TERMS AND CONDITIONS
Please read these Terms carefully and make sure that you understand them before ordering any item from us through our site. These terms and conditions (“Terms”) will apply to any contract between OSS Technology Ltd (Online Spy Shop) for the sale of products to you (“Contract”).
Please note that before placing an order, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us. We take steps to ensure customer confidentiality is maintained whilst visiting and purchasing an item/s through our website.
Under no circumstances does any employee of the company or our associated partners disclose customer credentials to a third party, except to process your order and provide the Products to you. (see our Privacy and Security Policy for further details).
We amend these Terms from time to time as set out in Section 19 with the last updated terms published here on 08/01/22. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. Unless otherwise agreed, all sales of Products are made on these Terms.
No variation of these Terms or any terms supplied with any order form or other document provided to you will be binding with Online Spy Shop unless confirmed in writing by a company director.
1. INFORMATION ABOUT US
1.1. We operate the website Online Spy Shop. We are OSS Technology Ltd, a company registered in England and Wales under company number 06986542 and with our registered accounts office at 76 Manchester Road, Denton, Manchester, M34 3PS. Our trading address is Landmark House, Station Road, Cheadle Hulme, SK8 7BS, UK. Our VAT number is GB 916 6388 94.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1. Our online order process allows you to check and amend any errors before submitting your order to us. After you place an order, you may receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
2.2. We will confirm our acceptance by sending you an e-mail that confirms the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.1. The prices of the Products will be as quoted on our site when you submit your order. We take reasonable care to ensure that the product prices are correct when the relevant information was entered into the system. However, please see Section 3.7 for what happens if we discover an error in the Product's price (s) you ordered.
3.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
3.3. All prices on our website are shown in Pounds Sterling (£) and include VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
3.4. VAT exempt customers outside the EU will automatically qualify for a VAT deduction during the Checkout process. For all orders, we will provide a valid VAT receipt upon request.
3.5. Further details regarding VAT regulations can be found by visiting hmrc.gov.uk.
3.6. The price of a Product does not include delivery charges unless indicated at the Checkout. Our delivery charges are as advised to you during the checkout process before you confirm your order. For more information on our delivery charges, please see Section 5.
3.7. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error, and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we cannot contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
We accept payment online by all the major credit and debit card processors including Visa, MasterCard, Maestro and American Express. We also welcome payment by Bank Transfer (BACS).
4.1. Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we dispatch your order.
4.2. Unless otherwise agreed, full payment is required with any order or before delivery of the goods. Online payments are processed using the Stripe payment gateway.
4.3. Stripe has a global reputation in maximising the safety of credit or debit cards made through online transactions by using encrypted SSL secure socket layers in compliance with the world banking industry.
4.4. Any attempts to use credit cards fraudulently will be handed straight to the police in the region where the fraud originated. We are committed to our fight against fraud and will prosecute every case to the full extent of the law.
4.5. All orders placed must pass a series of strict security checks before any products are dispatched, and we trust that our genuine customers will understand the reasons for this.
5.1. We will deliver the goods ordered by you to the specified delivery address you have provided us when you make an order. Once goods have been delivered to you, they will be held at your own risk, and we will not be liable for their loss or destruction.
5.2. Delivery is subject to the availability of stock at the time of your purchase. We will endeavour to dispatch orders on the same working day providing full payment is received before 15:00 pm Mon-Fri (except where Bank holidays and other unforeseen circumstances are outside of our control) and providing the equipment ordered is not a customised product. [For customised products, we will advise you of the delivery date when you place your order and confirm it when we send the Dispatch Confirmation referred to in section 2.2].
5.3. For any goods ordered that are not held in stock at the time of your purchase, delivery times may take up to 28 days, in which case we will inform you accordingly.
5.4. Before placing an order, it is advisable to contact us for accurate delivery timescales. For all deliveries, a signature is required to release the goods. If you cannot sign for the delivery, please contact us to arrange another mutual agreement for delivery without a signature.
