1.1What these terms cover.
These are the terms and conditions on which we supply products to you, whether
these are goods or services which you order via our website.
1.2Why you should read them.
Please read these terms carefully before you submit your order to us. These
terms 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. If you think that there is a mistake in these terms or
require any changes, please contact us to discuss.
1.3Are you a business customer or a consumer? In some areas you will have different rights under these
terms depending on whether you are a business or consumer. You are a consumer
●You are an individual.
●You are buying products from us wholly or mainly for your
personal use (not for use in connection with your trade, business, craft or
Provisions specific to consumers only are inpinkand those specific to
businesses only are inpurple.
1.4If you are a business customer this is our entire
agreement with you. If you are a
business customer these terms constitute the entire agreement between us in
relation to your purchase. You acknowledge that you have not relied 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 you shall have no
claim for innocent or negligent misrepresentation or negligent misstatement
based on any statement in this agreement.
2.Information about us and how to contact us
2.1Who we are. We are
Peggy Porschen Group Ltd ('we'/'us'/'our'), a limited company (trading as Peggy
Porschen Cakes and Peggy Porschen Cake Academy), registered in England and
Wales under company number: 09123435 having our registered office at 166
College Road, Harrow, Middlesex, England, HA1 1RA. Our VAT Number is: GB 840
1501 75. Our business address is 116 Ebury Street, Belgravia, London, SW1W 9QQ.
2.2How to contact us. You
can contact us by telephoning our customer service team at +44 (0)20 7730 1316
or by writing to us at by email at email@example.com or a letter to
Customer Services, Peggy Porschen Cakes, 116 Ebury Street, Belgravia, London,
2.3How we may contact you.
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 in your order.
2.4"Writing" includes emails. When we use the words "writing" or
"written" in these terms, this includes emails.
3.Our contract with you
3.1How we will accept your order. Our acceptance of your order will take place when we email
you to accept it, at which point a contract will come into existence between
you and us.
3.2If we cannot accept your order. 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 because the
product is out of stock, because of unexpected limits on our resources which we
could not reasonably plan for because a credit reference we have obtained for
you does not meet our minimum requirements, because we have identified an error
in the price or description of the product or because we are unable to meet a
delivery deadline you have specified.
3.3Your order number. We
will assign an order number to your order and tell you what it is when we
accept your order. It will help us if you can tell us the order number whenever
you contact us about your order.
sell and deliver to. Our freshly baked cakes and
cupcakes are available for delivery by courier within South West London (SW
postcodes) only. For the avoidance of doubt, we do not deliver our baked cakes
and cupcakes to anywhere else within the UK. See clause 7.9.
We sell and deliver baking equipment
and books to individuals located within the UK and Europe. We, on occasions,
will sell and deliver baking equipment and books outside of Europe on a
wholesale basis. For example, to cake schools.
Whilst we offer academy
courses to individuals from all around the world, the actual classes will only
take place at our academy address located at 30 Elizabeth Street, London, SW1W
For the avoidance of doubt,
all deliveries are subject to adequate delivery, postage and packaging
3.5If we agree to supply
for delivery outside the United Kingdom, these goods may be subject to import
duties and/or additional taxes or expenses incurred due to complying with
foreign regulatory requirements or laws. You will be responsible for payment of
any such duties and/or taxes in addition to our price including VAT and the
cost of delivery. Please note that we have no control over these charges and
cannot predict their amount. Please contact your local customs office or
taxation authority for further information before placing your order.
3.6Please note that when
shipping products internationally, you should be aware that cross-border
shipments are subject to opening and inspection by customs authorities. Please
also note that you must comply with all applicable laws and regulations of the
country for which the Goods are destined. We will not be liable for any breach
by you of any such laws.
3.7We only sell to those over 18.If you
are under the age of 18, we may not accept your order and you must discontinue
the order process now.
4.1Products may vary
slightly from their pictures. The images
of the products on our website are for illustrative purposes only. Although we
have made every effort to display the colours accurately, we cannot guarantee
that a device's display of the colours accurately reflects the colour of the
products. Your product may vary slightly from those images.
4.2Product packaging may vary. The packaging of the product may vary from that shown in
images on our website.
5.Your rights to make changes
5.1If you wish to make a
change to the product you have ordered please contact us. 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.
6.Our rights to make changes
6.1Minor changes to the products. We may change the product:
(a)to reflect changes in
relevant laws and regulatory requirements; and
(b)to implement minor
technical adjustments and improvements. These changes will not affect your use
of the product.
