Website Terms and Conditions and Acceptable Use Policy
Last updated: APRIL 2021
Please be sure to read, and make sure you understand, these Terms and Conditions before accessing the website operated by The Future Rocks. These Terms and Conditions set out the legal terms that apply to your use of the Website and the other services that we provide (the "Services").
Depending on the country or territory in which you currently reside, you may have specific rights under the law of that country or territory. The terms applicable to specific countries and territories can be found at the end of these Terms and Conditions.
1. Definitions and Interpretation
Unless the context otherwise requires, the following words and expressions, when used in these Terms and Conditions, shall have the meanings set forth below:
“Affiliate” means any person or entity now or hereafter in control, controlled by or in common control with a party. It shall also include any direct or indirect subsidiary of such person or entity and any company in which such party has more than a fifty percent (50%) ownership interest.
"Brand" means a third party retailer that offers products for sale via the Website.
“The Future Rocks”, “TFR”, "we", "us" or "our" means The Future Rocks Company Limited, whose registered office is at Room 1002, Sing Shun Centre, 495 Castle Peak Road, Cheung Sha Wan, Kowloon, Hong Kong.
“Terms and Conditions” or "Terms" means these terms and conditions.
“Website” means http://www.thefuturerocks.com operated by The Future Rocks, any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf.
“you” or “your” means an individual accessing the Website.
Words denoting the singular include the plural and vice-versa. Headings are for convenience only and do not affect interpretation. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Acknowledgment of the Terms applicable to the Services
2.1. By accessing the Website, you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms, you should not access the Website.
2.2. Our Services allow you to search through the Website and purchase products from various different Brands worldwide. As part of the Services, we also provide some ancillary services including arranging delivery of the products, providing you with customer service assistance and payment processing. We may also offer you the opportunity to participate in special promotions or to obtain promotional gifts or vouchers that may be redeemed for products or discounts on products in exchange for your participation in contests or competitions, as well as loyalty programs, in which you may be awarded points for your purchases on the Website (subject to separate terms and conditions).
2.3. In order to use the Website to place any order for products, you must be over the age of 18 and possess a valid credit or debit card.
2.4. The contract for the purchase of the products is between you and the relevant Brand. This means that it is the Brand (and not us) who is legally liable for selling the products to you. You are not purchasing the products from us and we are not a party to the contract of sale. TFR merely provides services to the Brand. TFR and the Brand are independent contracting parties and are not in a partnership, joint venture or agency relationship with each other. Further details about the products, the ordering process, payment for, delivery and returns of products and the involvement of TFR and the Brand are set out in sections 4 to 7 below.
2.5. The delivery logistics service for international orders will be arranged by us or by the Brand, depending upon the Brand in question. This will be made clear to you at checkout. We may charge you for these services, which charge will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier (where shipping is arranged by us) or once we have notified your order to the Brand (where shipping is arranged by the Brand) and our liability to you will end at the same time.
2.6. For domestic orders, the delivery logistics service will be arranged by the Brand selling the product that you have ordered and the applicable charges will be shown at checkout and prior to your purchase of the products. Our liability to you for such orders will end at the moment that we notify the Brand of your order.
2.7. We may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time.
The below policies, which are available on the Website, will form an integral part of these Terms and Conditions:
Return and Refund Policy
4. The Products
4.1. We try to be as accurate as possible when providing product descriptions and images on the Website. However, we cannot guarantee that all details are always complete, accurate, or error free because they are based on information provided to us by the Brands (who remain liable for them). The images of the products on the Website are for illustrative purposes only and we cannot guarantee that your device's display of the images accurately reflects the true appearance (including colour) of the products.
