Our terms

1. These terms

1.1 These are the terms and conditions on which we supply products to you, whether these are our garment and sensor or our app. In relation to the app you should also read our application terms and conditions.

1.2 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.

2. Information about us and how to contact us

2.1 We are Prevayl Limited a company registered in England and Wales. Our company registration number is 13463671 and our registered office is at 57 Spring Gardens, Manchester, M2 3AZ.

2.2 You can contact us by e-mailing our customer service team at help@prevayl.com.

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

3. Our contract with you

3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order, we will inform you of this 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.

3.4 Our website is solely for the promotion of our products in the UK. We do not accept orders from addresses outside the UK.

4. Our products

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

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 8 - Your rights to end the contract).

6. Our rights to make changes

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. Providing the products

7.1 The costs of delivery will be as displayed to you on our website.

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

(a) For the garment and the sensor. We will contact you with an estimated delivery date, which will be within [30] days after the day on which we accept your order.

(b) For the app. We will make the app available for download by you as soon as we accept your order.

7.3 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.

7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6 A product will be your responsibility from the time after a compliant delivery of the product to the address you gave us has taken place (or such other address as we have agreed with you).

7.7 You own a product (being the garment and the sensor but not the app) once we have received payment in full.

7.8 We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).

8. Your rights to end the contract

8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 If you are ending a contract for a reason set out at (a) to (d) below 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:

(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) 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 [30] days; or
(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Prevayl Limited to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):

Right under the Consumer Contracts Regulations 2013

  • 14 day period to change your mind.
  • Consumer to pay costs of return.

How our goodwill guarantee is more generous

  • 30 day period to change your mind.
  • We pay the costs of return.

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Have you downloaded our app? if so, you have 30 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading. If we delivered the app to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. In this case your personal data will be dealt with in accordance with our privacy policy.
(b) Have you bought a garment and/or the sensor?, if so you have 30 days after the day you (or someone you nominate) receive the goods.

8.6 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 do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered or downloaded and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your 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

9. How to end the contract with us (including if you have changed your mind)

9.1 To end the contract with us, please let us know by doing one of the following:  

(a) Email us at help@prevayl.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Complete the online form here on our website.

9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Stock Consolidation, Oakhill Trading Estate, Unit 55-62, Devonshire Road, Worsley, Manchester, M28 3PT or (if they are not suitable for posting) allow us to collect them from you. Please email us at help@prevayl.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.

9.3 We will pay the costs of return:

(a) if the products are faulty or misdescribed;
(b) if 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; or
(c) if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.  

9.4 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 which may be deducted from any final refund settlement.

9.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) 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.

9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) 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. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10. Our rights to end the contract

10.1 We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us, or there is a problem with the pricing of the product on our website (as set out in clause 12.2) or there is a problem with the listing of the product on our website.

10.2 If we end the contract in the situations set out in clause 10.1 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

11. If there is a problem with the product

11.1 If you have any questions or complaints about the product, please contact us. You can email our customer service team at help@prevayl.com.

11.2 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.

11.3 With any purchase of a sensor from us we offer a 365 day “no quibble” guarantee if the sensor is not working. With any purchase of a garment from us we offer a 100 day “no quibble” guarantee if the garment is not working. Please email our customer service team at help@prevayl.com.

11.4 All returns under clause 11.3 will require you to return the faulty product to the manufacturer but we will cover this cost. You may also be required to provide photos as evidence of any damaged products.

11.5 We may supply you with a reconditioned sensor as a replacement.

12. Price and payment

12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.

12.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly
priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you to agree the higher price or cancel the order.

12.3 We accept payment with all major credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. For the app, you must pay before you download it.

13. Our responsibility for loss or damage suffered by you

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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.

13.2 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; and for defective products under the Consumer Protection Act 1987

13.3 We only supply the products for domestic and private use. If you use the products for any commercial, business, medical/diagnostic 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.

