1 Terms and Conditions of Website Use

1.1 This page (together with the documents referred to on it) provides the terms and conditions upon which you may make use of the website made available and operated at / (” our site“) and purchase from us products made available thereon (“Products“).

1.2 Please read these terms and conditions of use carefully before you start to use our site.

1.3 By using our site, you accept these terms and conditions of use and agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using our site.

2 Information about us

2.1 Our site is made available and operated by The Cook School Scotland of Unit 7, Moorfield North Industrial Park, Kilmarnock, Ayrshire, United Kingdom, KA2 0FE (“we“, “our“, “us“) and by third parties acting on our behalf. Our telephone number is 01563 550 008.

2.2 We are a company registered in Scotland under company number SC193995 whose registered office is at Unit 7, Moorfield North Industrial Park, Kilmarnock, Ayrshire, United Kingdom, KA2 0FE. Our VAT number is 724270944GB.

3 Access

3.1 Our site is a place for you to ascertain general information concerning our business. Our site is also a place for you to select and order Products from us.

3.2 Our site is available only to individuals that can form legally binding contracts under applicable law. You must be over eighteen (18) years to use our site. If you cannot form legally binding contracts or you are under eighteen (18) years of age please leave our site now.

3.3 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or alter the material or Products made available upon or through it without notice. Unless explicitly stated to the contrary, any additions to our site or the Products shall be subject to these terms and conditions.

3.4 We reserve the right at our sole discretion to restrict access to some parts or all of our site by persons seeking to access our site.

3.5 You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these terms and conditions and that they comply with them.

3.6 We have used reasonable endeavours to ensure that our site and the Products comply with Scottish laws. However, we make no representations that our site or the Products comply with any non-Scottish laws. If you access our site or seek to purchase Products from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If accessing our site or seeking to purchase Products is contrary to or infringes any applicable law in your jurisdiction(s), you are not authorised to view or use our site or seek to purchase Products from us and you must exit our site immediately. If making our site or Products available in your jurisdiction or to you is prohibited (by reason of nationality, residence or otherwise), our site and the Products are not offered for sale or made available to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to purchase Products and to access our site.

3.7 WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED THAT THE MAKING OF OUR SITE OR THE PRODUCTS AVAILABLE IN ANY PARTICULAR JURISDICTION OUTSIDE SCOTLAND IS PERMITTED UNDER ANY APPLICABLE NON-SCOTTISH LAWS. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS, EXPENSES OR OTHER LIABILITY RELATING TO OR ARISING OUT OF THE ACCESS OR ATTEMPTED ACCESS TO OUR SITE OR THE PURCHASE OR ATTEMPTED PURCHASE OF PRODUCTS BY PERSONS IN JURISDICTIONS OUTSIDE SCOTLAND OR WHO ARE NOMINEES OF OR TRUSTEES FOR CITIZENS, RESIDENTS OR NATIONALS OF OTHER COUNTRIES WHOM ARE NOT PERMITTED UNDER APPLICABLE LAWS TO ACCESS OUR SITE OR PURCHASE PRODUCTS.

4 Availability and operation

4.1 We shall use reasonable endeavours to ensure that our site is available and operates properly at all times, and that Products offered for sale are available for purchase, however we make no warranties in respect of the availability or operation of our site or the availability of any Products.

4.2 We may suspend the availability or operation of our site or the availability of Products on a temporary or indefinite basis as we may in our sole discretion determine.

4.3 ALL WARRANTIES, GUARANTEES OR REPRESENTATIONS AS REGARDS THE AVAILABILITY OR OPERATION OF OUR SITE OR THE AVAILABILITY OF PRODUCTS, IN SO FAR AS THEY MAY BE EXCLUDED AND OTHER THAN AS EXPLICITLY SPECIFIED HEREUNDER, ARE EXCLUDED. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS, EXPENSES OR OTHER LIABILITY RELATING TO OR ARISING OUT OF THE AVAILABILITY OR OPERATION (OR LACK THEREOF) OF OUR SITE AND THE AVAILABILITY (OR LACK THEREOF) OF ANY PRODUCTS.

