ARLO & JACOB - TERMS AND CONDITIONS OF SALE - Update 13th June 2022
www.arloandjacob.com is a site operated by Arlo & Jacob, a division of Arlo Living Ltd. When you purchase our products, your contract will be with that company. We are a company registered in England and Wales, with company number 11861649. Our registered office is at Melbray House, Melbray Mews, 158 Hurlingham Road, Fulham, London, SW6 3NS.
Arlo & Jacob products are handcrafted in the UK.
These terms set out the terms and conditions applicable to the sale of products, services and third-party warranties procured or manufactured by us. By placing an order with us you indicate that you accept these sales terms and you agree to abide by them. These terms apply to orders placed within the UK, with delivery to mainland UK only. If you purchase products from us and deliver to a region outside of the mainland UK you agree these terms and conditions do not apply.
We reserve the right to change these Terms & Conditions from time-to-time. With this in mind, it is important that you check these Terms & Conditions every time you wish to place an order with us.
Nothing in these Terms and Conditions shall affect your consumer rights.
“Order confirmation” – an email sent to you upon successful payment and acceptance by us of the order.
“Manufacture” – products that have been handcrafted and made by our upholstery team.
“Products”: any products that we make available for sale within our showrooms or on our website.
“Upholstery”: means a soft, padded textile covering that is fixed to furniture such as armchairs and sofas.
“Sofa”: means a Product which has a long upholstered seat with a back and arm/s for two or more people.
“Successful delivery” – a delivery that has been received by you, the customer in the address set out in the order confirmation unless otherwise agreed with our customer care team.
“On-specification”, “specification” – products with pre-defined measurements, fabric, leg and cushion filling options.
“Items”: means our on-specification product across sofas, chairs and footstools
“Made-to-order” – products within our range, manufactured to pre-defined specifications as stated on our website or in our showrooms. The product is manufactured based on your order.
“Readymade” – products within our range that have been manufactured and readily available for delivery as set out on our website at the time of purchase.
“Outlet” – any Products sold at a reduced price to our normal retail price as a direct consequence of (but not limited to) customer cancellations, returned stock in a saleable condition, discontinued products or fabrics and ex-display.
“Ex-Display” – products that have previously been displayed in one of our showrooms
“Arl & Design” (“COS” / “Customer own Selection”) - products with pre-defined measurements, leg and cushion filling options in a fabric chosen with one of our pre-selected fabric houses.
“Lifetime” – Pertaining to our lifetime guarantee, for as long as you, the original purchaser, own and possess the product.
“sample” – display product and its components or fabric swatch
“swatch” – small fabric sample available to order on our website or available in our showrooms
“Us”, “our”, “we” – Arlo & Jacob, Arlo Living Ltd.
“You” – the customer
“Consumer rights” – your rights as explained in the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
All of our sofas are manufactured in the UK.
All products are subject to availability. Stock availability provided on our website is an estimate and cannot be guaranteed.
Our Products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our products for commercial or contract purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the product in a business capacity (except in accordance with clause).
Due to the handmade and batch manufacture process, there may be differences between samples, swatches and manufacture - these are normal and should not be considered design fault. With the effect that no two products are identical, and no product may exactly match any sample, including variations to products sampled on our website, in our showrooms or in other media.
We offer the product as stipulated in our stores or on our website at any given time. We do not offer changes to any measurements or variations outside of our specifications except where stipulated as part of our Arlo & You or Arlo & Design. All our products are handcrafted, therefore you should allow +/- 3cm tolerance on measurements provided in the product specifications.
You agree to pay the price of the product specified on our website or by a member of our team, delivery charges and any other charges stated on your order per contract terms. Prices given include value-added tax (VAT) at the given rate of 20%.
We reserve the right to amend our prices at any given time which includes, but is not limited to, occasional errors with pricing stated on our website or by a memberof our Team. We endeavour to correct any errors as soon as possible. If the product’s price is higher than the price stated on our site, we will at our discretion, request you pay the full price for the product or allow you to amend your order to a fabric of the same price (where available) or reserve the right to cancel the order.
