This is the Sparkling Lights website (“Website“) which is owned, operated and maintained by The Corporate Christmas Tree Company Limited (“we“, “us“). We are registered in Scotland under company number SC183535 with a registered office at Unit 4 Ruthvenfield Avenue, Inveralmond Industrial Estate, Perth, Scotland, PH1 3WB.
The use of this Website is subject to the following terms and conditions which set out the rules for how we run the Website and which you should read carefully. By using this Website you acknowledge that you have read and you agree to be legally bound by and comply with these terms and conditions. if you do not agree to these terms and conditions, you must not use our Website or place orders for goods via our Website.
We reserve the right to change the contents of this Website, including these terms and conditions at any time without notice by posting such changes on the Website. The changes to these terms and conditions will only apply to new orders placed through our Website and not existing orders. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified terms and conditions.
Part A of these terms and conditions apply to the purchase of Products (as defined below) through our website or by telephone. Where you are a consumer customer, nothing in these terms and conditions affects your statutory rights.
Part B of these terms and conditions apply to business orders for Bespoke Services (as defined below) made over email or by telephone. These terms apply in addition to those terms set out at Part A, save for where otherwise expressly stated in the terms.
Part C of these terms and conditions apply to the use of our website, whether or not Products are purchased.
PART A – Purchase of Products
1 Orders
1.1 These terms and conditions apply to the contract between you and us for the purchase or goods from our Website and also when you place Orders with us via telephone (“Products”).
1.2 You may place an Order for Products on our Website or by telephone. We are under no obligation to accept your Order (whether or not the Order has been confirmed and the credit card been charged). We will send you an Order confirmation email detailing the Products you have ordered. This is not an Order acceptance. For Products being delivered to you, when your Product is shipped from our warehouse we will send you a despatch confirmation email. Order acceptance will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your Order, or you have cancelled it.
1.3 If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Products. This might be because the minimum order value has not been met, Products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Products, because we are unable to take payment from you or because we are unable to meet a delivery deadline you have specified.
2 Products
2.1 Although we have made every effort to display the colours of our Products accurately on our Website, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 We may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
2.3 Each Product purchased is sold subject to its “Product Description” (which can be found on the relevant product page) and which sets out certain additional specific conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
3 Delivery
3.1 Please see our delivery information page (https://sparklinglights.co.uk/delivery-returns-and-refunds/) for more information and terms that relate to delivery of your Order.
3.2 We aim to deliver Products in accordance with the timeframes set out in our delivery terms (see link above) or such other period that is displayed on the Website for the Product you are purchasing. Unless you are pre-ordering a Product with a long lead time, we will inform you as soon as we can if we are unable to deliver in accordance with the time period stated on our Website and you may agree an alternative delivery period or you may cancel the order. 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.
3.3 Delivery Charges – non UK customers
Should you decide to return goods to us, or they are returned to us for any other reason (for example non-payment of duty or VAT, unable to deliver etc), delivery charges to non UK customers will not be refunded, except in the case of faulty goods. In addition, if goods are returned to us as a result of non payment of VAT or other tax, we will deduct the costs of returning the goods to us from your refund.
3.4 EU Customers – VAT and Customs Duty
For customers based in the Republic of Ireland and other EU countries, VAT and customs duty will now be payable before you receive your parcel(s). The courier will declare goods on your behalf and will collect duties and taxes from you in advance of delivery, and will contact you by email to arrange payment. Should any outstanding duty and tax not be paid by you, the goods will be returned to us automatically in due course – as per above, due to the high costs incurred to us, we are unable to return the delivery cost part of your order, while in addition we will deduct the costs of returning the goods to us from your refund. If you wish to have the goods sent out to you again, we will charge you a subsequent delivery charge.
4 Quality
4.1 Our standard guarantee period is 12 months on all Products in their original state as sold. If you have a fault with your Product please contact [Sparkling Lights on 03332 406130 or info@sparklinglights.co.uk] and we will deal with the matter in accordance with your legal rights. If we can’t repair your item, we will replace it with an item of equivalent specification. If your original product is no longer available, we’ll discuss an alternative settlement with you and always do our very best to reach a satisfactory outcome.