7.Providing the products
7.1Delivery costs. The
costs of delivery will be as displayed to you on our website.
7.2When we will provide the products.
(a)If the products are goods such as
baking equipment and books. If the products are goods such as baking equipment and books, we aim
to dispatch all orders within one working day and these items should arrive
within 3-5 working days. If the product
which you have ordered is unexpectedly out of stock, we will notify you
immediately and arrange an alternative delivery date.
(b)If the products are one-off services, such as academy
classes. We will begin the services on the
date agreed with you during the order process.The services will be delivered at the address stated in the order
process, but will normally be 30 Elizabeth Street, SW1W9RD.You
are solely responsible for attending on the agreed day (including all transport
(c)If the products are goods such as
fresh cakes. If the
products are goods such as fresh cakes, you will be able to select your own
delivery date when checking-out in the online shop. Please contact our Sales
Executive for further details: firstname.lastname@example.org
7.3We are not responsible for delays outside our control. 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 and we will take steps to minimise the effect of the delay. Provided we do
this we will not be liable for delays caused by the event, but if there is a
risk of substantial delay you may contact us to end the contract and receive a
refund for any products you have paid for but not received.
7.4Cakes, cupcakes and confectionery orders can be collected
from our in-store address, Peggy Porschen Parlour, 116 Ebury Street, London
SW1W 9QQ. The Parlour is open 7 days per
week (except on bank holidays) from 8am to 8pm. Simply choose ‘collection’ as
well as your preferred date and time when placing your order online.
7.5Customers are required
to provide a valid order confirmation number and sign a disclaimer note upon
collection to confirm that your order has been received in good condition. Whilst we will provide the customer
with correct handling and storage instructions with each order, once collected,
the responsibility for any damage through transportation lies with the
7.6Should for any reason
an order not be collected in time, we will retain it for 24 hours to allow you
sufficient time to call our customer service team on +44 (0)20 7730 1316 to
re-arrange a new time for collection.Please note that we do not offer refunds or replacements for orders that
have not been collected within 24 hours after the agreed date and time.
7.7If you are not at home when the product is delivered (other
than cakes, cupcakes and other fresh goods – see below). If no one is available at your address to take delivery
and the products cannot be posted through your letterbox, we will leave you a
note informing you of how to rearrange delivery or collect the products from a
7.8If you do not re-arrange delivery. If you do not collect the products from us as arranged or
if, after a failed delivery to you, you do not re-arrange delivery or collect
them from a delivery depot we will contact you for further instructions and may
charge you for storage costs and any further delivery costs. If, despite our
reasonable efforts, we are unable to contact you or re-arrange delivery or
collection we may end the contract and clause 10.2 will apply.
7.9Delivery of fresh and perishable produce including cakes
and cupcakes. Freshly baked cakes and
cupcakes are available for delivery by courier within South West London (SW
postcodes), 7 days a week (except on bank holidays).Customers are required to
provide clear delivery instructions and a contact number for our delivery
driver.If, for any reason, the delivery
cannot be accepted at the agreed time and location, we will take your order
back and retain it for the next 24 hours during which time you can call us to
request re-delivery at an additional charge or to arrange personal collection
from our address.
7.10When you become responsible for the goods. A product which is goods will be your responsibility from
the time we deliver the product to the address you gave us or you or a carrier
organised by you collect it from us.
7.11When you own goods.
You own a product which is goods once we have received payment in full.
7.12What will happen if you do not give required information to
us. We may need certain information from
you so that we can supply the products to you, for example, in relation to
fresh cakes and cupcakes, we need detailed delivery instructions for our
courier. 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 10.2 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.
8.Your rights to end the contract
8.1You can always end your contract with us.Your rights when
you end the contract will depend on what you have bought, whether there is
anything wrong with it, how we are performing, when you decide to end the
contract and whether you are a consumer or business customer:
(a)If what you have bought is faulty or misdescribed you may
have a legal right to end the contract (or
to get the product repaired or replaced or a service re-performed or to get
some or all of your money back), see clause 12 if you are a
consumer and clause 13 if you are a business;
(b)If you want to end the contract because of something we
have done or have told you we are going to do, see clause 8.2;
(c)If you are a consumer and have just changed your mind about
the product, see clause 8.3. You may be able
to get a refund if you are within the cooling-off period, but this may be subject
to deductions and you will have to pay the costs of return of any goods;
(d)In all other cases (if we are not at fault and you are not
a consumer exercising your right to change your mind), see clause.
