Terms and Conditions for the Sale of Goods

1. INFORMATION ABOUT THESE TERMS AND CONDITIONS

    1.1 These terms and conditions apply to the sale of Goods (as defined below) by us, BAM Construction Limited trading as BAM Site Solutions (“we”, “us” or “our”), to you and will form the basis of our contract with you (“Terms and Conditions”).
     
    1.2 Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
     
    1.3 If you are a buying the Goods as a consumer (see section 5 below) we  would especially like to draw your attention the following sections:
     
    1.3.1 section 9 (Faulty, damaged or incorrect Goods);

    1.3.2 section 10 (Cancelling and returning Goods if you change your mind); and

    1.3.3 section 14 (Our responsibility for loss or damage suffered by you) which sets out our responsibility to you.
     
    1.4 If you think that there is a mistake in these terms, please contact us at sales@bamsitedirect.co.uk to discuss.
     
    Are you a business or a consumer?
    1.5 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
     
    1.5.1 you are an individual; and
     
    1.5.2 you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
     
    1.6 If you are an individual placing an order on behalf of a business, you confirm you have the authority to contractually bind and enter into a contract on behalf of that business and the business will be the customer in the context of these Terms and Conditions.
     
    1.7 Terms specific to consumers have been specified as ‘Consumers only’ and Terms specific to businesses only are specified as ‘Business customers only’.
     

    2. WHO WE ARE AND HOW TO CONTACT US

     2.1 We are a limited company registered in England and Wales under company number 02379469, whose registered office address is at Breakspear Park, Breakspear Way, Hemel Hempstead, HP2 4FL. Our main trading address is Rixon Road, Finedon Road Industrial Estate, Wellingborough, Northants, NN8 4BB. Our VAT number is 226 5868 37.
     
     2.2 To contact us, please email sales@bamsitedirect.co.uk or telephone our customer service line on 01933 232000.
     
     2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
     

    3. DEFINITIONS AND INTERPRETATION

     3.1 In these Terms and Conditions, the following words have the following meanings:

    3.1.1 “Goods” means the personal protective equipment, workwear, tools, fire equipment, consumables and any other goods which are to be supplied by us to you as specified in your order (and confirmed in our Order Confirmation);

    3.1.2 “Order Confirmation” means our acceptance and confirmation of your order for Goods as described in section 4 (Our contract with you); and
     
    3.1.3“Site” means www.bamsitedirect.co.uk.
     

    3.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.

    4. OUR CONTRACT WITH YOU

    How to place an order for Goods
    4.1 If you wish to place an order for Goods with us, you can contact us to obtain a quotation, or, alternatively, our Site will guide you through the ordering process.
     

    4.2 Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms and Conditions carefully before submitting your order.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

    How we accept your order

    4.3 Our Site does not constitute a contractual offer capable of acceptance. Instead, your order will constitute a contractual offer that we may, at our sole discretion, accept or reject.

     
    4.4 Our acceptance of your order will take place when we email you confirming our acceptance (“Order Confirmation”), at which point a legally binding contract between you and us will come into existence.

    4.5 Once we have emailed you the Order Confirmation, we cannot accept any changes to your order unless the circumstances described in section 1 (Consumers only – Cancelling and returning Goods if you change your mind) apply.

    4.6 Order Confirmations will be provided in writing and will contain confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery date for the Goods.

    What happens if we cannot accept your order

    4.7 If, for any reason, we are unable to accept or cannot fulfil your order, we will inform you of this and will not charge you for the Goods. If we have taken payment, we will be refund you as soon as possible (and in any event, within 14 days).

    We only sell to the UK

    4.8 Our Site is solely for the promotion of our Goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

    5. OUR GOODS

    Products may vary from their pictures

    5.1 We have made every effort to ensure that the Goods conform to the photographs and descriptions provided on our Site. However, please note that certain colours may look different to the actual colour of the Goods, when displayed on an electronic device.

    Personalising your Goods

    5.2 You may have the option to personalise certain Goods. Please ensure the personalisation information you provide is correct and any images are of a sufficiently high resolution, as the Goods will be manufactured using this information. 

     5.3 Please note that if you have chosen to personalise the Goods you may lose your right to cancel your order (see section 10 (Cancelling and returning goods if you change your mind) for further details) as may be the case that we are unable to resell the Goods due to the personalisation. Similarly, we cannot accept the return of any personalised Goods if the return is due to incorrect information provided by you.

    Availability of Goods

    5.4 We do not represent or warrant that particular Goods will be available. If the Goods are not available, the provisions of section 7 (Our contract with you) will apply.

