TERMS AND CONDITIONS
1.
INTRODUCTION
1.1.
This document (together with any documents
referred to in it) tells you the terms and conditions upon which we sell and
supply the goods and services (the 'Products') listed on this website (the
'Website') to you.
1.2.
Before confirming your order please:
1.2.1.
Read through these terms and conditions (the
'Conditions') and in particular our cancellations and returns policy at clause 12
and limitation of our liability and your indemnity at clause 16
1.2.2.
Print a copy for future reference.
1.2.3.
Read our privacy policy regarding your personal
information.
1.3.
By ordering any of the Products listed on this
Website, you agree to be legally bound by these Conditions. You will be unable
to proceed with your purchase if you do not accept these terms and conditions
as may be modified or amended and posted on this Website from time to time.
1.4.
We reserve the right to revise and amend the
Website, our disclaimers and the Conditions at any time without notice to you. Your
continued use of the Website (or any part thereof) following a change shall be
deemed to be your acceptance of such change. It is your responsibility to check
regularly to determine whether we have changed these Conditions.
2.
ABOUT US
2.1.
This Website is owned and operated by MoyMoy
Artist Productions Limited ('we'/'us'/'our'), a limited company registered in England
and Wales under company number: 07777099 having our registered office at 3RD
FLOOR 207 REGENT STREET LONDON ENGLAND W1B 3HH .
3.
COMMUNICATIONS
3.1.
You agree that email and other electronic
communications can be used as a long-distance means of communication and
acknowledge that all contracts, notices, information and other communications
that we provide to you electronically comply with any legal requirement that
such communications be in writing.
3.2.
We will contact you by email or provide you with
information by posting notices on our Website.
4.
OVERSEAS
ORDERS
4.1.
Our Website is only intended for use by customers
resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2.
We may, in our sole discretion, accept orders
for goods from individuals located outside the United Kingdom and ship them
overseas. We may also agree to provide our services if you are resident in the
European Economic Area (EEA), subject to reserving a right to amend the
specifications or standards of the services offered on the Website and/or these
Conditions or to refuse to accept an order for our services from you, if it
will put an excessive strain on our business or if we have an objective reason
for doing so. If we accept your order, you will be liable to pay for all and
any additional costs that we incur in order to facilitate your order, such as
(without limitation) extra shipping or postage costs. You will have an
opportunity to cancel your order in case the additional costs are not
acceptable.
4.3.
If we agree to supply any Products ordered from
the Website for delivery outside the United Kingdom they may be subject to
import duties and/or additional taxes or expenses incurred due to complying
with foreign regulatory requirements or laws. You will be responsible for
payment of any such duties and/or taxes in addition to our price including the
cost of delivery (in the case of goods). Please note that we have no control
over these charges and cannot predict their amount. Please contact your local
customs office or taxation authority for further information before placing
your order.
4.4.
Please note that when shipping products
internationally, you should be aware that cross-border shipments are subject to
opening and inspection by customs authorities.
4.5.
You must comply with all applicable laws and
regulations of the country for which the Products are destined. We will not be
liable for any breach by you of any such laws.
5.
REGISTRATION
5.1.
When registering on the Website you must choose
a username and password. You are responsible for all actions taken under your
chosen username and password.
5.2.
By registering on the Website you undertake:
5.2.1.
That all the details you provide to us for the
purpose of registering on the Website and purchasing the Products are true,
accurate, current and complete in all respects
5.2.2.
To notify us immediately of any changes to the
information provided on registration or to your personal information
5.2.3.
That you are over 18 or if under 18 you have a
parent or guardian's permission to register with and purchase the Products from
this Website in conjunction with and under their supervision
5.2.4.
To only use the Website using your own username
and password
5.2.5.
To make every effort to keep your password safe
5.2.6.
Not to disclose your password to anyone
5.2.7.
To change your password immediately upon
discovering that it has been compromised
5.2.8.
To neither transfer or sell your username or
password to anyone, nor permit, either directly or indirectly, anyone other
than you to use them
5.3.
You authorise us to transmit your name, address
and other personal information supplied by you (including updated information)
to obtain information from third parties about you, including, but not limited
to, credit reports and so that we may authenticate your identity.
5.4.
We reserve the right to terminate an agreement
formed with you pursuant to clause 9
below and to suspend or terminate your access to the Website immediately and
without notice to you if:
5.4.1.
You fail to make any payment to us when due
5.4.2.
You breach these Conditions (repeatedly or
otherwise)
5.4.3.
You are impersonating any other person or entity
5.4.4.
When requested by us to do so, you fail to
provide us within a reasonable time with sufficient information to enable us to
determine the accuracy and validity of any information supplied by you, or your
identity
5.4.5.
We suspect you have engaged, or are about to
engage, or have in anyway been involved, in fraudulent or illegal activity on
the Website
6.
ELIGIBILITY
TO PURCHASE FROM THE WEBSITE
6.1.
To be eligible to purchase the Products on this
Website and lawfully enter into and form contracts with us, you must:
6.1.1.
Be 18 years of age or over
6.1.2.
Be legally capable of entering into a binding
contract
6.1.3.
Provide full details of an address in the United
Kingdom or the European Economic Area (if you reside in the EEA) for the
performance or delivery of the Products
6.2.
If you are under 18, you may only use the
Website in conjunction with, and under the supervision of, a parent or
guardian. If you do not qualify, you must not use our Website.
7.
PRICE
7.1.
The prices of the Products are quoted on the
Website.
7.2.
Prices quoted for delivery (in the case of
goods) and for performance (in the case of services) are for the United Kingdom
unless otherwise specified.
7.3.
Unless otherwise stated, the prices quoted
exclude VAT (we are not VAT registered) and delivery costs (in the case of
goods). The delivery costs will be added to the total amount due from you at
their current rate. Details of our delivery charges can be located on our
Website.
7.4.
We reserve the right, by giving notice to you at
any time before delivery or performance of our obligations to you, to increase
the price of the Products to reflect any increase in the cost to us due to any
factor beyond our control (such as without limitation, any foreign exchange
fluctuation, significant increase in the costs of labour, materials or other
costs of manufacture). In the unlikely event of this occurring, you shall be
entitled to cancel the order at any time before delivery of the goods and/or we
have commenced providing the services.
8.
PAYMENT
8.1.