5 Linking to our site

5.1 You may link, or may procure that a third party acting on your behalf links, to the home page of our site from a website owned by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it.

5.2 You must not establish nor procure that any third party establishes a link to our site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by us without our explicit prior written consent.

5.3 You must not establish nor procure that any third party establishes a link from any website that is not owned by you.

5.4 You must not establish nor procure that any third party establishes a link to any page upon our site other than our home page.

5.5 You must not frame nor procure that any third party frames our site on any other website.

5.6 You must not stream or aggregate content from our site within another website nor procure that any third party undertakes such activities.

5.7 We reserve the right to withdraw our permission to link to our site without notice and for whatever reason as we may in our sole discretion determine.

6 Links from Our site

6.1 Where our site contains a link to a site or resource provided by a third party (a “Third Party Site“), such a link is provided for the purposes of information and convenience only.

6.2 The provision by us of a link to a Third Party Site does not represent any endorsement or recommendation by us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site. We have no control over the contents of Third Party Sites.

6.3 The obligations upon you in respect of our site provided for in these terms and conditions of use shall apply equally to any and all Third Party Sites except where the terms of use relating to a Third Party Site specify otherwise. Subject to the foregoing, you warrant and undertake to abide by such obligations in respect of your use of all Third Party Sites.

6.4 WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS, EXPENSES OR OTHER LIABILITY ARISING OUT OF ANY USE OF OR INTERACTION WITH THIRD PARTY SITES.

7 Viruses, hacking and other offences

7.1 You must not:

7.1.1 misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our system, data or information;

7.1.2 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;

7.1.3 use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;

7.1.4 use an anonymising proxy to access our site;

7.1.5 attack our site via a denial-of-service attack or a distributed denial-of service attack;

7.1.6 take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet or payment service providers; or

7.1.7 do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.

7.2 If you breach this clause we have the right to 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.

7.3 You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

7.4 WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS, EXPENSES OR OTHER LIABILITY RELATING TO OR ARISING OUT OF ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO USE OF OR ACCESS TO OUR SITE, OR THE USE OF OR INTERACTION WITH ANY THIRD PARTY SITE.

8 Material and products made available upon our site

8.1 We will do our best to ensure that all material made available upon our site is accurate, but please note that, except where explicitly specified otherwise, all such material is provided on an ‘as is’ basis.

8.2 Except where explicitly stated otherwise under these terms and conditions, such material is general in nature and is not intended to amount to advice on which reliance should be placed.

8.3 Please note that our site may contain typographical errors or other inaccuracies.

8.4 EXCEPT WHERE EXPLICITLY SPECIFIED OTHERWISE UNDER THESE TERMS AND CONDITIONS, IN SO FAR AS IS PERMISSIBLE UNDER APPLICABLE LAW, OUR SITE AND THE PRODUCTS MADE AVAILABLE UPON IT ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO THEIR FITNESS FOR ANY PARTICULAR PURPOSE AND WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS, EXPENSES OR OTHER LIABILITY INCURRED RELATING TO OR ARISING OUT OF USE MADE OF ANY MATERIAL MADE AVAILABLE UPON OUR SITE OR ANY PRODUCTS. THE LIMITATIONS IN THIS CLAUSE DO NOT AFFECT YOUR STATUTORY RIGHTS.

9 Passwords

9.1 If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to our site, you must treat such information as confidential, and you must not disclose it to any third party.

9.2 We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to our site at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

9.3 You must immediately notify us if you have reason to believe any user identification code, password, login information or any other piece of information provided by us to you as part of our security procedures in relation to your use our site has become known to any third party.

10 Intellectual property rights

10.1 Our site and the Products are protected by international copyright laws and other intellectual property rights. We are the owner or the licensee of rights (including all intellectual property rights) in or relating to our site and the Products. We reserve all such rights.