    6.0 OUR RIGHT TO MAKE CHANGES

    6.1 We have the right to make minor changes to the Goods without notifying you in order to:

    6.1.1 conform with any applicable safety or other legal or regulatory requirements; or

    6.1.2 implement minor technical adjustments and improvements. These changes will not affect your use of the Goods.
     
    6.2 In addition we may make reasonable changes to these Terms and Conditions or the Goods but if we do so we will notify you and you will have the right to contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
     

    7.0 PRICE AND PAYMENT

    Prices and other charges

    7.1 The price of the Goods will be that shown on our Site or in our quotation at the time of your order. Our prices may change at any time but these changes will not affect any orders that we have already accepted (see section 4 (Our contract with you) for further information about when your order is considered accepted).

     7.2 The prices are inclusive of VAT, where applicable. If the rate of VAT changes between the date of your order and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any prices where we have already received payment in full from you.

    7.3 Delivery charges are not included in the price of the Goods. Delivery options and any related charges will be presented to you as part of the order process. 

    When and how you pay

    7.4 Payment for the Goods and any related delivery charges must be made at the time of order and you will be prompted to pay during the order process, unless you are a business with an approved credit account in which case sections 13 to 7.15 inclusive will apply.

    7.5 All payments made via the Site will go through a payment gateway provider, such as Stripe or PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.

    What happens if we got the price wrong?
     

    7.6 We have made every reasonable effort to ensure that the prices we show are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. 

    7.7 Prices will be checked when processing your order however despite our best efforts, products we sell may be incorrectly priced. If there is an obvious pricing error which could have reasonably been recognised by you as mispricing, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation

    Business customers only – Credit accounts

    7.8 If you are a business, you can register for an account on our Site. As part of the registration process, we may make a credit account application form available to you.

    7.9 If, at our sole discretion, we accept your credit application, we will open a credit account for you and will email you your purchase order number. You will need to submit your purchase order when placing orders with us in order to access the agreed discount and/or credit limit, where applicable.

    7.10 Any account facilities we offer to you will be subject to section 13. We reserve the right to revoke your account facilities at any time.

    7.11 You are required to keep your account details confidential and must not reveal your username or password to anyone.

    7.12 Sharing of accounts is not permitted unless expressly authorised by us in writing. If you use a shared computer, we recommend that you do not save your account details in your internet browser.  We also recommend that the password you choose is suitably strong and secure and is changed regularly.

    7.13 If you are a business with an approved credit account, you will be given the option to pay up front or to add the order to your credit account. Any credit limit or discount we offer may be revoked at any time. 

    7.14 All invoices are payable within 30 days from the date of invoice, or otherwise in accordance with the agreed credit terms, without set-off, retention or deduction. Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the ownership in the Goods may not have passed to you. 

    7.15 The time for payment shall be of the essence of the contract and we reserve the right to charge interest on late payments at the rate of 8% per annum above the Bank of England base lending rate from the due date for payment until the actual date of payment, whether before or after judgment.

    8. DELIVERY

    8.1 All Goods will normally be dispatched within 1-2 weeks of receipt of your order. In any event, Goods will be delivered within 30 days after the date of our Order Confirmation unless you and/or us have agreed otherwise during the order process or an event has occurred which is outside of our control (see section 15 (Events outside of our control) below). 

    8.2 Orders will be delivered by courier and you may be required to sign for the delivery. If your order has not arrived by the estimated delivery date, please contact us in writing as soon as possible so we can investigate.

    What happens if you do not collect the Goods or are not at home when the Goods are delivered

    8.3 If no-one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.

    8.4 If you do not collect the Goods or rearrange delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the contract as cancelled and recover the Goods.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also charge you for any reasonable additional costs that we incur in recovering the Goods.

    What happens if we fail to deliver the Goods in time?

    8.5 In the unlikely event that we fail to deliver the Goods within 30 days of our Order Confirmation (or as otherwise agreed under section 1 above), you may end the contract if:

    8.5.1 failure to deliver was caused by us refusing to deliver your Goods;
     
    8.5.2 in light of all relevant circumstances, delivery within that time period was essential; or
     
    8.5.3 you told us when ordering the Goods that delivery within that time period was essential.
     
    8.6 If you do not wish to cancel under section 5, or none of the circumstances described in section 8.5 above apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may end the contract.
     
    8.7 You may cancel all or part of your order under sections 5 or 8.6 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 within 14 days.  Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection.  In either case, we will bear the cost of returning the cancelled Goods.
     
    When does delivery takes place?
    8.8 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your order and you (or someone identified by you) have taken physical possession of the Goods.
    Who is responsible for the Goods during delivery?
    8.9 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as described in section 8, at which point it will pass to you.
     
    When do you own the Goods?
    8.10 You own the Goods only once we have received payment in full of all sums due (including any delivery charges).
     