4.2. We do not allow Brands to offer for sale on the Website flawed products of lower quality than the relevant market standards or products that do not comply with applicable law. While we request that all Brands using the Website have and maintain reasonable business policies that comply with our own business policies, we cannot be responsible for the Brands' business policies. To the maximum extent permitted by law, the Brands, and not TFR, are responsible for ensuring that their policies, products and their labelling and descriptions are in compliance with applicable law. As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions will affect your legal rights that cannot legally be changed by contract. If a product you have ordered is not as described, is flawed or of a lower quality, you can inform the Brand (via TFR) that you wish to return it (please refer to the sales contract with the relevant brand ("Sales Contract") and also to our Return and Refund Policy for further information). Please see section 7 below for details of how to arrange a return.
4.3. The products sold by the Brands are supplied for your domestic and private use only. You agree that you will not use the products for any business, commercial or re-sale purposes. You further agree that you will not export, re-export, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Brands have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity arising due to your purchase or use of the products.
5. Orders and Payment
5.1. The Website permits you to check your order and correct any errors before completing a purchase. By placing an order, you represent and warrant to us that:
5.1.1. you are over 18 years of age;
5.1.2. the information you have provided is accurate (for example, the correct product, quantity, fit, etc.);
5.1.3. you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order; and
5.1.4. you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and you are not listed on any United States government list of prohibited or restricted parties.
5.2. By completing the check-out process and placing an order by clicking the "Pay Now " button on the checkout page, you are offering to purchase the products from the relevant Brand (and not directly from us). Your order for the products is subject to the provisions of the Sales Contract.
5.3. When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes. The contract between you and the Brand in relation to the products will not be formed until we have checked that the Brand has accepted your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Brand. The confirmation email will include a description of the products purchased in the order and a copy of the Sales Contract, which will include information about your right to cancel the contract between you and the Brand.
5.4. All orders are subject to availability. Whilst we try to ensure that all details and descriptions that appear on the Website are accurate, as this information is provided to us by the Brands, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on the Brand's instructions, give you the option, where permitted by applicable law, of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, and where permitted under applicable law, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible in accordance with our Return and Refund Policy.
5.5. Once we have verified your payment details and the Brand has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Brand encounter a problem when processing your order, we will contact you and may request further information to try to resolve the issue. We reserve the right not to submit your order to the Brand, and the Brand reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
5.6. After entering into the Sales Contract, the Brand will be under a legal duty to supply you with goods that are in conformity with the Sales Contract. At no point will TFR take on risk or title in the products. Legal title to the product purchased will pass from the Brand to you upon your payment being accepted. Risk in the product will remain with the Brand until it is delivered to you at the address specified when you placed your order.
5.7. When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Brand, and products will not be dispatched until the details you have provided are verified.
5.8. Depending on your delivery address, additional taxes and charges may apply. If you are shipping items from a Brand outside of your territory, and depending on the territory in which you are resident, you may need to pay import duties, customs duties, clearance charges, taxes and levies upon receipt of the products, and other amounts payable in connection with the export, import and delivery of the Products. We will notify you during the checkout process if such duties and charges are included (delivery duty paid or "DDP") or you may have to pay them upon receipt of the products (delivery duty unpaid or "DDU"). If they are not included, neither we nor the Brand have any control over these duties and charges and we cannot advise on their amount. You will be responsible for payment of any such duties and charges that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order.
6.1. The estimated delivery date of the products will be stated in your order confirmation email. Delivery times are estimates only and cannot be guaranteed. Delivery times may vary depending on the availability of the products and your delivery address.
6.2. In the case of international orders, we (or the Brand, where the Brand is responsible for delivery) will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try to arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay (whether TFR or the Brand is responsible for shipping the products). International delivery details of the countries and territories we deliver to can be found on the Website.
6.3. If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes, which will be indicated and are included in the price at checkout (DDP). However, TFR reserves the right to ship to certain countries or territories on a DDU basis, meaning that you will be responsible for paying any import duties and taxes once your order reaches the delivery address. You will be informed at checkout whether you may be liable to pay further duties and taxes on your order upon delivery. Please see section 5.8 (above) for more information on duties and taxes. You must comply with all applicable law and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
6.4. In cases where the products will be delivered to you directly by the Brands, your order may arrive in multiple deliveries and at different times.
