This page (together with our Privacy and Cookies Policy) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on this website (“our website”) to you.
These Terms will apply to any contract between us for the sale of Products to you (each a “Contract”). Please read these Terms carefully, and make sure that you understand them, before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our website.
You should print a copy of these Terms, or save them to your computer, for future reference.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products from us using our website, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 13th December 2019.
You may only purchase Products from our website if you are at least 18 years old.
These Terms, and any Contract between you and us, are only in the English language.
1. Information About Us
1.1 We operate the website janasgem.com. We are Mars Spiders Limited, a company registered in England and Wales under company number 08705434 and with our registered office at 11 Orwell Court, Pownall Road, London E8 4PS. Our VAT number is 230422460.
1.3 If you wish to contact us for any reason, including because you have any complaints, you can contact us by writing to us at Mars Spiders 11 Orwell Court, Pownall Road, London E8 4PS, by telephoning our Customer Services team at 087 2233 3964 or by e-mailing them at firstname.lastname@example.org.
1.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our website or other literature are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that the display of the images of the Products accurately reflects the appearance of the Products. Your Products may vary slightly from those images.
2.2 The Product dimensions supplied are intended to give an approximate indication of the size of individual Products. The images of Products may not show their actual size. If you wish to inspect a Product before purchasing it, please contact us so that we can make arrangements at one of our stores.
2.3 The packaging of the Products may vary from that shown on images on our website.
3. Use of Our Website
3.1 Your access to and use of our website is subject to your compliance with all applicable laws and this clause 3. Your use of our website and our social media facilities constitutes your unqualified agreement to accept and comply with this clause 3. If you do not agree to this clause 3 you must not use our website or our social media facilities.
3.2 Our website is offered as a facility for customers to purchase our products and is directed solely at those who access this website from the UK and within the European Union.
3.3 Whilst we use reasonable efforts to include accurate and up to date information on our website, errors may occur. We cannot give any warranty or representation as to the accuracy of the information, and do not accept responsibility for errors or omissions or for any action or decisions based on the information.
3.4 Your use of our website is at your risk. If you have any specific queries, please contact us by email at email@example.com or by telephone on 0800 342 3180. The information and materials provided on our website are of a general nature only and cannot be regarded as constituting advice or recommendations (professional or otherwise). We do not accept any liability for any direct, indirect, special or consequential losses or damages of whatever nature, including but not limited to loss of anticipated savings, revenue, information, goodwill or contract arising out of our website, its availability or lack of availability or your use of any information contained on our website.
3.5 We exclude all warranties, express or implied, relating to the information and materials on our website to the fullest extent permitted by law.
3.6 Nothing in this clause 3 shall be construed to exclude or limit (1) our liability for death or personal injury caused by our negligence, or fraudulent misrepresentation or (2) any rights you may have as a consumer to the extent that such liability and rights may not be excluded or limited under applicable statute or law.
3.7 You agree to indemnify us against all claims, losses and damages suffered and costs, expenses and liability incurred as a result of your breach of this clause 3.
3.8 Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website.
3.9 Our website contains hypertext links to third parties’ websites. Any hypertext links between our website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material or your accessing of third party websites causing any damage, costs, injury or loss of any kind.
3.10 You agree that if you wish to create any links between our website and any other website you will do so only in accordance with this clause 3 or as we otherwise agree in writing. We reserve the right to withdraw linking permission without notice.
3.11 You may link to the homepage of our website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
3.12 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3.13 You must not establish a link to our website in any website that is not owned by you or which does not comply with this clause 3.
3.14 Our website must not be framed on any other site and you may not create a link to any part of our website other than the homepage.
3.15 We offer our Facebook, Twitter, YouTube, Instagram and Pinterest (together “Social Media”) pages as facilities for your convenience and are not responsible for any financial or other liability associated directly or indirectly with a public or private posting made using them.
3.16 You acknowledge that any information that you post using our Social Media facilities may be viewable by any person and by posting using our Social Media facilities you undertake:
to accept full responsibility for the contents of any postings you make using the facilities;
to use the facilities only for lawful purposes;
not to post any material which is inaccurate, defamatory, abusive, offensive, pornographic, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate or which will constitute a criminal offence or give rise to civil liability or which may cause offence in relation to sexual orientation, age, marital status, disability or working status;
not to harass or upset third parties through your use of the facilities;
not to include in any posting any material which refers to a third party or is protected by confidentiality, copyright, trade mark or other propriety right without the express permission of the third party owner (and for the avoidance of doubt you have our permission to send details of our own products to third parties using the facilities in accordance with this clause 3);
not to send personal information about any third party using the facilities;
not to insert into any posting any material which contains viruses, files or programs that are designed to disrupt, damage or limit the functioning of any software or hardware equipment;
not to use the facilities for any commercial purpose or to send advertisements, chain letters, surveys, pyramid schemes or requests for money; and
not to use the facilities in order to obtain unauthorised access to data or other information belonging to us or any third party.