    9. CONSUMERS ONLY – FAULTY, DAMAGED OR INCORRECT GOODS

    Your rights in respect of faulty, damaged or incorrect Goods

    9.1 By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect or incorrectly priced Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:

    9.1.1 beginning on the day that you receive the Goods you have a 30 day right to reject the Goods and to receive a full refund if they do not conform as stated above; or
     
    9.1.2 if you do not wish to reject the Goods, or if the 30 day rejection period has expired, you may request that the Goods be replaced or repaired. We will bear any associated costs and will provide the repair or replacement (as applicable) 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 a full refund.  If you request a repair or replacement during the 30 day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the repaired or replacement Goods.  If less than 7 days remain out of the original rejection period, the rejection period will be extended by a further 7 days; or
     
    9.1.3 if, after repair or replacement, the Goods still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you have the right either to keep the Goods at a reduced price, or reject them in exchange for a refund.
     
    9.2 Please note:
     
    9.2.1 if you exercise the final right to reject the Goods (as described in section 1.3 above) more than 6 months after you have received the Goods, we may reduce any refund to reflect the use that you have had out of the Goods; and
     
    9.2.2 once 6 months have passed since you received the Goods, it will be your responsibility to prove that the Goods are defective, faulty or incorrect.
     
    9.3 Please note that you will not be eligible to claim under this section 9 if:
     
    9.3.1 we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them);
     
    9.3.2 you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or
     
    9.3.3 if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
     
    9.4 Please also note that rights set out in this section 9 do not allow you to return the Goods merely because you have changed your mind. Please instead refer to section 10 (Consumers Only – Cancelling and returning Goods if you change your mind) which sets out information about your rights if you change your mind.
     
    How to return Goods to us

     9.5 To return Goods to us for any reason under this section 9, please contact us to arrange the return at the contact details set out in section 2 (Who we are and how to contact us) or by our online returns form which can be found here [INSERT AS LINK]. We will be fully responsible for the costs of returning Goods under this section 9 and will reimburse you where appropriate.

    Refunds 
    9.6 Refunds under this section 9 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
     
    9.7 Any and all refunds issued under this section 9 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we use a different method.

     

    10. CONSUMERS ONLY – CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND

    How long you have to change your mind

    10.1 You have a legal right to a “cooling-off” period within which you can cancel the contract between you and us for any reason. This period begins once your order is complete and we have sent you your Order Confirmation, i.e. when the contract between you and us is formed.  You may also cancel before we send the Order Confirmation. 

    10.2 If the Goods are being delivered to you in a single instalment, the legal cooling-off period ends 14 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 legal cooling-off period ends 14 days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods. 

    How to let us know if you have changed your mind

    10.3 If you wish to exercise your right to cancel under this section 10, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, but for your convenience, we offer a cancellation form on our Site which can be found here [INSERT LINK]. 

    10.4 Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole days.  If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. 

    10.5 Please note that you may lose your legal right to cancel as described in this section 10 if:

    10.5.1 the Goods have been personalised or custom-made for you, as described in section 2 (Our Goods);
     
    10.5.2 you have mixed the Goods inseparably with another item after delivery; or
     
    10.5.3 Goods sealed for health protection or hygiene purposes such as respiratory masks and disposable gloves, have been unsealed after you receive them.
     
    How and when to return your Goods when you have changed your mind

    10.6 Please ensure that you return Goods to us no more than 14 days after the day on which you informed us of your wish to cancel under this section 10.

    10.7 You may return Goods to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address.  Please note that you must bear the costs of returning Goods to us if cancelling under this section 10.  We will reimburse standard delivery charges in full as part of your refund.  However, we cannot reimburse for premium delivery.
    Your right to a refund when you have changed your mind
    10.8 Refunds under this section 10 will be issued to you within 14 days from:
     
    10.8.1 the day on which we receive the Goods back;
     
    10.8.2 the day on which you inform us (with evidence) that you have sent the Goods back (if this is earlier than the day under section 8.1); or
     
    10.8.3 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 the contract.
     
    10.9 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
     
    10.10 Refunds under this section 10 will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we make a refund using a different method.
     

    11. BUSINESS CUSTOMERS ONLY – CANCELLATION AND RETURNS

    11.1 No order which has been accepted by us may be cancelled by you except with our agreement in writing on the terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of such cancellation.

    11.2 If, on delivery, you are not satisfied with the Goods and wish to return them, you may do so provided:

    11.2.1 you inspect the Goods on delivery. Where the Goods cannot be examined the delivery note or such other note as appropriate shall be marked “not examined”;
     
    11.2.2 you inform us that you wish to return the Goods within 72 hours of delivery;
     
    11.2.3 the Goods remain in their original condition (as delivered);
     
    11.2.4 the Goods are returned at your risk and you agree to bear the cost of delivery to us; and
     
    11.2.5 you indemnify us against any cost incurred by us in rectifying any deterioration of the Goods caused by incorrect storage or use while in your possession.
     
