Chemist Click Terms and Conditions of Business
These Terms and Conditions are the standard terms for the provision of services and the sale of goods by Chemist Click.
1. Definitions and interpretation
1.1 In these Terms and Conditions, the following expressions have the following meanings:
"Business Day" means any day other than a Saturday, Sunday or bank holiday in England and Wales;
“Chosen Carrier” means the delivery service We use to dispatch and deliver Goods to you;
“Contract” means the contract for the provision of Services, as explained in Clause 3;
“Goods” means the goods you wish to buy and that We sell to you as specified in your Order (and confirmed in Our Order Confirmation);
“Pre-Contract Information” means information about Us, the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which will be made available to you on Our website;
“Price” means the price payable for the Goods and/or Services;
“Returns Address” Means Chemist Click, Regus Building, Cardinal Point, Park Road, Rickmansworth, WD3 1RE
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means any special offer price payable for Goods and/or Services which We may offer from time to time;
“Order” means your order for Goods and/or Services;
“We”, “Us” and “Our” means C Click Ltd, a company registered in England and Wales under company number 11226890 and whose registered office is at 20-22 Wenlock Road, London, N1 7GU.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, fax or other means.
2. The Contract
2.1 These Terms and Conditions govern the sale of Goods and the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure you have read these Terms and Conditions and any Pre-Contract Information carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
2.4 We shall ensure the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
- 2.4.1 the main characteristics of the Goods and/or Services;
- 2.4.2 Our identity (set out in Clause 1.1 above) and contact details (set out below in Clause 14.1);
- 2.4.3 the total Price for the Goods and/or Services including taxes;
- 2.4.4 the arrangements for payment, performance and the time by which (or within which) We undertake to deliver the Goods and/or perform the Services;
- 2.4.5 Our complaints handling policy;
- 2.4.6 where applicable, details of after-sales services and commercial guarantees; and
- 2.4.7 the duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
2.5 When you place your Order, you have to answer a series of questions and provide Us with information about your health and condition. When We enter into the Contract with you, we rely in good faith on your answers to those questions and the information you provide. A failure to answer truthfully or providing incomplete, inaccurate or outdated information could have severe or life-threatening consequences. It is therefore vital for your health and wellbeing that you answer the questions truthfully and that all information you provide is complete, up-to-date and accurate. If you do not do so, We will not be responsible for any loss, damage or injury you suffer as a result of purchasing Goods and/or Services from Us but you will be responsible to Us for all losses, damages, fines, penalties and costs (including, but not limited to, legal costs) We suffer because of your actions.
2.6 Our website is neither designed nor suitable for the treatment and/or management of a medical emergency, any acute condition, any condition that warrants diagnosis or treatment in person, or where diagnosis or treatment is required urgently. You place your Order on the bases that the information provided on Our website is not intended to replace advice provided to you by your GP, and that you should always consult with your GP about the Goods and/or Services supplied through Our site.
3.1 All Orders for Goods and/or Services made by you will be subject to these Terms and Conditions.
3.2 You may change your Order at any time before We dispatch the Goods or begin providing the Services by contacting Us in writing.
3.3 If your Order is changed, We will inform you of any change to the Price in writing.
3.4 We may cancel your Order at any time before We dispatch the Goods and/or begin providing the Services due to the unavailability of stock, the unavailability of the required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 4, the payment(s) will be refunded within 14 days of Us informing you of the cancellation and made via the same payment method originally used by you. Cancellations will be confirmed in writing.
4. Price and payment
4.1 The Price of the Goods and/or Services will be that shown on Our website in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
4.2 If We offer a Special Price which is different to the Price shown on Our website, the Special Price will be valid for the period shown on Our website. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
4.3 Our Prices may change at any time, but these changes will not affect Orders We have already accepted.
4.4 All Prices (excluding prescription items) include applicable VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received full payment from you.
4.5 We have made every reasonable effort to ensure that Our Prices, as shown on Our website are correct. Prices will be checked when We process your Order. If the correct Price of the Goods and/or Services is lower than that shown on Our website, you will be charged the lower Price. If the correct Price of the Goods and/or Services is higher than that shown on Our website, We will inform you and ask you how you wish to proceed.
4.6 Our Prices for Goods do not include the cost of delivery. We normally offer standard and premium delivery options, however your choices may be limited for certain Goods owing to the nature or characteristics of those Goods. The cost of your chosen delivery method will be added on to the final sum due.
4.7 All payments for Goods and/or Services must be made in full, in advance, before We will dispatch the Goods to you and/or start to provide the Services.
5. Delivery of Goods
5.1 Delivery of Goods is only possible within the United Kingdom, and select European countries
5.2 When We send you an Order Confirmation, We will provide an estimated delivery date. Estimated delivery dates may vary according to the availability of Goods and/or your location. In any event, subject to any circumstances beyond Our control, and subject to any longer period to which you agree when placing your Order (for Goods that We stock only on demand, for example), Goods will be delivered to you no more than 30 days after the date the Contract is formed.
