ITWASMADEFORME – Terms & Conditions
The pages (“the website”) are published by IT WAS MADE FOR ME (“us” or “we”).
Please read our conditions of use carefully as by using the website you will be taken to have agreed to be bound by them. We reserve the right to vary the conditions of use at any time and will post any variations here. You are advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the website after they have been posted.
WE PUBLISH THE WEBSITE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW) AND WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE THAT MAY RESULT FROM USE OF THE WEBSITE AS A CONSEQUENCE OF ANY INACCURACIES IN, OR ANY OMISSIONS FROM, THE INFORMATION WHICH THEY MAY CONTAIN.
Any reference to any product or service which has been or may be provided by us or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
The release, publication or distribution of documents on the website in jurisdictions other than the United Kingdom may be restricted by law and therefore persons in a jurisdiction other than the UK into which such documents are released, published, distributed or otherwise accessible should inform themselves about and observe any such restrictions. Access to the website will not constitute an offer in jurisdictions in which it would be illegal to make such an offer and in such circumstances it will be deemed to have been sent for information purposes only.
Copyright in these pages is owned by us except where otherwise indicated by a third party’s proprietary notice. Images, trade marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.
Content and information provided by third parties is identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.
We are not responsible for the content of any other website from which you have accessed the website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result of your use of any other site from which you hyperlink to or from the website.
These conditions of use are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.
To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.
1. Access to the website and intellectual property
1.1. Access to our website
1.1.1. We will do our utmost to ensure that availability of the web site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the web site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
1.2. Licence for Web site access
1.2.1. IT WAS MADE FOR ME grants you a limited licence to access and make personal use of this Web site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IT WAS MADE FOR ME. This licence does not include any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
1.2.2. This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
1.2.3. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IT WAS MADE FOR ME without express written consent. You may not use any meta tags or any other “hidden text” utilising IT WAS MADE FOR ME’s names or trademarks without the express written consent of IT WAS MADE FOR ME. Any unauthorised use terminates the permission or license granted by us.
1.2.4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of our website as long as the link does not portray us, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logo or other proprietary graphic or trademark as part of the link without our express written consent.
1.3. Your conduct
1.3.1. You must not use the web site in any way that causes, or is likely to cause, the Web site or access to it to be interrupted, damaged or impaired in any way.
1.3.2. You understand that you, and not IT WAS MADE FOR ME, are responsible for all electronic communications and content sent from your computer to us and you must use the web site for lawful purposes only.
1.3.3. You must not use the Web site for any of the following: fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety
1.4. Copyright and database rights
1.4.1. All content included on the web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of IT WAS MADE FOR ME or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this Web site is the exclusive property of IT WAS MADE FOR ME and is protected by United Kingdom and international copyright and database right laws. All software used on this web site is the property of IT WAS MADE FOR ME, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.
1.4.2. You may not systematically extract and/or re-utilise parts of the contents of the web site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this web site, without our express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this web site without our express written consent.
1.5.1 IT WAS MADE FOR ME, and other marks indicated on our web site are trademarks of IT WAS MADE FOR ME.
2. Terms relating to the sale of products to you
2.1. What these terms cover. These are the terms and conditions on which we supply products to you.
2.2. 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.
2.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
3. Information about us and how to contact us
3.1. Who we are. We are IT WAS MADE FOR ME a limited liability partnership established in England and Wales. Our registration number is OC420963 and our registered office is at Wyndham, Battery Lane, Portishead, Bristol BS20 7JD.
3.2. How to contact us. You can contact us by writing to us at firstname.lastname@example.org or Sarah Richards, Creative Director, IT WAS MADE FOR ME, Wyndham, Battery Lane, Portishead, Bristol BS20 7JD.
3.3. 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.
3.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4. Our contract with you
4.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4. Copyright. Copyright in all images and products created and supplied by us remains owned by IT WAS MADE FOR ME, whether produced as Ready to Hang, Personalised Prints or Commissions, or otherwise (“Works”). The Works may not be used for any commercial purpose by customers without our express written consent. We reserve the right to use any of the Works we may create for our own marketing purposes (whether on social media, our website or otherwise) unless expressly agreed otherwise.
5. Our products
5.1. 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 colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
6. Your rights to make changes
6.1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
7.1. Minor changes to the products. We may change the product:
7.1.1. to reflect changes in relevant laws and regulatory requirements; and
7.1.2. to implement minor technical adjustments and improvements, for example with regard to the choice of stock or printing technique.
8. Providing the products
8.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
8.2. When we will provide the products.
8.2.1. If the products are Ready to Hang prints or Personalised prints: we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
8.2.2. If the products are Commissions. We will begin the work on the Commissions on the date agreed with you during the order process. The estimated completion date for the Commissions is as told to you during the order process.