5.5. Time shall not be of the essence in respect of any agreed delivery date. If we miss the agreed day delivery deadline for any Products then, only if you are a consumer you may cancel your order straight away if any for the following apply: 5.5.1. we have refused to deliver the Products; 5.5.2. delivery within the delivery deadline was essential (considering all the relevant circumstances), or 5.5.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
5.6. If you do not wish to cancel your order straight away or do not have the right to do so under Section 5.5; you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
5.7. If you are entitled to cancel your Order for late delivery under Section 5.5 or Section 5.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order, we will refund any sums you have paid to us for the cancelled products and delivery.
5.8. Orders placed through the Online Spy Shop website, which total under £100.00 (excl VAT), are subject to a delivery charge within the United Kingdom and Northern Ireland (Northern Ireland may apply to new EU rules) to the current value of £7.99 ex VAT. Orders which total over £100.00 (ex VAT) will be sent FREE delivery within the UK only.
5.9. The option to expedite a weekday and weekend delivery are made available at the time of purchase; however, this is not a free service. Customers using an expedited delivery service other than our standard free delivery service is non-refundable, as explained in section 7.6.2.
5.10. For customers outside the UK mainland, we use a delivery courier service appropriate to your location with a minimum delivery charge of £25.00 and a minimum delivery timeframe of up to 4 working days.
5.11. In some cases, the dimensions and weight of the package may incur additional charges above the selected delivery method. In this situation, we may need to contact you before sending the goods if the dimensions and weight are deemed too excessive.
5.12. Customers outside the UK mainland may be responsible for import duties and local taxes (if applied by the local authorities). For further details, please read ‘Import Duty’ further in these Terms and Conditions.
6. INTERNATIONAL DELIVERY
6.1. If you order Products from our site for delivery to an international delivery destination, your order may be subject to sales tax and import duties, which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount; however, as a guideline only, please refer to https://www.simplyduty.com/import-calculator/
6.2. You will be responsible for the payment of any such sales tax and import duties. For delivery destinations within the EU, due to new EU trading rules between the United Kingdom and the EU, we will email you prior to dispatch to explain the new sales tax and import duties that you may be liable for and offer the option to continue with your purchase or cancel the order for a full refund. It is also advised to contact your local customs office for further information before placing an order with us to accurately calculate applicable fees when a Product/s enters your country.
6.3. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law. See Section 14; Legal Status of Products.
6.4. If you reject your shipment due to applicable sales tax and/or Customs Duty fees, we will provide a refund once the goods have been returned; however, the cost of the outbound and inbound (return) shipping fees are borne by you (the buyer) and will be deducted from the final refund value.
6.5. If your shipment is undeliverable after several attempts by the shipping courier due to yourself or another person acting as the signature on your behalf being absent from signing for the goods, we will provide a refund once the goods have been returned; however, the cost of the outbound and inbound (return) shipment fees are borne by you (the buyer) and will be deducted from the final refund value.
7. CONSUMER RIGHT OF RETURN AND REFUND
We want you to be completely satisfied when you make a purchase from Online Spy Shop. It is our aim to offer you value and quality, therefore, if you are not happy with any aspect of your purchase, please read the below consumer rights to return your purchase.
7.1. Section 7 only applies if you are a consumer. Further advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2. If you are a consumer, you have a right to cancel a Contract, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, during the period as set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.3. However, this cancellation right does not apply in the case of:
7.3.1. any sealed Products have been removed or broken after you receive them;
7.3.2. any Products tampered with or dismantled, especially electrical equipment, would void the Product’s warranty;
7.3.3. any Products that have been used and abused with no intention of keeping.
7.3.4. any custom build or custom design orders.
7.4. Your right to cancel the Contract starts on the date of receiving the purchase confirmation e-mail, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
7.4.1. If you have ordered a single Product (which is not delivered in instalments), the deadline for cancellation is the end of 14 days after the day on which you receive the Product.
7.4.2. If you have ordered multiple Products or a single Product delivered in instalments, the deadline for cancellation is the end of 14 days after the day on which you receive the last of the separate Products or the last instalment of the Product.
7.5. To cancel the Contract, you need to let us know that you have decided to cancel using the following method:
7.5.1. Contact our e-mail: [email protected] or through the site's Contact Us page. If you use these methods, we will reply by e-mail to confirm we have received your cancellation request and send a Model Cancellation Form to begin the process of terminating the contract between us.
