These Terms & Conditions were last updated on August 2018
On this page you will find the Terms & Conditions that relate to the Conditions of Usage and Conditions of Sale of this website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WHAT'S IN THESE TERMS?
These terms tell you a) the rules for using our website https://www.oleoleflamenco.com/ and (all other websites, social media and other online properties operated by us) and b) the terms and conditions on which we supply products to you via this website.
TERMS AND CONDITIONS OF USE
1. WHO WE ARE AND HOW TO CONTACT US
1.1 https://www.oleoleflamenco.com/ is a site operated by Ole Ole Flamenco. We also operate brand accounts on various other websites, social media sites and have other online properties operated by us (the “sites”). We are registered in New York, New York USA.
1.2 To contact us, please email firstname.lastname@example.org
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
2.2 If you do not agree to these terms, you must not use our site.
2.3 We recommend that you print a copy of these terms for future reference.
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- If you purchase goods from our site, our Terms and conditions of sale will apply to the sales.
4. WE MAY MAKE CHANGES TO THESE TERMS
4.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
5. WE MAY MAKE CHANGES TO OUR SITE
5.1 We may update and change our site from time to time.
6. WE MAY SUSPEND OR WITHDRAW OUR SITE
6.1 Our site is made available free of charge.
6.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
8. HOW YOU MAY USE MATERIAL ON OUR SITE
8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
8.5 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
9. DO NOT RELY ON INFORMATION ON THIS SITE
9.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.
9.2 You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
9.3 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
10.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2 We have no control over the contents of those sites or resources.
11. USER-GENERATED CONTENT IS NOT APPROVED BY US
11.1 Our sites may include information and materials uploaded by other users of the sites. This information and these materials have not been verified or approved by us.
11.2 The views expressed by other users on our sites do not represent our views or values.
11.3 If you wish to complain about information and materials uploaded by other users please contact us on firstname.lastname@example.org
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you.
12.2 If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
12.3 If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
13. YOU MUST COMPLY WITH OUR ACCEPTABLE USE TERMS
13.1 By registering or using any of our sites, you accept and agree to the following:
13.2 You may use our sites (and in particular our social media sites) only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (You must comply with our acceptable use terms).
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.3 You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms and conditions of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our sites;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
13.4 We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Message/comment boards.
- Social networks.
(the “interactive services”).
13.5 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
13.6 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
13.7 These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.
13.8 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
13.9 Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
13.10 Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
13.11 You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.12 Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a license to use, store and copy that content and to distribute and make it available to third parties.
13.13 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
13.15 You are solely responsible for securing and backing up your content.
Suspension and Termination
14. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
14.1 When you upload or post content to our sites (and in particular when you hashtag #oleoleflamenco and #oleoleflamencostore on any of our social media brand accounts), you grant us and other users of the sites the following rights to use that content:
- To Ole Ole Flamenco and agents, a perpetual, irrevocable, fully transferable, fully paid, non-exclusive, royalty-free license, to use, reproduce, modify, create derivative works from, display, store, adapt, publish, translate, display and distribute your content, along with your name and likeness, throughout the world in any existing or future media, without obtaining additional consent, without the need to provide any attribution, without restriction, without the need to notify you, and without any duty or obligation to compensate you in any way.
- To third parties, a limited license to use the content for their purposes or in accordance with the functionality of the sites.
14.2 You acknowledge that we have no obligation of confidentiality in relation to any material you submit to us via the sites.
15. WE RUN PRIZE DRAWS AND COMPETITIONS THROUGH OUR SITES AND RETAIL STORES
15.1 From time to time Ole Ole Flamenco – the Promoter - runs prize draws and competitions through its sites and retail shops (including on, but not limited to our website, https://www.oleoleflamenco.com our Facebook page accessible at https://www.facebook.com, or the Facebook page of a Ole Ole Flamenco shop; our Twitter page accessible at https://twitter.com/ or the Twitter page of a Ole Ole Flamenco shop; and/or brand Instagram Page(s) accessible at https://instagram.com/ or the Instagram page of a Ole Ole Flamenco).
15.2 By submitting a prize draw or competition entry, you are agreeing to be bound by these terms and conditions. The Promoter has the right to refuse entry, or refuse to award prizes to anyone in breach of these terms and conditions.
15.3 Additional terms and conditions applicable to our prize draws and competitions can be found on the relevant prize draw notice or competition notice, on our website, Facebook page, Twitter page, Instagram page or other Ole Ole Flamenco social media account or site. In addition to these terms, you hereby agree to comply with the following policies of Facebook, Twitter and Instagram (as applicable):
15.4 The Promoter reserves the right to hold void, cancel, suspend, or amend the prize draw or competition where it becomes necessary to do so.
15.5 The prize draws and competitions will be governed by United States of America law and entrants to the prize draw submit to the jurisdiction of the United States of America courts.
How to enter
15.6 Our prize draws and competitions are open to anyone aged 18 years or over, except employees of the Promoter, their families, agents or any third party directly associated with administration of the prize draw. The Promoter may require you to provide proof that you are eligible to enter the competition.
15.7 Prize draws and competitions are free to enter and no purchase is necessary, unless stated otherwise on the relevant prize draw notice or competition notice.