3.17 You acknowledge and agree that we may at our discretion remove any postings from the facilities, that we may (but are not obliged to) monitor the contents of postings sent using the facilities and that we do not accept any liability arising from your use of, or the content of any postings in your use of, the facilities.
3.18 You are responsible for all information posted using the facilities which arises from use of your account for the relevant Social Media facility, whether or not such use is authorised by you.
3.19 You warrant that any content that you post using the facilities will comply with this clause 3 and that you will be liable to us for, and shall indemnify us against, any loss or damage that we suffer or incur as a result of any breach by you of such warranty.
3.20 You acknowledge and agree that any content that you post using our Social Media facilities will be considered non-confidential and non-proprietary, and that we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
3.21 You acknowledge that we will cooperate with any person, law enforcement authority or court order requesting or directing us to disclose the identity of anyone posting or sending material using the facilities in breach of these this clause 3, any law (whether civil or criminal) or the legal rights of any party (including but not limited to intellectual property rights and rights to privacy).
3.22 We shall not be responsible, or liable to you, for the content or accuracy of any content posted by any other user of the facilities. The views expressed on our Social Media facilities by other users do not represent our views or values.
3.23 For the avoidance of doubt all of the other provisions of this clause 3, and any other terms of the operators of the Facebook, Twitter, YouTube, Instagram and Pinterest websites, shall also apply to your use of our Social Media facilities except where the context otherwise requires.
3.24 The trade marks, logos and service marks (collectively “the Trade Marks”) displayed on our website (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained on our website shall be construed as granting any licence or right to use any Trade Mark displayed on our website without the prior written consent of the relevant Trade Mark owner other than as expressly set out in this clause 3. Your misuse or infringement of any of the Trade Marks displayed on our website is strictly prohibited.
3.25 The copyright in each aspect of our website is owned by Hugh Rice Limited or our content or technology providers. All content is protected by copyright and may not be used except as expressly provided in this clause 3 without our prior written consent. We do not warrant or represent that your use of materials displayed on our website will not infringe the rights of any third party.
3.26 Except where otherwise stated expressly, you must not copy, adapt, download, exploit or otherwise use the information contained on our website in any way, other than for the purpose of enquiring about or requesting information relating to our products or downloading and temporarily storing one or more of the pages of our website for the purpose of viewing, for your personal use only, on a personal computer or terminal. For the avoidance of doubt you shall not be entitled to reproduce, permanently store, or retransmit any of the contents of our website without our prior written consent.
3.27 Whilst we try to keep our anti-virus software up-to-date we do not warrant that our website, its servers, downloadable files or e-mails which may be sent by us, are free from viruses or other harmful components.
3.28 You must not:
introduce or attempt to introduce any virus or other contaminant to our website or any of its software or systems; or
in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with or interfere with the operation of any part of our website, its software or systems.
3.29 You acknowledge and agree that emails and Internet transmissions can never be guaranteed to be completely secure and that there is a risk that any message or information that you send to us by email or using the Internet may be intercepted and viewed by a third party. We shall not be liable for any emails or Internet transmissions that you send to us and any such emails or transmissions that you send to us shall be sent at your own risk.
3.30 You are responsible for obtaining an appropriate connection with a telecommunications provider in order to access our website and for paying the costs of all charges you incur in accessing and using our website.
4. How We Use Your Personal Information
4.1 We only use your personal information in accordance with our Privacy and Cookies Policy (a copy of which can be accessed by clicking here). Please take the time to read our Privacy and Cookies Policy, as it includes important terms which apply to you.
4.2 We will process your personal information for the purpose of us performing our obligations under the Contract and contacting you in relation to you order. Where we extend credit to you for the Products we may obtain a credit reference for you where it would be in our legitimate interest to do so in order to protect us against non-payment or fraud. We reserve the right to instruct a third party to complete these checks on our behalf. We may pass your personal information to credit reference agencies and they may keep a record of any search that they do. If you have agreed to it during the order process, we will also process your personal information to send you marketing information regarding our products, but you may stop receiving this at any time by contacting us.
