These Terms of Use, also known as Terms and Conditions (T’s & C’s), and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, toolmix.uk. By using our website, you agree to be bound by, and to comply with, these Terms of Use.
These Terms and Conditions are effective from 01/01/2024.
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 at the earliest possible opportunity to discuss this.
We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.
If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.
1) About Us
1.1: We are Tool Mix Limited, trading as ‘Toolmix’.
1.2: Tool Mix Limited is registered in England and Wales, company number 14115499. Our Registered Office is Unit 6a Hambleton Grove Industrial Estate, Knaresborough, England, HG5 0DB.
1.3: You can contact us by email, using the address sales@toolmix.uk, via our social media channels, using the contact form on our website or by visiting us at our Registered Office.
1.4: If you contact us, we reserve the right to reply within a timeframe which we believe to be acceptable. At present, we believe this to be 24 hours for all communication received electronically Monday to Friday. If you contact us via email, social media or contact form over the weekend, or outside of our normal working hours, then please allow up to 72 hours for a response.
1.4.1: If you contact us via Post, we will respond within three to five working days of receiving your postal communication. If you have requested a response by post, please allow a further five working days for this to arrive with you. If you do not specify a method of response, we will communicate with you via email.
1.5: If we need to contact you, we will do so by email in the first instance. In some circumstances, we may choose to call you using the telephone number you provide when ordering from us. In extreme circumstances, we will contact you via post.
2) Our Contract with You
2.1: Our Contract with you is to provide the goods which you have requested and completed payment for via our website.
2.2: When your order has been completed, you will be provided with an email confirmation of your order. This email will automatically be sent to you using the email address provided at checkout.
2.2.1: We can bear no responsibility for email confirmations which have failed to send or be received in your inbox.
2.2.2: The order confirmation email does not exclusively confirm that we will be able to dispatch the items ordered. All orders are subject to product availability and quality control checks.
2.3: Once picked, your order will be quality checked, before being packaged and subsequently dispatched.
2.4: Items ordered will be dispatched according to your chosen delivery method, selected and paid for at checkout.
3) Our Products
3.1: Products displayed on our website may vary from their images. The images of products on our website are for illustrative purposes only. Although we have made every effort to display the aspects of the products accurately, we cannot guarantee that a device’s display of the colours accurately reflects the actual features of the products. Therefore, your product may vary slightly from those images.
3.2: You are responsible for ensuring that you have ordered the correct products for your needs.
3.3: By placing an order with us, you give us permission to use any images in which we are tagged on social media for use in marketing materials, which includes their inclusion on our site.
3.4: Products ordered must be used for the purpose for which they are intended. We will not be responsible for any injury or damage caused by the misuse of products stocked by us.
3.4.1: Pads used with electrical polishing machines must be used strictly as per the manufacturer’s guidelines. Pads must always be in contact with the painted surface while the machine is turned on and pads must be cleaned gently with finger action. We do not recommend that you machine wash the pads or use spurs, and therefore are not covered by any sort of warranty.
3.4.2: Some of our products contain parts made of cast iron, Cast iron is prone to surface rust which can be caused by condensation in either our warehouse and/or the couriers warehouse and/or vehicles. The surface rust that may appear on some of the cast iron parts of our products but has no detriment to the product and is only cosmetic. This can very easily be removed and no compensation will be issued for this enquiry.
4) Changes to products, Refunds and Cancellations.
4.1: If you wish to make a change to the product(s) you have ordered please contact us as soon as possible. If a change is possible, we will make you aware of any additional costs and changes to the timing of the processing or delivery of your order. We will also aim to provide you with any other information which may be requested or deemed necessary by us as the Vendor.
4.2: We reserve the right to substitute items in the event of a product being out of stock. We will do our best to replace products with the closest available product, although this may not always be the same brand as the original order.
4.3: If you wish to cancel your order:
Before despatch: You must notify us as soon as possible by emailing sales@toolmix.uk or by phoning 01423 887899. Please quote your Order Number in all correspondence.
If Goods have already been despatched: You must return them within 7 working days of receipt to;
Tool Mix Limited
Unit 6a, Hambleton Grove Industrial Estate
Knaresborough,
North Yorkshire
HG5 0DB
4.4: In the event that you cancel an order, we reserve the right to charge an Administration and Restocking Fee of £1.99.
4.5: Transactions under £42 are exempt from The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and therefore for transactions under this value, you do not have the right to cancel. However, we do offer the option to cancel transactions of this nature, but they will automatically be subjected to our Administration and Restocking Fee of £1.99. Should you wish to cancel an order below the value of £42, you agree to pay this fee.
4.6: At our discretion, we can refund the cost of your postage.
4.7: If you wish to return your order for any reason, you must notify us by the methods in condition 4.3 stating the reason within 14 days from the date of the order.