15.8 All entries must be submitted as instructed on the relevant prize draw notice or competition notice, and only one entry per person is permitted. Competition entries cannot be returned.
15.9 The opening date and closing date for prize draws and competitions are stated on the relevant prize draw notice or competition notice. Entries received after the closing date will not be counted, or will be automatically disqualified.
15.10 The Promoter will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or proof of posting or transmission as proof of receipt of entry to the competition.
15.11 The winner will receive the prize(s) described in the relevant prize draw notice or competition notice. Prizes are subject to availability.
15.12 The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.
15.13 The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.
15.14 A winner for prize draws will be chosen by random draw on the date stated in the relevant prize draw notice.
15.15 Competition winners will be announced as described in the relevant competition notice. The decision of the Promoter or the judges nominated by the Promoter, is final and no correspondence or discussion will be entered into. The decision of the Promoter regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
15.16 The winner(s) will be notified by email or telephone (using details provided at entry), as soon as practicable, and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within 7 days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.
15.17 The prize will be delivered to the winner within a reasonable time of being notified of their win.
15.18 The winner's name and county can be obtained by sending an email to email@example.com within 30 days after the date of the closing date of the prize draw, or announcement of a competition winner (whichever relevant).
Limitation of liability
15.19 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
Data Protection and Publicity
15.20 Winners may be required to participate in publicity related to the prize draw which may include the publication of their name and photograph in any media.
15.21 Personal data supplied during the course of this promotion may be passed on to third party suppliers only insofar as required for fulfilment/delivery/arrangement of the prize.
16. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
16.1 We do not guarantee that our site will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmers and platform to access our site. You should use your own virus protection software.
16.3 You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
17. RULES ABOUT LINKING TO OUR SITE
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.3 You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
17.4 We reserve the right to withdraw linking permission without notice.
17.5 The website in which you are linking must comply in all respects with the content standards set out in You must comply with our acceptable use terms.
17.6 If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
18. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
19. OUR WEBSITE CONTENT BELONGS TO US
19.1 All content on this site (including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software) is owned by or licensed to Ole Ole Flamenco and our respective licensors or content providers, and is protected by copyright, trade mark and other applicable laws. Your use of the site does not entitle you to any intellectual property rights or any other rights to our content, other than the limited rights of use granted to you pursuant to these terms. You may not use the website or our content on the site for any commercial purpose whatsoever.
TERMS AND CONDITIONS OF SALE
1.1 What these terms cover. These are the terms and conditions on which we supply products to you. If you buy goods on our site, you agree to be legally bound by these terms and conditions. You may only buy goods from our site for non-business reasons.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Ole Ole Flamenco Limited a company registered in New York, NY
2.2 How to contact us. You can contact us by writing to us at email@example.com
2.3 How we may contact you. If we have to contact, you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. When you place your order at the end of our online checkout process, we will acknowledge it by email and may send you a follow up order confirmation, also by email. These acknowledgements and confirmation emails do not mean that your order has been accepted, nor do they guarantee that your order can be fulfilled. Our acceptance of your order will take place when we dispatch the goods to you. Dispatch represents the moment where a ‘contract of sale’ is made between Ole Ole Flamenco and you. Please note your credit/debit card may be charged at any point between acknowledgement of your order and dispatch.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this. We may not accept your order for the following reasons:
- the product is out of stock or otherwise unavailable,
- unexpected limits on our resources which we could not reasonably plan for,
- we cannot authorize your payment,
- we are not allowed to sell the goods to you, or you are not allowed to buy the goods from us,
- you have ordered too many goods,
- there has been a mistake in the pricing or description of the product, or
- we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and include it in your order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the color accurately, we cannot guarantee that a device's display of the color accurately reflects the color of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. OUR RIGHTS TO MAKE CHANGES
Changes to the products and these terms. We may change the product and these terms. We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
7. PROVIDING THE PRODUCTS
7.1 Delivery methods. We use USPS or UPS to deliver our goods.
7.2 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.3 When we will provide the products. During the order process we will let you know when we will dispatch the products to you. We will deliver your products to you as soon as reasonably practicable.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. In other words, the risk in the goods passes to you when you take possession of the goods.
7.6 When you own goods. You own a product once we have received payment in full.
7.7 We only deliver to certain locations. We will only deliver products to the addresses listed on the United States of America of this website.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can end your contract with us if you change your mind (Consumer Contracts Regulations 2013). You have the right to cancel this contract within 14 days without giving any reason, but cancellation may be subject to deductions and you will have to pay the costs of return of any goods. Your right to end the contract, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.2 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.
8.3 Ending the contract because of a faulty product. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11.
8.4 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (1) to (5) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please email us at email@example.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what condition is acceptable for a return to be processed. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. Please write to us at firstname.lastname@example.org
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes TAX at the applicable rate) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
12.2 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.3 When you must pay and how you must pay. We accept payment made by any of the permitted methods specified on this website from time to time. You must pay for the products before we dispatch them.
12.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are as described and match information we provided to you); and for defective products under the Consumer Protection.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and disputes relating to the contract, and where you may bring legal proceedings? These terms and any disputes relating to a contract under these terms, are governed by United States of America law and you can bring legal proceedings in respect of the products in the United States of America courts.