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    TERMS & CONDITIONS

    We are Rose Cardinal – Royale Maps Limited a company registered in the Isle of Man under company number 131363C and with our registered office at Barbican House, 8-10 Malew Street, Castletown, IM9 1AB, Isle of Man. We operate the website www.rosecardinal.com (our website or site).

    This page (together with our Privacy policy), gives you information about us and the legal terms and conditions (Terms) on which we sell any of the Goods listed on our website to you.

    Rose Cardinal are committed to providing you with Terms which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these Terms. For more information on your legal rights, contact your local Trading Standards Office or Citizens Advice Bureau or any equivalent organisation in your country (if any).

    These Terms will apply to any contract between us for the sale of Goods to you (Contract). Before ordering any Goods from our site please read these Terms carefully and make sure that you understand them. 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 Goods from our site.

    We amend these Terms from time to time as set out in clause 5. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.

    These Terms, and any Contract between us, are only in the English language.

     

    0.1 Definitions
    “We”/”us”/”Rose Cardinal” means Rosecardinal.com via Royale Maps ltd, the seller of the Goods. “You”/”your”/”customer” means the customer acting as a consumer. “Dispatch Confirmation” means the date on which we e-mail you to confirm our acceptance of your order and dispatch of the Goods. “Goods”/”Item” means the items which we agree to sell you.
    0.2 Use of our site
    Your use of our site is governed by our Terms of Website Use below. Please take the time to read these, as they include important terms which apply to you.
    0.3 How we use your personal information
    We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
    0.4 Contacting us
    4.1 If you are a customer based in the EU and wish to cancel a Contract in accordance with your legal right to do so please see clause 8.
    4.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by:e-mailing us.
    4.3 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.
    4.4 The European Online Dispute Resolution platform https://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute about an online purchase which Rose Cardinal cannot resolve. For more information please contact us.
    0.5 Terms of sale and our right to vary such terms
    5.1 These Terms shall apply to all Contracts for the purchase of Goods by you from us, to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These Terms supersede all previous agreements and understandings between us.
    5.2 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
    5.3 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
    5.4 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
    5.5 If we have to revise these Terms between the time you place your order and when we send you Dispatch Confirmation, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
    0.6 Placing an order
    6.1 Our shopping pages 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.
    6.2 All orders are subject to acceptance and availability. When placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Goods.
    6.3 After you place an order, you will receive an order confirmation email from us acknowledging that we have received your order. This email is not an acceptance of your order, just a confirmation that we have received your order. Our acceptance of your order will take place as described in 6.4 below.
    6.4 We will confirm our acceptance of your order to you by sending you an email that confirms that the Goods have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation. Only Goods dispatched will be included in the Contract.
    6.5 When placing your order we carry out a standard pre-authorisation check on your payment card. Payment will not be taken until your order has been accepted and a Dispatch Confirmation been sent. The only exception is a telephone sale which is charged at point of purchase. These funds will not be available for your use. The hold will stay on your card until payment of the goods is processed on dispatch of your order. If you cancel your order prior to dispatch we will release the hold. Please note that your bank may take up to 30 days to release the pre authorised funds.
    6.6 We may choose not to accept your order in our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order include where the Goods ordered are out of stock or are incorrectly priced or do not satisfy our quality control standards, or where payment has been declined. We will inform you if we choose not to accept your order by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible. In the unlikely event that an item from your order is unavailable, it will not be substituted for an alternative product and you will not be charged for the item.
    6.7 To protect our customers we regularly perform random security checks on online orders. If your order has been selected for review, you will be required to provide a bank authorisation code and/or utility bill so we can verify your details. This security policy is in place for your protection.
    0.7 Cancelling an order
    7.1 As the Contract between us is not formed until we send you the Dispatch Confirmation, you may cancel an order at any time before we send you the Dispatch Confirmation by contacting us.
    7.2 Please refer to clause 8 for further details on what to do if you wish to cancel the Contract after Dispatch Confirmation has been issued and to clause 9 for our returns and exchanges policy.
    0.8 Cancelling a contract under the consumer contracts regulations