4.8: You are free to return Goods for a refund or exchange if they are unused and in their sealed state and are suitable for resale and within 14 days of receipt.
4.9: If you return an order, you will be refunded for the price of the goods only.
4.10: Please allow 14 days for a refund on faulty items as they require inspection to confirm the fault.
4.11: All return postage costs will be met by You.
4.12: Refunds and exchanges will only be authorised once these conditions have been met and we have received the goods. You are advised to obtain proof of posting and insurance when returning Goods as they will be your responsibility until they are received by us.
4.13: In the event of you purchasing your goods via one of our payment providers, such as Clearpay, Paypal or Klarna, we will deduct a 5% Administration Fee from your refund in order to cover costs.
5) Delivery
5.1: Orders which have been placed prior to 15:00 will be processed the same working day, and we endeavour to dispatch your parcel on this same working day. This may not always be possible, such as in busy periods, including (but not limited to) Black Friday, the month of December, and during other promotions. If your order is urgent, please call us first to check delivery times.
5.2: Orders placed after 15:00 on Fridays, or at any time on a Saturday and Sunday, will be processed on the next working day.
5.3: Currently, we offer two different delivery options to UK Mainland, other area’s are quoted on the day. These are Royal Mail 3 Working Days and DHL Next Working Day.
The minimum costs for these are:
Royal Mail, 3 Working Days: £4.95
DHL, Next Working Day: £6.95
5.4: Both services are working day options, and therefore we cannot guarantee that items will be delivered on a weekend.
5.5: The time scales mentioned above are indicative and not a guaranteed time frame.
5.6: If your order exceeds the maximum weight for your chosen delivery method, then we reserve the right to charge an additional carriage fee.
5.7: We cannot be held responsible for delays to your delivery which relate, either directly or indirectly, to issues caused or associated with our chosen delivery partner. As such we are unable to offer refunds or compensation for such delays.
5.8: We cannot be held liable if You select an incorrect delivery method.
5.9: We will not be held liable if a UK delivery method is chosen and a non UK address is entered.
5.10: We cannot be held liable for an incorrect shipping address being entered at the time of order. If we believe an address has been incorrectly entered, then an attempt will be made to contact you. If we are unsuccessful, then we reserve the right to wait until you contact us in relation to your order.
5.11: Our delivery partner will obtain a signature from you as the recipient, or take a picture of the package at your premises. Once goods have been signed for, left in a safe place, and/or there is photographic evidence of the parcel being delivered, the goods then belong to you, and all liability for these is yours and yours alone.
5.12: Similarly to Article 7.3, on receipt of your order, you must check against the inventory provided. You must inform us of any missing items within 24 hours. After this time no liability will be assumed by Us.
5.13: If your order arrives damaged, you must contact us directly via email or social media. This email or social media message should contain photographs which clearly highlight any damage or defects. We may choose to refund or replace the goods at our discretion.
5.14: Our courier will try to deliver your item on two occasions. If you are not available on both of these occasions, they will return the goods to us. You will be liable for any costs incurred as a result of this, including any additional delivery charges for redispatching the items to you.
5.15: If after 7 days of confirmation of your order you haven’t received your items, you must notify us within 24 hours of day 7 expiring.
5.16: Lost items are not deemed lost by couriers until 14 days after posting. We are in no way responsible for any lost items. Any replacements for lost items will be produced and dispatched at our discretion.
5.17: Our delivery partners have 90 days to issue a claim for lost or stolen items.
5.18: We cannot replace or refund lost or stolen goods in transit without a full investigation and trying to determine what went wrong. We may also not refund or replace goods until the delivery insurance pays out.
5.19: At our discretion, we will replace any goods that are damaged in transit or do not meet the quality standards that we set. If you have received damaged goods or goods that do not meet your expectations please send an email through to us with photos. All orders are quality checked before leaving our premises. We can not refund or resend without seeing photographic evidence.
5:20: Orders over a certain value will be delivered to the billing address and not the shipping address, if you enter a different shipping address to your billing address we will notify you that we will be dispatching the items to the billing address.
5:21: We advertise free shipping with a gross cart of £100 inc VAT, Please note during sale periods and promotions free delivery is disabled as we cannot discount the products and factor the cost of shipping.
6) Returns
6.1: If for any reason you wish to cancel your order with us please send an e-mail to sales@toolmix.uk. We can cancel the order at any time as long as the goods haven’t yet been dispatched.
6.2: In the event that your order has been dispatched you can return the goods within 7 working days. The goods must be returned in their perfect, unopened condition and sealed in their original packaging. The costs of returning goods to us will be met by you.
6.3: When we receive the goods we will authorise a refund. We will refund the cost of the goods only.
6.4: The goods will remain your responsibility until they have been safely delivered to us. We strongly advise that you insure the goods and get proof of posting in case of loss or damage.