5.3 Delivery will be deemed to have taken place when the Goods have been received by you (or another person identified by you) at your chosen delivery address.
5.4 If for any reason Our Chosen Carrier is unable to deliver the Goods at your chosen delivery address, Our Chosen Carrier will leave a note informing you that the Goods have been returned to the Chosen Carrier's distribution centre, requesting that you contact them to arrange re-delivery or collection
5.5 The responsibility for the Goods remains with Us until delivery is complete as defined in Clause 5.3, at which point it will pass to you.
5.6 You own the Goods once We have received payment in full for them.
6. Returns & Refund Policy
6.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any Pre-Contract Information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us in writing as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
6.2 Beginning on the day you receive the Goods (and ownership of them) you have a 30-day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30-day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day you receive the replacement or repaired Goods. If less than seven days remain out of the original period, it will be extended to seven days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
6.3 You will not be eligible to claim under this Clause 6 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Also, you may not return Goods to Us under this Clause 6 merely because you have changed your mind: you have a statutory right to a 14-day cooling off period within which you can return Goods for this reason, as set out in Clause 7.
6.4 To return Goods to Us under this Clause 6, you may do so by post or another suitable delivery choice to Our Returns Address. We will be fully responsible for the costs of returning Goods under this Clause 6 and will reimburse you where appropriate.
6.5 Refunds (whether full or partial, including reductions in the Price) under this Clause 6 will be issued within 14 days of the day on which We agree that you are entitled to the refund and via the same payment method originally used by you. If your card has expired, we will issue a cheque instead.
6.6 All refunds issued under this Clause 6 will include all delivery costs paid by you when the Goods were originally purchased.
6.7 Where we have tried to contact you regarding a prescription order, and have not heard back, you will be refunded 6 months after not hearing back. This will incur an admin fee.
7. Cancellation Policy (Your right to cancel if you change your mind about Goods)
7.1 You have a statutory right to cancel your Contract with Us up to 14 days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods under Clause 5.3). You may cancel your Contract and return the Goods to Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, Clauses 7.2, 7.6.3 and 7.8 will apply.
7.2 If you wish to exercise your right to cancel under this Clause 7, you must inform Us of your decision in writing. Please ensure you inform Us of your decision to cancel before the 14-day period in Clause 7.1 expires. (The cancellation period is defined as whole days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.) Please send your cancellation notice to the email or postal address set out in Clause 14.1.
7.3 Your statutory right to cancel is lost if the Goods:
- 7.3.1 were sealed for health or hygiene reasons and you have unsealed those Goods after receiving them; or
- 7.3.2 have been inseparably mixed with other items after you have received them.
- 7.3.3 have nothing wrong with them and only the outer packaging is damaged
Because of the nature of the Goods We sell, it is very likely this Clause 7.3 will apply to your purchase of Goods from Us and that you will therefore have no right to cancel or receive a refund if you open or unseal the Goods.
7.4 You must return the Goods to Us no more than 14 days after the day on which you have informed Us that you wish to cancel under this Clause 7.
7.5 You may return Goods to Us by post or another suitable delivery service of your choice to Our Returns Address. For Goods returned under this Clause 7, We will reimburse you for reasonable postage or shipping costs (up to the equivalent of Royal Mail 1st class standard postage).
7.6 Refunds under this Clause 7 will be issued to you within 14 days of:
- 7.6.1 the day on which We receive the Goods back; or
- 7.6.2 the day on which you inform Us (supplying evidence) you have sent the Goods back (if this is earlier than the day under Clause 7.6.1); or
- 7.6.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us you wish to cancel the Contract.
7.7 Refunds under this Clause 7 may be subject to deductions in the following circumstances:
- 7.7.1 for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 7, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop);
- 7.7.2 We will make no deductions for damage to delivery packaging (i.e. additional packaging into which We have placed the Goods in their original packaging such as bubble wrap or a brown box) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging); and
- 7.7.3 standard delivery charges (see Clause 4.6) will be reimbursed in full along with the Price of the Goods. However, We cannot reimburse any additional costs for premium delivery. If you chose a premium delivery option when you ordered the Goods, We will only reimburse the equivalent standard delivery costs as part of your refund.
7.8 Refunds under this Clause 7 will be made using the same payment method you used when ordering the Goods.
7.9 If any of the following occur, you may reject the Goods and cancel the Contract immediately by giving Us written notice. If you have made any payment to Us for the Goods, these sums will be refunded to you within 14 days of Our acceptance of your cancellation. You will not be required to give one Business Day’s notice if:
- 7.9.1 We have breached the Contract in any material way and have failed to remedy that breach within 10 Business Days of you asking Us to do so in writing;
- 7.9.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
- 7.9.3 We are unable to supply the Goods due to an event outside of Our control (as under Clause 12.2.4); or
- 7.9.4 We change these Terms and Conditions to your material disadvantage.
8. Providing the Services
8.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the dispensing pharmacy sector, and in accordance with any information provided by Us about the Services and about Us.
8.2 We will begin providing the Services on the date confirmed in Our Order Confirmation.
8.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs.