We offer a lifetime guarantee on our frames and springs - sofas, chairs and footstools except for products with exposed frames - under normal domestic household use, for the guarantee period. Ex-display and outlet products are excluded from the lifetime guarantee.
You may only claim under this guarantee if all of the following apply:-
This guarantee does not cover the following or anything arising from or caused by the following:-
We recommend that all upholstery is cleaned in situ by a professional upholstery cleaning specialist every eighteen (18) to twenty-four (24) months depending on use. We accept no responsibility for any cleaning outside of pre-advised methods. For more information, you should contact our customer care team on 0330 945 855 or email@example.com.
Applies to the fabric you’ve chosen with one of our selected fabric houses, which is in addition to our normal house fabric ranges. The provided lead time will commence once we have received the fabric. We do not offer returns in accordance with section 5.4 and your consumer rights are not affected. We will give you the total price for the product. We cannot accept fabrics purchased directly by you. Due to the legislation covering upholstered furniture, it may be necessary to withdraw the fabric after order. If this is the case we will contact you to review alternatives or offer a full refund if a suitable fabric can not be found.
A contract between Arlo & Jacob and you will be formed between once you receive your Order Confirmation and Invoice from us, via email. You, the customer is responsible for checking your order confirmation to ensure information is correct. We reserve the right to decline and cancel your order.
We offer products in our ranges across Made-to-Order, Ready-Made, Outlet, and Arlo & You, Arlo & Design. Availability on our website at the time of purchase is not guaranteed.
Unless otherwise stated in the contract terms: payment will be required in full at the point of sale, before your order can be accepted, either via Credit/Debit or split payments using V12 Finance.
We accept payments by Credit/Debit with Visa, MasterCard, Maestro and American Express (Amex). Transactions are securely processed by Stripe. You authorise us to take payment from any card or other payment service for which you provide details at the point of sale, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you. Any additional charges incurred via your chosen method of payment to V12 are entirely your responsibility
For payment via our finance partner V12, your order must meet the minimum order value as stated on our website. You must make a minimum of 20% deposit upon agreement with V12 and monthly repayments will commence after full delivery. The credit application is subject to the finance company’s own terms and conditions, and it will be assessed and processed by them who will let us know the result.
You will be given 7 days to complete the application, and 90 days to sign the agreement. If you delay signing the agreement, your lead time or manufacture will also be delayed and we cannot guarantee fabric availability. Your order will only be accepted by us after your application, and agreement is received. We will advise if order terms have been amended.
If there is any price increase you will not be charged the further amount within the 90 days. If the fabric or stock availability ceases within the 90 days and you need to amend order, you will be charged at the price at the time of ordering. If you cancel your order before you have signed your agreement see section 5.4. If you place a ready-made or outlet order the application needs to be approved and the contract signed before your order will be passed to the courier, the delivery lead time will commence once the agreement has been received and you have received an invoice. If you do not complete the application and sign the agreement within 7 days we will cancel your order and V12 application and return the product to stock where ready-made or outlet. If your application is declined you will need to pay in full using a debit/credit card or reapply, there is no guarantee further applications will be successful. The minimum spend to qualify your order for V12 finance is £1,250 and will include delivery and any third-party warranties, with a maximum order value of £15,000. Any additional charges incurred via your chosen method of payment to V12 are entirely your responsibility.
We recommend that if your V12 finance application has been declined, that you wait a minimum of 6 months before re-applying.
Upon approval of your finance agreement and terms, documentation will be sent to you directly from our finance provider V12.
Should you wish to cancel or amend your order, you must do this within 7 days of placing your order. You should contact the showroom where you placed your order, or our telesales team on 03300 945 855 option 1.
If you purchased your order using our V12 finance partner, have completed your application, and wish to make a cancellation then we will need to cancel your plan and your deposit will be refunded via the same method you used to make the deposit payment. If you wish to amend your order and you wish to make the amendment or exchange order having paid with our V12 finance plan, the balance will be transferred to the new order. We will advise any refunds or additional moneys due.