10.2 Other than as explicitly specified hereunder nothing contained in these terms and conditions of use should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use the intellectual property rights in or relating to our site or the Products without our express written permission.

10.3 You may print off one copy any material from our site for your personal use, research or internal business purposes.

10.4 You may copy and distribute to third parties in an electronic or paper format extracts of material generally and publicly made available upon our site without a requirement to register with our site but only in so far as may be necessary to draw the attention of such third parties to the availability of Products upon our site.

10.5 You must not use, copy, modify, adapt, create derivative works based upon, extract elements from or reorganise any material made available upon our site or any copies thereof other than as expressly stated hereunder. In particular and without limitation you must not use any information or images separately from any accompanying text. Our status or that of any identified contributors as the authors of such material must always be acknowledged. Such acknowledgement must include the address of our site.

11 Material you submit to our site

11.1 This clause applies to material you submit to our site, including comments, reviews and recommendations. Any personal information you submit to our site is additionally governed by our privacy and cookie policy.

11.2 You grant to us a non-exclusive, royalty free, irrevocable, perpetual licence without any form of territorial limitation to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise and material submitted by you to our site. This licence will be capable of sub-licence. We may exercise all copyright and publicity rights in such material in all jurisdictions to the fullest extent and for the full period for which any such rights exist in that material. By submitting such material to us you are warranting that you have the right to grant us this licence. If you are not in a position to grant such a licence to us, please do not submit such material.

11.3 YOU SHALL INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION AND OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF OUR USE AND / OR THE PUBLICATION OF MATERIAL SUBMITTED BY YOU TO OUR SITE.

11.4 In relation to any material submitted by you to our site you waive absolutely all moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world.

11.5 You warrant that any material submitted by you to our site shall:

11.5.1 be accurate (where it states facts);

11.5.2 be genuinely held (where it states opinions);

11.5.3 comply with the law applicable in Scotland and in any country from which it is posted; and

11.5.4 be relevant.

11.6 You warrant that any material submitted by you to our site shall not:

11.6.1 be defamatory of any person;

11.6.2 be obscene, offensive, hateful or inflammatory;

11.6.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

11.6.4 disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than where you have the express written permission of that individual to disclose such information subject to and in accordance with these terms and conditions of use;

11.6.5 infringe any copyright, database right or trade mark of any other person;

11.6.6 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

11.6.7 be in contempt of court;

11.6.8 be likely to harass, upset, embarrass, alarm or annoy any other person;

11.6.9 impersonate any person, or misrepresent your identity or affiliation with any person;

11.6.10 give the impression that the contribution emanates from us if this is not the case;

11.6.11 advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;

11.6.12 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or

11.6.13 contain any advertising or promote any services or links to Third Party Sites.

11.7 THE WARRANTIES PROVIDED FOR IN CLAUSE 11.5 AND CLAUSE 11.6 MUST BE COMPLIED WITH IN SPIRIT AS WELL AS TO THE LETTER. WE WILL DETERMINE, IN OUR SOLE DISCRETION, WHETHER ANY MATERIAL SUBMITTED BY YOU TO OUR SITE BREACHES THESE WARRANTIES. YOU SHALL INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION AND OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE WARRANTIES.

11.8 We have the right to monitor any material you submit to our site and may (as appropriate) edit, reject or remove such material if we believe it does not comply with these terms and conditions. In particular, we reserve the right to block incoming emails and other communications if we believe that their content is or may be inappropriate or otherwise does not comply with these terms and conditions.

11.9 EXCEPT AS EXPRESSLY STATED HEREUNDER WE DO NOT MODERATE ANY MATERIAL YOU SUBMIT TO OUR SITE. WE WILL NOT BE RESPONSIBLE AS AUTHOR, EDITOR OR PUBLISHER OF ANY MATERIAL YOU SUBMIT TO OUR SITE. ALL SUCH MATERIAL IS PUBLISHED IN GOOD FAITH BUT WE DO NOT (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ACCEPT RESPONSIBILITY FOR SUCH CONTENT (WHETHER PUBLISHED ON OR OFFLINE). ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS, EXPENSES OR OTHER LIABILITY INCURRED RELATING TO OR ARISING OUT OF OUR MAKING AVAILABLE MATERIAL SUBMITTED TO OUR SITE IS EXCLUDED.