4.2 If you are a business customer, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract between us for the supply of Products.
5 Ownership and risk
5.1 Risk in the Products passes to you when the Products are delivered to the delivery address stipulated in your Order. We accept no responsibility for any damage or loss to the Products after risk passes. Please ensure on delivery that the Products are undamaged. If they are damaged you need to notify us straight away, and in any event within 24 hours of delivery. You should keep your delivery note and packaging.
5.2 You will own the Products once we have received payment in full and they have been delivered to you.
6 Defective Products, returns and exchange
Please see our returns page for more information and additional terms that apply to refunds and exchanges: https://sparklinglights.co.uk/delivery-returns-and-refunds/
6.1 If you think there is something wrong with your Product, you must contact our Customer Service Team: info@sparklinglights.co.uk. We honour our legal duty to provide you with products that are as described to you on our Website and that meet all the requirements imposed by law. If you are a consumer customer, you also have certain legal rights that can be found by visiting the Citizens Advice website at www.citizensadvice.org.uk.
6.2 If the Products are defective, incorrect or damaged on delivery, please notify us as soon as you become aware of any problem, and no later than 24 hours from discovery, and return the Products to us.
6.3 Where you are entitled to a refund, refunds will be made (less any applicable discount) by re-crediting your payment card account from which the money was originally debited or the other payment method you used. All refunds will be made within 28 days of us receiving the returned Products or upon evidence that you have returned the Products to us. Please note that your own bank or payment provider may take a further few days to return the money to your account.
6.4 A full refund will be issued if the Products are returned with no sign of unreasonable use which would lead to the diminished value of the Products. If you are a consumer customer in the UK, we’ll refund the standard delivery charge, provided you return the full order. If you’re only returning some of the items on your order, then we will only refund the cost of those items and not the original delivery cost. If you are a business customer, you will not be entitled to a refund of delivery costs.
6.5 Where a Product has been made to your specification and personalised for you, a bespoke order, or ordered from another source on your behalf, unless faulty, we’re unable to refund or offer an exchange.
7 Hire of goods
7.1 If you are hiring Products from us, you will be subject to our separate hire terms which will be provided to you after you place your Order.
8 Price and payment
8.1 The prices for Products are set out on our Website. The prices for Products are exclusive of VAT and delivery charges. Delivery charges are as set out in the check out process and vary depending on your delivery postcode or country along with weight and size of the Products ordered.
8.2 In the event Products are listed at an incorrect price due to a typographical error, we will notify you of the correct price by contacting you and we will give you the choice of either purchasing the Products at the correct price or cancelling your Order. If you confirm you want to purchase the Products at the corrected price we will deliver the Product to you. If payment has been charged for the purchase and you subsequently cancel your Order on the basis of the Products being listed at an incorrect price we will issue a refund.
8.3 Payments must be made by BACS, credit, debit card or Paypal accounts, or such other payment methods that are listed on our Website, and we shall not despatch any Products until we receive confirmation of payment. Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.
8.4 If the rate of VAT changes between your Order date and the date we supply the Products, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
8.5 If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
9 Limitation of liability for consumer customers
NB: if you are a consumer customer, this provision will apply and you should read it carefully.
9.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for any defective Products under the Consumer Protection Act 1987.
9.3 We are not liable for business losses We only supply the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10 Limitations of liability for business customers
NB: this provision will only apply if you are a business customer,
Nothing 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 misrepresentation;
(c) defective products under the Consumer Protection Act 1987; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10.2 We are not liable whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this contract for: any loss of profit, sales, loss of business, business interruption, or loss of business opportunity.
10.3 Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the price paid by you for the Products.
10.4 We do not give any representation, warranties or undertakings in relation to the provision of the Products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
10.5 If you seek to cancel your Order with us, you must notify us in writing of such cancellation within 2 days of delivery. You must return the Products to us within 5 days of this notification.