Payment can be made by any major credit or debit
card or through an electronic payment account as explained on the order form.
8.2.
By placing an order, you consent to payment
being charged to your debit/credit card account or electronic payment account
as provided on the order form.
8.3.
Payment will be debited and cleared from your
account before the dispatch of the goods or provision of the service to you.
8.4.
When you pay for your order by card, we carry
out certain checks which include obtaining authorisation from your card issuer
to ensure you have adequate funds and for security reasons. This may involve
validating your name, address and other personal information supplied by you
during the order process against appropriate third party databases including
the card issuer, registered credit reference agencies and fraud prevention
agencies.
8.5.
By accepting these Conditions you:
8.5.1.
Undertake that all the details you provide to us
for the purpose of purchasing the Products are correct and that the payment
card you are using is your own and that there are sufficient funds to cover the
cost of the Products ordered
8.5.2.
Undertake that any and all Products ordered by
you are for your own private or domestic use only and not for resale
8.5.3.
Authorise us to transmit the payment and
delivery information provided by you during the order process (included any
updated information) for the purpose of obtaining authorisation from your card
issuer to ensure you have adequate funds, to authenticate your identity, to
validate your payment card and for other security reasons, such as fraud
prevention
8.6.
We shall contact you should any problems occur
with the authorisation of your card.
8.7.
We will take all reasonable care, in so far as
it is in our power to do so, to keep the details of your order and payment
secure, but in the absence of negligence on our part, we cannot be held liable
for any loss you may suffer if a third party procures unauthorised access to
any data you provide when accessing or ordering from our Website.
9.
ORDER
PROCESS AND FORMATION OF A CONTRACT
9.1.
All orders are subject to acceptance and
availability. If any Products ordered are not available, you will be notified
by email and you will have the option either to wait until the item is
available or to cancel your order. It is your responsibility to provide us with
a valid email address so that we can contact you if necessary.
9.2.
Any order placed by you constitutes an offer to
purchase the Products from us. All such offers received from you are subject to
acceptance by us and we reserve the right to refuse any order placed by you at
any time prior to acceptance, without providing an explanation.
9.3.
You shall be responsible for ensuring the
accuracy of the details provided by you during the order process and we will
not accept an order unless all details requested from you have been entered
correctly.
9.4.
You agree that if we contact you to acknowledge
receipt of your order such communication shall not amount to our acceptance of
your offer to purchase the Products ordered by you from the Website.
9.5.
A contract between you and us (the 'Contract')
incorporating these Conditions will only subsist after we have debited your
payment card and have confirmed that we have dispatched the goods and/or shall
be providing the requested service and, where appropriate, have made it
available to be downloaded. We will send you an email to confirm this (a 'Confirmation
Notice'). The Confirmation Notice will amount to an acceptance of your offer to
buy the Products from us. The Contract will only be formed when we send you the
Confirmation Notice (whether or not you receive it).
9.6.
Where we agree to supply Products to you
permanently or on an ongoing (continuous) basis, such as by subscription, they
shall be provided for a minimum fixed period of time (the 'Minimum Duration').
The length of the Minimum Duration will depend on which package or product you
have selected to purchase and is provided on the Website.
9.7.
The Contract will relate only to the Products
stated in the Confirmation Notice. We will not be obliged to supply any other Products
which may have been part of your order until we have sent you a separate Confirmation
Notice relating to it.
9.8.
You must check that the details contained in the
Confirmation Notice are correct and you should print out and keep a copy of it.
9.9.
You will be subject to the version of our
policies and Conditions in force at the time that you order the Products from
us, unless:
9.9.1.
Any change to those policies or these Conditions
is required to be made by law or governmental authority
9.9.2.
We notify you of any change to our policies or
these Conditions before we send you the Confirmation Notice, in which case, we
are entitled to assume that you have accepted it, unless we receive written
notification from you to the contrary within seven working days of receipt of
the Confirmation Notice
9.10.
In some cases, we accept orders as agents on
behalf of third party sellers. The resulting legal contract is between you and
that third party seller, and is subject to the terms and conditions of that
third party seller, which they will advise you of directly. You should
carefully review their terms and conditions applying to the transaction.
10. DELIVERY
10.1.
The Products will be delivered to you at the
address you provided during the order process which must be the address that is
the billing address of your payment card. We may where appropriate and at our
option, deliver all or part of the services, to the email address you supplied
on registration or such other email address that we agree to use to communicate
with you.
10.2.
We employ professional carriers. Nevertheless,
you must examine the goods on arrival. If you are asked for your signature on
delivery, you must examine the goods before signing for it.
10.3.
All goods must be signed for by an adult aged 18
years or over on delivery.
10.4.
Any dates quoted for delivering the goods and/or
completing performance of the service are approximate only. If no date is
specified then it will take place within 30 days or a reasonable time of the
date of the Confirmation Notice, unless there are exceptional
circumstances.
10.5.
We shall not be liable for any delay in delivering
the goods and/or completing performance of the service, however caused.
10.6.
The Products may be sent to you in instalments.
10.7.
For Christmas deliveries, we recommend that you
check our Website for the last date of delivery. We will endeavour to dispatch
all goods that are in stock within 24 hours. However, we cannot guarantee
delivery by 24th December.
11. RISK AND TITLE
11.1.
The goods will be at your risk from the time of
delivery.
11.2.
Ownership of the goods will only pass to you
when we receive full payment of all sums due in respect of them including the
cost of delivery (in the case of goods).
12. CANCELLING YOUR CONTRACT AND RETURNS
12.1.
Cancelling
before receiving a Confirmation Notice
12.1.1.
You may cancel your order for the Products at
any time prior to receiving a Confirmation Notice from us so long as you contact
us in writing. You can send us a cancellation notice by sending an email to
moymoyproductions@gmail.com or a letter to moymoyartist@gmail.com. Your
cancellation notice must quote your name, address, the name or a description of
the Products and your order reference number.
12.2.
Cancellation
after receiving a Confirmation Notice
Goods
12.2.1.
You are entitled to cancel your Contract at any
time prior to receiving the goods so long as you provide us with written notice
or, if you have received the goods, so long as you provide us with written
notice at anytime within 7 working days starting from the day after you
received the goods. You can send your cancellation notice by email to
moymoyproductions@gmail.com or a letter to moymoyartist@gmail.com. Your
cancellation notice must quote your name, address, the name or a description of
the goods and your order reference number.