Where you have purchased services or third-party warranties, and wish to cancel we will refund the total. This is in accordance with your consumer rights.
Refunds will only be refunded to the payment card or method used for the original transaction, this is to comply with Money Laundering Regulations.
Delivery dates provided on our website and by our team are estimates and cannot be guaranteed. We deliver through a regular entrance and to the second floor (no more than two flights of stairs), we cannot deliver sofas through windows or balconies.
We deliver to the address and contact information stated on your order. If you need to change your delivery address, we will not be able to guarantee the same delivery date and time.
We deliver to mainland UK only, with limitations on some areas of the UK as stipulated on our deliveries page. We reserve the right to amend our delivery service at any time. Responsibility with us ends when delivery to the chosen shipper is successful.
Arlo & Jacob use third party delivery provider(s) for our products. Larger items of Upholstery will be delivered with a white glove service.
We will not hold or stock your items once purchased. Made-to-Order items are manufactured and dispatched to our 3rd party delivery provider once complete, according to the approximate lead-times specified.
For orders delivering outside of Mainland UK, you will be responsible for taxes payable to the UK government, in addition to delivery charges for export duties, taxes and customs fees upon import. You are entirely responsible for arranging all paperwork to export your order. We will make good our promise to deliver to a shipper of your choice within mainland UK. We are not responsible to repair any damages sustained during the delivery process. The lifetime guarantee is not applicable if your order is exported outside of the UK.
You need to make yourself available for delivery at the end of your lead time to accept the delivery slot our courier advises. Deliveries are made Monday-Saturday between the hours of 7am and 7pm. We will use reasonable efforts to deliver the products, provide the services and procure the third-party warranties, by the delivery date or within the delivery timescales stated in your order. If your lead time moves, we will contact you and advise your options which include, but are not limited to, section 5.4 (amendments/cancellations).
If you cancel delivery within 48 hours of the scheduled delivery time or fail to be present at your property or accept delivery on the dedicated delivery date and slot or the delivery company is unable to deliver due to access issues, a non-refundable delivery fee will be charged before we reschedule an alternative delivery.
We are not able to deliver your order in instalments unless explicitly agreed upon at our discretion. This will not affect your consumer rights.
It is your responsibility to ensure access to your property is safe and adequate for the products you have ordered, taking into account the size/weight and bulk of the products. If we are unable to access the property and your order be returned to our factory, we will charge a redelivery fee. If the product is deemed too large and we need to make any amendments to the product, such as removing arms (where possible, as stipulated by our team), we will charge for this.
Our couriers will install the products in a room of your choice (no more than two flights of stairs), unpack the products and remove the packaging, and apply the legs. In case of tight spaces, some of our ranges offer removable arms and this needs to be specified at the time of order (where the product is designed to have removable arms, legs or castors) and assembled by our courier in your room of choice. Two-part sofas or modular sofas will also be assembled as part of the delivery service.
You should check that you have received all products on your order, you must inspect your furniture upon delivery and confirm by signing the delivery note with any comments regarding missing products, damage, or faults. You should inform us within 48 hours if you think anything is missing, not as ordered, damaged, or faulty via email at firstname.lastname@example.org or by calling 03300 308066 option 2. We may require proof of damage from you by way of a photograph, to help us assess the damage and facilitate a repair, or in the case of inability to repair a replacement or refund upon the authorised return of the product to Arlo & Jacob. If you fail to provide such proof, this will not affect your consumer rights. If you fail to inspect your goods upon delivery and later find damage, we cannot be held responsible for such damage.
Our third party delivery team may inform you that they are willing to deliver the Products but that, in their opinion, access to the delivery address is inadequate for them to make delivery without risking causing damage to the Products or your property or its contents. In this event, if you request that our delivery team proceeds with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur. You will also be asked to sign a damage waiver.
