THE EYELASH EMPORIUM LIMITED

THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products directly to you, whether these are goods or services.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in green and those specific to businesses only are in blue.

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are The Eyelash Emporium Limited is a company registered in England and Wales. Our company registration number is 06744593 and our registered office is at 301 Relay Drive, Relay Business Park, Tamworth, Staffordshire, B77 5PT

2.2 How to contact us. You can contact us by telephoning our customer service team at 01753 650656 or by emailing us at lashes@eyelashemporium.co.uk, or 301 Relay Drive, Relay Business Park, Tamworth, Staffordshire, B77 5PT

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. For orders placed through our website, our acceptance of will take place , at which point a contract will come into existence between you and us. For orders placed over the telephone, our acceptance shall take place when we verbally confirm your order over the telephone, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR BRANDING AND PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Training services dates may change. We reserve the right to cancel or change the date of any training services by giving less than seven days' notice except in the case of emergencies, where we reserve the right to give less notice. If we cancel the services, we will offer you a full refund or offer you an alternative date (at our discretion).

4.4 Some of our products are only for professional use. Some of our products are for professional use only. This will be clearly displayed on the relevant page. By purchasing products that are for professional use only you acknowledge that these are for professional use only and confirm that you have had the appropriate training in respect of using such products.

4.5 If you are a business and sell on our products. You shall observe all directions and instructions given to you by us for the promotion and advertisement of the products, in order to protect the goodwill and reputation of our brands. You shall also ensure that any website that you use for the sale of the products complies with all directions and instructions given by us, in particular in relation to any quality standards. All promotional material (whether online or offline) shall be pre-approved by us prior to any use by you. You acknowledge our ownership of the trade marks (including logos) relating to the products and that you only have a non-exclusive right to use them for the promotion, advertisement and onward sale of the products. You shall not otherwise acquire any rights in such trade marks. You accept that failure to adhere to these obligations can lead to us ending our contract.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11, your rights to end the contract).

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

6.2 More significant changes to the products and these terms. In addition, as advised or set out in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received (see clause 11, your rights to end the contract).

7. PRICE AND PAYMENT

7.1 Where to find the price for the product. All prices are in pounds sterling (£)(GBP). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 7.3 for what happens if we discover an error in the price of the product you order.

7.1.1 If you are a consumer. The price of the product (which includes VAT) will be the price indicated to you on the order pages when you placed your order or, where you place an order by telephone, the price told to you over the telephone. If the price is exclusive of VAT, we will always tell you.

7.1.2 If you are a business. The trade price of products are listed on our trade website, told to you in the course of email exchange, or told to you over the telephone is exclusive of VAT, unless we tell you otherwise or that the website specifies to the contrary.

7.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

7.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

7.4 When you must pay and how you must pay. We accept payment from all major debit and credit cards, except American Express.. We do not accept cash or cheques. When you must pay depends on what product you are buying:

7.4.1 For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until the order has been placed.

7.4.2 For training services, you must pay 100% of the price upon order.

7.5 If payment is not received and you have already received the products, you must:

7.5.1 pay for such products as soon as possible and in any case within 30 days; or 

7.5.2 return the products in a "as new", fully sellable condition to us as soon as possible and in any case within 30 days. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us. 

7.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

7.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us within seven days of receipt of the invoice to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

8. CREDIT ACCOUNT

8.1 If you are a business and wish to open a credit account, you must complete our account opening form, which is available on request. We may carry out a credit reference check before opening a credit account for you. When completing the form you must ensure that all information you provide is accurate and complete. If you do not do this, there may be a delay in processing your application.

8.2 If you are a business and hold a credit account with us, payment must be received by us (not posted by you) by 25th day of the month following the month of the date of the invoice.  We reserve the right to withdraw our credit terms if payment is not received by us by the due date.

8.3 Maximum credit limits are set for new accounts – we will tell you what this is when you open your account and we let you know if we change it.  Once your credit limit has been reached no further orders will be accepted until payment has been received, even though this may be before the 25th of the month following the month of invoice.