12.2.2.
Upon receiving your cancellation notice, we will
contact you and provide details of where you must return the goods and other
relevant instructions. You must then immediately return the goods to us at your
own cost and risk. We reserve the right, at our option, to collect the goods
from you. If we wish to collect the goods we will notify you of when they will
be collected by us. We will charge you for the cost of collecting the goods and
will deduct this from any sum owed by us to you.
12.2.3.
The goods must be returned to us in the same
condition in which you received them until such time as the goods are either
collected by us or delivered back to us by you. You must return the goods with
its original packaging and the original invoice. You have a legal obligation to
take reasonable care of the goods whilst they are in your possession. If you
fail to comply with this obligation, we may have a right of action against you
for compensation.
Services (not including ongoing services)
12.2.4.
You are entitled to cancel your Contract and
obtain a refund within 7 working days from the date of the Confirmation Notice.
This also applies, where appropriate and subject to clause 12.4,
to items that are available to be downloaded. However, you will no longer have
a right to cancel if, with your agreement, we have already commenced providing
the services to you before this period of time expires. We shall be deemed to
have already commenced providing the services, in circumstances where you have
already downloaded products or materials that we made available to you, from
the Website.
12.2.5.
You may notify us of your wish to cancel by
sending us a cancellation notice to moymoyproductions@gmail.com or a letter to
moymoyartist@gmail.com. Your cancellation notice must quote your name, address,
the name or a description of the Products and your order reference number.
12.2.6.
Upon receiving your cancellation notice, we will
contact you providing any necessary instructions which you will be required to
follow.
12.2.7.
So long as you have complied with your
obligations under this clause, we will refund the purchase price but not the
cost of delivery (if any) to you by crediting the payment card you used to
purchase the Products.
12.3.
Cancelling
ongoing services
12.3.1.
Some of the services that we provide are
available for an unspecified period of time (such as Gigs, Recordings, Video
Productions, etc). In this clause these services are referred to as 'Ongoing
Non-Fixed Term Services'.
12.3.2.
You are entitled to cancel your Contract for any
Recurrent Non-Fixed Term Services that you have purchased and obtain a refund
within 7 working days from the date of the Confirmation Notice. This also
applies, where appropriate, and subject to clause 12.4,
to items that are available to be downloaded.
12.3.3.
You will still have a right to cancel any
Ongoing Non-Fixed Term Services if we have already commenced providing this
service to you within 7 working days from the date of the Confirmation Notice,
upon giving us 60 weeks' advance notice in writing. You may notify us of your
wish to cancel by sending us a cancellation notice to
moymoyproductions@gmail.com or a letter to moymoyartist@gmail.com. Your
cancellation notice must quote your name, address, the name or a description of
the Products and your order reference number.
12.4.
Exception
to the right to cancel
You will not have a right
to cancel an order for goods and services purchased from us, in the following
situations:
12.4.1.
If you expressly agree to us beginning to
provide any services before the end of the cancellation period.
12.4.2.
The Contract is for goods which are bespoke or
have been personalised or which may deteriorate (such as food)
12.4.3.
The Contract is for goods and/or services the
price of which is dependent on fluctuations in the financial market which
cannot be controlled by us
12.4.4.
The Contract is for the sale of land or
financial services
12.4.5.
The Contract is for the sale of goods and
services by auction
12.4.6.
The Contract is for the supply of:
12.4.6.1.
Audio or video recordings and computer software
if unsealed by you
12.4.6.2.
Audio or video recordings and software and other
items that you have successfully downloaded where a free trial or demonstration
was available to you to view or download
12.4.6.3.
Newspapers, magazines and other periodicals
12.4.6.4.
Gaming, betting and lottery services
12.5.
Damaged,
faulty or wrongly delivered goods
12.5.1.
We will offer you a refund of the full purchase
price, including the cost of delivery for sending the goods to you, and the
cost of returning the goods to us, provided that you return the goods to us and
the conditions set out in paragraph 12.5.2. are met.
We must also be reasonably satisfied that:
12.5.1.1.
the goods have not suffered damage after
delivery;
12.5.1.2.
the goods have not been misused or used other
than in accordance with the instructions; and
12.5.1.3.
the problem is not due
to normal wear and tear.
12.5.2.
In addition to the requirements of paragraph
12.5.1, the goods in terms of which you are claiming a refund must have:
12.5.2.1.
been damaged on delivery;
12.5.2.2.
been delivered in a faulty condition;
12.5.2.3.
have been delivered to
you in error.
12.5.3.
Alternatively, at your option, instead of a
refund (and subject to returning the goods as required under this clause) we
will replace the goods with the same or a similar product (subject to stock
availability).
12.5.4.
Sometimes the product specifications from the
manufacturer may change, in which case, if you request a replacement, we will
do our best to offer you a substitute of the same or better quality at the same
price. If you are not happy with the replacement, you can return the goods to
us.
12.5.5.
In order to claim a refund or replacement item
please send us a cancellation notice as soon as you become aware of a problem
and no later than 3 working days after receipt or the fault developing by email
to moymoyproductions@gmail.com or a letter to moymoyartist@gmail.com. Your
cancellation notice must quote your name, address, the name or a description of
the goods, a brief description of the problem, fault or damage and your order
reference number.
12.5.6.
Upon receiving your cancellation notice, we will
contact you and provide details of where you must return the goods and other
relevant instructions. You must then immediately return the goods to us. We
reserve the right, at our option, to collect the goods from you. If we wish to
collect the goods we will notify you of when they will be collected by us.
12.6.
Incorrectly
priced or described Products
12.6.1.
Whilst we try and ensure that all the
information on our Website is accurate, errors may occur. In the unlikely event
that the price and/or description of an item listed on the Website has been
incorrectly advertised, we will not be under any obligation to sell or provide
those Products to you.
12.6.2.
If we discover the error before sending you a
Confirmation Notice we will at our discretion, either reject your order and
notify you of such rejection, or inform you as soon as possible and give you
the option of cancelling your order or reconfirming it at the correct price
and/or description. If we give you the option of cancelling your order or
reconfirming it at the correct price and/or description but either cannot
contact you or do not receive your response within 14 days of sending you
notification (whether or not you receive it), we will reject your order.
12.6.3.