8.2Ending the contract because of something we have done or
are going to do. If you are ending a
contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been
provided and you may also be entitled to compensation. The reasons are:
(a)we have told you about
an upcoming change to the product or these terms which you do not agree to (see
(b)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;
(c)there is a risk that
supply of the products may be significantly delayed because of events outside
(d)you have a legal right
to end the contract because of something we have done wrong.
8.3Exercising your right to change your mind if you are a consumer
(Consumer Contracts Regulations 2013). If
you are a consumer then for most products bought online you have a legal right
to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts
Regulations 2013, are explained in more detail in these terms.
8.4When consumers do not have a right to change their minds.Your right as a
consumer to change your mind does not apply in respect of:
(a)perishable items or
items that reduce in value once handled.This includes any food products, including cakes and cupcakes. HOWEVER, we do offer a goodwill
cancellation basis for these products where certain requirements are met
(b)bespoke products which
may include bespoke cakes;
(c)services, such as
academy courses, once these have been completed, even if
the cancellation period is still running;
(d)products sealed for
health protection or hygiene purposes, once these have been unsealed after you
8.5How long do consumers have to change their minds? If you are a consumer how long you have to change your mind
depends on what you have ordered and how it is delivered.
(a)Have you bought services (for example, a course at the Peggy
Porschen Academy? If so, you have 14 days
after the day we email you to confirm we accept your order. However, once we
have completed the services you cannot change your mind, even if the period is
still running. If you cancel after we have started the services, you must pay
us for the services provided up until the time you tell us that you have
changed your mind.
(b)Cancellation of a course by you. If you cannot attend a course:
Peggy Porschen Academy is unable to offer refunds on any courses booked.
Transfers to another class may be made, but only in extenuating circumstances
and at the sole discretion of The Peggy Porschen Academy team. In this case,
The Peggy Porschen Academy must be advised in writing at least 1 month prior to
the commencement of the class. In the event that you are unable to attend a
class and would like to send someone to replace you, please notify the Academy
in writing by email to email@example.com .
(c)Cancellation of a course by us.If the Peggy
Porschen Academy (PPA) has to cancel a course:
Peggy Porschen Academy reserves the right to cancel or postpone a course if it
sees necessary. In the unlikely event that a course needs to be cancelled or
re-scheduled by the PPA, we will give as much notice as possible. We will offer
a full refund of the cost of the course fee only, or the option to transfer to
another available course. Please be advised that the PPA takes no
responsibility for the travel or accommodation expenses you may have incurred,
and we advise students who travel from afar to take out travel or cancellation
time to time it is necessary to update, improve or amend existing course
formats according to customer feedback, market trends or for operational
reasons. The PPA reserves the right to change or make adjustments to the
content of any course without giving prior notice to existing bookings. This
will not affect the quality or value of the tuition.
(d)Have you bought goods (for example, baking equipment?, if so you have 14 days after the day you (or someone you
nominate) receives the goods, unless your
goods are split into several deliveries over different days. In this case you
have until 14 days after the day you (or someone you nominate) receives the
8.6Cancellation of an order for a cake or other fresh
produce:If you wish to cancel your cake order you must give us the
following minimum notice to qualify for a credit or refund:
(a)6-inch layer cakes and
cupcakes: 24 hours before delivery or collection
decorations, cakes larger than 6-inches, or any other cakes and cupcakes from
our birthday and special occasion collections: 72 hours before delivery or
8.7Ending the contract where we are not at fault and there is
no right to change your mind. Even if we
are not at fault and you are not a consumer who has a right to change their
mind (see clause 8.1), you can still end the contract before it is completed,
but you may have to pay us compensation. A contract for goods is completed when
the product is delivered, downloaded or streamed and paid for. A contract for
services is completed when we have finished providing the services and you have
paid for them. If you want to end a contract before it is completed where we
are not at fault and you are not a consumer who has changed their 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 depending on the date on which you end the contract, as compensation
for the net costs we will incur as a result of your doing so.
9.How to end the contract with us (including if you are a
consumer who has changed their mind)
9.1Tell us you want to end the contract. To end the contract with us, please let us know by doing
one of the following:
(a)Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the
order and, where available, your phone number and email address.
(b)Online. (Coming soon)
For the avoidance of doubt,
notice to end the contract must be in written form.