14. How we may use your personal information

We will only use your personal information as set out in our privacy policy.

15. Other important terms

15.1 We may transfer our rights and obligations under these terms to another organisation.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 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.

15.5 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.

15.6 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.

PREVAYL APPLICATION TERMS AND CONDITIONS

WHO WE ARE AND WHAT THESE TERMS OF SERVICE DO

We Prevayl Limited of 57 Spring Gardens, 38-54 Mosley Street, Manchester, M2 3AZ United Kingdom license you to use:

  • the Prevayl mobile application software (App) and any updates or supplements to it;
  • the Prevayl platform (Platform); and
  • the Prevayl clothing product (including the sensor) that you connect to via the App or Platform and the information and content we provide to you through it (Service),

as permitted in these terms of service (Terms).

YOUR PRIVACY

We only use any personal data we collect through your use of the App, Platform and the Services in the ways set out in our Privacy Policy.

Please be aware that internet transmissions may never be completely private or secure and that any message or information you send using the App, Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Please be assured that we will take security of your data very seriously and take all reasonable care to ensure your personal data is secure whilst using our App, Platform and Services.

OPERATING SYSTEM AND BROWSER REQUIREMENTS

The App requires a recent Android or iOS device to run on. Generally, we maintain compatibility with the last three versions of each mobile operating system.

Use of the Platform requires a recent browser running on a desktop, laptop or mobile phone.

CREATING AN ACCOUNT

Full use of the App, Platform and our Services requires that you create an account by providing us with all relevant personal information as well as a password. You must provide us with accurate and complete information about you. You agree not to impersonate any other person or entity. You are responsible for all activity that occurs in association with your account. Please email our customer service team at help@prevayl.com if you discover or suspect any security breach related to your account.

We may suspend or terminate your account and your ability to use our App, Platform and/or Services for a failure to comply with these Terms. You may close your account at any time by contacting our customer service team at help@prevayl.com.

SUPPORT

Support. If you want to learn more about the App, Platform or our Services or have any problems using them please take a look at our support resources at https://prevayl.zendesk.com/hc/en-gb.

Contacting us (including with complaints). If you think the App, Platform or our Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at help@prevayl.com.

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us. Please ensure your email address is kept up to date.

HOW YOU MAY USE THE APP AND THE PLATFORM, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these Terms you may:

  • download the App onto any number of suitable devices and view, use and display the App and the Service on such devices for your personal purposes only;
  • use the Platform including any family, group, company or team facilities you have signed up for via the Platform; and
  • receive and use any free supplementary software code or update of the App or Platform incorporating "patches" and corrections of errors as we may provide to you.

YOU MUST BE 18 OR OVER TO ACCEPT THESE TERMS AND USE THE APP AND THE PLATFORM

You must be 18 or over to accept these terms and use the App and the Platform.

YOU MAY NOT TRANSFER THE APP OR PLATFORM TO SOMEONE ELSE

We are giving you personally the right to use the App, the Platform and the Services as set out above. You may not otherwise transfer the App, the Platform or the Services to anyone else.

If you sell any device on which the App or the Platform is installed, you must remove the App and the Platform from it. We will not be responsible for your personal data where you sell or transfer the App, Platform or use of the Services to anyone else.

CHANGES TO THESE TERMS

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will notify you when we do this.

If you do not agree with the notified changes you must of your own accord stop using App and the Platform and remove them from your devices. If you do not stop using the App and the Platform and remove them from your devices you will have signified your agreement with the notified changes. If you do not change your email address if you discontinue using that email address you agree to all notified changes that we make.