If we discover the error after sending you a
Confirmation Notice we may, at our discretion and without incurring any
liability to you, cancel the Contract provided that the error is, in our
reasonable opinion, obvious and unmistakable and could have reasonably been
recognised by you. We will notify if we cancel the Contract.
12.6.4.
If your order is cancelled or rejected and you
have already paid for the Products, you will receive a full refund in
accordance with clause 12.8
12.7.
Delivery
by instalments
12.7.1.
The Products may be sent to you in instalments.
You may cancel the outstanding part of your order and receive a refund, if you
have already paid, of the purchase price of the outstanding Products in
accordance with clause 12.8
12.8.
Processing
refunds
Goods
12.8.1.
We will examine any returned goods and will
notify you about your refund or replacement item via email within a reasonable
period of time. We will usually process a refund or delivery of a replacement
item as soon as possible and, in any case, within 30 days of the day we
confirmed to you via email that you are entitled to it. Refunds will be made by
crediting the payment card or electronic payment account you used to purchase
the goods.
12.8.2.
We reserve the right to refuse to issue a refund
or replacement and to recover the cost of returning or collecting the goods in
the event that the goods are found to have suffered damage after delivery or
have been misused or used other than in accordance with the instructions or if
the problem is due to normal wear and tear or if the goods have not been
returned with its original packaging. This does not affect your statutory
rights.
Services
12.8.3.
We will notify you about your refund via email
within a reasonable period of time. We will usually process a refund as soon as
possible and, in any case, within 30 days of the day we confirmed to you via
email that you are entitled to a refund. Refunds will be made by crediting the
payment card or electronic payment account you used to purchase the services.
13. COMPLAINTS
13.1.
If you have a comment, concern or complaint
about any Products you have purchased from us, please contact us via email at moymoyproductions@gmail.com
or by post at moymoyartist@gmail.com.
14. INTELLECTUAL PROPERTY
14.1.
The content of the Website is protected by
copyright (including design copyrights), trade marks, patent, database and
other intellectual property rights and similar proprietary rights which
include, (without limitation), all rights in materials, works, techniques,
computer programs, source codes, data, technical information, trading business
brand names, goodwill, service marks utility models, semi-conductor topography
rights, the style or presentation of the goods or services, creations, inventions
or improvements upon or additions to an invention, confidential information,
know-how and any research effort relating to MoyMoy Artist Productions Limited moral
rights and any similar rights in any country (whether registered or
unregistered and including applications for and the right to apply for them in
any part of the world) and you acknowledge that the intellectual property
rights in the material and content supplied as part of the Website shall remain
with us or our licensors.
14.2.
You may download or copy the content and other
downloadable items displayed on the Website subject to the condition that the
material may only be used for personal non-commercial purposes. Copying or
storing the contents of the Website for other than personal use is expressly
prohibited.
14.3.
You may retrieve and display the content of the
Website on a computer screen, store such content in electronic form on disk
(but not any server or other storage device connected to a network) or print
one copy of such content for your own personal, non-commercial use, provided
you keep intact all and any copyright and proprietary notices. You may not
otherwise reproduce, modify, copy or distribute or use for commercial purposes
any of the materials or content on the Website.
14.4.
You acknowledge that any other use of the
material and content of this Website is strictly prohibited and you agree not
to (and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create derivative
works from such material and content.
14.5.
No licence is granted to you in these Conditions
to use any of our trade marks or those of our affiliated companies.
14.6.
Products sold by us and Website content may be
subject to copyright, trade mark or other intellectual property rights in
favour of third parties. We acknowledge those rights.
15. WEBSITE USE
15.1.
You are permitted to use the Website and the
material contained in it only as expressly authorised by us under our terms of
use.
16. LIABILITY AND INDEMNITY
16.1.
Notwithstanding any other provision in the
Conditions, nothing will affect or limit your statutory rights; or will exclude
or limit our liability for:
16.1.1.
Death or personal injury resulting from our
negligence
16.1.2.
Fraud or fraudulent misrepresentation
16.1.3.
Action pursuant to section 2(3) of the Consumer
Protection Act 1987
16.1.4.
Any matter for which it would be unlawful for us
to exclude or attempt to exclude our liability
16.2.
The Website is provided on an 'as is' and 'as
available' basis without any representation or endorsement made and we make no
warranties or guarantees, whether express or implied, statutory or otherwise
(unless otherwise expressly stated in these Conditions or required by law) in
relation to the information, materials, content or services found or offered on
the Website for any particular purpose or any transaction that may be conducted
on or through the Website including but not limited to, implied warranties of
non-infringement, compatibility, timeliness, performance, security, accuracy,
condition or completeness, or any implied warranty arising from course of
dealing or usage or trade custom.
16.3.
We will not be liable if the Website is
unavailable at any time.
16.4.
We make no representation or warranty of any
kind express or implied statutory or otherwise regarding the availability of
the Website or that it will be timely or error-free, that defects will be
corrected, or that the Website or the server that makes it available are free
of viruses or bugs.
16.5.
We will not be responsible or liable to you for
any loss of content or material uploaded or transmitted through the Website and
we accept no liability of any kind for any loss or damage resulting from action
taken in reliance on material or information contained on the Website.
16.6.
We cannot guarantee and cannot be responsible
for the security or privacy of the Website and any information provided by you.
You must bear the risk associated with the use of the internet. In particular,
we will not be liable for any damage or loss caused by a distributed
denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke
loggers, spyware, adware or other material which is malicious or
technologically harmful that may infect your computer, peripheral computer
equipment, computer programs, data or other proprietary material as a result of
your use of the Website or you downloading any material posted or sold on the
Website or from any website linked to it.
16.7.
We will use all reasonable endeavours to carry
out our obligations within a reasonable period of time but will not be liable
to you for any loss, costs or expenses arising directly or indirectly from any
delays in doing so.
16.8.
We will not be liable, in contract or tort
(including, without limitation, negligence), or in respect of pre-contract or
other representations (other than fraudulent misrepresentations) or otherwise
for:
16.8.1.
any economic losses (including without
limitation loss of revenues, profits, contracts, business or anticipated
savings and any other consequential loss); or
16.8.2.
any loss of goodwill or reputation; or
16.8.3.
any special or indirect losses; or
16.8.4.
any loss of data; or
16.8.5.
wasted management or office time; or
16.8.6.
any other loss or damage of any kind suffered or
incurred arising out of or in connection with the provision of any matter under
these Conditions and/or the Contract and/or the use of this Website or any
aspect related to your purchase of the Products even if such losses are
foreseeable or result from a deliberate breach of these Conditions by us that
would entitle you to terminate the Contract between us or as a result of any action
we have taken in response to your breach of these Conditions. Without prejudice
to the terms of this clause and in the event that we are unable to rely upon
it, our liability for all and any losses you suffer as a result of us breaking
the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the
Products you purchased.