8.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
8.5 If the information or action required of you under Clause 8.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
8.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under Clause 8.4, We may suspend the Services, and We will inform you of that suspension in writing.
8.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, We will inform you in advance in writing before suspending the Services.
8.8 If the Services are suspended under Clauses 8.6 or 8.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices you have already received from Us by their due date(s).
8.9 If you do not pay Us for the Services as required by Clause 4, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing.
9. Problems with the Services and your legal rights
9.1 We always use reasonable efforts to ensure Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us in writing as soon as is reasonably possible.
9.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
9.3 We will not charge you for remedying problems under this Clause 9 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, Clause 8.5 will apply and We may charge you for remedial work.
9.4 As a consumer, you have certain legal rights with respect to the purchase of services. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued within 14 days starting on the date on which We agree that you are entitled to the refund and made via the same payment method originally used by you. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described. For full details of your legal rights and guidance on exercising them, contact your local Citizens Advice Bureau or Trading Standards Office.
10. Description and specification of Goods
10.1 We make every reasonable effort to ensure the Goods conform to illustrations, photographs and descriptions provided on Our website. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. Nothing, however, excludes Our liability for mistakes due to negligence on Our part
10.2 We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract, please refer to Clause 6.
10.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any website copy, verbal descriptions, sales and marketing literature, price lists or any other information, We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 6. If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods within 14 days via the same payment method originally used by you.
10.4 We may make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
11. Our liability
11.1Subject to Clause 11.2, We will be responsible for any foreseeable loss or damage you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence, or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 Subject to Clauses 11.4, 11.5 and 11.6, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with Our supply of Goods and/or Our provision of Services to you shall be limited to the amount paid by you in respect of such Goods and/or Services.
11.3 We only supply Goods and provide Services for domestic and private use (or purposes). We make no warranty or representation that the Goods or Services are fit for commercial, business or industrial purposes of any kind (including resale). By making your Order, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
11.5 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
11.6 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.
12. Events outside of Our control
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- 12.2.1 We will inform you as soon as is reasonably possible;
- 12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits We are bound by will be extended accordingly;
- 12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
- 12.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under Clause 7.9.3 (for Goods) or 13.3.3 (for Services). Any refunds due to you as a result of that cancellation will be paid to you within 14 days of Our acceptance of your cancellation notice and made via the same payment method originally used by you;
- 12.2.5 If the event outside of Our control continues for more than six weeks, We will cancel the Contract in accordance with Our right to cancel under Clause 7.9.3 or 13.3.3 (as applicable) and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you within 14 days of Our cancellation notice and made via the same payment method originally used by you.
13. Cancellation of Services
13.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under Clause 3.4.
13.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us one Business Day’s written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you within 14 days of Our acceptance of your cancellation and made via the same payment method originally used by you.
13.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you within 14 days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4. You will not be required to give one Business Day’s notice if:
- 13.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 10 Business Days of you asking Us to do so in writing;
- 13.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
- 13.3.3 We are unable to provide the Services due to an event outside of Our control (as under Clause 12.2.4); or
- 13.3.4 We change these Terms and Conditions to your material disadvantage.
13.4 We may cancel your Order for the Services before the Services begin under Clause 3.5.
13.5 Once We have begun providing the Services, We may cancel the Services and the Contract immediately at any time by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you within 14 days of Our cancellation notice and made via the same payment method originally used by you. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4.
13.6 If any of the following occur, We may cancel the Services and the Contract immediately at any time by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you within 14 days of Our cancellation notice and made via the same payment method originally used by you. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4. We will not be required to give notice if:
- 13.6.1 You fail to make a payment on time as required under Clause 4;
- 13.6.2 You have breached the Contract in any material way and have failed to remedy that breach within five Business Days of Us asking you to do so in writing; or
- 13.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in Clause 12.2.5).
13.7 For the purposes of this Clause 13 a breach of the Contract will be considered “material” if it is not minimal or trivial in its consequences to the terminating party (i.e. you under Clause 13.3.1 and Us under Clause 13.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
14. Communications and contact details
14.1 Should you wish to contact Us, you may do so by telephone at 01923549040, by email at firstname.lastname@example.org or by post to Chemist Click, Cardinal Point, Park Road, Rickmansworth, WD3 1RE.
14.2 In certain circumstances you must contact Us in writing. When contacting Us in writing you may use the email or postal address set out in Clause 14.1.
15. Complaints and feedback
15.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, a copy of which is available on written request.
15.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in using the details set out in Clause 14.1.
16. How We use your personal information (data protection)
16.1 All personal information We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
16.3 By using this service, you give Us permission to check the personal details provided by yourself, using ID verification software. The software checks the data held by credit agencies, but will not affect your credit rating in any way.
17. Other important terms
17.1 We may transfer, assign or novate Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
17.2 You may not transfer, assign or novate your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our prior written consent.
17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means We will waive any subsequent breach of the same or any other provision.
18. Governing law and jurisdiction
18.1 These Terms and Conditions, the Contract and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
18.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.