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Terms of Website Use

This page (together with the documents referred to on it) informs you of the terms on which you may make use of our website www.smokeflares.co.uk (our Website), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Website.

By using our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Website.

We reserve the right to change these terms of use from time to time, without prior notice, by changing them on our Website.

INFORMATION ABOUT US

www.smokeflares.co.uk is a site operated by YANELEX Limited ("We"). We are registered in England and Wales under company number 07104239 and have our registered office at 18 Norfolk Square, Paddington, London W2 1RS. Our VAT number is GB 984 8025 83.

We are a limited company.

ACCESSING OUR WEBSITE

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. In addition we may, from time to time, and for any reason, restrict access to some parts of our Website or our entire Website.

If you choose, or you are provided with, a user identification name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

PROHIBITED USES

You may use our Website only for lawful purposes. You may not use our Website:

  • 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 transmit, or procure the sending of, any unsolicited or unauthorised 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.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our Website, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Blogs.

(interactive services).

 

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 Website, 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 Website, 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.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Website (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

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.

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.

INTELLECTUAL PROPERTY RIGHTS

We are the owner, or the licensee, of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Except as expressly set out in these terms of use, nothing in these terms give you any rights in respect of any intellectual property owned or licensed by us. You shall not assert or attempt to obtain any such rights and you shall not copy, use, reproduce, modify, publish, transmit, transfer, create derivative works from, or in any way exploit our name, trade marks, logos or other proprietary marks or any content of the Website in whole or in part, save as provided in these terms of use.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes.

RELIANCE ON INFORMATION POSTED

Any commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

OUR WEBSITE CHANGES REGULARLY

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for any liability which cannot be excluded or limited under applicable law.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms of use. When a breach of these terms has occurred, we may take such action as we deem appropriate.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our privacy policy and General Data Protection Regulation (GDPR). By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE

Contracts for the supply of goods and/or services formed through our Website, or as a result of visits made by you, are governed by our terms and conditions of supply.

UPLOADING MATERIAL TO OUR WEBSITE

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out above.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR WEBSITE

You may link to any page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Website other than that set out above, please address your request to sales@smokeflares.co.uk.

LINKS FROM OUR WEBSITE

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their 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.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

YOUR CONCERNS

If you have any concerns about material which appears on our Website, please contact sales@smokeflares.co.uk.

Thank you for visiting our Website.

 

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Terms & Conditions of Supply

This page (together with the documents expressly referred to on it) informs you of information about us and the legal terms and conditions (Terms) on which we sell any of our products (Products) listed on our website (our Website) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms.

If you do not accept these Terms when prompted to do so, you will not be able to order any Products from our Website.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 www.smokeflares.co.uk is a site operated by YANELEX Limited ("We"). We are registered in England and Wales under company number 07104239 and have our registered office at 18 Norfolk Square, Paddington, London W2 1RS. Our VAT number is GB 984 8025 83.

1.2 To contact us, please see our Contact Us page.

2. OUR PRODUCTS

2.1 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 your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 The packaging of the Products may vary from that shown on images on our Website.

2.3 All Products shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2.4 If the Product is unavailable or we are not able to supply it for any reason, we may provide you with a substitute product which will be equal to or greater value than the product you ordered. If you are not happy with the substitute product you may return them at our cost. If there are no available substitute products we will contact you by email to enquire whether you would like other available products or to cancel your order.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR). Please take the time to read our Privacy Policy and General Data Protection Regulation (GDPR).

4. IF YOU ARE A CONSUMER

This clause 4 only applies if you are a consumer.

4.1 If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.

4.2 Certain Products on our Website can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our Website.

4.3 We intend to rely upon these Terms in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

4.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5. IF YOU ARE A BUSINESS CUSTOMER

This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.

5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 For the steps you need to take to place on order on our Website, please see our FAQ's page.

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.

6.4 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. OUR RIGHT TO VARY THESE TERMS

7.1 We reserve the right to change these Terms from time to time, without prior notice, by changing them on our Website.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

This clause 8 only applies if you are a consumer.

8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2 However, this cancellation right does not apply in the case of:

(a) any made-to-measure or custom-made products;

(b) newspapers, periodicals or magazines;

(c) perishable goods, such as food, drink or fresh flowers;

(d) software, DVDs or CDs which have a security seal which you have opened or unsealed

8.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

8.4 To cancel a Contract, please contact our Customer Services telephone line or e-mail us at sales@smokeflares.co.uk. You may wish to keep a copy of your cancellation notification for your own records. You will be provided with a Returns Authorisation Number (RAN) which must be quoted when returning your Products.

8.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.

8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

8.7 We will issue refunds by way of cheque unless you specifically request that we refund you on the credit card or debit card used by you to pay.

8.8 If the Products were delivered to you:

(a) you must return the Products to us within 14 days of cancellation with all paperwork and accessories and with the original packaging;

(b) unless the Products are faulty, mis-described or substitute products supplied under clause 2.4 (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us;

(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9. DELIVERY

9.1 Your order will be fulfilled by any estimated delivery date set, unless there is an Event Outside Our Control (see clause 14 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Please note that we have no control over our couriers' delay in delivering your Products to you.

9.2 Delivery will be completed when we deliver the Products to the address you provided at the time you placed your order.

9.3 If no one is available at your address to take delivery, we will, where we are able to, leave you a note that delivery has been attempted. We will attempt to re-deliver your Products within a reasonable time after our first delivery attempt and we reserve the right to charge you for any re-delivery charges incurred. Please therefore ensure that you are available to take delivery of the Products.

9.4 The Products will be your responsibility from the completion of delivery.

9.5 You own the Products once we have received payment in full, including all applicable delivery charges.

9.6 In respect of international deliveries:

(a) Such deliveries may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount;

(b) You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order; and

(c) You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable of responsible if you break any such law.

9.7 This clause 9 is in respect of both domestic and international deliveries.

10. PRICE OF PRODUCTS AND DELIVERY CHARGES

10.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of payment, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website and will vary from time to time.

10.5 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will either write to you or telephone you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

11. HOW TO PAY

11.1 You can only pay for Products using the methods as listed on our Website prior to placing your order.

11.2 Unless otherwise agreed, payment for the Products and all applicable delivery charges is in advance.

12. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 12 only applies if you are a consumer.

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or

(e) defective products under the Consumer Protection Act 1987.

13. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 13 only applies if you are a business customer.

13.1 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

13.2 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

13.3 Subject to clause 13.2 and clause 13.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.

13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or any failure of our couriers and/or suppliers.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. COMMUNICATIONS BETWEEN US

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15.2 If you wish to contact us in writing for example, in respect of any complaints you have, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to YANELEX Limited at 18 Norfolk Square, Paddington, London W2 1RS and/or sales@smokeflares.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 8, please see that clause 8 for how to inform us.

15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

15.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

16.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

16.8 We will not file a copy of the Contract between us.