Terms Of Sale
These Terms of Sale, together with any and all other documents referred to in these terms, set out the terms under which Services or Goods are sold and provided by Us through this website, www.brilliantbricks.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services or Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Services or Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services or Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Contract”||means a contract for the purchase and sale of Services, as explained in Clause 8;|
|“Goods”||means any goods you purchase through from Us through our Site as specified in your Order (and confirmed in Our Order Confirmation);|
|“Order”||means your order for the Services and/or Goods;|
|“Order Confirmation”||means our acceptance and confirmation of your Order;|
|“Services”||means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and|
|“We/Us/Our”||means Brilliant Bricks UK Limited, a company registered in England under 12977349, whose registered address is Fountain Cottage, 21 Bell Road, Haslemere, Surrey, GU27 3DQ, United Kingdom|
2. Information About Us
2.1 Our Site, www.brilliantbricks.co.uk, is owned and operated by Brilliant Bricks UK Limited, a limited company registered in England under 12977349, whose registered address is Fountain Cottage, 21 Bell Road, Haslemere, Surrey, GU27 3DQ, United Kingdom.
2.2 We are a member of The Institute of Children’s Activity Providers.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
Consumers may only purchase Services or Goods through Our Site if they are at least 18 years of age.
5. Services, Goods, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the Services and Goods available from Us correspond to the actual Services and Goods that will be provided to you, however please note
- a) that the exact nature of the Services may vary depending upon your individual requirements and circumstances;
- b) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
- c) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
5.2 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
5.3 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services or Goods, not to different Services or Goods altogether.
5.4 We neither represent nor warrant that all Services or Goods will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are provided on Our Site however, such indications may not take into account orders that have been placed by other customers during your visit to Our Site.
5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 5.9 regarding VAT, however).
5.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services or Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of the same in writing.
5.7 In the event that the price of the Services or Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
5.8 Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to Our Site. Delivery options and related charges will be presented to you as part of the order process.
5.9 All prices on Our Site are VAT exempt and therefore are the final price you will pay.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
6.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
6.3 Order Confirmations shall contain the following information:
6.3.1 Confirmation of the Services or Goods ordered including full details of the main characteristics of those Services or Goods; and
6.3.2 Fully itemised pricing for the Services or Goods ordered including, where appropriate, delivery, taxes and other additional charges.
6.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
6.5 If you change your mind, you may cancel your Order or the Contract before or after We begin providing the Services subject to these Terms of Sale. For details of your cancellation rights, please refer to Clauses 11 and 12.
6.6 We may cancel your Order at any time before We begin providing the Services or Goods in the following circumstances:
6.6.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
6.6.2 An event outside of Our control continues for more than two weeks (please refer to Clause 16 for events outside of Our control).
6.6.3 The Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
6.7 If We cancel your Order under sub-Clause 6.6 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days. If We cancel your Order, you will be informed by telephone or email and the cancellation will be confirmed in writing by email.
6.8 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Services.
7.1 Payment for the Services or Goods will be due in the form of an advance payment of 100% of the total price for the Services or Goods. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
7.2 We accept the following methods of payment on Our Site:
7.2.1 Debit cards;
7.2.2 Credit cards;
7.2.3 PayPal transfers.
7.3 We do not charge any additional fees for any of the payment methods listed in clause 7.2.
8. Provision of the Services
8.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the children’s activity sector, and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services at the sessions for which you have booked when you make your Order (which We shall confirm in the Order Confirmation). Please note that if the Services / session you have booked begins within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clauses 11 and 12 for more details on your cancellation rights, including the cooling off period. We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
8.2 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by telephone or email before suspending or interrupting the Services.
8.3 If the Services are suspended or interrupted under clause 8.2 you will not be required to pay for them during the period of suspension, and We will provide you with a refund.
9.Delivery of Goods
9.1 Please note that delivery is only possible within the United Kingdom.
9.2 When We send you an Order Confirmation for any Goods purchased, We will provide You with an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods and your location. In any event, subject to any circumstances beyond Our control, and subject to any longer period to which you agree when placing your Order (for Goods that We stock only on demand, for example), Goods will be delivered to you no more than 30 calendar days after the date that the Contract is formed.
9.3 If you indicate when placing your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our Order Confirmation, during Our business hours of 10am – 4pm.
9.4 Delivery will be deemed to have taken place when the Goods have been received at your chosen delivery address or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
9.5 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in clause 9.4 at which point it will pass to you.
9.6 You own the Goods once We have received payment in full for them.
10. Faulty, Damaged, or Incorrect Goods
10.1 This clause 10 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
10.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
- a) Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
- b) If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
- c) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
- d) If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
- e) Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.
10.3 Please note that you will not be eligible to claim under this clause 10 if:
- a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
- b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
- c) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or
- d) The problem(s) is/are the result of normal wear and tear; or
- e) You have changed your mind (please refer to clauses 11 and 12).