11.10 If you wish to complain about any material submitted to our site please email us at [email protected]. We will then review the material and decide whether its submission complies with these terms and conditions.

11.11 When we consider that material submitted to our site breaches these terms and conditions, we may at our discretion take all or any of the following actions:

11.11.1 investigation of the identity of the person responsible for the submission of such material and the circumstances surrounding the submission of the material, in respect of which you undertake to provide us with confirmation of your identity and any other information we may require in connection therewith and to cooperate with us fully;

11.11.2 immediate, temporary or permanent withdrawal of your right to use our site;

11.11.3 immediate, temporary or permanent removal of any submitted material;

11.11.4 issuing a warning to you;

11.11.5 raising legal proceedings against you for recovery of all costs resulting from the breach;

11.11.6 raising further legal action against you;

11.11.7 disclosing such information to law enforcement authorities or relevant third parties as we reasonably feel is necessary to allow any aggrieved party to seek redress or as is required by law; or

11.11.8 such other action as we reasonably deem appropriate.

and we hereby exclude all liability for any damages, loss, costs, expenses or other liability relating to or arising out of the taking of all and any such action.

12 Our online shop

12.1 Our site includes the provision of an online shop (the “Shop“) which allows you to purchase Products from us.

12.2 Except as expressly set out in these terms and conditions or as permitted by applicable law, you undertake:

12.2.1 to ensure (including through the employment of appropriate supervision) that all persons who access the Shop through any facilities provided by you or over which you have control use the Shop in accordance with these terms and conditions; and

12.2.2 not to in any way to remove or circumvent any technical protection measures applied to the Shop to prevent unauthorised use thereof.

12.3 Subject to your continued adherence at all times to these terms and conditions and conditional upon your completion of the processes provided for in this clause 12 (in particular receipt from you of any Price (as hereinafter defined) in full and cleared funds) we will supply you with Products you order from us. The processes provided for in this clause 12 may be completed only in English.

12.4 To receive Products from us you must submit to us a request for Products (an “Order“). An Order constitutes an offer by you to purchase Products from us upon these terms and conditions.

12.5 We may refuse your Order for whatever reason we may in our sole discretion determine. Orders may be submitted only through the form provided upon our site.

12.6 If we accept your Order we will supply you with the Products specified in that Order subject always to the provisions of these terms and conditions. The supply of Products specified in an Order is conditional upon receipt by us in full and cleared funds of the price for those Products (the “Price“). Information concerning Prices is made available upon our site. We will use reasonable endeavours to ensure that such information is accurate but we make no warranty that it shall at any point in time be correct.

12.7 Upon receipt of your Order we shall confirm receipt of such to you using online electronic means only. Within our confirmation (the “Confirmation“) we will confirm:

12.7.1 the Products specified in the Order;

12.7.2 the Price for the Products specified in the Order; and

12.7.3 the estimated date of delivery for the Products specified in the Order.

12.8 If the Confirmation is acceptable you are required to indicate your acceptance by clicking upon the “I Accept” button provided within the body of the Confirmation. If the Confirmation is not acceptable to you, you should not so indicate your acceptance. If the Confirmation contains errors then you should restart the process described in this clause 12. The date and time upon which you click upon the “I Accept” button shall be referred to as the “Order Date“. When you click upon the “I Accept” button a contract between you and us for the supply of the Products for the Price as described in the Confirmation shall be deemed to have been formed, subject always to these terms and conditions. The language of this contract shall be English. If you do not click upon the “I Accept” button within a reasonable period of time following provision of a Confirmation by us we may require you to restart the process described in this clause 12 to purchase the Products described in the Confirmation. We will retain copies of all Confirmations and we will provide to you within a reasonable period a copy of any Confirmation issued to you.