    8.1 This clause 8 only applies to customers based in the EU and who wish to cancel a Contract under the Consumer Contracts Regulations 2013 (or equivalent local legislation).
    8.2 You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out in clause 8.3 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an item you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office or equivalent body (if you live outside the UK).
    8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order and dispatch of the Goods), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the last item in that Dispatch Confirmation.
    8.4 To cancel a Contract, you just need to let us know that you have decided to cancel by a clear statement. The easiest way to do this is to email us. Your cancellation notice by e-mail is effective from the date you send us the e-mail.
    8.5 If you cancel your Contract we will:
    (a) refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop or which is beyond what is necessary to establish the nature characteristic and functioning of the Goods. See clause 9.2 for information about what handling is acceptable and examples;
    (b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs 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 an item within 2 working days at one cost or for free but you choose to have the item delivered the next day or on a Saturday at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
    (c) make any refunds due to you without undue delay and in any event within the deadlines indicated below:
    (d) if you have received the item, 14 days after the day on which we receive the item back from you or, if earlier, the day on which you provide us with evidence that you have sent the item back to us. For information about how to return an item to us, see clause 8.8;
    (e) if you have not received the item, 14 days after you inform us of your decision to cancel the Contract.
    8.6 If you have returned the Goods to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.
    8.7 We will refund you on the original method of payment.
    8.8 If an item has been delivered to you before you decide to cancel your Contract:
    (a) then you must return it 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 Contract. Please see clause 8.9 for our returns address and further returns information. Please note that we may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earlier;
    (b) unless the item is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the item to us.
    8.9 All items cancelled under the Consumer Contracts Regulations 2013 should be returned to address below:
    Website Return Address: Rose Cardinal returns, Barbican House, 8-10 Malew Street, Castletown, IM9 1AB, Isle of Man. You should return your items via a secure and insured delivery service as Rose Cardinal cannot accept responsibility for Goods not received and a proof of signature will be required to confirm receipt. We recommend you keep your tracking number until your refund has been processed.
    8.10 We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office or equivalent body (if you live outside the UK).
    8.11 Where an item which you wish to return is received by us 14 days after the day on which you let us know that you wish to cancel the Contract under the Consumer Contracts Regulations 2013 we will issue you with a gift card for the appropriate amount.
    8.12 Our free UK returns service, which is offered to UK customers, is not available for orders cancelled under the Consumer Contracts Regulations 2013 i.e. If a UK customer informs us of their decision to cancel the Contract under the Consumer Contracts Regulations 2013 or uses the cancellation form, the customer will not then be able to use our free UK returns service.
    0.9 Refunds, exchanges and returns
    9.1 REFUNDS
    (a) If you want to return an item for a refund via the original form of payment, you can do so by returning the item:
    Rose Cardinal returns, Barbican House, 8-10 Malew Street, Castletown, IM9 1AB, Isle of Man.
    within 14 days of receipt. If you are a UK customer you can use our free UK returns service. For returns outside of the UK, you are able to return your order, however the cost of is the customer’s responsibility.
    (b) Any items received or returned to us after this 28 day period will not be refunded and will be returned to you.
    (c) We will refund you on the original method of payment.
    (d) If you are an EU customer you also have a right to cancel a Contract under the Consumer Contracts Regulations 2013. Please see clause 8 for more information.
    (e) Please see the returns section below and our Returns page for further details on how you can return an item for a refund.
    (f) Please note that unless you are a UK customer using our free UK returns service, all return postage costs are your responsibility.
    (g) If you have returned the Goods to us because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.
    9.2 EXCHANGES
    (a) If you want to exchange an item for a different size or colour you can do so by returning the item:
    Rose Cardinal returns, Barbican House, 8-10 Malew Street, Castletown, IM9 1AB, Isle of Man.
    within 28 days of receipt. Any items received after this 28 day period will not be accepted for an exchange. If you are a UK customer you can use our free UK returns service.
    (b) If a different item is required for the exchange a separate order will have to be made.
    9.3 RETURNS
    (a) Rose Cardinal cannot accept responsibility for Goods not received and a proof of signature is required to confirm receipt. We recommend you keep your tracking number until your refund or exchange has been processed.