8.3. 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 minimise 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.
8.4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.5. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
8.6. 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.
8.7. When you own goods. You own a product once we have received payment in full.
8.8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, images or text for a bespoke print. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
8.9.1. deal with technical problems or make minor technical changes;
8.9.2. update the product to reflect changes in relevant laws and regulatory requirements;
8.9.3. make changes to the product as requested by you or notified by us to you (see clause 7).
8.10. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days in any 90 day period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.11. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 15.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 15.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 15.5).
9. Your rights to end the contract
9.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
9.1.1. 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 a service re-performed or to get some or all of your money back), see clause 13 if you are a consumer and clause 14 if you are a business;
9.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3. If you are a consumer and have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
9.1.4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.6.
9.2. 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 (a) to (e) 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:
9.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to;
9.2.2. 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;
9.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.2.4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
9.2.5. you have a legal right to end the contract because of something we have done wrong.
9.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of personalised prints or bespoke images which you have commissioned (being all products save for those stated to be “Ready to Hang”)
9.5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. Have you bought goods (for example, Ready to Hang prints?, if so you have 14 days after the day you (or someone you nominate) receives the goods. However, if your goods are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery.
9.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a sum equal to 50% of the total value of the order as reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including if you are a consumer who has changed their mind)
10.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1. Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2. By post. Write to us at Wyndham, Battery Lane, Portishead, Bristol BS20 7JD, including details of what you bought, when you ordered or received it and your name and address.
10.2. 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. You must post them back to us at IT WAS MADE FOR ME, Wyndham, Battery Lane, Portishead, Bristol BS20 7JD. Please email us at firstname.lastname@example.org for a return label or to arrange collection. If you are a consumer 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.
10.3. When we will pay the costs of return. We will pay the costs of return:
10.3.1. if the products are faulty or misdescribed;
10.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
10.5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
10.6.1. We may reduce your refund of the price (excluding delivery costs) 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. 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.
10.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
10.7.1. If the products are goods and we have not offered to collect them, 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 10.2.
10.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
11. Our rights to end the contract
11.1. 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:
11.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
11.1.2. 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, for example, images or content required for the production of a bespoke print; or
11.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
11.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you 50% of the gross value of your order as compensation for the net costs we will incur as a result of your breaking the contract.
12. If there is a problem with the product
12.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com or IT WAS MADE FOR ME, Wyndham, Battery Lane, Portishead, Bristol BS20 7JD.
13. Your rights in respect of defective products if you are a consumer
13.1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a Ready to Hang print, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 9.3.
13.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
14. Your rights in respect of defective products if you are a business
14.1. If you are a business customer we warrant that on delivery any products which are goods shall:
14.1.1. conform with their description;
14.1.2. be free from material defects in design, material and workmanship; and
14.1.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
14.2. Subject to clause 14.3, if:
14.2.1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 14.1;
14.2.2. we are given a reasonable opportunity of examining such product; and
14.2.3. you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
14.3. We will not be liable for a product’s failure to comply with the warranty in clause 14.1 if:
14.3.1. you make any further use of such product after giving a notice in accordance with clause 14.2.1;
14.3.2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
14.3.3. the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
14.3.4. you alter or repair the product without our written consent; or
14.3.5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
14.4. Except as provided in this clause 14, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 14.1.
14.5. These terms shall apply to any repaired or replacement products supplied by us under clause 14.2.
15. Price and payment
15.1. Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.2 for what happens if we
15.2. 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
15.3. When you must pay and how you must pay. We accept payment with PayPal. When you must pay depends on what product you are buying:
15.3.1. For Ready to Hang prints or Personalised prints, you must pay for the products in full before we dispatch them.
15.3.2. For Commissions, you must make an advance payment of 50% of the price of the Commissions before we start work. We will invoice you for the balance of the price of Commissions when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoice (and prior to delivery).
15.4. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.6. 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16. Our responsibility for loss or damage suffered by you if you are a consumer
16.1. 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
16.2. 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 as summarised at clause 13.1; and for defective products under the Consumer Protection Act 1987
16.3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
16.4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
17. Our responsibility for loss or damage suffered by you if you are a business
17.1. Nothing in these terms shall limit or exclude our liability for:
17.1.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
17.1.2. fraud or fraudulent misrepresentation;
17.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
17.1.4. defective products under the Consumer Protection Act 1987; or
17.1.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2. Except to the extent expressly stated in clause 14.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3. Subject to clause 17.1:
17.3.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
17.3.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 per cent (100%) of the total sums paid by you for products under such contract.
18. How we may use your personal information
19. Other important terms
19.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19.2. 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.
19.3. 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.
19.4. 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.
19.5. 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.
19.6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.