16.9.
If you buy any goods or services from a third
party seller through our Website, the seller's individual liability will be set
out in their own terms and conditions.
16.10.
You agree to fully indemnify, defend and hold
us, and our officers, directors, employees and suppliers, harmless immediately
on demand, from and against all claims, including but not limited to losses
(including loss of profit, revenue, goodwill or reputation), costs and
expenses, including reasonable administrative and legal costs, arising out of
any breach of these Conditions by you, or any other liabilities arising out of
your use of this Website or any other person accessing the Website using your
personal information with your authority.
16.11.
This clause does not affect your statutory
rights as a consumer, nor does it affect your contractual cancellation rights.
17. REVIEWS
17.1.
You acknowledge that any review, feedback or
rating which you leave may be published by us on the Website and you agree that
it may be displayed for as long as we consider appropriate and that the content
may be syndicated to our other websites, publications or marketing materials.
17.2.
You undertake that any review, feedback or
rating that you write shall:
17.2.1.
Comply with applicable law in the UK and the law
in any country from which they are posted
17.2.2.
Be factually accurate
17.2.3.
Contain genuinely held opinions (where
applicable)
17.2.4.
Not contain any material which is either
defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or
is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of,
any person or be deceiving
17.2.5.
Not promote or advocate an unlawful act or
activity, discrimination, sexually explicit material or violence
17.2.6.
Not infringe any trademark, copyright (including
design rights), database right, or other intellectual property rights of any
other person or breach of any legal duty you owe to a third party
17.2.7.
Not be used to impersonate any person, or to
misrepresent your identity
17.3.
You agree to indemnify and hold us harmless
against any claim or action brought by third parties, arising out of or in
connection with any review, feedback or rating posted by you on the Website,
including, without limitation, the violation of their privacy, defamatory
statements or infringement of intellectual property rights.
17.4.
You grant us and our affiliate companies a
non-exclusive, royalty-free worldwide license to use or edit any reviews posted
by you.
17.5.
We reserve the right to publish, edit or remove
any reviews without notifying you.
18. FORCE MAJEURE
18.1.
We shall have no liability for delays or
failures in delivery or performance of our obligations to you resulting from
any act, events, omissions, failures or accidents that are outside of our
control ('Force Majeure'), which, without limitation, include:
18.1.1.
Strikes, lock-outs or other industrial action
18.1.2.
Shortages of labour, fuel, power, raw materials
18.1.3.
Late, defective performance or non-performance
by suppliers
18.1.4.
Private or public telecommunication, computer
network failures or breakdown of equipment
18.1.5.
Civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat
or preparation for war.
18.1.6.
Fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster or extreme weather conditions.
18.1.7.
Impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or private transport.
18.1.8.
Acts, decrees, legislation, regulations or
restrictions of any government
18.1.9.
Other causes, beyond our reasonable control
18.2.
Our performance will be deemed to be suspended
for the period that the event of Force Majeure continues, and we will have an
extension of time for performance for the duration of that period. We will use
our reasonable endeavours to minimise any delay caused by Force Majeure or to
find a solution by which our obligations may be performed despite the Force
Majeure event. We shall promptly notify you of any Force Majeure event giving
details of it and (where possible) the extent and likely duration of any delay.
18.3.
Where the period of non-performance or delay in
relation to any event of Force Majeure exceeds 30 days from the date of notice
to you of the event of Force Majeure, either you or us may, by written notice
to the other, terminate the Contract with immediate effect upon service.
19. PRIVACY POLICY
19.1.
In order to monitor and improve customer service,
we sometimes record telephone calls.
19.2.
We shall be entitled to process your data in
accordance with the terms of our Privacy Policy. Please view this document for
further information. All information provided by you will be treated securely
and in accordance with the Data Protection Act 1998 (as amended).
19.3.
You can find full details of our Privacy Policy
on the Website.
20. THIRD PARTY RIGHTS
20.1.
Except for our affiliates, directors, employees
or representatives, a person who is not a party to the Contract has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
the Contract but this does not affect any right or remedy of a third party that
exists or is available apart from that Act.
21. EXTERNAL LINKS
21.1.
To provide increased value and convenience to
our users, we may provide links to other websites or resources for you to
access at your sole discretion and risk. You acknowledge and agree that, as you
have chosen to enter the linked website we are not responsible for the
availability of such external sites or resources, and do not review or endorse
and are not responsible or liable in any way, whether directly or indirectly,
for:
21.1.1.
The privacy practices of such websites
21.1.2.
The content of such websites, including (without
limitation) any advertising, content, products, goods or other materials or
services on or available from such websites or resources
21.1.3.
The use which others make of these websites; or
21.1.4.
Any damage, loss or offence caused or alleged to
be caused to you, arising from or in connection with the use of or reliance
upon any such advertising, content, products, goods, materials or services
available on and/or purchased by you from such external websites or resources
22. LINKING TO THE WEBSITE
22.1.
You must not create a link to the Website from
another website, document or any other source without first obtaining our prior
written consent.
22.2.
Any agreed link must be:
22.2.1.
To the Website's homepage
22.2.2.
Established from a website or document that is
owned by you and does not contain content that is offensive, controversial,
infringes any intellectual property rights or other rights of any other person
or does not comply in any way with the law in the UK and the law in any country
from which they are hosted
22.2.3.
Provided in such a way that is fair and legal
and does not damage our reputation or take advantage of it
22.2.4.
Established in such a way that does not suggest
any form of association, approval or endorsement on our part where none exists
22.3.
We have no obligation to inform you if the
address of the Website home page changes and it is your responsibility to
ensure that any link you provide to our homepage is at all times accurate.
22.4.
We reserve the right to withdraw our consent
without notice and without providing any reasons for withdrawal. Upon receiving
such notice you must immediately remove the link and inform us once this has
been done.
23. NOTICES
23.1.