12.9 YOU MAY CANCEL ANY ORDER BY WRITTEN NOTICE TO [email protected] PROVIDED SUCH NOTICE IS RECEIVED BY US WITHIN SEVEN (7) DAYS OF THE CONFIRMATION DATE, PROVIDED THAT THE ORDER DOES NOT RELATE TO ITEMS WHICH ARE LIABLE TO DETERIORATE OR EXPIRE RAPIDLY, AND PROVIDED THAT WE HAVE NOT DESPATCHED TO YOU THE PRODUCTS SPECIFIED IN THAT ORDER. IN SUCH AN EVENT WE SHALL REFUND TO YOU THE WHOLE PRICE PAID BY YOU TO US IN RESPECT OF SUCH ORDER. THE GRANTING OF ANY CANCELLATION REQUESTED BY YOU BEYOND THE CONFIRMATION DATE OR OTHERWISE IN ACCORDANCE WITH THE FOREGOING SHALL BE AT OUR SOLE DISCRETION AND SUBJECT TO SUCH CONDITIONS AS WE MAY IN OUR SOLE DISCRETION DETERMINE. IN THE EVENT YOU ARE PERMITTED TO RETURN TO US PRODUCTS SUPPLIED BY US TO YOU, YOU UNDERTAKE TO RETURN SUCH PRODUCTS IN THE SAME STATE AS RECEIVED BY YOU, AND PROPERLY AND SECURELY PACKAGED. EXCEPT WHERE WE HAVE PROVIDED TO YOU ALTERNATIVE PRODUCTS UNDER CLAUSE 12.10 YOU SHALL BE RESPONSIBLE FOR MEETING ALL COSTS OF CARRIAGE RELATING TO THE RETURN OF PRODUCTS TO US. ALL RETURNS SHOULD BE MADE TO OUR ADDRESS SET OUT IN CLAUSE 2.

12.10 We reserve the right to cancel any Order once accepted for such reason as we may in our sole discretion determine provided that we refund to you the whole Price paid by you to us in respect of such Order. Instead of cancelling an Order we may at our discretion offer to you alternative Products to those specified in the Confirmation relating to that Order for not more than the Price specified in that Confirmation, although you are not bound to accept such Products.

12.11 WE SHALL USE REASONABLE ENDEAVOURS TO DELIVER THE PRODUCTS SPECIFIED IN A CONFIRMATION TO YOU BY THE DELIVERY DATE SPECIFIED IN THAT CONFIRMATION. HOWEVER, ALL SUCH DELIVERY DATES ARE ESTIMATES ONLY AND WE MAKE NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, THAT WE WILL DELIVER SUCH PRODUCTS BY SUCH DELIVERY DATE. YOU ACKNOWLEDGE THAT THE DELIVERY OF PRODUCTS IS OFTEN SUBJECT TO FACTORS OUTWITH OUR CONTROL.

12.12 Ownership and risk in any Products supplied to you by us shall pass upon delivery by our appointed carrier of those Products to you.

12.13 You undertake not to unreasonably withhold from taking delivery of any Products despatched by us to you. You acknowledge that if you fail to take delivery of any Products despatched by us to you without due cause, you will remain liable for the Price due for such Products. The Price shall include our delivery charges for the Products. In the event that you unreasonably withhold or fail to take delivery of any Products and we incur additional expense arising from any attempted redelivery of such Products, you shall be liable to reimburse us on demand for all such expense.

13 Payment of the price

13.1 Upon the provision of your Confirmation you will be forwarded to the website of our chosen payment services provider (the “Payment Website“) in order to remit to us the Price specified in the Confirmation. You must remit the Price specified in the Confirmation using the payment methods provided for upon the Payment Website. You may not remit the Price specified in the Confirmation to us using any other method.