11 Your right to cancel our contract
11.1 This clause 11 applies if you are a consumer customer. If you are a consumer you may cancel your Order for Products at any stage before the Products are despatched and up to 14 calendar days after Products are delivered. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the Order you wish to cancel and, where available, your phone number and email address. Our cancellation form can be found at: https://sparklinglights.co.uk/delivery-returns-and-refunds/. You can cancel by email: info@sparklinglights.co.uk or call 03332 406130.
11.2 You must return the Products to us within 7 days of this notification, or provide evidence of the Products having been returned. We will (at your option) exchange the Products or refund you the amount paid for the Products provided that the Products are complete, unused, in ‘as new’ condition. We hold the right to reduce the amount of money refunded should the Products returned show evidence of use beyond the handling necessary to see whether the Products are as expected, or if you do not return the Products to us in accordance with the time periods set out in this paragraph.
11.3 If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation. If your goods are returned to us in an unsaleable condition (i.e. used or damaged), then we will contact you to offer the option to have the item returned to you at your own expense. If we do not receive instructions from you within 30 calendar days, then we reserve the right to dispose of the item(s).
11.4 We will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
12 Our rights to cancel the contract
12.1 We reserve the right to the right to cancel any Order prior to despatch. If an Order is cancelled by the us, we will make a refund to you of any payments made in respect of the Order and you will have no further liability to make any payments to us.
12.2 We may also cancel an Order if:
(a) you fail to pay any amount due to us in respect of that Order on the due date for payment;
(b) you don’t, within a reasonable time, allow us to deliver the Products to you; or
(c) you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Product, for example your delivery details.
13 Events beyond our control
We shall not be liable to you for any delay in, or failure of, performance of our obligations under these terms and conditions arising from any cause beyond our reasonable control including, but not limited to, any of the following: act of God, governmental act, war, fire, flood, epidemic or pandemic, explosion or civil commotion, strikes, failure in information technology or telecommunications services, failure of a third party (including failure to supply data or a failure in our supply chain) and industrial action (a “Force Majeure Event”).
14 Personal Data
We use your personal data as set out in our privacy notice, which can be found here: https://sparklinglights.co.uk/delivery-returns-and-refunds/
15 Other important terms
15.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract. You can only transfer your contract with us to someone else if we agree to this.
15.2 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
15.3 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
15.5 Governing law and jurisdiction. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
PART B – Terms and Conditions for Business Customers
These terms and conditions apply to business orders for Bespoke Services (as defined below) made by email or by telephone. These terms apply in addition to those terms set out at Part A, save for clauses 1, 2, 3, 9,11 and 14, which do not apply to business customers. In the event of any conflicts between this Part B and Part A, the provisions of Part B shall prevail to the extent of such inconsistency or conflict.
1 Orders
1.1 These terms and conditions apply to the contract between you and us for the purchase of Products from our Website and also when you place Orders with us via telephone for all or a combination of the following:
(a) pre-dressing or ordering, designing or manufacturing of Products to an agreed specification, which may include 3D visualisations to assist you in the design element of the project (subject to on-site surveys);
(b) installation of Products (including a review of the Delivery Location prior to installation for us to fully ascertain your requirements prior to installation);
(c) removal of Products; and
(d) storage of Products following removal from your installation location (“Storage Services”),
(multiple of these being the “Bespoke Services”, each a “Bespoke Service”).
You are under no obligation to order from us all Bespoke Services and can choose which Bespoke Services you wish to receive from us in addition to the ordering of Products.
1.2 You may place an Order for Bespoke Services on our Website or by telephone. We are under no obligation to accept your Order (whether or not the Order has been confirmed and the credit card been charged). We will send you an Order confirmation email containing a statement of work detailing the Bespoke Services you have ordered from us and the respective costs (“SOW”). Your order will be considered accepted once you receive back from us a signed and dated SOW.
2 Bespoke Services
2.1 We shall:
(a) use reasonable endeavours to supply the Bespoke Services, and deliver the Products in accordance with these Terms;
(b) use reasonable endeavours to meet dates specified in the SOW but any such dates shall be estimates only and time for performance by us under these Terms shall not be fixed;
(c) comply with all applicable laws in the performance of the Bespoke Services.