9.2Returning products after ending the contract. If you end the contract for any reason after products
have been dispatched to you or you have received them, you must return them to
us. You must either return the goods in person to where you bought them, post
them back to us at [ADDRESS] or (if they are not suitable for posting) allow us
to collect them from you. Please call customer services on +44 (0)20 7730 1316
or email us at email@example.com for a return label or to arrange collection.If you are a consumer exercising your right
to change your mind you must send off the goods within 14 days of telling us
you wish to end the contract.
9.3When we will pay the costs of return. We will pay the costs of return:
(a)if the products are
faulty or misdescribed;
(b)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;
In all other circumstances
(including where you are a consumer exercising your right to change your mind)
you must pay the costs of return.
9.4What we charge for collection. 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 delivery and shipping information.
9.5How we will refund you.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 below.
9.6When we may make deduction from refunds if you are a consumer
exercising your right to change your mind.
If you are exercising your right to change your mind:
(a)Baking equipment and
books: 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 handling of them.If we refund you
the price paid before we are able to inspect the goods and later discover you
have handled them in an unacceptable way, you must pay us an appropriate
(c)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 3-5 days at one cost but you choose to have the product delivered
within 24 hours at a higher cost, then we will only refund what you would have
paid for the cheaper delivery option.
(d)Where the product is a
service, we may deduct from any refund an amount for the supply of the service
for the period for which it was supplied, ending with the time when you told us
you had changed your mind. The amount will be in proportion to what has been
supplied, in comparison with the full coverage of the contract.
9.7When your refund will be made. We will make any refunds due to you as soon as
possible.If you are a consumer
exercising your right to change your mind then:
(a)If the products are
goods and we have not offered to collect them, your refund will be made within
14 days from the day on which we receive the product back from you or, if
earlier, the day on which you provide us with evidence that you have sent the
product back to us. For information about how to return a product to us, see
(b)In all other cases,
your refund will be made within 14 days of your telling us you have changed
10.Our rights to end the contract
10.1We may end the contract if you break it. 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 still do not make payment within 7 days of us reminding you that payment is due;
(b)you do not, within a
reasonable time of us asking for it, provide us with information that is
necessary for us to provide the products, for example, detailed delivery
instructions for cakes and cupcakes;
(c)you do not, within a
reasonable time, allow us to deliver the products to you or collect them from
(d)you do not, within a
reasonable time, allow us access to your premises to supply the services.
10.2You must compensate us if you break the contract. If we end the contract in the situations set out in
clause 10.1 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 your breaking the contract, as
compensation for the net costs we will incur as a result of your breaking the
11.If there is a problem with the product or service
11.1How to tell us about problems. If you have any questions or complaints about any of our
products or services, please inform our customer service team immediately on
+44 (0)20 7730 1316 [SIP1]
12.Your rights in respect of defective products if you are a
12.1If 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
is a summary of your key legal rights. These are subject to certain
exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
your product is goods, for example
baking equipment, 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.
See also clause 8.3.
If your product is services,
for example academy courses or tickets to an event, the Consumer Rights Act
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.
See also clause 8.2.
12.2Your obligation to return rejected products. If you wish to exercise your legal rights to reject
products you must either return them in person to where you bought them, post
them back to us or (if they are not suitable for posting) allow us to collect
them from you. We will pay the costs of postage or collection. Please call
customer services on +44 (0)20 7730 1316 or email us at firstname.lastname@example.org for a return label or to arrange collection.
13.Your rights in respect of defective products if you are a
13.1If you are a business customer we warrant that on
delivery and for a period of 12 months from delivery, any products which are
(b)be free from
material defects in design, material and workmanship;
(c)be fit for any
purpose held out by us;
(d)be of satisfactory quality (within the meaning of the Sale of
Goods Act 1979).
13.2Subject to clause
(a)you give us notice
in writing within a reasonable time of discovery that a product does not comply
with the warranty set out in clause 13.1;
(b)we are given a
reasonable opportunity of examining such product; and
(c)you return such
product to us at our cost, we shall, at our option, repair or
replace the defective product, or refund the price of the defective product in
13.3We will not be
liable for a product's failure to comply with the warranty in clause 13.1 if:
(a)you make any further
use of such product after giving a notice in accordance with clause 13.2(a);
(b)the defect arises
because you failed to follow our oral or written instructions as to the
storage, installation, commissioning, use or maintenance of the product or (if
there are none) good trade practice;
(c)the defect arises as
a result of us following any drawing, design or specification supplied by the
(d)you alter or repair
the product without our written consent; or
(e)the defect arises as
a result of fair wear and tear, wilful damage, negligence, or abnormal working
13.4Except as provided
in this clause 13, we shall have no liability to you in respect of a product's
failure to comply with the warranty set out in clause 13.1.