    11.3 If, on receipt, the Goods are proven by us to be damaged or defective, and you comply with section 2 above, we may refund the cost of delivery at our discretion.
     
    11.4 All Goods must be returned to us under this section 11 in their original condition, in their original, un-opened packaging, accompanied by proof of purchase.
     
    11.5 Replacement of the Goods (or the defective part thereof), or any credit or refund offered at our discretion, shall be issued to you only upon the receipt of the Goods in accordance with this section 11.
     
    11.6 If the Goods are not returned in the original packaging, we will charge or deduct a small fee from the refund or credit as applicable.
     
    11.7 We may cancel any order and/or suspend further deliveries, terminate your account and charge interest in accordance with section 15 (Price and Payment) if:
     
    11.7.1 you fail to perform or observe any of your obligations under these Terms and Conditions or if you are otherwise in breach of these Terms and Conditions;
     
    11.7.2 any steps are taken with a view to you becoming subject to an administration order or entering into a voluntary arrangement or (being an individual or firm) becoming bankrupt or (being a company) going into liquidation;
     
    11.7.3 any steps are taken with a view to an encumbrancer taking possession, or a receiver being appointed, in respect of any of your property or assets; 
     
    11.7.4 you cease, or threaten to cease, to carry on business; or
     
    11.7.5 we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.
     
    11.8 If section 7 applies then, without prejudice to any other right or remedy available to us, payment for any Goods that have been delivered but not paid for shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. We shall be entitled at any time to require you to deliver up to us any Goods in which we retain ownership and, if you fail to do so forthwith, to enter upon any premises of yours or any third party during normal business hours where the Goods are stored and repossess them.
     

    CANCELLATIONS BY US

    12.1 We may cancel your order at any time before we dispatch the Goods to you, if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued) or if an event outside of our control occurs (please see section 15 (Events outside of our control)).

    12.2 If we cancel your order and you have already paid for the Goods under section 7 (Prices and Payment), the payment will be refunded to you within 14 days. If we cancel your order, the cancellation will be confirmed by us in writing.

    13. CONSUMER ONLY - GUARANTEES

    We will pass on the benefit of any manufacturer’s warranty or guarantee, where applicable.  This exists in addition to your legal rights as a consumer, where applicable.

    14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.

    Consumers only – What we are responsible to you for

    14.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions 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.

    14.3 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

    14.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

    Business customers only - What we are responsible to you for

    14.5 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the these Terms and Conditions shall be limited to the total price paid for the Goods. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.

    14.6 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

    15. EVENTS OUTSIDE OF OUR CONTROL

    15.1 We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.

    Consumer only – What we will do if we are delayed or fail to perform because of an event outside of our control

    15.2 If we are delayed or fail to perform our obligations as a result of an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any Goods you have paid for but have not received.

    16. CONTACT DETAILS, COMPLAINTS AND FEEDBACK

    16.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours 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.

    16.2 If you have any queries, complaints or problems with the Goods, please contact us in writing in the first instance so we can investigate.

    Consumer only – Dispute resolution option
    16.3 If you are a Consumer in the EU and you have a dispute, you can use the EU Online Dispute Resolution platform to try to resolve it. The link is: 

    https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

    17. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)

    We may use your personal information to provide our Goods to you, to process your payment for the Goods, and/or to inform you of new Goods available from us if you have opted to receive this information. All personal information that we may collect, will be collected, used and held in accordance with the provisions of applicable data protection laws. For further information, please refer to our Privacy Policy, [INSERT LINK TO PRIVACY POLICY].

    18. OTHER IMPORTANT TERMS

    We may transfer these Terms and Conditions to someone else

    18.1 We may transfer our obligations and rights under these Terms and Conditions to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

    You may only transfer these Terms and Conditions if we agree

    18.2 You may only transfer your obligations and rights under these Terms and Conditions if we agree in writing.

    No third party rights

    18.3 These Terms and Conditions are between you and us. No other person will be entitled to enforce any provision of these Terms and Conditions.

    Giving up rights

    18.4 Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.

    Invalid parts of the Terms and Conditions

    18.5 If any provision (or part of any provision) of these Terms and Conditions is, or becomes illegal, invalid or unenforceable in any respect it shall not affect or impair the legality, validity or enforceability of any other provision of these Terms and Conditions.

    19. WHAT COUNTRY’S LAWS APPLY TO ANY DISPUTES?

    Consumer only

    19.1 If you are a consumer, please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and us both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

    Business only
    19.2 If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and us both agree to the exclusive jurisdiction of the courts of England and Wales.