2.2 You shall:
(a) co-operate with the us in all matters relating to the Bespoke Services;
(b) provide, for us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Delivery Address and facilities as required by us in order for us to provide the Bespoke Services; and
(c) inform us of all health and safety and security requirements that apply at the Delivery Address.
2.3 Changes to the Bespoke Services required as a result of changes to applicable laws shall be communicated to you in writing in accordance with clause 9.1 of this Part B.
2.4 In respect of the Bespoke Services, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.
3 Delivery
3.1 Please see our delivery information page https://sparklinglights.co.uk/delivery-returns-and-refunds/ for more information and terms that relate to delivery of your Order.
3.2 Delivery dates contained within the SOW are estimates only and time for delivery shall not be fixed. Should delivery of a Bespoke Service be delayed we will notify as soon as practicable. For large orders, delivery of the Products may be split over different delivery dates.
3.3 Delivery Charges – non UK customers
Should you decide to return goods to us, or they are returned to us for any other reason (for example non-payment of duty or VAT, unable to deliver etc), delivery charges to non UK customers will not be refunded, except in the case of faulty goods.
3.4 EU Customers – VAT and Customs Duty
For customers based in the Republic of Ireland and other EU countries, VAT and customs duty will now be payable before you receive your parcel(s). The courier will declare goods on your behalf and will collect duties and taxes from you in advance of delivery, and will contact you by email to arrange payment. Should any outstanding duty and tax not be paid by you, the goods will be returned to us automatically in due course – as per above, due to the high costs incurred to us, we are unable to return the delivery cost part of your order. If you wish to have the goods sent out to you again, we will charge you a subsequent delivery charge.
4 Installation and removal
4.1 This Clause 4 applies only in the event you wish to purchase Installation Services as part of the Bespoke Services you purchase from us.
4.2 Upon receiving your Order we may send a representative to the Delivery Address to scope the site to confirm the Products you have ordered will meet your requirements. During this visit our representative will measure the areas intended for Product placement, take photographs if required and confirm the machinery and fixings required for the installation of the Products.
4.3 Following delivery of the Products to the Delivery Address, a third party as authorised by us will install the Products to our agreed specification (“Installation Services”) on the date for installation of the Products as set out in the SOW or as may be agreed between the parties (the “Installation Date”).
4.4 We will notify you of how many days will be required for the Installation Services. The cost of the Installation Services is fixed and in the event the number of days taken to install your Product is less than that originally outlined to you, you will not be entitled to a proportionate discount to reflect the reduced number of days.
4.5 Subject to Part B, Clause 3.2, the Installation Date and Installation Services are fixed and cannot be amended at your request, except in the event of a Force Majeure Event.
4.6 We shall use reasonable endeavours to observe all health and safety and security requirements that apply at the Delivery Address as may be communicated to us by you when placing your Order, provided that we shall not be liable under these Terms if, as a result of such observation, we are in breach of any of our obligations under this agreement.
5 Storage Services
5.1 On removal of your Products from the Installation Location we will package your Product and store this at one of our storage locations which will be notified to you upon your purchase of the service, for such a term as is set out in the SOW. Upon expiry of this term you may either:
(a) Enter into a new SOW with us to provide Bespoke Services;
(b) Notify us in writing that you will collect your Products, specifying the date that you intend to collect them, such date being no later than the last day of the month in which the term of Storage Services ends. Failure to collect your Products on such date will result in further charges being due and payable for the period of additional Storage Services; or
(c) Notify us in writing you require delivery of your Products to a specified location. Delivery of your Products will be subject to charges which will notified to you and payable in advance of delivery.
5.2 You may terminate your Storage Services at any time on 7 days’ notice to us. Such notice shall be delivered to us in writing. In the event you wish to terminate your Storage Services early you will be required to collect your Products on the date specified in your notice. You will not be entitled for a refund of any fees paid up front in respect of the Storage Services.
6 Price and payment
6.1 We shall provide you with a price breakdown for your Bespoke Services in the SOW provided in your Order Confirmation, the price breakdown is inclusive of VAT will include the cost of each Bespoke Service and its description.