13.2 WE WILL USE REASONABLE ENDEVOURS TO ENSURE THAT THE PAYMENT WEBSITE OPERATES IN A FIT FOR PURPOSE MANNER. NOTWITHSTANDING THIS YOU ACKNOWLEDGE THAT THE PAYMENT WEBSITE IS A WEBSITE MADE AVAILABLE BY A THIRD PARTY AND AS SUCH WE DO NOT HAVE CONTROL OVER ITS OPERATION. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS, EXPENSES OR OTHER LIABILITY RELATING TO OR ARISING OUT OF YOUR USE OF OR INTERACTION WITH THE PAYMENT WEBSITE.

13.3 In respect of the Payment Website you undertake and warrant:

13.3.1 to abide by any terms and conditions relating to your use of or interaction with the Payment Website;

13.3.2 that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and

13.3.3 not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, the provider of the Payment Website or any third party.

13.4 We shall only be obliged to supply you with Products once we have received from you in full and cleared funds the Price for those Products.

13.5 PRICES ARE INCLUSIVE OF ALL APPLICABLE TAXES AND DUTIES DUE AND PAYABLE IN SCOTLAND AS A RESULT OF THE SUPPLY OF PRODUCTS BY US TO YOU. IF THE SUPPLY OF PRODUCTS BY US TO YOU IN THE TERRITORY FROM WHICH YOU ACCESS OUR SITE GIVES RISE TO AN OBLIGATION TO REMIT ANY TAX, DUTY OR SIMILAR PAYMENT TO ANY AUTHORITY OTHER THAN THOSE AUTHORITIES RESIDENT IN OR WITH JURISDICTION OVER ENTITIES RESIDENT IN SCOTLAND YOU SHALL BE RESPONSIBLE FOR SATISFYING SUCH LIABILITY. YOU SHALL INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL SUCH LIABILITY.

13.6 We reserve the right to request additional information from you in relation to your payment of the Price for any reasonable purpose, including to allow us to properly verify your identity, investigate alleged fraudulent activities and to allow us to comply with anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require within such period as we may reasonably require. This may include, without limitation, requiring you to fax, email or otherwise send certain identification documents to us.

13.7 You agree that your provision of information concerning the payment method chosen by you upon the Payment Website (your “Specified Payment Method“) through the Payment Website constitutes your authorisation to us to collect (or procure the collection of) the Price specified in the Confirmation using the Specified Payment Method. You acknowledge that once you have provided such authorisation, you will not be able to cancel such authorisation.

13.8 You grant us the right to resubmit (or procure the resubmission of) any payment made by you hereunder using your Specified Payment Method that is returned for insufficient or uncollected funds. You warrant that you have the authority and permission to provide details of the Specified Payment Method and to authorise and permit us to collect (or procure the collection of) the Price specified in the Confirmation using the Specified Payment Method.

13.9 Nothing in these terms and conditions is intended to affect our legal right or that of our service providers in the United Kingdom to impose a surcharge for a debit or credit card transaction under the Credit Cards (Price Discrimination) Order 1990.

13.10 We only accept payment of the Price in pounds Sterling. If any payment made by you hereunder requires a currency conversion to be made, the amount of the exchange rate and any related fees will be determined by the provider of your Specified Payment Method at the time such provider processes the transfer of the Price to us or our service providers. You shall be responsible for meeting any such fees.

13.11 Any payments made by you hereunder may appear on any statement provided to you by the provider of your Specified Payment Method under the name of our service providers or in combination with our name, reference or internet address.

13.12 We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the payments you can remit using the Payment Website.

13.13 We may review (or procure the review of) any information you submit through the Payment Website or in connection with your payment of the Price prior to collecting (or procuring the collection of) the Price using the Specified Payment Method. This review may be carried out including but not limited in connection with fraud prevention purposes. Following such review we may withhold or refrain from collecting (or procuring the collection of) the Price using the Specified Payment Method or cancel any contract for the supply of Products between you and us. Any such review or cancellation is not a representation by us as to your character or reputation.

