1) THESE TERMS AND CONDITIONS
1.1 These are the terms and conditions on which we supply products to you, whether these are goods or services (“these Terms”). Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how a contract will be entered into with us, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you believe that there is a problem with these Terms, please contact us to discuss using the contact details set out in clause 1.5 below.
1.2 These Terms apply to consumers only and not business customers. You are a consumer if:
- You are an individual; and
- 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).
1.3 These Terms, together with consumer legislation, constitute the entire agreement between us in relation to your purchase. You acknowledge that, save insofar as required by law, you have not relied, and will not rely, on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that, save as required by law, you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. This disclaimer applies to any statements issued or made by third parties, whether on our behalf or not, including, but not limited to, influencers, third party marketing, any third party on paper, online or on social media platforms.
1.4 References to ‘we’, ‘us’, ‘Clearlight’, ‘Company’ in these Terms are to Clearlight Saunas UK Limited, a company registered in England and Wales. Our company registration number is 10258564 and our registered office is at Unit 1 West Links, Tollgate Business Park, Chandlers Ford, United Kingdom, SO53 3TG. Our registered VAT number is GB262269595.
1.5 You can contact us by writing to the address given above, telephoning our customer service team on 02382 026522 or by writing to us at email@example.com.
1.6 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 provided to us during the creation and processing of your order/s. In agreeing to these Terms, you are confirming that accuracy of the provided contact information and we shall not be liable for any issues caused by any mistakes or inaccurate information provided to us.
1.7 When we use the words "writing" or "written" in these Terms, this includes emails.
2) CONCLUSION OF THE CONTRACT
2.1 The product descriptions found on our website www.infaredsaunas.com do not constitute binding offers on our part, and are for illustration purposes only.
2.2 In order to submit an offer to purchase a product on our website you must usually, depending on the product being purchased, complete and submit the online order form integrated into our website. By having placed the selected goods and/or services in the virtual basket, passing through the ordering process, and clicking the button finalising the order process, you submit a legally binding offer of contract with regard to the products and/or services contained in the virtual basket. For certain products You may be required to present your offer to us by means of telephone or e-mail. Once the offer has been received by us in this manner you will be deemed to have submitted a legally binding offer of contract for the relevant products.
2.3 Our acceptance of your order will take place when we either email or write to you to accept it, which shall usually be within 5 working days of your order being received by us, at which point a contract will come into existence between you and us. Our acceptance of your order will be subject to these Terms and will stipulate the additional terms by which some or all of the payment due to us for the products purchased are to be paid. Failure to pay the stipulated sums due in accordance with the terms of our acceptance, will result in us having the right to terminate the contract in accordance with the terms of clause 7 below.
2.4 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be:
- the product is out of stock,
- because of unexpected limits on our resources which we could not reasonably plan for,
- because we have identified an error in the price or description of the product,
- because we are unable to meet a delivery deadline you have specified, or
- for some other reason.
2.5 Once we have accepted your order, the details of the order and a copy of these Terms will be stored by us and will be sent to you via email or post. In addition, provided you have created a customer account in the online shop prior to submitting your order, this information will be stored on the our website and can be found by you logging into the your password-protected customer account.
2.6 Order processing and contacting usually takes place via e-mail and automated order processing. It is your responsibility to ensure that the e-mail address you provide for the order processing is accurate so that e-mails sent by us to you are received at this address. Particularly, it is your responsibility, if SPAM filters are used, to ensure that all e-mails sent by us or by third parties commissioned by us in connection with the order processing can be delivered.
3) OUR PRODUCTS
3.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and specifications accurately, we cannot guarantee that the display of the colours and specification accurately reflects the colour and precise specification of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
3.2 If we are making the product bespoke or to measurements you have given us you are entirely responsible for ensuring that these measurements are correct and we shall not be liable in any way should the measurements fail to meet the desired outcome, finish, size, mass or aesthetic requested by you. You can find information and tips on how to measure on our website or by contacting us.
(a) For the purpose of this sub clause 3.3, “IPR” means the patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade-marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
(b) The IPR in the products remain owned by us. You shall not sub-license, transfer or otherwise deal with our IPR. You shall not do, or omit to do, anything that could adversely affect the validity of our IPR or reputation or the validity or reputation of our IPR. You shall not adjust or modify the Products in any way without our prior written consent, and any IPR in the modified or adjusted Products shall be owned by us.