7.5.2. If you are e-mailing, please include details of your order to help us identify it. If you send us your cancellation notice by e-mail, your cancellation is effective from the date you send us the e-mail.
7.6. If you cancel your Contract, we will:
7.6.1. refund you the price you paid for the Products. We are entitled to inspect the returned Products and request a reduction of your refund to reflect any depreciation in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we can inspect the goods and later discover you have unacceptably handled them, you must pay us an appropriate amount.
7.6.2. refund any delivery costs you have paid, although the maximum refund will be the costs of delivery by the standard delivery method we offer. Expedited delivery or weekend delivery costs are not refundable unless the Product is faulty or misdescribed under Section 7.7.
7.6.3. make any refunds due to you as soon as possible and in any event within the Consumer Law deadlines. If you have received the Product and we have not offered to collect it from you: 14 days after 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 Section 7.2.1.
188.8.131.52. If you have not received the Product or you have received it, and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.7. If you have returned the Products to us because they are faulty or misdescribed, we will refund the products' price in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item.
7.8. We will refund payments back to the payment method you used to pay for the Products.
7.9. If you decide to cancel your Contract after receiving the Product:
7.9.1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back by secure post or return it to us in-store at the address above;
7.9.2. unless the Product is faulty or not as described (in this case, see Section 7.7), you will be responsible for the cost of returning the Products to us. If the Product cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
7.9.3. products must be unused and returned in the same condition as received, complete with all original packaging and accessories. Our full name and address (provided on the Returns Form we will e-mail to you) should be clearly marked on the face of the parcel, and the reverse of the parcel, your Order Number (provided on your invoice or confirmation e-mail) should be written to help us identify your parcel as a priority.
7.10. Because you are a consumer, we are under a legal duty to supply Products that conform with this Contract. As a consumer, you have legal rights concerning Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Section 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. RETURNS OF CUSTOM ORDERS, AND FOR NON-CONSUMER CUSTOMERS
8.1. If a customer changes their mind midway through a custom build order, we reserve the right to charge labour costs plus any other additional costs, such as for materials used or ordered for the custom build.
8.2. Claims for non-delivery of goods must be notified to Online Spy Shop within 7 days of the invoice purchase date. This should be done by contacting us through our site's Contact Us page or by e-mail to inform us about such non-delivery.
8.3. Faulty goods will be accepted for return and must be returned in the same condition as received, complete with all original packaging and accessories.
8.4. Custom build products that have later received a fault and need to be returned for repair may incur additional postage and packaging costs, even under the manufacturer’s warranty.
9. FREE | INCLUDED | SUPPLIED ITEMS
9.1. We may include additional accessories to ensure a smoother product experience; for example, we may include batteries or an SD card so that products are ready to operate when receiving them. These additional accessories are expenses the company absorbs but needs to be returned in the event of a refund. All accessories are the ownership of Online Spy Shop until the product is deemed accepted by the customer.
10. PRODUCT AVAILABILITY
10.1. As a result of continuous product development, the specification and/or design of goods may vary from any images, designs, or accompanying descriptions shown on the site.
10.2. Every care has been taken to ensure that the colour reproduction in descriptions of products on our website and printed or promotional material is a reasonable representation of the Products when going to press. However, you acknowledge that slight variations between the Product as represented in those descriptions and the Product supplied can occur due to differences in colour reproduction and display technologies and techniques. We cannot accept any responsibility for any variation in colour caused by the type of printer or browser software or computer screen, or operating system used.
11. PRODUCTS THAT USE SERVERS | APPS (SEE ALSO SECTION 15)
Products that rely on a manufacturer's hosted server and/or apps that rely on servers such as vehicle tracking and WiFi-enabled cameras are outside of our control and it is accepted under these Terms and Conditions that should the manufacturer's server become unavailable either temporarily or permanently, we cannot be held liable for downtime or loss of service and product use. We will endeavour to find a solution but we can not guarantee a time frame or if an alternative solution will be commissioned. Please also refer to Section 15 of the Fair Use and Ethics Policy.
12. GUARANTEE AND LIABILITY
12.1. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
12.2. All goods supplied by Online Spy Shop are covered with a 12-month warranty against faults and defects commencing from the date you receive the item. We will endeavour to repair swiftly or replace any item which has developed a manufacturers fault within the warranty period.