    (b) Please note that unless you are a UK customer using our free UK returns service, all return postage costs are your responsibility. Returns hand carried to Rose Cardinal returns, Barbican House, 8-10 Malew Street, Castletown, IM9 1AB, Isle of Man, will not be accepted due to security reasons.
    (c) If you have returned the Goods to us because they are faulty, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.
    (d) Your delivery costs will be refunded in the following circumstances:
    If you cancel your order before dispatch. If you return a faulty item. If we cancel your order due to stock availability or because the product is faulty on dispatch. If you choose to cancel your order under the Consumer Contracts Regulations (in which case we will refund you the value of our least expensive /Standard delivery method). Please see section 8 for more information on how to cancel under the Consumer Contracts Regulations. Please note that if you cancel your order under the Consumer Contracts Regulations you will not be able to use our free returns service but will have to pay the cost of returning the item to us. Please note:
    UK Orders: Your delivery costs will not be refunded if you cancel your order post dispatch and use our free UK returns service as the free returns service is provided in place of reimbursement of the original delivery charges. Europe and International Orders: Your delivery costs will be refunded if you cancel post dispatch as we do not offer a free returns service for international orders.
    9.4 HANDLING AND CONDITIONS OF RETURNED GOODS
    (a) Please take reasonable care when opening original packaging and, where possible, ensure it is returned along with the Goods.
    (b) All Goods should be inspected and tried on with reasonable care being exercised.
    (c) Items should be returned unused and in a resalable condition, with all garment tags and care labels still attached. If returned items are damaged or soiled we may not accept them and may send them back to you and/or refuse a refund.
    (d) Where protective protective boxes, dust bags and tags are provided with the Goods, these must be returned along with the Goods.
    (e) We will not refund items which have been perfumed, so take care when trying on your scarf and do so when you are not wearing any perfume.
    10.0 Signing for your order
    A signature is required for all deliveries.
    We’re currently unable to ship to collections points.
    All orders are security sealed before leaving us and under no circumstances should packages be signed for if the packaging is damaged upon arrival.
    In the event that the packaging is damaged, please immediately contact us.
    11.0 Tax and duties
    11.1 Deliveries within the EU
    For deliveries within the EU we operate on a DDP (Duty Delivery Paid) basis. This means that all import taxes and duties will be included in the price of the Goods as well as all applicable VAT.
    11.2 Deliveries outside the EU
    Please note that, for deliveries outside the EU we operate on a DDU (Delivered Duty Unpaid) basis. This means that:
    (a) product prices for such destinations are exclusive of all taxes and duties;
    (b) you will be responsible for payment of any customs clearance expenses, import duties, sales taxes, brokerage fees and any other similar charges or fees imposed by the customs authorities of the destination country. Payment of these will be necessary in order to release your items from customs on arrival. Please note that we have no control over these charges and cannot predict their amount or offer a refund in the event that you are unable or unwilling to pay these charges;
    (c) you are responsible for providing any information required by the customs authorities of the destination country to ensure the Goods are cleared. We recommend you contact the customs authorities of the destination country to determine a landed cost price for the items prior to placing an order and what information will be required to obtain release of the items from customs.
    12.0 Liability
    12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    12.2 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    12.3 We do not in any way exclude or limit our liability for:
    (a) death or personal injury caused by our negligence;
    (b) fraud or fraudulent misrepresentation;
    (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    (d) 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); and
    (e) defective products under the Consumer Protection Act 1987.
    13.0 Events outside our control
    13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
    13.2 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, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, adverse weather conditions, or 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.
    13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
    (a) we will contact you as soon as reasonably possible to notify you; and
    (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
    14.0 Other important terms
    14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    14.2 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    14.4 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.
    14.5 These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of the Isle of Man and you agree to submit to the non-exclusive jurisdiction of the Isle of Man Courts.
    14.6 Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.
    14.7 We reserve the right to bring proceedings in:
    (a) the Courts of the country of your residence;
    (b) the Courts of the location of your access or use of the site;
    (c) the Courts of the location of any breach by you of these Terms; and/or
    (d) the Courts of the location of your authorisation of any of the above acts.
    14.8 You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.