4.3 You have the right to ask for a copy of the personal information we hold about you and to correct any inaccuracies in that information. In some circumstances you may also have the right to: (i) request that we erase any personal data held about you; (ii) restrict our processing of your personal data; (iii) data portability; and (iv) object to our processing of your personal data. You have the right to lodge a complaint with the Information Commissioner’s Office if you have any concerns with regard to the way in which we process your personal data.
5. How a Contract Is Formed Between You and Us
5.1 Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.2 After you place an order using our website, you will receive an e-mail from our payment provider, Sagepay, and an email from us acknowledging that we have received your order. However, please note that neither email means that your order has been accepted. Our acceptance of your order will only take place as described in clause 5.3. If you do not receive an acknowledgement email within three working days of placing an order, please email us at firstname.lastname@example.org (quoting as much information as possible about your order) and we will endeavour to assist.
5.3 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). A Contract between us will only be formed when we send you the Dispatch Confirmation. We reserve the right to refuse your order or to restrict the number of Products you may order.
5.4 If we are unable to supply you with any Product, for example because that Product is not in stock or no longer available, because we cannot meet any requested delivery date or because of an error of the nature referred to in clause 9.4 – we will inform you of this by e-mail or by phone and we will not process your order unless you and we otherwise agree. If you have already paid for the Products subject of that order, we will refund you the full amount (including any delivery costs charged) as soon as possible.
6. Our Right to Vary These Terms
6.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
6.2 Every time you order any Products from us, the Terms in force at the time of your order will apply to the relevant Contract between you and us.
6.3 We may revise these Terms as they apply to any Contract between us from time to time to reflect any changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to any Contract between us pursuant to clause 6.3 above, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the relevant Contract if you are not happy with the changes. You may cancel either in respect of the entire Contract or just those Products you have yet to receive under the Contract. If you opt to cancel any Contract in full pursuant to this clause 6.4, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Consumer Rights to Return and Receive a Refund
7.1 For most products bought online you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days and receive a refund. At Hugh Rice, we give you 30 days to return your unwanted items without having to give a reason for an exchange or a refund. This does not affect your legal rights in relation to faulty or misdescribed Products.
7.2 However, the cancellation right referred to in clause 7.1 above does not apply to:
any Products that are made to your specification or which are clearly personalised;
any Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
any Products which pass through skin such as earrings where their packaging has been opened;
Products which are gift vouchers after they have been redeemed in full or in part;
any Products which become mixed inseparably with other items after their delivery.
7.3 Your legal right to cancel a Contract starts from the date of the relevant Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the relevant Contract between us is formed. Your deadline for cancelling that Contract is then 30 days after the day on which you receive the Products, unless your Products are split into several deliveries over different days, in which case you have 30 days after the day you receive the last delivery.
7.4 To cancel a Contract in accordance with your legal right to do so as set out in this clause 7, you just need to let us know that you have decided to cancel. If you use this method we will e-mail you following receipt to confirm we have received your cancellation. You can also e-mail our Customer Services team at email@example.com or write to us at PO BOX 614, Hull, HU9 9PP. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, your cancellation is effective from the date you send us the e-mail or post the letter to us.
7.5 If you cancel any Contract we will:
refund you the price you paid for the Products the subject of the Contract. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if such reduction has been caused by you handling them in a way which would not be permitted in a shop. For example, we are unable to offer a refund in respect of Products which are smartwatches or activity trackers once these have been unsealed after you receive them. This is because such Products require you to digitally download your personal data and so cannot be refunded once the relevant services have begun. If we refund you the price you paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within one to three working 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; and
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
if you have received the Products: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return Products to us, please see clause 7.9 below;
if you have not received the Products: 14 days after you inform us of your decision to cancel the relevant Contract.
7.6 Where we have agreed that you may purchase Products on finance through our third party finance provider, Secure Trust Bank Plc, then any credit agreement you have entered into with Secure Trust Bank Plc will be cancelled automatically when you cancel the Contract pursuant to clause 7.1 or clause 7.7.
7.7 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
7.8 We will refund you on the credit card or debit card used by you to pay. If you used gift vouchers to pay for the Products (whether in whole or in part) we may refund you in gift vouchers for the relevant part.
7.9 If any Product has been delivered to you before you decide to cancel the Contract under which that Product has been delivered:
you must return the Product to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the relevant Contract. Our return address is PO BOX 614, Hull, HU9 9PP; and
unless the Product is faulty or not as described (in such circumstance please see clause 7.6 above), you will be responsible for the cost of returning the Product to us.