12.3. The warranty does not cover misuse of any item, general depreciation or wear and tear of an item. Under the circumstances such as these, we can offer to send the item/s back to the manufacturer or order any new parts needed to repair the item. The consumer must cover applicable costs.
12.4. After the warranty period has expired, any returns will be chargeable, including any applicable costs for outward and inward shipping, customs, labour and materials costs which the consumer must cover.
12.5. We do not exclude our liability:
12.5.1. for death or personal injury caused by its negligence;
12.5.2. for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982;
12.5.3. for defective products under the Consumer Protection Act 1987;
12.5.4. for fraud or fraudulent misrepresentation; or
12.5.5. any other liability which cannot lawfully be excluded.
12.6. Subject to Section 12.1 and 12.5 above, Online Spy Shop accepts no liability whatsoever for any loss, harm or damage concerning the Products, including but not limited to any liability for indirect or consequential loss, loss or corruption of data, or loss of profits, revenue, business or goodwill except for liability for death or personal injury, arising as a direct result of any representations, breach of contract or negligence caused by Online Spy Shop.
12.7. Subject to Section 12.1 and 12.5:
12.7.1. Online Spy Shop shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract; and
12.7.2. Online Spy Shop's total liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid and/or payable by you under the Contract.
12.8. We accept no liability for death or personal injury resulting from any misuse or modification of items or damage by a person other than us or our carrier.
12.9. All conditions, warranties, guarantees and representations, express or implied, by statute, common law, or otherwise concerning the goods (other than any liability which Online Spy Shop is not permitted by law to exclude or restrict) are hereby excluded.
12.10. Online Spy Shop does not represent or warrant the accuracy or completeness of, nor is it responsible for any reliance placed on, information accessible via this website or links to other websites from this website.
12.11. Any information accessed through the website, including any reviews of items or recommendations, as well as the information contained within any associated sections of the Site, such as emails from Online Spy Shop, the Blog, or other social media, is a statement of our general opinion and does not constitute expert advice to be relied upon.
The information is not ever to be relied upon as a statement of fact or for legal responsibility and should only be viewed as a subjective opinion. If you have any questions or wish to ask our advice on any product, please contact us by phone or email.
12.12. Online Spy Shop has no liability whatsoever regarding any use made of any information accessed through the website or made available through your use of the website.
12.13. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability regarding the export or import of the goods you purchase.
13. USER ERROR
13.1. Online Spy Shop cannot be held responsible for the consumer purchasing an item/s incompatible with the software or certain operating systems. While we will endeavour to inform you of compatibility issues in our website's product description, we recommend that you contact us to ensure that a product will work with your system.
13.2. We cannot accept responsibility for a user error that may cause damaging side effects to either the product or anything working in conjunction with said product. In this case, the user will not be entitled to any form of refund or a free replacement.
14. LEGAL STATUS OF PRODUCTS
14.1. All responsibility for any infringement of another person or their right to privacy is squarely upon the customer. As such, it is the customer’s responsibility to ensure that the equipment is used in compliance with all Privacy Rights, Human Rights, Civil and Criminal Laws active in the area of use. By accepting these Terms and Terms and placing an order with us, you (the customer) agree to take full responsibility for using any equipment purchased from the Online Spy Shop.
15. FAIR USE AND ETHICS POLICY FOR APPS
As a trusted and reliable supplier of safe and tested surveillance equipment, we also have to ensure a safeguard measure against any illicit and/or malicious use of any app that we are associated with. As part of our fair use and ethics policy it is our duty to ensure that should you be found to be carrying out malicious, coercive or abusive espionage using our equipment that could be used against others in a harmful or disruptive manner, that we will help the authorities where legally permitted in order to certify said misuse.
15.1 PROHIBITION. You are strictly prohibited from using any of our remote surveillance equipment in bathrooms, washrooms, or bedrooms that house adolescent children for any reason whatsoever. If found doing so, your account will be suspended immediately and the authorities will be supported in gathering any information necessary on stopping such acts.