In the event you notice a fault with the products on your order within the first 6 months of successful delivery, we will make good our efforts to repair, and in failure to repair will offer a replacement, as per your rights explained in the Consumer Rights Act 2015 and the Sale of Goods Act 1979. Contact our customer care department to notify via email at email@example.com or by calling 03300 945 855 option 2. A technician may need to be scheduled to assess the product before a decision on our promise to make good can be fulfilled. You will need to provide proof of purchase. These terms will not be applicable if your order is exported outside of the UK.
Where you are entitled to make a return, requests need to be made as outlined in the following subsections.
We do not accept returns on items purchased in the showrooms, except when pertaining to faulty goods as outlined in section 6.7.
You are not entitled to return ex-display items and display pieces purchased in our showrooms, for refund or exchange. Ex-display items are sold as seen. The lifetime guarantee is not applicable and we do not offer any third party warranties. You will need to arrange collection from the showroom.
You are entitled to a full refund or exchange as detailed in the Consumer Rights Regulations 2015. We will refund or exchange the full value paid on the returned product, excluding collection charges. If you wish to exchange, we will treat this as a new order and your order will be processed under the lead-time advertised on our website at the time. If you exchange any products from your order and there is a subsequent price increase or you choose a fabric or product of higher value, then you will be charged this additional value. If you purchase your order during promotion and subsequently exchange out of the promotion period, your order will not apply the promotional price unless the product has been deemed to be faulty in accordance with section 6.7. Refund will be made to the same method of payment, this is to comply with Money Laundering Regulations.
If you have purchased an item from our Outlet or Readymade collections, you must ensure that the item is wrapped in the same packaging that the item was delivered in. If you have discarded this packaging for any reason, new packaging must be ordered within two days of arrival so that your item can be returned within the 14 day returns period.
Where you are entitled to make a return, you must request your return within 14 days of delivery. For clarity, the day of delivery is considered day 1. You need to advise us of your request to return by email, by phone or by writing. You may be asked to provide images of the pieces that will be returned to us, this is to protect you from damages that occur in transit back to Arlo and Jacob. This is in accordance with your consumer rights as explained in the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If you are entitled to return your items, collection must be made within 14 days of advising us of your wish to return, or with the first available slot our courier advises. We charge £65 for single product returns and £85 for two or more products to be returned. We require payment in advance of the return.
If you are not available upon the date and time of the scheduled collection, a re-collection fee will be charged.
If you are entitled to return your items, collection must be made within 14 days of advising us of your wish to return, or with the first available slot our courier advises. You will be charged £130 for collection for a single item, or £150 for over 3 items. If you are returning 5 items or more, collection pricing will be available upon request.
We require payment in advance of the return. If you are not available upon the date and time of the scheduled collection, a re-collection fee will be charged.
If you have discarded your packaging for any reason, new packaging must be ordered within two days of arrival so that your item can be returned within the 14 day returns period.
Goods returned to us must be in a saleable condition, if products are returned to us with damage that has been caused by you, we reserve the right to deduct from your refund the value to make good. The products are at your risk until they have been collected by our third-party courier service.
You are not entitled to return Arlo & Design items for refund or exchange including those purchased in showroom or over the phone, due to the bespoke nature of producing the order. This is in accordance with the consumer rights regulations.
Whilst we endeavour to meet the original approximate delivery date advised at the time of purchase, on occasions the manufacture or delivery of your products may be delayed due to circumstances beyond our control, including but not limited to an Event Outside Our Control. We are not liable for any delay or failure to deliver or supply any products, services or third-party warranties if this delay or failure is due to events beyond our reasonable control. We will make every effot to notify you of any delays or failure to supply any products, services or third-party warranties by email or over the phone, we will usually advise new delivery times or give you an opportunity to amend or cancel your order. This does not affect your consumer rights.