(c) You hereby agree to indemnify us against any claims, losses, costs, expenses, proceedings that we may suffer or incur as a result of you breaching the terms of this clause 3.3.
3.4 If you wish to make a change to the product you have ordered please contact us within 5 working days from the date your order is submitted. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you contact us after 5 working days we may not be able to accommodate your request.
3.5 We may need to change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
4) PRICE AND DELIVERY COSTS
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately on our website and throughout the ordering process.
4.2 The purchase price for the products as set out in your order will, in all instances, be final and payable in advance of dispatch.
4.3 If your product is in stock and available for immediate dispatch, then the full purchase price shall be due and payable within 7 working days of the date of our order acceptance.
4.4 If your product is out of stock or otherwise unavailable for immediate dispatch, 50% of the purchase price shall be due and payable within 7 working days of the date of our order acceptance. The remaining 50% shall be due and payable within 7 days of us writing to you to request payment and providing you with an indicative dispatch date.
4.5 Once full payment has been received from you, we shall liaise with you to confirm your estimated dispatch date. Dispatch times are usually 10-14 days from receipt of full payment, but this is dependent on the availability of our logistics partner and other external factors and cannot be guaranteed.
4.6 Payments can be made by bank transfer, credit card over the phone or via any applicable easy finance option. To take advantage of any easy finance option and to see if you are eligible, please discuss this with your Clearlight representative. The terms and conditions of any finance option are not set out in these Terms and will be provided to you at the relevant time.
5) SHIPMENT AND DELIVERY CONDITIONS
5.1 The costs of delivery will be as displayed to you on our website or otherwise confirmed to you in our acceptance of your order.
5.2 We will use our reasonable endeavours to liaise with you and organise dispatch and delivery with our logistics partner for a day that suits you. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know in accordance with clause 5.14. Provided we do this we will not be liable for delays caused by the event.
5.3 Due to the nature of the products we sell, collection from our retailer or warehouse is not possible or permitted.
5.4 Your products will be delivered to the delivery address set out in your order or to such other address confirmed with us.
5.5 If no one is available at your address to take delivery, our logistic partner will leave you a note informing you of how to rearrange delivery.
5.6 If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and you shall be liable for all resulting storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection within 10 working days we may end the contract and clause 7 will apply.
5.7 If you have ordered and paid for the installation service and you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property within 10 working days we may end the contract and clause 7 will apply.
5.8 A product shall become your responsibility from the time our logistics partner or other third party shipper delivers the product to you and you sign the delivery note, or, if you have paid for the installation service, once the product has been installed for you at the address you provided to us and such installation has been accepted by you by you signing the delivery note. It shall not be our responsibility to check that the person signing the delivery note has authority to accept the product.
5.9 Title to the products shall pass to you once all sums due and payable by you in accordance with the order form and our contract have been received by us in full.
5.10 We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 7 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.11 We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(c) update the product to reflect changes in relevant laws and regulatory requirements;
(d) make changes to the product as requested by you or notified by us to you
5.12 We will contact you in advance to tell you if we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 months you may contact us to end the contract and we will refund any sums you have paid in advance for the product.
5.13 If you do not pay us for the products when you are supposed to in accordance with our contract with you we may suspend supply of the products until you have paid us the outstanding amounts in full. We will contact you to tell you we are suspending supply of the products. We will not suspend the supply of the products where you genuinely dispute the unpaid invoice. As well as suspending the supply of the products we can also charge you interest on your overdue payments at a rate of 4% per annum above the base rate of the Bank of England.
5.14 Force Majeure
(a) For the purpose of this clause 5.14, Force Majeure Event means any circumstance not our reasonable control including, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination, or sonic boom; any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts, non-performance by suppliers or subcontractors.
(b) Provided we have complied with Clause 5.14(d), if we are prevented, hindered or delayed in or from performing any of our obligations under these Terms by a Force Majeure Event we shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
(c) Your corresponding obligations will be suspended, and your time for performance of such obligations extended, to the same extent.
(d) In the event of a Force Majeure Event, we shall:
(i) as soon as reasonably practicable after the start of the Force Majeure Event, notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under these Terms; and
(ii) use our reasonable endeavours to mitigate the effect of the Force Majeure Event on our obligations.