13.14 In the event that the provider of your Specified Payment Method acting on your behalf seeks the return of any amounts paid to us or disputes our authorisation to collect (or procure the collection of) any amounts due to us (a “Chargeback“) you agree to on our request subrogate or otherwise assign to us your rights against any third parties related to such Chargeback, and agree that we may pursue those rights directly or on your behalf as we may in our sole discretion determine.

13.15 You undertake not to use your Specified Payment Method:

13.15.1 in a manner that results in or may result in Chargebacks, or the creation of liability upon us to pay any additional sums, including without limitation any fees or fines to any third party;

13.15.2 in a manner that we or any financial institution reasonably believe to be an abuse of the banking industry’s reversal process, credit card system or a violation of credit card association rules, or in a manner that results in or may result in any liability to, complaint by or dispute with any third party;

13.15.3 to test credit card behaviour; or

13.15.4 when you have a rating within any credit reporting agency indicating a high level of risk associated with your use of services similar to the Specified Payment Method.

13.16 WHEN AMOUNTS DUE HEREUNDER ARE COLLECTED BY US USING THE SPECIFIED PAYMENT METHOD YOU ARE LIABLE TO US FOR SUCH AMOUNTS PLUS ANY ADDITIONAL SUMS DUE TO BE PAID BY US TO ANY THIRD PARTY IF THE PAYMENT OF SUCH AMOUNTS IS LATER INVALIDATED FOR ANY REASON (INCLUDING WITHOUT LIMITATION ANY FEES OR FINES DUE TO BE PAID TO THIRD PARTIES).

13.17 WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE AMOUNT OF TIME TAKEN TO COMPLETE TRANSFER OF PRICES FROM THE PROVIDER OF YOUR SPECIFIED PAYMENT METHOD TO US.

13.18 YOU AGREE THAT WE MAY SATISFY ANY INDEMNITIES GRANTED BY YOU HEREUNDER OR ANY LIABILITY OF YOU TO US IN FULL THROUGH USE OF YOUR SPECIFIED PAYMENT METHOD.

13.19 YOU CONSENT TO THE PROVIDERS OF THE PAYMENT WEBSITE AND YOUR SPECIFIED PAYMENT WEBSITE DISCLOSING TO US INFORMATION CONCERNING ANY PAYMENTS MADE BY YOU HEREUNDER AND DETAILS OF YOUR SPECIFIED PAYMENT METHOD AND OUR SUBSEQUENT DISCLOSURE THEREOF IN SO FAR AS MAY BE NECESSARY TO ENABLE US TO PROPERLY EXERCISE OUR RIGHTS UNDER THESE TERMS AND CONDITIONS.

14 Exclusions

14.1 The terms of our privacy and cookie policy shall form part of these terms and conditions.

14.2 THESE TERMS AND CONDITIONS AND OUR PRIVACY AND COOKIE POLICY SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF OUR SITE AND OUR SUPPLY OF PRODUCTS TO YOU. IN PARTICULAR, THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING UPON US EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS AND OUR PRIVACY AND COOKIE POLICY. IN SO FAR AS IS LEGALLY POSSIBLE WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE OR COMMON LAW OTHER THAN THOSE EXPRESSLY STATED HEREUNDER.

14.3 WHERE WE EXCLUDE LIABILITY UNDER THESE TERMS AND CONDITIONS, SUCH EXCLUSION SHALL, IN SO FAR AS PERMITTED UNDER APPLICABLE LAW, INCLUDE LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, EXPENSE, COSTS, DELAYS OR OTHER LIABILITY WHATSOEVER, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE OF TRANSMISSION, COMMUNICATION, COMPUTER OR OTHER FACILITIES, FAILURE, ERROR OR DELAY IN THE SENDING OF ANY NOTICE, COMMUNICATION OR INSTRUCTION VIA ANY MEDIUM WHATSOEVER, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT, DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

14.4 IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE PRICE PAID BY YOU.

14.5 The exclusions of liability hereunder do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

14.6 The exclusions of liability expressed hereunder in so far as they apply to us shall apply to any third parties connected to us (including our subcontractors, servants, employees, representatives and agents).