The Products will be at your risk from the time of successful delivery, if using our third-party courier service to the United Kingdom address which we specify in our order confirmation to you, or the alternative address you have provided before delivery, or in the effect of your own collection/delivery to us from the time your courier has in their possession the products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
Where you are a consumer and you have purchased either online, over the phone or by mail order, you have the right to cancel the contract for any products or services without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015. If you have purchased instore the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015 do not apply to your transaction. However, regardless of how you make your purchase, your purchase is protected by the Consumer Rights Act 2015. This right is in addition to your statutory rights for defective products as summarised in section 6 and in accordance with the Sale of Goods Act 1979.
We shall not be liable to you (including under the contract or in negligence) for any loss of profits or other business losses, or for any losses which were not foreseeable by us when the contract was made, or for any losses causes by your breach of the contract, or for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us.
We are not responsible or liable for anything other than injury or death caused by the sofa itself. And that we are not responsible for third-party damages, such as delivery damage.
We shall be entitled to assign the benefit of the contract and any debts under the contract. You may not transfer the benefit of the contract or any rights under or in relation to it to anyone else without our prior written consent.
We may sub-contract our obligations under our contract.
The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
All discount codes are applied to the value of the order, excluding delivery costs (unless otherwise stated) and are subject to our general Terms and Conditions. The discount code must be entered into the Voucher Code field on the basket page and applied for the discount to be deducted from the order. Code expiry dates will be communicated when issued (for example, printed on the source material – advert / insert – or on email). Unless stated, discounts cannot be combined and only one offer can be applied to any order. Items already discounted on site such as our Outlet, displaying a 'Was' and 'Now' price are also excluded from discount codes. We reserve the right to amend these T&Cs at any time and to withdraw this offer at any time.
We reserve the right to change these terms and conditions of sale from time to time and may update our website accordingly. Any such change will only apply to orders made by you after the date of the change. By ordering from our website you agree to be bound by the latest version of our terms and conditions of sale at the time of your order. You are responsible to visit our website to determine the current terms applicable.
ARLO & JACOB
1st NOVEMBER 2014 VERSION
We draw your attention to clause 12 setting out a disclaimer of our liability.
You must be eighteen (18) years of age or older to purchase from us.
We only offer contracts in the English language.
You should keep a copy of this document for future reference.
1. About This Document
2. Information About Us
3. Who Is Our Website Targeted At?
Our website is targeted only at people who reside in the United Kingdom, and the products on our site are intended for people who reside in the United Kingdom. We do however consider orders from individuals who reside outside of the United Kingdom, at our sole discretion, so please contact us if you require delivery outside the United Kingdom and please note that additional terms and charges may be applicable.
5. Accuracy Of Content
Whilst we make all reasonable efforts to ensure that all information on this site, including product information, availability and pricing, is accurate, complete and up to date, just occasionally there may be errors which we fail to notice for which we do not accept any liability. In addition, such information is only up to date as at the time you visit the website. We reserve the right to correct any errors and to change any information (including products, availability, pricing and delivery charges) at any time without notice. If any change affects an order you have submitted, then under our applicable terms and conditions of sale or service we will give you the opportunity either to accept the change or to cancel the order and get a refund.
6. Availability Of Our Site
Our website will only be available at such times as we may decide, and we do not guarantee that our website will always be available or be uninterrupted. We may suspend our website at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our website at any time without notice. We may deny you personally access to our website on a temporary or permanent basis at any time, with or without cause and with or without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
7.2 Ordering process
Our website constitutes our invitation to do business with you. However, it is not a binding legal offer from us. To order products or services from us, you need to select and order them using the checkout process on our website, or telephone us. A legally binding contract will only be formed when your order is accepted by us.
7.3 Terms and conditions of sale
Contracts for the sale or supply of goods or services by us (whether formed through our site or as a result of visits made by you) are governed by our current terms and conditions of sale and service at the time of order, which are available on request or through this website.
8.1 Mandatory information
Some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and may denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you do not need to fill it in if you do not wish to do so.
8.2 Accuracy of your information
When you submit any form to us, you represent to us that the information it contains is true, accurate, current, and complete in all respects, and that you are the person identified in the form, and that the form is submitted by the person identified in the form or by a person with their authority to do so. We will rely on the truth and accuracy of the information you provide.