All notices given by you to us must be given to
us at moymoyartist@gmail.com or by using moymoyproductions@gmail.com. We may
give notice as described in clause 3
23.2.
Notice will be deemed received and properly
served immediately when posted on our Website, 24 hours after an email 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 email, that such email was sent to the
specified email address of the addressee.
24. ENTIRE AGREEMENT
24.1.
The Contract represents the entire agreement
between us in relation to the subject matter of the Contract and supersede any
prior agreement, understanding or arrangement between us, whether oral or in
writing.
24.2.
We each acknowledge that, in entering into a
Contract, neither of us has relied on any express or implied representation,
undertaking or promise given by the other from anything said or written in any
negotiations between us prior to such Contract except as has been expressly
incorporated in such Contract.
24.3.
Neither of us shall have any remedy in respect
of any untrue statement made by the other, whether orally or in writing, prior
to the date of any Contract (unless such untrue statement was made
fraudulently) and the other party's only remedy shall be for breach of contract
as provided in these Conditions.
25. GENERAL
25.1.
We reserve the right to change the domain
address of this Website and any services, products, product prices, product
specifications and availability at any time.
25.2.
All prices and descriptions supersede all
previous publications. All product descriptions are approximate.
25.3.
Every effort is made to keep information
regarding stock availability on the Website up to date. However, we do not
guarantee that this is the case, or that stock will always be available.
25.4.
If any provision of these terms and conditions
is held by any competent authority to be invalid or unenforceable in whole or
in part, the validity of the other provisions of the Contract and the remainder
of the provision in question will not be affected.
25.5.
All Contracts are concluded and available in
English only.
25.6.
If we fail, at any time during the term of a
Contract, to insist upon strict performance of any of your obligations under it
or any of these terms and conditions, or if we fail to exercise any of the
rights or remedies to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve you from
compliance with your obligations.
25.7.
A waiver by us of any default shall not
constitute a waiver of any subsequent default.
25.8.
No waiver by us of any of these Conditions or of
any other term of a Contract shall be effective unless it is expressly stated
to be a waiver and is communicated to you in writing in accordance with clause 3
25.9.
Any Contract between you and us is binding on
you and us and on our respective successors and assigns. You may not transfer,
assign, charge or otherwise dispose of the Contract, or any of your rights or
obligations arising under it, without our prior written consent. We may
transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or
any of our rights or obligations arising under it, at any time during the term
of the Contract.
26. GOVERNING LAW AND JURISDICTION
26.1.
The Website is controlled and operated in the
United Kingdom.
26.2.
Every purchase you make shall be deemed
performed in England and Wales.
26.3.
The Conditions and any Contract brought into
being as a result of usage of this Website will be governed by the laws of
England and Wales and you irrevocably agree to submit to the exclusive
jurisdiction of the courts of England and Wales.
Please read these terms and conditions carefully as they contain
important information about your rights and obligations when using this website
(the 'Website') and in particular clause 11.4
The Website is owned and
operated by MoyMoy Artist Productions Limited ('we'/'us'/'our'), a limited
company registered in England and Wales under company number: 07777099 having
our registered office at 3RD FLOOR 207 REGENT STREET LONDON ENGLAND W1B 3HH .
The term 'you' refers to
the user or viewer of our Website.
By browsing on or using
the Website you are agreeing to comply with and be bound by these terms and conditions
which, together with our privacy policy, governs our relationship with you
regarding the use of our Website.
1.
ACCESS
1.1.
You will be able to access parts of the Website
without having to register any details with us. However, from time to time
certain areas of this Website may be accessible only if you are a registered
user.
1.2.
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.
1.3.
We make reasonable efforts to ensure that this
Website is available to view and use 24 hours a day throughout each year
however, this is not guaranteed. The Website may be temporarily unavailable at
anytime because of: server or systems failure or other technical issues;
reasons that are beyond our control; required updating, maintenance or repair.
1.4.
Where possible we will try to give you advance
warning of maintenance issues but shall not be obliged to do so.
2.
REGISTERING
ON THIS WEBSITE
2.1.
When registering on the Website you must choose
a username and password. You are responsible for all actions taken under your
chosen username and password.
2.2.
By registering on the Website you undertake:
2.2.1.
That all the details you provide to us for the
purpose of registering on the Website are true, accurate, current and complete
in all respects
2.2.2.
You will notify us immediately of any changes to
the information provided on registration
2.2.3.
You are over 18 or if under 18 you have a parent
or guardian's permission to register with the Website in conjunction with and
under their supervision
2.2.4.
To only use the Website using your own username
and password
2.2.5.
To make every effort to keep your password safe
2.2.6.
Not to disclose your password to anyone
2.2.7.
To change your password immediately upon
discovering that it has been compromised
2.2.8.
To neither transfer or sell your username or
password to anyone, nor permit, either directly or indirectly, anyone other
than you to use them
2.3.
You authorise us to transmit your name, address
and other personal information supplied by you (included updated information)
to obtain information from third parties about you, including, but not limited
to, credit reports and so that we may authenticate your identity.
3.
ELIGIBILITY
TO PURCHASE FROM THE WEBSITE
3.1.
To be eligible to purchase the Products on this
Website and lawfully enter into and form contracts with us, you must:
3.1.1.
Be 18 years of age or over
3.1.2.
Be legally capable of entering into a binding
contract
3.1.3.
Provide full details of an address in the United
Kingdom or the European Economic Area (if you reside in the EEA) for the
performance or delivery of the Products
3.2.
If you are under 18, you may only use the
Website in conjunction with, and under the supervision of, a parent or
guardian. If you do not qualify, you must not use our Website.
4.
INTELLECTUAL
PROPERTY
4.1.
The content of the Website is protected by
copyright (including design copyrights), trade marks, patent, database and
other intellectual property rights and similar proprietary rights which
include, (without limitation), all rights in materials, works, techniques,
computer programs, source codes, data, technical information, trading business
brand names, goodwill, service marks utility models, semi-conductor topography
rights, the style or presentation of the goods or services, creations,
inventions or improvements upon or additions to an invention, confidential
information, know-how and any research effort relating to MoyMoy Artist
Productions Limited moral rights and any similar rights in any country (whether
registered or unregistered and including applications for and the right to
apply for them in any part of the world).
4.2.