15 Transfer

15.1 These terms and conditions are binding on you and on your successors and assigns.

15.2 You may not sublicence, rent, lease, transfer, assign, charge or otherwise dispose of any of your rights or obligations arising hereunder, without our prior written consent.

15.3 We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising hereunder at any time.

16 Breach

16.1 If you breach any of these terms and conditions of use, all of your rights hereunder including your right to use our site will cease immediately.

16.2 If we have reason to believe that you have breached these terms and conditions or are likely to breach these terms and conditions we may take action to protect ourselves, our service providers and third parties from liability, including but not limited to contacting relevant third parties and disclosing information collected (or which have procured the collection of) from you.

16.3 YOU ARE RESPONSIBLE FOR ALL LOSSES, COSTS, EXPENSES, CLAIMS, DEMANDS OR OTHER LIABILITY (INCLUDING LEGAL FEES) INCURRED BY US, OUR SERVICE PROVIDERS OR ANY THIRD PARTIES CAUSED BY OR ARISING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS. YOU SHALL INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION AND OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

16.4 We will not be liable for any failure to perform any obligation hereunder due to causes beyond our reasonable control.

17 Third parties

Except where expressly stated hereunder these terms and conditions do not confer any rights on any person or party other than you and us.

18 Variation

18.1 We may change the material made available upon our site at any time.

18.2 Any material made available upon our site may be out of date at any given time, and we are under no obligation to update any such material.

18.3 We reserve the right to change these terms and conditions at any time by amending this page or the page containing our privacy and cookie policy. Any such change in these terms and conditions or our privacy and cookie policy will be effective once reflected in the text of these terms and conditions or our privacy and cookie policy (as appropriate) as published on our site, except in respect of any accepted Order which shall be governed by the terms and conditions posted upon our site at the Confirmation Date relating to such Order. You undertake to check this page and the page containing our privacy and cookie policy from time to time to take notice of any changes we have made, as they are binding on you.

18.4 Some of the provisions contained in these terms and conditions and our privacy and cookie policy may also be superseded by provisions or notices published elsewhere on our site.

19 Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

20 Severability and entire agreement

20.1 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20.2 THESE TERMS AND CONDITIONS, OUR PRIVACY AND COOKIE POLICY, TOGETHER WITH ANY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE WHICH SUPERSEDE THE AFOREMENTIONED, ARE THE WHOLE AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THE OBLIGATIONS PROVIDED FOR HEREUNDER IN RELIANCE UPON ANY STATEMENT, WARRANTY OR REPRESENTATION MADE BY US OR ANY OTHER PERSON AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHTS TO CLAIM DAMAGES AND/OR TO RESCIND YOUR OBLIGATIONS HEREUNDER BY REASON OF ANY MISREPRESENTATION (OTHER THAN A FRAUDULENT MISREPRESENTATION) THAT IS NOT CONTAINED IN THE AFOREMENTIONED.

21 Notices to You

21.1 We will communicate with you in English only. You agree that we may provide a notice to you by posting it on our site or emailing it to the email address provided by you to the email address provided by you when registering to access our site or ordering Products from us.

21.2 With the exception of amendments to these terms and conditions and our privacy and cookie policy which shall have immediate effect following posting upon our site, such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time it is emailed to you.

22 Notices to us

22.1 You may only notify us in connection with any matter arising under these terms and conditions by emailing us at [email protected].

22.2 Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours. For the purposes of determining this period all weekends and public holidays in Scotland shall be excluded.

23 Jurisdiction and applicable law

The interpretation, construction, effect and enforceability of these terms and conditions of use are governed by Scots law, and, in so far as permitted under applicable law, you agree to submit to the exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.