13.5These terms shall
apply to any repaired or replacement products supplied by us under clause 13.2.
14.Price and payment
14.1Where to find the price for the product. The price of the product (which includes VAT) will be the
price indicated on the order pages when you placed your order. We take all
reasonable care to ensure that the price of the product advised to you is
correct. However please see clause 14.3 for what happens if we discover an
error in the price of the product you order.
14.2We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and
the date we supply the product, we will adjust the rate of VAT that you pay,
unless you have already paid for the product in full before the change in the
rate of VAT takes effect.
14.3What happens if we got the price wrong. It is always possible that, despite our best efforts,
some of the products we sell may be incorrectly priced. We will normally check
prices before accepting your order so that, where the product's correct price
at your order date is less than our stated price at your order date, we will
charge the lower amount. If the product's correct price at your order date is
higher than the price stated to you, we will contact you for your instructions
before we accept your order. If we accept and process your order where a
pricing error is obvious and unmistakeable and could reasonably have been
recognised by you as a mispricing, we may end the contract, refund you any sums
you have paid and require the return of any goods provided to you.
14.4When you must pay and how you must pay. We accept payment with any major credit or debit card
through Sage Payand PayPal .When you must pay depends on what product you
(a)For goods, you must pay
for the products before we dispatch them. We will not charge your credit or
debit card until we dispatch the products to you.
(b)For services (i.e. booking an academy place),
you must make an advance payment of the total booking amount. We will charge
your credit or debit card on contacting you to confirm acceptance of your
14.5Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts
due to us under these terms in full without any set-off, counterclaim,
deduction or withholding (other than any deduction or withholding of tax as
required by law).
14.6What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us
promptly to let us know. You will not have to pay any interest until the
dispute is resolved. Once the dispute is resolved we will charge you interest
on correctly invoiced sums from the original due date.
15.Our responsibility for loss or damage suffered by you if
you are a consumer
15.1We are responsible to you for foreseeable loss and damage
caused by us. 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. Loss or damage is foreseeable if either it is obvious
that it will happen or if, at the time the contract was made, both we and you
knew it might happen, for example, if you discussed it with us during the sales
15.2We 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 12.1;and for defective
products under the Consumer Protection Act 1987.
15.3When we are liable for damage to your property. If we are providing services in your property, we will
make good any damage to your property caused by us while doing so. However, we
are not responsible for the cost of repairing any pre-existing faults or damage
to your property that we discover while providing the services.
15.4We are not liable for business losses. If you are a consumer we only supply the products for to
you for domestic and private use. If you use the products for any commercial,
business or re-sale purpose our liability to you will be limited as set out in
16.Our responsibility for loss or damage suffered by you if
you are a business
16.1Nothing in these
terms shall limit or exclude our liability for:
(a)death or personal
injury caused by our negligence, or the negligence of our employees, agents or
subcontractors (as applicable);
(b)fraud or fraudulent
(c)any matter in
respect of which it would be unlawful for us to exclude or restrict liability.
16.2Except to the extent
expressly stated in clause 13.1 all terms implied by
sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the
Supply of Goods and Services Act 1982 are excluded.
16.3Subject to clause
(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;
(b)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 value of the of the total
sums paid by you for products under such contract.
17.How we may use your personal information
17.1How we will use your personal information. We will only use your personal information as set out in
18.Other important terms
18.1We may transfer this agreement to someone else. 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
18.2You need our consent to transfer your rights to someone
else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations
under these terms to another person if we agree to this in writing. We may not
agree if the transfer would place too much risk on us, or it would be damaging
to our business (i.e. transferred to a competitor).
18.3Nobody else has any rights under this contract (except
someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to
enforce any of its terms.
18.4If a court finds part of this contract illegal, the rest
will continue in force. 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.
18.5Even if we delay in enforcing this contract, we can still
enforce it later. 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.
18.6Which laws apply to this contract and where you may bring
legal proceedings if you are a consumer.
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
18.7Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it,
without you having to go to court. If you are a consumer and are not happy with
how we have handled any complaint, you may want to contact the alternative
dispute resolution provider we use. You can submit a complaint to ADR Group via
their website at www.consumer-dispute.co.uk.
18.8Which laws apply to this contract and where you may bring
legal proceedings if you are a business.
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.