6.2 Payment due in respect of Products, installation and removal will be payable by you in accordance with Part A, Clause 8, save for where other terms are agreed between the parties in the SOW.
6.3 In respect of Storage Services, the price stated will be for such time period as agreed between us for the storage of the Products and shall be paid in advance and then on the anniversary of the start date of the SOW each consecutive year.
7 Cancellation of or amendments to our contract
7.1 Upon acceptance of your Order in accordance with Part B, clause 1.2 we are unable to cancel your order. In the event you wish to make any changes to your Bespoke Services, changes to the Products only can be made up until 14 business days prior to your Installation Date, changes requested after this period may not be possible and will be subject to a fee of10% of your total Order value (“Amendment Fee”).
7.2 All change requests will need to be submitted to us in writing and are not considered approved and final until we have confirmed acceptance of these changes in writing.
7.3 Amendment Fees will be payable by you immediately upon our confirmation that your change request is possible. Failure to make such payment of the Amendment Fees will result in us not making the requested changes to your Order.
7.4 Changes to Installation Services and the Installation Date cannot be made.
7.5 The termination of the contract for any reason shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
8 Assignment
8.1 We may assign, or deal in any other manner with, the contract or any part of it, including sub-contracting any of its obligations under the contract to any third party or agent.
8.2 You shall not be entitled to assign, or deal in any other manner with, the contract or any part of it, including sub-contracting any of its obligations under the contract, without our prior written consent.
9 Notices
9.1 Any communication between the parties about this contract shall be in writing, in English, and delivered personally, sent by pre-paid registered post or recorded delivery or by email and be addressed to the relevant contact outlined in the SOW.
PART C – Website Terms of Use
1 Copyright
All Website design, text, graphics, images and the selection and arrangement of them are either Copyright of The Corporate Christmas Tree Company Limited, or its third party licensors. All rights, save as expressly granted, are reserved to the Corporate Christmas Tree Company Limited.
2 Trademarks
2.1 This Website contains registered and unregistered trade marks belonging to Corporate Christmas Tree Company Limited and other companies in our group of companies. The unregistered trade marks include graphics, logos, words, phrases and icons contained on this Website. No rights are granted in respect of any of the above trade marks. If you are in doubt whether an item is a trade mark of Corporate Christmas Tree Company Limited or a our group company, please contact us for clarification at the address below.
2.2 All other product names, company names, marks, logos and symbols referenced in the Website may be the trade marks of third parties.
3 Prohibition of use of website content
Please do not use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, post, reutilise, redistribute, retransmit, broadcast, extract, alter or store all or any of the contents of the Website including but not limited to any trademarks or copyrighted material as referred to in paragraphs 1 and 2 above without our, or the relevant third party’s, express permission (although you may download and print out pages from the Website for the sole purpose of viewing for your own personal information). You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
4 Disclaimer of content
4.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an “as is” basis and we give no warranty and make no representation, express or implied, regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
4.2 The information contained on the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to Ordering any products from us that they are suitable for your purposes. Orders will be subject to the Terms and Conditions contained in Part A above.
4.3 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for legal or other professional advice on your specific requirements.
4.4 If you are a business customer, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website including without limitation under any delict including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise:
4.4.1 any indirect, special or consequential losses;
4.4.2 in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
4.4.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
4.4.4 loss or damage to your, or any third party’s, data or records.
5 Log-in details
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
6 Virus protection
6.1 Access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses.
6.2 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
6.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7 Exception to disclaimer of content (paragraph 4) and limitations of liability (paragraph 14)
7.1 We do not seek to exclude or limit our liability to you in any way where it would be unlawful to do including for:
7.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractor;
7.1.2 fraud or fraudulent misrepresentation;
7.1.3 any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982; or
7.1.4 any liability arising under the Consumer Protection Act 1987.
7.2 If you are a business customer, except as expressly provided in these Terms and Conditions we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
8 Links to third party websites
8.1 The use of third party websites is entirely at your own risk. Links contained on the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
8.2 These Terms and Conditions do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
8.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.