10.4 If there is a problem with the Goods, please contact Us using the details provided below in clause 11.2.
10.5 If you exercise your legal right to reject the Goods, you must return them to Us.
10.6 To return Goods to Us for any reason under this clause 9, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided below in clause 11.2 for a return label or to arrange collection.
11. Your Legal Right to Cancel (Cooling Off Period)
11.1 If you are a consumer, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
11.2.1 Telephone: 07929 948823
11.2.2 Email: firstname.lastname@example.org
11.2.3 Post: Fountain Cottage, 21 Bell Road, Haslemere, Surrey, GU27 3DQ, United Kingdom
11.3 As specified in clause 8.1, if the booked session is due to take place within the cooling off period you are considered as requesting that the Services can commence within the cooling off period. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
11.3.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
11.3.2 If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel. For example, if you booked two sessions and one had been attended and the other was due in 3 weeks’ time, then we can refund to You the un-attended session, but not for the session that had been attended. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 14 calendar days after you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.
11.4 Please note that the right to cancel may not apply in the following circumstances:
- a) If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
- b) If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
- c) If the Goods are likely to deteriorate quickly, for example, flowers or food;
- d) If the Goods have been personalised or custom-made for you;
- e) If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
11.5 We will cover the costs of returning the Goods to Us in the following circumstances:
- a) The Goods are faulty or misdescribed;
- f) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
- g) You are cancelling and ending the Contract because We have made an error in the price or description;
- h) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
- i) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time.
11.6 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
11.7 If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.
12. Cancellation After the Legal Cancellation Period
12.1 Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms provided and confirmed in Our Order Confirmation.
12.2 If you wish to cancel under this Clause 12, you must inform Us of your decision to do so. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Order Confirmation. If you would prefer to contact Us directly, please use the following details:
12.2.1 Telephone: 07929 948823
12.2.2 Email: email@example.com
12.2.3 Post: Fountain Cottage, 21 Bell Road, Haslemere, Surrey, GU27 3DQ, United Kingdom
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 You may be entitled to cancel immediately by giving Us written notice in the following circumstances:
12.4.1 We breach the Contract in a material way and fail to remedy the breach within 7 days of you asking Us to do so in writing; or
12.4.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or
12.4.3 We change these Terms of Sale to your material disadvantage; or
12.4.4 We are adversely affected by an event outside of Our control that continues for more than one month (as under clause 16.2.5).
12.5 Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs, such as birthday party preparations). Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums. Details of the relevant terms will be provided and confirmed in Our Order Confirmation. If you are cancelling due to Our failure to comply with these Terms of Sale or the Contract, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
12.6 Refunds under this Clause 12 will be issued to you within 14 calendar days after the date on which you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.
13. Our Rights to Cancel
13.1 We may cancel the Services after We have begun providing them due to an event outside of Our control that continues for more than 2 weeks (as under clause 16.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling the contract. Such sums will be deducted from any refund due to you and if you have already made any payment to us, such sums will be refunded to you.
13.2 Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 30 calendar days written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
13.3 Refunds due under this Clause 13 will be issued to you within 14 calendar days after the day on which We inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Services.
13.4 We may cancel immediately by giving you written notice if You breach the contract in a material way and fail to remedy the breach within 7 days of Us asking you to do so in writing.
14. Problems with the Services and Your Legal Rights
14.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via email at firstname.lastname@example.org.
14.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
14.3 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you.
15. Our Liability
15.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
15.2 We make no warranty or representation that the Services or Goods are fit for commercial, business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
15.3 If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.
15.4 Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
15.5 Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
15.6 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
16. Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
16.2 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
16.2.1 We will inform you as soon as is reasonably possible;
16.2.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
16.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
16.2.4 If the event outside of Our control continues for more than 2 weeks We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
16.2.5 If an event outside of Our control occurs and continues for more than one month and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site. If you would prefer to contact Us directly to cancel, please use the following details:
Telephone: 07929 948823;
Post: Fountain Cottage, 21 Bell Road, Haslemere, Surrey, GU27 3DQ, United Kingdom;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
17. Communication and Contact Details
If you wish to contact Us with general questions or complaints, for matters relating to our Services or Goods or for matters relating to cancellations you may contact Us by telephone at 07929 948823, by email at email@example.com, or by post at Fountain Cottage, 21 Bell Road, Haslemere, Surrey, GU27 3DQ, United Kingdom.
18. Complaints and Feedback
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
18.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
18.2.1 In writing, addressed to Sarah Earis, Fountain Cottage, 21 Bell Road, Haslemere, Surrey, GU27 3DQ, United Kingdom; or
18.2.2 By email, addressed to Sarah Earis at firstname.lastname@example.org;
19. How We Use Your Personal Information (Data Protection)
20. Other Important Terms
20.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
20.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
20.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
20.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
20.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least 14 days written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 12.4.3.
21. Law and Jurisdiction
21.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
21.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
21.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.