8.3 Error correction
You may at any time before submitting your form use the back button on your browser to go back and correct or change any information. If you think there is any error in the information you have provided after you have submitted it, you can contact us at any time to correct it.
9. Accounts And Other Registration On Our Website
9.1 Requirement for registration
To use some of the services or features made available to you on our website (such as accounts, forums, memberships, review and comment functionality, and loyalty programmes) you may need to register with our website. We may accordingly restrict access to some parts of our website and functionality on our website to persons who have registered with us for access to that part or functionality.
9.3 Updating your information
Should any of your registration information change, you must update your details using functionality provided within our website or alternatively contact us.
9.4 Log-in details
9.5 Use of your registration
Anything done through your registration with our website is deemed to be done by or on behalf of you with your full authority.
9.6 Suspension and termination
We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our website at any time and for any reason, with or without prior notification to you.
10. Our Intellectual Property Rights
You acknowledge that we and the companies in the same group of companies as us own the copyright, trademarks and all other intellectual property rights in this site and all products identified on this site.
10.2 Licence to you
11. Your Conduct And Content
11.1 Use of our website
You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for or in connection with any unlawful or criminal activity. You must not seek to gain access unlawfully to our website or any underlying systems. You must not use our website to market or advertise any third party, including any third party products or services.
11.2 Customer review and other interactive functionality
We may offer comment and review facilities and other interactive functionality from time to time, enabling you and others to post content to our website. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time without giving any reason or notice to you. You agree that you will be personally responsible for your use of all interactive functionality and for all of your communication and activity on our website. You agree that we will not be responsible or liable for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using our community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.
11.3 Your content
You shall ensure that anything you post to our website (including text and pictures), whether as a customer review or through our other interactive functionality: (a) reasonably relates solely to us and our products and services and is an expression of provable fact and not unsubstantiated opinion; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, or an expression of prejudice based on race, sex or any other protected characteristic, and is not an incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) is not capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trade marks or our website content; (h) is not personal data of a third party; (h) is not using our site to promote and advertise any business, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software or a virus. Any content you upload to our community functionality will be considered non-confidential. 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 website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.
11.4 Licence of your content
In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world and for any purpose. In particular, by posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content enters the public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation to such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.
You must not misuse our site by knowingly introducing viruses. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. You should ensure that any phone, tablet, laptop or other computer that you use to access this website has up to date firewall, anti-virus and other security software running on it, to provide you with protection against any viruses which may have infected our website or systems in spite of any security measures that we may deploy, or which may be present on any third party website that you may visit which is linked to from our website. We do not represent or promise that our website (including its content and systems) will be free from any third party viruses, or that any third party website that our website may link to will be free from viruses. A virus includes any spyware, exploit, trojan, worm, logic bomb or other malicious or deliberately harmful software or material.
12. Limitation And Exclusion Of Our Liability
12.1 Protected liability
Nothing in the following clauses shall affect, and we do not limit or exclude, any liability we may have to you for: death or personal injury; loss or damage to physical property; fraud or fraudulent misrepresentation; under the Data Protection Act 1998, including liability for failing to take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; or which may not be limited or excluded by law.
12.2 Sale contracts
12.3 Website usage
12.4 Excluded Losses
We shall not be liable to you (including in contract or in negligence) for: (a) any loss of profits, revenue, contract, goodwill, business data or other business related loss or damage; (b) any losses which were not foreseeable by us when the contract was made; (c) any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us; (d) any losses caused by any act or omission on your part; or (e) anything caused by any event or circumstance beyond our reasonable control.
We reserve the right to change these website usage terms from time to time and will update this page accordingly. By using this site you are accepting these terms and agree to be bound by any such revisions in effect at the time of use. You should therefore periodically visit the web page to determine the current usage terms applicable.
These terms, your use of our website, and any claim relating to our website or based information on our website, is subject to the law of England and Wales, and any claims are to be brought exclusively in the courts of England and Wales.