(e) If the Force Majeure Event prevents, hinders or delays the performance of our obligations for a continuous period of more than 3 months, you may terminate this agreement by giving written notice to us.
6) RIGHT TO CANCEL
6.1 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately upon you notifying us that you wish to terminate the contract and we will refund you in full for any products which have not been dispatched to you. The reasons are:
(a) we have told you about an upcoming change to the product or these Terms which you do not agree to;
(e) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(f) there is a risk that supply of the products may be significantly delayed because of events outside our control as set out in clause 5.14 above;
(g) we have suspended supply of the products for technical reasons, or notified you we are going to suspend them for technical reasons, in accordance with clause 5.12 above, or
(h) you have a legal right to end the contract because of something we have done wrong.
6.2 Subject to clause 6.4, you have a legal right to change your mind within 14 days and receive a refund in accordance with these Terms. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your mishandling or misusing them or otherwise using them other than as set out in the instruction manual provided with the product. See our Returns page for information about what handling is acceptable and examples of mishandling. If we refund you the price paid before we are able to inspect the goods and later discover you have handled or used them in an unacceptable way, you must pay us an appropriate amount within 7 working days of demand.
(i) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 10-14 days at one cost but you chose to have the product expedited at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6.3 In addition to your right to change your mind, providing none of the circumstances set out in clause 6.4 below apply you shall have the right to end the contract and return the product within 30 days (in accordance with clause 6.7 below) and receive a full refund, as long as the products are returned in “new” or “like new” condition, in undamaged original manufacturer’s packaging and with all original product manuals. Where your order arrives in several deliveries over different days, your 30-day period shall run from the date that you receive the last delivery. Where your order contains an installation service, then you have 30 days from the date of our acceptance of your order (subject to clause 6.4(b) below).
6.4 Your right to change your mind under clause 6.2 or clause 6.3 above does not apply in respect of:
(a) bespoke orders or non-standard sauna orders; or
(j) installation services, once these have been completed, even if the cancellation period is still running.
6.5 If you want to end the contract before the product is delivered where we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
6.6 To end the contract with us, please let us know by doing one of the following:
(a) Email. Please contact us using the details set out in clause 1.5 above. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(k) Online. Complete the form on our website.
6.7 If you end the contract for any reason under this clause 6 after products have been dispatched to you or you have received them, you must return them to us using our approved logistics partner/approved third party shipper. We will liaise with you and our logistics partner/approved third party shipper to arrange for our logistics partner/approved third party shipper to collect the products and return them to us at your cost. If you are a consumer exercising your right to change your mind, you must have agreed a date for the collection of the products with our approved logistics partner/approved third party shipper within 14 days of telling us you wish to end the contract, at your own cost.
6.8 We will only the costs of return:
(a) if the products are faulty or misdescribed in accordance with clause 8 below;
(l) if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
6.9 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see this link.
6.10 If you are entitled to a refund under these Terms, we will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described at clause 6.2 and 6.5 above.
6.13 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, in the case of cancellation of the installation service, within 14 days of your telling us you have changed your mind.
7) OUR RIGHTS TO TERMINATE THE CONTRACT
7.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you have still not paid it within 7 days of request by us for payment;
(m) you do not, within 7 days of us requesting the same, provide us with information that is necessary for us to provide the products, for example, bespoke products;
(n) you do not, within 7 days of the confirmed delivery date, allow us to deliver the products to you; or
(o) you do not, within 7 days of the confirmed date for the provision of the installation service, allow us access to your premises to supply the services.
7.2 If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of us having to break the contract under this clause 7.
8) IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product, please contact us using the details set out in clause 1.5 above.
8.2 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you have ordered a product, for example a sauna, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If you have ordered installation services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
8.3 If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of postage or collection. If you want to reject products then must be returned to us using our approved logistics partner. Please contact us using the details set out in clause 1.5 above to discuss arrangements for the products to be returned to us or collected by us as the case may be with our approved logistics partner.