15.2 COERCIVE OR CONTROLLING BEHAVIOUR ACT. In aid of section 76 of the serious crime act, any person knowingly or willingly able to deploy a camera without the other person(s) knowledge and/or consent in order to control or coerce said individuals will result in account suspension and we will help the authorities where legally permissible.
15.3 RESELLERS RIGHT TO REFUSE SALE OF GOODS. Our resellers are backed 100% by the developers of said technology, and understand that as they are 'Front of House' when it comes to sales, they have the right to refuse the sale of any remote surveillance equipment if they have the knowledge, or have become privy to knowledge pertaining to the fact that said buyer has permitted or known to have engaged in illicit activities involving remote surveillance cameras or technology for any of the above reasons or new information that has arisen.
15.4 COVENANT OF PROTECTION RIGHT TO REFUSE REFUND. By purchasing any of our equipment, you 'The Buyer' can be refused any full or partial refund if the product has been opened without our consent, tampered with, or intentionally made faulty to which we will provide evidence of such tampering once we receive said item.
By purchasing any of our equipment, you 'The Buyer' are purchasing from said 'Reseller' via their preferred means of sale, and are held to their terms and conditions. As 'The Buyer', you are also held to our terms and conditions which can be provided by your 'Reseller' upon request.
16. TRANSMITTING EQUIPMENT
16.1. Although it is not an offence to manufacture or possess a transmitter in the UK, some of the transmitters featured on this site are not OFCOM-approved, and as such, their use could constitute an offence.
16.2. Equipment that is not D.T.I approved it is sold for export only. OFCOM does not approve the telephone equipment featured on this Site or associated catalogue/s.
17. PREVENTING FRAUD
17.1. Online Spy Shop will report any suspected attempt to make a fraudulent transaction to the appropriate authorities. Should we feel that a transaction has been placed at our absolute discretion, which does not look completely satisfactory, we will undertake additional security procedures to protect our business enterprise and our customers.
17.2. We reserve the right to request additional information to back up or support information already provided by a customer regarding payment security checks. Please ensure that all information provided is correct and up to date. Refusal to supply any additional information required to validate a purchase order will result in cancellation.
18. GIFTS | MARKETING
18.1. From time to time, promotional gifts may be offered with physical products but not for electronic products. If acceptance of a gift contravenes your personal or business policies or practices, please contact us accordingly.
19. TELEPHONE CALLS
19.1. Telephone calls may be recorded and used for training and/or monitoring purposes.
20.1. Online Spy Shop may, at its absolute discretion, decline to accept orders or to offer credit terms.
21. OUR RIGHT TO VARY THESE TERMS
21.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
21.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
21.3. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
21.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.
If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will arrange a full refund of the price you have paid, including any delivery charges.
22.1. The Online Spy Shop website is Copyright (c) Online Spy Shop 2005 – 2022. All website design, text, graphics, selection and arrangement herein are Copyright works owned or controlled by us. All rights are reserved. All errors and omissions are excepted. All trademarks are acknowledged where applicable.
23. EVENTS OUTSIDE OUR CONTROL
23.1. We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Section 22.2.
23.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
23.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 22.3.1. we will contact you as soon as reasonably possible to notify you. Our obligations under a Contract will be suspended, and the time for performance of our obligations will be extended for the Event Outside Our Control duration. The Event Outside Our Control affects our delivery of Products to you; we will arrange a new delivery date with you after the Event Outside Our Control is over.
23.4. You may cancel a Contract affected by an Event Outside Our Control that has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges.
24.1. Each of the provisions of these Terms operates separately. If any provision of these terms is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.
24.2. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
25. JURISDICTION AND GOVERNING LAW
25.1. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site, and any dispute or claim arising out of or connected with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
However, if you are a Northern Ireland resident, you may also bring proceedings in Northern Ireland. If you are a resident of Scotland, you may also bring proceedings in Scotland.
25.2. If you are a business, a Contract and any dispute or claim arising out of or connected with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
25.3. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
26. OTHER IMPORTANT TERMS
26.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
26.2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing. However, if you are a consumer and have purchased a Product as a gift, you may transfer the benefit of our warranty in Section 11 to the gift recipient without needing to ask our consent.
26.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at Section 11, but you and we will not need their consent to cancel or make any changes to these Terms.
26.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.