8.4 Any credit account is provided at our discretion. We reserve the right to decline an application for credit facilities and/or to withdraw credit facilities granted at any time.

9. PROMOTION CODES - WEBSITE ONLY

9.1 Any code which entitles you to an exclusive saving on orders placed only on our website (Promotion Code) is subject to the terms of this clause and any other terms that we may tell you.

9.2 Promotion Codes are valid for orders exclusively online and valid exclusively for trade and professional customers only.

9.3 Promotion Codes may be valid on specific products, and may be withdrawn at any time.

9.4 Only one Promotion Code may be used per order.

9.5 Promotion Codes must not be shared with any other individual.

9.6 Promotion Codes cannot be used in conjunction with any other promotion including sales or discounted items.

9.7 We reserve the right to decline an order where, in our opinion, a Promotion Code has been misused or is invalid for the order placed.

9.8 In the event of product returns, a refund or replacement may be offered for value of original purchase, once the discount has been applied. This excludes delivery charge, gift wrapping and or gift card cost.

10. DELIVERY

10.1 Delivery costs. The costs of delivery will be as displayed to you on our website, as advised or as told to you in the course of email exchanges. Unless otherwise agreed, the products shall be (DAP) (delivery location as agreed) Incoterms® 2020 basis. This means that we are responsible for arranging carriage and for delivering the products to the named place of destination, but you are responsible for the costs and risk of unloading at the delivery location and are responsible for import clearance and any applicable local taxes or import duties.

10.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

10.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

10.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the selected courier will leave you a note informing you of how to rearrange delivery.

10.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the products will be returned to us and we may end the contract and clause 14.2 will apply.

10.6 When you become responsible for the products. A product will be your responsibility from the time we deliver it to the address you gave us or you collect it from us.

10.7 When you own products. You own a product which is goods once we have received payment in full.

10.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 14.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

10.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

10.9.1 deal with technical problems or make minor technical changes;

10.9.2 update the product to reflect changes in relevant laws and regulatory requirements; or

10.9.3 make changes to the product as requested by you or notified by us to you (see clause 6).

10.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

11. YOUR RIGHTS TO END THE CONTRACT

If you have changed your mind

11.1 If you have changed your mind. If you are a consumer and have just changed your mind about the product, you have the right for most products to change your mind within 30 days and receive a refund without giving any reason. Your right to change your mind does not apply to:

11.1.1 products that are not suitable for return due to health protection or hygiene reasons;

11.1.2 products that become unsealed after you receive them (e.g. for nail polish and lip balm, if the sealed packaging has been opened);

11.1.3 products that by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

11.1.4 services, once these have been completed, even if the cancellation period is still running; or

11.1.5 any products which become mixed inseparably with other items after their delivery.

11.2 How long do consumers have to change their minds? If you are a consumer you have 30 days to change your mind after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery. 

11.3 If you change your mind you must let us know. You must tell us if you change your mind and want to end the contract – please see below How To End The Contract With Us.

If we have done something or are going to do something

11.2 Ending the contract because of something we have done or are going to do. If you are a consumer ending a contract for a reason set out below at 4.1 to 11.4.5 the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

11.4.1 we have advised you about an upcoming change to the product or these terms which you do not agree to (see clause 2);

11.4.2 we have advised you about an error in the price or description of the product you have ordered and you do not wish to proceed;

11.4.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

11.4.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or

11.4.5 you have a legal right to end the contract because of something we have done wrong.

Where we are not at fault and there is no right to change your mind

11.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

12. HOW TO END THE CONTRACT WITH US

12.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

12.1.1 Phone or email. Call customer services on 01753 650656 or email us at lashes@eyelashemporium.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

12.1.2 Online. Complete the Model Cancellation Form at Schedule 1.

12.1.3 By post. Print off the form at Schedule 1 and post it to us at the address on the form. Or simply write to us at that , including details of what you bought, when you ordered or received it and your name and address.