7.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the relevant Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We deliver to UK postal addresses only.
8.2 Please see here for a list of our offered delivery and collection options and the related timescales. Our aim is to dispatch orders in those timescales. In exceptional circumstances and when an order needs to be specially ordered from a supplier, please allow up to 2-6 weeks for delivery [(this will be mentioned on the Product page)], however in these instances we will be in contract with you to provide you with all information regarding your order and will keep you updated on the progress of your order. We dispatch orders Monday to Friday (excluding public holidays in England) but do not dispatch at weekends. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
8.3 If no one is available at your address to take delivery and the Product(s) cannot be posted through your letterbox or need to be signed for, we, or our chosen delivery services provide, will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.4 Any gift vouchers purchased from us will be sent by email to the email address provided during the order process. Gift vouchers will not be sent by post.
8.5 Delivery under a Contract shall be completed when we (or our chosen delivery services provider) deliver the Products the subject of the relevant Contract to the address (or in the case of gift vouchers, email address) you gave us, or you collect the Products from us. The Products will be your responsibility from that time. It is important that the address (or in the case of gift vouchers, email address) you provide is as accurate and detailed as possible. We do not accept any liability for any loss or damage to the Products once they have been delivered to the delivery address or email address you have specified or once you have collected the Products from us.
8.6 You own the Products once we have received payment in full for the Products, including all applicable delivery charges.
9. Price of Products, Delivery Charges
9.1 The prices of the Products will be as quoted on our website at the time you submit your order and are in pounds sterling. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system and that any applicable voucher codes work as stated. However please see clause 9.5 for what happens if we discover an error in the price of any Products which you have ordered or in the application of a voucher code.
9.2 The prices for our Products may change from time to time, but any changes will not affect any order you have already placed.
9.3 The price of each Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the amount of VAT that you pay to the revised amount unless you have already paid for the relevant Products in full before the change in VAT takes effect.
9.4 The price of each Product does not include any delivery charges. Our delivery charges (if any) are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery and FAQ page.
9.5 Our website contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our website may be incorrectly priced and/or any voucher codes do not work correctly. We will normally check prices and any applied voucher codes as part of our dispatch procedures. In the event that we discover an error in the price of the Products you have ordered (including but not limited to where the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing) and/or if any voucher code has been incorrectly applied we will contact you to inform you of the error and will give you the option of continuing to purchase the relevant Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
9.6 We may send customers individual voucher codes by email from time to time. Any such voucher codes may only be applied to purchases made using the account in respect of which the voucher code was offered and registered. Voucher codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue. Voucher codes have no monetary value and must not be sold or transferred to anyone else. Voucher codes cannot be used in conjunction with any other offer. Any breach of the specific terms of a voucher code may result in an order being rejected or an order being void.
9.7 We may also offer general promotional voucher codes which may apply in respect of any, or certain specified, purchases made through our website. Such promotional voucher codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue. Promotional voucher codes have no monetary value and must not be sold or transferred to anyone else. Promotional voucher codes cannot be used in conjunction with any other offer. Any breach of the specific terms of a promotional voucher code may result in an order being rejected or an order being void.
10. How to Pay
10.1 You can pay for Products using any major debit card or credit card, through PayPal or using a gift voucher code. In some instance you may be able to pay for the Products on finance. Please refer to our Finance page for further information.
10.2 Unless you are paying for the Products on finance, payment for the Products (and all applicable delivery charges) shall be made by you in advance of you receiving the relevant Products, although we will not charge you until we have dispatched the relevant Products.
10.3 We do not accept liability if delivery of any Products is delayed because you have provided us with incorrect payment details.
10.4 If it is not possible to obtain full payment for any Products using the payment details you have provided, we may reject your order. This does not affect your statutory rights.
11. Gift Vouchers
11.1 Any gift vouchers purchased from us can only be redeemed on our website against the purchase of eligible Products listed on our website. Our gift vouchers cannot be used in our high street shops or stores.
11.2 Gift vouchers cannot be used to pay for gift vouchers and cannot be exchanged for cash.
11.3 Gift vouchers are not transferable or assignable.
11.4 If the order exceeds the amount of the gift voucher, the balance must be paid using another gift voucher or an alternative payment method in accordance with clause 10.1.
11.5 Any unused balance will be recorded and redeemable against future purchases, however gift vouchers expire one year from the date of issue, where permissible under applicable law.