6.5: We reserve the right to reject any item returned to us.
6.6: We are in no way liable for any costs incurred should you choose to return an item to us.
6.7: We are unable to accept returns for or refund discontinued products.
7) Defective Products
7.1: All of our orders undertake a Quality Check before being dispatched to You.
7.2: Should you receive a defective product from us, despite the Quality Check being undertaken, we will request information from you, including photographs of the specific issues or defects.
7.3: If you receive a product and there is an immediate defect or issue with the product, you must contact us within 24 hours of receiving the order.
7.4: Upon reporting the issue to us and providing imagery, any claims of a defective product will be investigated by the most senior member of staff available.
7.5: The decision made by this staff member is final, and no appeal is possible.
8) Price and Payment
8.1: 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. Please see clause 8.3 for what happens if we discover an error in the price of the product you order.
8.2: We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.3: 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 unmistakable 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.
8.4: We accept payment with most major credit and debit cards, as well as through PayPal. You must pay for the product when the order is placed.
9) Your Personal Information
9.1: Your personal information is used in accordance with our Privacy Policy.
10) Terms of Use and Privacy Policy
10.1: You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.
10.2: In addition to these Terms of Use, your use of our website is also governed by the following documents:
10.2.1: Our privacy policy, which is available at https://toolmix.uk/privacy-policy/. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
10.2.2: Our cookies policy, which is available at https://toolmix.uk/cookie-policy-uk/. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
10.3: By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.
If you do not agree to the terms set out in these Terms of Use, you must not use our website.
11) Copyright and Usage of our site and materials.
11.1: All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved.
11.2: Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
11.3: The name ‘Toolmix’ and all aspects of the Toolmix logo, are trademarks of Toolmix Limited.
11.4: The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us.
11.5: Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.
11.6: The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
11.7: Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
11.8: You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
11.9: Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
11.10: You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.
11.11: You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
11.12: You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:
- For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
- For any fraudulent purposes whatsoever;
- To conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
- To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
- To communicate with, harm or attempt to harm children in any way; or
- In any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.
11.13: You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:
- Under the age of 18; or
- If they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.
11.14: You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
11.15: If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).
12) Inbound and Outbound Links
12.1: Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
12.2: Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.
12.3: You may not link to our website without our prior written consent. Where you have obtained our consent to link to our website:
- You may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
- Wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
- You must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
12.4: We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.
13) Viruses and other harmful content
13.1: We do not guarantee that our website does not contain viruses or other malicious software.
13.2: We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
13.3: You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
13.4: You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
13.5: You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.
13.6: You must not attempt to perform any denial of service type attack on our website.
13.7: You must not perform any action which would contravene the Computer Misuse Act 1990. We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
14) Exclusions and Limitations of Liability
14.1: We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. if applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law. [if you purchase goods or services from our website, different exclusions of liability may apply. these are contained in our terms of sale.]
14.2: Subject to the aforesaid, in no event shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or relating to:
- Your use of our website;
- Any corruption or loss of data;
- Any inability to access our website, including, without limitation, any interruptions, suspension or withdrawal of our website (for any reason whatsoever);
- Any use you make of any content or materials on our website, including any reliance you make on such content or material;
- Any loss of savings, profits, sales, business or revenue;
- Any loss of reputation or goodwill;
- Any loss of savings;
- Any loss of a chance or opportunity; or
- Any other secondary, consequential or indirect losses,
14.3: Even if we have been advised of the possibility of such loss or damage, without limitation, you assume and shall be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising.
14.4: We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.5: You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
14.6: You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by us.
14.7: To the extent that any of the provisions of this clause are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
14.8: No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
15) Indemnification.
15.1: You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
- Your uploads, access to or use of the website;
- Your breach or alleged breach of these Terms of Use;
- Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- Any misrepresentation made by you.
15.2: You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
16) Disclaimers.
16.1: The website is provided on an “as is”, “as available” and “with all faults” basis. to the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
- the service;
- the website content;
- user content; or
- security associated with the transmission of information to the website.
16.2: In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
16.3: We do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected, or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. we do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful. you acknowledge that your use of the website is at your sole risk.
16.4: We do not warrant that your use of the website is lawful in any particular jurisdiction, and we specifically disclaim such warranties. some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.
16.5: By accessing or using the website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
16.6: We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
17) Other Additional Terms
17.1: We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:
To reflect any changes in the way we carry out our business.
To account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website.
- To accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
- To inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
- To ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
17.2: If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.
17.3: By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.
17.4: You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
17.5: The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.
17.6: 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.
17.7: 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. We may not agree if, in our honest opinion, the transfer of the rights may increase our exposure under the terms – for example increasing the risk of us not being paid under the contract or increasing the possibility of us being sued under the contract.
17.8: 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.9: If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.10: 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.
17.11: 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.