8.4 In addition to your legal rights set out above, if you are a consumer we also provide a lifetime warranty on the terms of this clause 8.4, clause 8.5 and clause 8.6. This lifetime warranty is addition to any legal rights you as a consumer may have. Under the lifetime warranty, we warrant that the heaters, electrical components and audio components comprising the product shall be free from defects in materials and workmanship for the usual use of an infared sauna in line with the manufacturer instructions delivered with the product, for an unlimited time. For a detailed list of the component parts of the product included in the warranty please review your user guide provided with the Product. The warranty is valid for the first owner of the product where that owner purchased the product from Clearlight Saunas UK Limited, and ceases to apply on transfer of title of the product, save as set out in clause 10.2 below. The lifetime warranty cover is dependent upon the customer continuing to use the product for its normal and standard use and adhering to the warning labels and other instructions set out in the instructions accompanying the product.
8.5 The lifetime warranty starts with the date of delivery of the product. The lifetime warranty provides that any defects in materials or workmanship as set out in clause 8.4 above shall be repaired or replaced free of charge, including the cost of shipping. The warranty is not extended to the repair or replacement of parts which have already been rectified or replaced. The warranty includes the cost of labour free of charge for a period of 7 years from delivery of the product only. You will be required to pay the cost of labour after 7 years. The lifetime warranty shall be guaranteed in the event of the insolvency of Clearlight Saunas UK Limited by Sauna Works, Inc in respect of the repair and replacement of the component parts only, and shall not include the costs of shipping or labour which shall be borne by the customer.
8.6 We will not be liable for a product's failure to comply with the warranty in clause 8.4 if:
(a) you make any further use of such product after giving a notice of the warranty claim;
(p) you use the product in a business or commercial setting or for any other business or commercial purpose;
(q) the defect arises because you adjusted the product or failed to follow our oral or written instructions as to the operating, storage, installation, commissioning, use or maintenance of the product including all warning and other labels on the product;
(r) the defect arises as a result of us following any drawing, design or specification supplied by you;
(s) you alter, retrofit, tamper with or repair the product without our written consent; or
(t) the defect arises as a result of fair wear and tear, cosmetic damage or natural alterations to the exterior finish, wilful damage, accidents, negligence, fire, water, lightening or other acts of god, or abnormal working conditions.
(u) The defect occurred as a result of any accessories, applications, installations, repairs, external plumbing and leaks, external wiring, circuit breakers, fuses or connectors not supplied and authorised by us, or which damage this product or result in service problems; incorrect electrical line voltage, fluctuations, and surges.
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 8.2, and for defective products under the Consumer Protection Act 1987
9.3 If we are providing services in your property for the purpose of installation, maintenance or inspection and we damage or destroy any item of your property, we agree to manage and financially reimburse or replace the item/and or items in question. In this event, sufficient evidence must be provided by you to us to confirm the value of the damage/s and we must be permitted access to the property to inspect the damage/s to allow us or a third party to undergo a thorough assessment and or evaluation. Failure to allow proper inspection may incur delays. By agreeing to these Terms, you agree to permit access so we may complete the above information, and or provide clear, sufficient documentation and images (minimum resolution 000X000). However, we shall not be responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
9.4 We only supply the products for to you for domestic and private use and we shall not be liable for any issues that arise in connection with the product where they are used inappropriately, in a business or commercial setting or otherwise for a business or commercial purpose, and where you fail to follow the manufacturer’s and any other instructions provided as to the appropriate use and handling of the products.
9.5 Subject to clause 9.2
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(v) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
10) OTHER TERMS
10.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
10.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our lifetime warranty at clause 8.4 to a person who has acquired the product providing the buyer has signed a formal transfer of ownership document in our standard form. If this is required, please contact us using the details set out in clause 1.5 above. An additional administration fee of £250 will be charged for this service. We will have no liability under the warranty to any buyer of the product if the formal transfer of ownership form has not been completed in full.
10.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as provided in clause 10.2.
10.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11) DATA PROCESSING
11.1 In this clause the terms
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures are as defined in the Data Protection Legislation.
Data Protection Legislation: means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
11.2 We will comply with all applicable requirements of the Data Protection Legislation.
11.3 For the purposes of the Data Protection Legislation, we are a Processor of Personal Data.
11.4 We shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this agreement process that Personal Data in order to retain accurate records of our customers, for marketing and general administrative purposes, and for the purpose of liaising with our approved logistics partners and our sub-contractors including, but not limited to, the purpose of completing online payment transactions.
11.5 You hereby consent to us using third party processors to hold and process your Personal Data for the purposes set out in clause 11.4 above.
12) LAW AND JURISDICTION
12.1 These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.2 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.