11.6 We are not responsible if a gift voucher is lost, stolen, destroyed or used without permission.
12. Pre-Owned Products
12.1 Pre-owned Products are Products which have been previously sold by us or somebody else to another person and shall be as described on our website, in our literature, or by our customer services representatives over the phone.
13.1 Subject to clause 13.2, Products are sold with the benefit of and subject to the terms and any exclusions or limitations set out in any warranty or guarantee given by the manufacturer of that Product as advised to you on the relevant Product page.
13.2 Where the Products are Hugh Rice Diamond Products (“Diamond Products”), subject to clauses 13.3 and 13.4, we warrant that on delivery and for a period of 5 years from the date of the Dispatch Confirmation, the Diamond Products shall be free from material defects.
13.3 The warranty in clause 13.2 does not apply to any defect in the Diamond Products to the extent such defect arises from:
fair wear and tear;
wilful damage, accident, misuse or negligence by you or any third party;
failure by you or a third party to care for the Diamond Products in accordance with the relevant user instructions including those available on our website; or
any alteration, repair or modifications made to the Diamond Products by you or by a third party.
13.4 The warranty in clause 13.2 does not apply in respect of:
defects to pre-owned Diamond Products which have been notified to you before purchasing the Diamond Products; or
any markings or surface damage to pre-owned Diamond Products resulting from wear and tear consistent with the age and use of such pre-owned Diamond Products.
13.5 The warranties in this clause 13 are in addition to, and do not affect, your legal rights as a consumer in relation to any Products that are faulty, defective or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13.6 Unless stated otherwise on the relevant Product page, all claims under a warranty in this clause 13 must be made in writing and sent to PO BOX 614, Hull, HU9 9PP or by e-mail to firstname.lastname@example.org. You must provide us with the original invoice, dispatch note or other proof of purchase when making a claim.
13.7 Following a claim under the warranty in clause 13.1, we will liaise with the manufacturer of the relevant Product who will be responsible for determining whether your claim is a valid claim and (if it is) for determining whether to repair or replace the Product or the faulty component free of charge or provide a refund.
13.8 Following a claim under the warranty in clause 13.2, if we are satisfied that the defect has arisen because of faulty workmanship or materials and the exclusions in clauses 13.3 and 13.4 do not apply we will, at our option, repair or replace the Diamond Product or the faulty component free of charge or provide a refund. If we supply a replacement Diamond Product this warranty shall apply to the replacement Diamond Product for the balance of the warranty period for the original Diamond Product. We are unable to supply a replacement Diamond Product where the claim is in respect of a pre-owned Diamond Product as pre-owned Diamond Products are unique.
14. Our Liability
14.1 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the relevant Contract.
14.2 We only agree to supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
defective products under the Consumer Protection Act 1987.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract to the extent caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, postal delays, protests, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, national emergency, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place which affects the performance of any of our obligations under any Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under the relevant Contract will be suspended and the time for performance of our obligations will be extended for the duration of the relevant Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To do so, please contact us by writing to us at PO BOX 614, Hull, HU9 9PP, by telephoning our Customer Services team at 0800 342 3180 or by e-mailing them at email@example.com. If you opt to cancel, you will have to return (at our cost) any Products you have already received under the relevant Contract and we will refund the price you have paid under that Contract (including any delivery charges).
16. Other Important Terms
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 We may transfer our rights and obligations under any Contract to any third party, but this will not affect your rights or our obligations under these Terms.
16.3 You may only transfer your rights or your obligations under a Contract to another person if we agree in writing. However, you may transfer our guarantee at clause 13 to a person who has acquired the Product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant Product.
16.4 Each Contract is between you and us. No other person shall have any rights to enforce the terms of any Contract.
16.5 Each of the clauses set out in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable (whether in whole or in part), the remaining clauses (or the relevant part) will remain in full force and effect.
16.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.7 Please note that these Terms are governed by English law. This means each Contract for the purchase of Products through our website, and any dispute or claim arising out of or in connection with it, will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.
17.1 We are committed to providing high-quality services to all of our customers. However, we understand that occasionally things can go wrong. If you wish to make a complaint you can do this by contacting us in accordance with clause 1.3. In addition, please note that disputes may be submitted for online resolution to the Online Dispute Resolution platform, via the following link: http://ec.europa.eu/consumers/odr/
18.1 For all competitions run by Hugh Rice Ltd, we will notify the winner when the prize will be collected. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. The closing date will be advertised. There is no entry fee and no purchase necessary to enter any competition. All prizes are as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.