You acknowledge that the intellectual property
rights in the material and content supplied as part of the Website shall remain
with us or our licensors.
4.3.
You may download or copy the content and other
downloadable items displayed on the Website subject to the condition that the
material may only be used for personal non-commercial purposes. Copying or
storing the contents of the Website for other than personal use is expressly
prohibited.
4.4.
You may retrieve and display the content of the
Website on a computer screen, store such content in electronic form on disk
(but not any server or other storage device connected to a network) or print
one copy of such content for your own personal, non-commercial use, provided
you keep intact all and any copyright and proprietary notices.
4.5.
You may not otherwise reproduce, modify, copy or
distribute or use for commercial purposes any of the materials or content on
the Website.
4.6.
You acknowledge that any other use of the
material and content of this Website is strictly prohibited and you agree not
to (and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create
derivative works from such material and content.
4.7.
No licence is granted to you to use any of our
trade marks or those of our affiliated companies.
5.
DISCLAIMER
5.1.
It shall be your responsibility to ensure that
any products, services or information available through the Website meet your
specific requirements.
5.2.
We will not be liable to you if the Website is
unavailable at any time.
5.3.
We attempt to ensure that the information available
on the Website at any time is accurate. However, we do not guarantee the
accuracy or completeness of material on this Website. We use all reasonable
endeavours to correct errors and omissions as quickly as practicable after
becoming aware or being notified of them. We make no commitment to ensure that
such material is correct or up to date.
5.4.
All drawings, images, descriptive matter and
specifications on the Website are for the sole purpose of giving an approximate
description for your general information only and should be used only as a
guide.
5.5.
Any prices and offers are only valid at the time
they are published on the Website.
5.6.
All prices and descriptions supersede all
previous publications.
5.7.
Every effort is made to keep information
regarding stock availability on the Website up to date. However, we do not
guarantee that this is the case, or that stock will always be available.
5.8.
The Website is provided on an 'as is' and 'as
available' basis without any representation or endorsement made and we make no
warranties or guarantees, whether express or implied, statutory or otherwise
(unless otherwise expressly stated in these terms and conditions or required by
law) in relation to the information, materials, content or services found or
offered on the Website for any particular purpose or any transaction that may
be conducted on or through the Website including but not limited to, implied
warranties of non-infringement, compatibility, timeliness, performance,
security, accuracy, condition or completeness, or any implied warranty arising
from course of dealing or usage or trade custom.
5.9.
We make no representation or warranty of any
kind express or implied statutory or otherwise regarding the availability of
the Website or that it will be timely or error-free, that defects will be
corrected, or that the Website or the server that makes it available are free
of viruses or bugs.
5.10.
We will not be responsible or liable to you for
any loss of content or material uploaded or transmitted through the Website and
we accept no liability of any kind for any loss or damage from action taken in
reliance on material or information contained on the Website.
5.11.
We cannot guarantee and cannot be responsible
for the security or privacy of the Website and any information provided by you.
5.12.
You must bear the risk associated with the use
of the internet. In particular, we will not be liable for any damage or loss
caused by a distributed denial-of-service attack, any viruses trojans, worms,
logic bombs, keystroke loggers, spyware, adware or other material which is
malicious or technologically harmful that may infect your computer, peripheral
computer equipment, computer programs, data or other proprietary material as a
result of your use of the Website or you downloading any material posted or sold
on the Website or from any website linked to it.
5.13.
We reserve the right to disclose such
information to law enforcement authorities as we reasonably feel is necessary
should you breach this agreement.
6.
USE OF
THE WEBSITE
6.1.
You are permitted to use the Website and the
material contained in it only as expressly authorised by us and in accordance
with these terms and conditions, as may be amended from time to time without
notice to you.
6.2.
We provide access and use of the Website on the
basis that we exclude all representations, warranties and conditions to the
maximum extent permitted by law.
6.3.
We reserve the right to:
6.3.1.
Make changes to the information or materials on
this Website at any time and without notice to you.
6.3.2.
Temporarily or permanently change, suspend or discontinue
any aspect of the Website, including the availability of any features,
information, database or content or restrict access to parts of or the entire
Website without notice or liability to you or any third party.
6.3.3.
Refuse to post material on the Website or to
remove material already posted on the Website
6.4.
You may not use the Website for any of the
following purposes:
6.4.1.
Disseminating any unlawful, harassing,
libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise
objectionable material
6.4.2.
Transmitting material that encourages conduct
that constitutes a criminal offence, results in civil liability or otherwise
6.4.3.
Breaching any applicable local, national or
international laws, regulations or code of practice
6.4.4.
Gaining unauthorised access to other computer
systems
6.4.5.
Interfering with any other person's use or
enjoyment of the Website
6.4.6.
Breaching any laws concerning the use of public
telecommunications networks
6.4.7.
Interfering with, disrupting or damaging
networks or websites connected to the Website
6.4.8.
Utilisation of 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 the Website
6.4.9.
To transmit, or procure the sending of, any
unsolicited or unauthorised advertising or promotional material or any other
form of similar solicitation
6.4.10.
To create and/or publish your own database that
features all or substantial parts of the Website
6.4.11.
Making, transmitting or storing electronic
copies of materials protected by copyright without the prior permission of the
owner
6.5.
In addition, you must not:
6.5.1.
Knowingly introduce viruses, trojans, worms,
logic bombs, keystroke loggers, spyware, adware or other material which is
malicious or technologically harmful to the Website
6.5.2.
Attempt to gain unauthorised access to the
Website, the server on which the Website is stored or any server, computer or
database connected to it
6.5.3.
Attack the Website via a denial-of-service
attack or a distributed denial-of service attack
6.5.4.
Damage or disrupt any part of the Website, any
equipment or network on which the Website is stored or any software used for
the provision of the Website
6.6.
A breach of this clause may be a criminal
offence under the Computer Misuse Act 1990. We may report any such breach to
the relevant law enforcement authorities and disclose your identity to them. In
the event of such a breach, your right to use the Website will cease
immediately.
7.
SUSPENDING
OR TERMINATING YOUR ACCESS
7.1.
We reserve the right to terminate or suspend
your access to the Website immediately and without notice to you if:
7.1.1.
You fail to make any payment to us when due
7.1.2.
You breach the terms of these terms and
conditions (repeatedly or otherwise)
7.1.3.
You are impersonating any other person or entity
7.1.4.