13. RETURNS AND REFUNDS

13.1 Returning products after ending the contract. If you end the contract for any reason after products have been sent to you, or you have received them, you must return them to us. You must post them back to us at 301 Relay Drive, Relay Business Park, Tamworth, Staffordshire, B77 5PT or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01753 650656 or email us at lashes@eyelashemporium.co.uk for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

13.2 When we will pay the costs of return. You must pay for the cost of return (including where you are a consumer exercising your right to change your mind) unless you are returning the products because of the following, in which case we will pay for the costs of return:

13.2.1 the products are faulty or misdescribed; or

13.2.2 you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

13.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

13.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products , by the method you used for payment. However, we may make deductions from the price, as described below.

13.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

13.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

13.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

13.5.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

13.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

13.6.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

13.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

13.7 Training services. No refund will be given training services not attended. We will use our reasonable and commercial efforts to work with you to rearrange the date for the training services where you give us at least 14 days’ notice. If we cancel the services, we will offer you a full refund or offer you an alternative date (at our discretion).

14. OUR RIGHTS TO END THE CONTRACT

14.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

14.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;

14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

14.1.3 you do not, within a reasonable time, allow us to deliver the products to you; or

14.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services; or

14.1.5 you do not comply with our directions and guidance regarding the promotion, advertisement and onward sale of our products, including the use of our trade marks and the quality standards we set regarding sales on websites.

14.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

14.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least seven days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

15. DEFECTIVE OR FAULTY PRODUCTS IF YOU ARE A CONSUMER

15.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this Contract. Nothing in these terms will affect your legal rights. For more information on your legal rights please visit the Citizens Advice website adviceguide.org.uk.

15.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please use the contact details in section 2 above to get in touch for a return label or to arrange collection.

16. DEFECTIVE OR FAULTY PRODUCTS IF YOU ARE A BUSINESS

16.1. If you are a business customer we warrant that on delivery any products which are goods shall:

16.1.1 conform in all material respects with their description;

16.1.2 be free from material defects in design, material and workmanship;

16.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

16.1.4 be fit for any normal purpose as indicated on the product.

16.2 Subject to clause 3, if:

16.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;

16.2.2 we are given a reasonable opportunity of examining such product; and

16.2.3 we arrange collection or you return such product to us (please contact use for a return label),

we shall, at our option, replace the defective product, or refund the price of the defective product in full.

16.3 We will not be liable for a product's failure to comply with the warranty in clause 1 if:

16.3.1 you make any further use of such product after giving a notice in accordance with clause 2.1;

16.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, , use of the product or (if there are none) good trade practice;

16.3.3 you alter or repair the product without our written consent; or

16.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

16.4 Except as provided in this clause 16, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1.

16.5 These terms shall apply replacement products supplied by us under clause

17. PRODUCT RECALL

This clause only applies if you are a business customer.

17.1 You undertake to maintain appropriate, up-to-date and accurate records to enable the immediate recall of any products or batches of products.

17.2 You shall give any assistance that we shall reasonably require to recall, as a matter of urgency, products from the retail or wholesale markets.

18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

18.2 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 and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

18.3 We are not liable for business losses. If you are a consumer 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 our liability to you will be limited as set out in clause 19.

19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

19.1 Nothing in these terms shall limit or exclude our liability for:

19.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

19.1.2 fraud or fraudulent misrepresentation;

19.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

19.1.4 defective products under the Consumer Protection Act 1987; or

19.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

19.2 Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

19.3 Subject to clause 1:

19.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

19.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to100% of the order value.

20. HOW WE MAY USE YOUR PERSONAL INFORMATION

20.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

21. OTHER IMPORTANT TERMS

21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

21.2. Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

21.3 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

21.4 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

21.5 Which laws apply to this Contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

21.6 Which laws apply to this Contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.