UPDATE TO THE APP AND CHANGES TO THE SERVICES

From time to time we may automatically update the App, the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App or the Platform for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, the Platform and the Services.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download the App or Platform onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App, the Platform or any of the Services, you agree to us collecting and using technical information about the devices you use the App and Platform on and related software, hardware and peripherals to improve our products and to provide any Services to you. Further information is provided in our Privacy Policy.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App or Platform on the device. If you use our Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device. Further information is provided in our Privacy Policy.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App, the Platform or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Platform or Services, except as part of the normal use of the App or Platform or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Platform or Services nor permit the App, Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App, Platform and the Services on devices as permitted in these Terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, Platform or the Services nor attempt to do any such things, except to the extent permitted by law;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App, the Platform or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

  • only connect to the Services using a Prevayl clothing product and electronic sensor that is manufactured, distributed or sold by Prevayl itself or through its authorised resellers or agents;
  • not use the App, Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Platform, any Services or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App, Platform or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
  • not use the App, Platform or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services; and
  • not upload, distribute or transmit any virus, or, any material through our App or Platform that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.

YOUR CONTENT

Our App and Platform permit you to automatically and/or manually upload data, exercise regimes and/or other information and content in order to receive our Services. We define this as your “Content”. We process your Content in accordance with our Privacy Policy. Unless otherwise agreed you retain all rights in and to your Content.

By using our App, Platform and our Services you permit us to you use your Content and grant us a worldwide and royalty free licence to use such Content to permit us to perform our Services.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Platform and the Services throughout the world belong to us (and/or our licensors) and the rights in the App, Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Platform or the Services other than the right to use them in accordance with these Terms.

NO WARRANTIES

Our App, Platform and our Services are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, we do not make any warranties or representations, express or implied, regarding the access and use of our App, Platform and our Services including, but not limited to (i) correctness, errors and accuracy (ii) adequacy, (iii) usefulness,(iv) reliability, defects, operation and availability (v) non-infringement, (vi) security, the risk of interception of information, viruses or anything else harmful, (vii) workmanlike effort, support, information or services, (viii) offensive, threatening, defamatory, unlawful or otherwise objectionable character. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error free basis.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

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 these Terms 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 you accepted these Terms, both we and you knew it might happen.

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 or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The App and the Platform is for domestic and private use. If you use the App or the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any indirect or consequential losses.

Limitations to the App, the Platform and the Services. The App, Platform and the Services are provided for general information and health purposes only. They do not offer advice on which you should rely. Any reliance you place on our Services is entirely at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App, Platform or the Service. Although we make reasonable efforts to update the information provided by the App, Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

The accuracy of the data collected and presented back to you via our App, Platform and our Services is not intended to match that of medical devices or scientific measurement devices. A small percentage of people may have certain health conditions preventing the creation of enough signal to produce a good reading and transfer of data which may impact the ability to use the Services effectively.

People who have a pacemaker, defibrillator, or other implanted electronic devices use the Prevayl sensor at their own risk. Before starting the initial use of the product, we recommend an exercise test under a doctor’s supervision. This will ensure the safety and reliability of the pacemaker and Prevayl enabled garment when being used simultaneously. Exercise may include some risk, especially for those who have been sedentary. We strongly advise you to consult your doctor prior to beginning a regular exercise program.

Whilst Prevayl’s technology is validated as being accurate, it is not a medical product and Prevayl will not accept responsibility for any erroneous data readings.

Always consult your doctor before beginning an exercise program. Overexertion may cause serious injury.

Please back-up content and data used with the App and Platform. We recommend that you back up any content and data used in connection with the App and Platform, to protect yourself in case of problems with the App, Platform or the Service.

Check that the App, Platform and the Services are suitable for you. The App, Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, Platform and the Services (as described on the Apple App Store and Google Play Store) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App, Platform or the Services is delayed by an event outside our control then we will endeavour to contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay.

WE MAY END YOUR RIGHTS TO USE THE APP, PLATFORM AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App, Platform and Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App, Platform and Services:

  • You must stop all activities authorised by these Terms, including your use of the App, Platform and any Services.
  • You must delete or remove the App and Platform from all devices in your possession and immediately destroy all copies of the App and Platform which you have.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing (including by email) if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

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.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

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.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the an alternative dispute resolution provider or the Citizens Advice Consumer Service.