When requested by us to do so, you fail to
provide us within a reasonable time with sufficient information to enable us to
determine the accuracy and validity of any information supplied by you, or your
identity
7.1.5.
We suspect you have engaged, or about to engage,
or have in anyway been involved, in fraudulent or illegal activity on the
Website
8.
REVIEWS
8.1.
You acknowledge that any review, feedback or
rating which you leave may be published by us on the Website and you agree that
it may be displayed for as long as we consider appropriate and that the content
may be syndicated to our other websites, publications or marketing materials.
8.2.
You undertake that any review, feedback or
rating that you write shall:
8.2.1.
Comply with applicable law in the UK and the law
in any country from which they are posted
8.2.2.
Be factually accurate
8.2.3.
Contain genuinely held opinions (where
applicable)
8.2.4.
Not contain any material which is either
defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or
is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of,
any person or be deceiving
8.2.5.
Not promote or advocate an unlawful act or
activity, discrimination, sexually explicit material or violence
8.2.6.
Not infringe any trademark, copyright (including
design rights), database right, or other intellectual property rights of any
other person or breach any legal duty you owe to a third party
8.2.7.
Not be used to impersonate any person, or to
misrepresent your identity
8.3.
You agree to indemnify and hold us harmless
against any claim or action brought by third parties, arising out of or in
connection with any review, feedback or rating posted by you on the Website,
including, without limitation, the violation of their privacy, defamatory
statements or infringement of intellectual property rights.
8.4.
You grant us and our affiliate companies a
non-exclusive, royalty-free worldwide license to use or edit any reviews posted
by you.
8.5.
We reserve the right to publish, edit or remove
any reviews without notifying you.
9.
LINKING
TO THE WEBSITE
9.1.
You must not create a link to the Website from
another website, document or any other source without first obtaining our prior
written consent.
9.2.
Any agreed link must be:
9.2.1.
To the Website's homepage
9.2.2.
Established from a website or document that is
owned by you and does not contain content that is offensive, controversial,
infringes any intellectual property rights or other rights of any other person
or does not comply in any way with the law in the UK and the law in any country
from which they are hosted
9.2.3.
Provided in such a way that is fair and legal
and does not damage our reputation or take advantage of it
9.2.4.
Established in such a way that does not suggest
any form of association, approval or endorsement on our part where none exists
9.3.
We have no obligation to inform you if the
address of the Website home page changes and it is your responsibility to
ensure that any link you provide to our homepage is at all times accurate.
9.4.
We reserve the right to withdraw our consent
without notice and without providing any reasons for withdrawal. Upon receiving
such notice you must immediately remove the link and inform us once this has
been done.
10. EXTERNAL LINKS
10.1.
To provide increased value and convenience to
our users, we may provide links to other websites or resources for you to
access at your sole discretion and risk. You acknowledge and agree that, as you
have chosen to enter the linked website we are not responsible for the
availability of such external sites or resources, and do not review or endorse
and are not responsible or liable in any way, whether directly or indirectly, for:
10.1.1.
The privacy practices of such websites
10.1.2.
The content of such websites, including (without
limitation) any advertising, content, products, goods or other materials or
services on or available from such websites or resources
10.1.3.
The use which others make of these websites
10.1.4.
Any damage, loss or offence caused or alleged to
be caused to you, arising from or in connection with the use of or reliance
upon any such advertising, content, products, goods, materials or services
available on and/or purchased by you from such external websites or resources.
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1.
Notwithstanding any other provision in these
terms and conditions, nothing will affect or limit your statutory rights; or
will exclude or limit our liability for:
11.1.1.
Death or personal injury resulting from our
negligence
11.1.2.
Fraud or fraudulent misrepresentation
11.1.3.
Action pursuant to section 2(3) of the Consumer
Protection Act 1987
11.1.4.
Any matter for which it would be unlawful for us
to exclude or attempt to exclude our liability
11.2.
We will not be liable, in contract or tort
(including, without limitation, negligence), or in respect of pre-contract or
other representations (other than fraudulent or negligent misrepresentations)
or otherwise for the below mentioned losses which you have suffered or incurred
arising out of or in connection with the provision of any matter in these terms
and conditions even if such losses are forseeable or result from a deliberate
breach by us or as a result of any action we have taken in response to your
breach:
11.2.1.
Any economic losses (including without
limitation loss of revenues, profits, contracts, business or anticipated
savings)
11.2.2.
Any loss of goodwill or reputation; or
11.2.3.
Any special or indirect losses; or
11.2.4.
Any loss of data
11.2.5.
Wasted management or office time
11.2.6.
Any other loss or damage of any kind
11.3.
If you buy any goods or services from a third
party seller through our Website, the seller's individual liability will be set
out in their own terms and conditions.
11.4.
You agree to fully indemnify, defend and hold
us, and our officers, directors, employees and suppliers, harmless immediately
on demand, from and against all claims, including but not limited to losses
(including loss of profit, revenue, goodwill or reputation), costs and
expenses, including reasonable administrative and legal costs, arising out of
any breach of these terms and conditions by you, or any other liabilities
arising out of your use of this Website or any other person accessing the
Website using your personal information with your authority.
11.5.
This clause does not affect your statutory
rights as a consumer.
12. GENERAL
12.1.
We reserve the right to change the domain
address of this Website and any services, products, product prices, product
specifications and availability at any time.
12.2.
If any provision of these terms and conditions
is held by any competent authority to be invalid or unenforceable in whole or
in part, the validity of the other provisions in these terms and conditions and
the remainder of the provision in question will not be affected.
12.3.
All Contracts are concluded and available in
English only.
12.4.
If we fail, at any time to insist upon strict
performance of any of your obligations under these terms and conditions, or if
we fail to exercise any of the rights or remedies to which we are entitled
under these terms and conditions, it shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with your
obligations.
12.5.
A waiver by us of any default shall not
constitute a waiver of any subsequent default.
12.6.
No waiver by us of any of these terms and
conditions shall be effective unless it is expressly stated to be a waiver and
is communicated to you in writing.
13. GOVERNING LAW AND JURISDICTION
13.1.
The Website is controlled and operated in the
United Kingdom.
13.2.
These terms and conditions will be governed by
the laws of England and Wales and you irrevocably agree to submit to the
exclusive jurisdiction of the courts of England and Wales.