    Website use terms & conditions

    We are Rose Cardinal – Royale Maps Limited a company registered in the Isle of Man under company number 131363C and with our registered office at Barbican House, 8-10 Malew Street, Castletown, IM9 1AB, Isle of Man. We operate the website www.rosecardinal.com (our website or site).

    These Terms and Conditions of Website Use (‘Terms’) apply to your use of the Rose Cardinal websites located at www.rosecardinal.com/ and/or any Rose Cardinal application for mobile devices which we may make available to our customers at any time (the “App”). For additional terms and conditions that may apply to purchases and related transactions that you complete through our Services, see Section 1.0 below Terms and Conditions of Supply. The Sites and the App shall be collectively referred to as the ‘Services.’ In this document, ‘we’, ‘our’ and ‘us’ refer to Rose Cardinal, and ‘user,’ ‘you’ and ‘your’ mean users of the Services.

    You must be 18 years old or the age of majority in your jurisdiction in order to use our Services. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Services with your parent or legal guardian’s permission.

    Please read these Terms carefully.

    The Terms incorporate:

    our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and our Cookie Policy, which sets out information about the cookies on our Sites.

    These Terms along with our Privacy Policy and Cookie Policy constitute a legally binding agreement between you and us. By accessing or using our Services, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE SERVICES.

    1.0 Registration
    You may view some parts of the Services without registering, but in order to access and use other parts of the Services, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. You may cancel your account with us at any time by e-mailing us. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been (or you suspect) an unauthorised use of your password or account, please notify us immediately.
    2.0 Restriction on use of services
    You are solely responsible for your actions when using the Services, whether or not you have created an account with us. In addition, you understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Services:
    Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services;
    Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Services;
    Submit, post, or submit any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion);
    Copy, download, distribute, transmit, upload, or transfer content from the Services or the personal information of others without our prior written permission or authorization;
    Use the Services to make unsolicited offers, requests, advertisements, or spam;
    Impersonate or pretend to be anyone else but you;
    Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
    Engage in any activity that is criminal or tortious in nature, or otherwise contrary to the law or infringes the rights of another including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.
    If you breach any part of these Terms, we reserve the right to terminate your access to the Services. Where you are using one of our Apps, the additional terms in clause 5 also apply.
    3.0 Ownership
    We and our licensors are the sole owners of the Services, including, but not limited to, all content, features, and functions, and all copyrights, trade marks, service marks, and other intellectual property rights contained within the Services.
    You agree that all right, title, and interest in the Services will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Rose Cardinal name or any of our trade marks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Services unless we have given you prior written consent to do so. You may only use the Services for personal, non-commercial purposes.
    ‘Rose Cardinal’ and the Rose Cardinal logo / monogram are our trade marks.
    4.0 Content
    Whenever you make use of a feature that allows you to upload content to our Sites, or to make contact with other users of our Services, you warrant that any such contribution (‘Content’) complies with the standards set out in these Terms, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    Any Content you upload to our Sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. You grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Content throughout the world, in all media now known or hereafter developed. You confirm that you are the owner of the relevant Content and/or that you are entitled to grant us a licence of the same.
    We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
    We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Services.
    We have the right in our sole discretion for any reason and without prior notice to you to remove any posting you make on our Sites if, in our opinion, your post does not comply with the standards set out in these Terms or reasonable standards of behaviour.
    The views expressed by other users on our Sites do not represent our views or values. We reserve the right, but not the obligation, to investigate any allegations or complaints that we receive regarding your Content.
    5.0 Disclaimer of warranties
    YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE AVAILABLE ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE SECURE OR FREE FROM BUGS OR VIRUSES. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON OR VIA THE SERVICES.
    6.0 Limitation of liabilities
    Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
    The Services and any goods purchased by you in connection with the Services are supplied only for domestic and non-commercial, private use. You agree not to use the same for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on it, whether express or implied.
    We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    use of, or inability to use, the Services; or
    use of or reliance on any content made available via the Services.
    Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in our Terms and Conditions of Supply (please see Section 1.0).
    TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR YOUR COMMUNICATIONS. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR ANY LINKED SITES, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
    7.0 Indemnification
    You agree to indemnify, defend, and hold us and any company in our group and our respective officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys’ fees) arising from or related to your use of the Services. We reserve the right to assume all or any part of the defence of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
    8.0 Third party sites
    We may offer links or other materials on the Services which allow you to browse or be redirected to a third party’s website, such as our courier partner’s websites. We are not associated with, endorsing, or responsible for the services, websites, or content of these third parties. If you have any questions about these other companies’ practices, you should review their terms of use and other policies.
    9.0 Applicable law and dispute resolution
    These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of the Isle Of Man and you agree to submit to the non-exclusive jurisdiction of the Isle Of Man Courts.
    Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.
    We reserve the right to bring proceedings in:
    the Courts of the country of your residence
    the Courts of the location of your access, use or storage of any materials obtained from the Sites
    the Courts of the location of any breach by you of these Terms; and/or
    the Courts of the location of your authorisation of any of the above acts.
    You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms.
    Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
    10.0 Termination
    We may immediately, without prior notice, suspend or terminate your use of and access to the Services, at our sole discretion, for any reason, whether with or without cause or warning, and without liability.
    You may terminate these Terms by ceasing your use of the Services.
    11.0 Severability
    If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then
    (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and
    (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
    12.0 Amendments
    We reserve the right to change any part of the Services, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Services means that you agree with our updated Terms. If you do not agree with our updated Terms, you must not use our Services.
    13.0 Questions or comments
    If you have any questions or comments about these Terms or the Services, please contact us.