By Using Our Site, You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site.
These Terms and Conditions were last updated on 1 March 2021.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, We advise that you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
1. Definitions and Interpretation
In these Terms and Conditions, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“Contract” means a contract for the purchase and sale of Services or Goods, as explained in Part 17;
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat, as appropriate;
“Goods” means the goods sold by Us through Our Site;
“Services” Means the services sold by us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means One Hand Cant Clap Limited, a private limited company registered in England and Wales under company number 4729934, whose registered address is 37a Leyton Park Road, Leyton, London, England, E10 5RJ.
2. How to Contact Us To contact Us with general questions, complaints, services or goods ordered, please email Us at onehandcantclap.co.uk or telephone Us on (0)208 004 8550.
3. Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make the arrangements necessary in order to access Our Site.
Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
4. Changes to Our Site We may alter and update Our Site (or any part of it) at any time, in order to add new content, update plug-ins, or to re-brand.
5. Changes to Terms and Conditions
We may alter the Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
We may alter the Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
6. How You May Use Our Site and Content (Intellectual Property Rights)
All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
You may print one copy and download extracts of any page(s) from Our Site for personal use only.
You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
You may not use any Content (saved or downloaded) from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
7. Links to Our Site
You may link to any page on Our Site.
Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.
You must not frame or embed Our Site on another website without Our express written permission.
You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
8. Links to Other Sites
Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
10. Our Liability
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
If you are a consumer and digital content from Our Site damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We may either compensate you or repair the damage, following an internal investigation of the issue.
11. Viruses, Malware, and Security
We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
By breaching the provisions of Parts 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage of Our Site
1. You may only use Our Site in a lawful manner:
You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
2. If you fail to comply with the provisions of this Part 12, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
Suspend or terminate your right to use Our Site;
Issue you with a written warning;
Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
Take further legal action against you, as appropriate;
Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
Any other actions which We deem reasonably appropriate (and lawful).
3. We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 12.2) in response to your breach.
14. Communications from Us
If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 15 working days for your request to take effect and you may continue to receive emails during that time.
For questions or complaints about communications from Us, please contact Us using the details above in Part 2.
15. Goods, Descriptions, and Changes
We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; and
If you receive Goods that are not as described, please refer to Part 21.
2. Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
3. More significant changes may also be made to the Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed.
All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, we treat your Order as cancelled and inform you of the cancellation in writing.
If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process.
17. Orders and How Contracts Are Formed
Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable. If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you. If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result. We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
Order Confirmations contain the following information:
Your Order Number;
Confirmation of the Goods ordered including details of their main characteristics;
Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
Estimated delivery date(s)
5. We will also include a paper copy of your Order Confirmation with your Goods. 6. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
7. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded. We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
We accept payment via PayPal services.
If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
19. When You Own the Goods 19.1. Ownership of the Goods passes to you once We have received payment in full of all sums due.
All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
We have refused to deliver the Goods;
In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
7. If you do not wish to cancel under Part 20.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
8. You may cancel all or part of your Order under Parts 20.7 or 20.8 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.
If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 2 for a return label or to arrange collection.
9. Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.
10. As explained in Part 17.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
21. Faulty, Damaged, or Incorrect Goods
This Part 21 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the UK Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.
If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
3. Please note that you will not be eligible to claim under this Part 21 if:
We informed you of the problem(s) with the Goods before you purchased them, or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or
The problem(s) is/are the result of normal wear and tear; or
You have changed your mind (please refer to Part 23).
4. If there is a problem with the Goods, please contact Us using the details provided above in Part 2.
5. If you exercise your legal right to reject the Goods, you must return them to Us.
6. To return Goods to Us for any reason under this Part 21, please post them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 2 for a return label or to arrange collection.
22. Your Rights to Cancel and End the Contract
If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 21, above, for more information.
If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 23, below, for more information.
If you wish to end the Contract because of something We have done or are going to do, please refer to Part 24, below, for more information.
23. Cancelling and Ending the Contract if You Change Your Mind
If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
2. If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 2.
3. Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
4. Please note that this right to cancel may not apply in the following circumstances:
If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
If the Goods are likely to deteriorate quickly, for example, flowers or food;
If the Goods have been personalised or custom-made for you;
If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
24. Cancelling and Ending the Contract Because of Something We Have Done or Will Do
You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.2);
We have informed you about an upcoming change to the Goods that you do not agree to (see Part 15);
We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 20.3);
You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 20.7 or 20.8 apply).
2. If you cancel and end the Contract for any of the reasons set out in this Part 24, the Contract will end immediately, and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.
3. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience. Our contact details are provided above in Part 2.
25. Returning Goods After Cancelling and Ending the Contract
Subject to your right to partially cancel your Order under Part 20.9, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
If you are exercising your right to change your mind under the cooling-off period as set out in Part 23, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
We will cover the costs of returning the Goods to Us in the following circumstances:
The Goods are faulty or misdescribed;
You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
You are cancelling and ending the Contract because We have made an error in the price or description;
You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
You are exercising your right to change your mind under the cooling-off period.
4. In all other circumstances, you must cover the costs of returning the Goods to Us. 5. If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.
All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:
If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is 3-5 working days, but you select 24 hour express delivery, your refund for delivery charges will only be equivalent to the cost of the cheaper option.
2. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
The day on which We receive the returned Goods;
The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.
27. Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained in Part 21.
28. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure.
If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 2.
29. What Happens if We Transfer this Agreement to Another Party We may transfer (assign) Our obligations and rights (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms and Conditions (and the Contract) will not be affected and Our obligations under these Terms and Conditions (and the Contract) will be transferred to the third party who will remain bound by them.
30. Other Important Terms
You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
31. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 31.1 takes away from or reduces your legal rights as a consumer.
If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.