6.5. If no one is available at your address to sign for your order, our courier will contact you.
7. Returns, Refunds and Customer Service
7.1. We operate a complaints handling and returns procedure as an outsourced service to the Brands. Please let us know if you have any complaints or comments, for example if you are not satisfied with your product, because it does not conform to its description, you have received the wrong product, it is faulty or damaged, if your product has not arrived or you wish to submit a query about a product. You may also return a product in certain circumstances in accordance with our Return and Refund Policy. Please first contact us by email at email@example.com, or by using the online live chat function on the Website.
7.2. The decision whether to accept a return and to grant you a refund (or replacement product) lies with the Brand, and not with TFR. In the event that our relationship with a particular Brand has been terminated before we receive your complaint about a product that you have purchased from that Brand, then we will redirect your complaint to the relevant Brand, who will remain under a legal duty to handle your complaint and to contact you, and we will inform you that we have transferred your query or complaint. You have rights under the Sales Contract, which governs your purchase.
7.3. Please see our Return and Refund Policy for information on returns, replacements, repairs and refunds applicable to all customers and those terms applicable to customers in specific countries and territories.
7.4. If you return an item, the taxes and import duties will not be refunded to you. You will be responsible for reclaiming any such tax or duty directly from your local customs office.
8. Links to Other Websites and Third Party Services
8.1. The Website may contain links to third-party websites, products, content or services that are not owned or controlled by TFR ("Third Party Services").
TFR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Services. Use of Third Party Services is entirely at your own risk. Such links should not be interpreted as an endorsement by us of those Third Party Services and we make no guarantee that any or all features of the Websites, Services or Third Party Services will work on any particular device. We disclaim any responsibility or liability for or in connection with your use of any Third Party Services. We reserve the right to suspend, withdraw, terminate and/or amend, where possible, your access to the Websites and/or Services, including but not limited to Third Party Services, in the event that we discover or are informed that you have breached any Third Party Services’ terms and conditions. You acknowledge and agree that TFR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services. We strongly advise you to read the terms and conditions and privacy policies applicable to any Third- Party Services that you visit or use.
9.1. All intellectual property rights in the Website and its content (including software, graphics, trade marks, logos, text, images, audio clips, digital downloads, icons, data compilations and including the presentation, "look and feel" and compilation of the same) ("Content") are owned by us or licensed to TFR to use. The rights in the Website and the Content are protected by copyright laws as well as by any applicable law concerning trade marks, patents, graphical user interfaces, authors' rights and database right laws. All such rights are reserved.
9.2. Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trade marks/names featured on the Website are owned by the respective trade mark owners.
9.3. All intellectual property rights in the products that are offered for sale via the Website belong to or are licensed for use to TFR or to the Brand, and you acknowledge that you are not granted any licence or right whatsoever in such intellectual property.
10. Data Protection
11. Acceptable use of the Website
11.1. The rules in this section apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
11.2. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them, and you understand that you are responsible for all electronic communications and content sent from your device to us.
11.3. TFR reserves the right to withdraw or amend the Website without notice and, from time to time, may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
11.4. When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Brands) satisfy any legal requirement that such communications be in writing.
11.5. We may update or change the Website or its contents at any time but we are under no obligation to do so. This means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied. We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
11.6. You may create links to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw permission to link at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
11.7. We only provide the Website for domestic and private use. You agree in particular that you must not, and must procure that any person using your device must not:
11.7.1. use, reproduce, copy and/or exploit the Website for any commercial or business purposes;
11.7.2. systematically extract and/or re-utilise parts of the Website or the Content, and you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website;
11.7.3. create and/or publish your own database that features substantial parts of the Website (e.g. our product listings and prices) without our prior written consent;
11.7.4. use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
11.7.5. use the Website for any unlawful purposes, including any of the following:
18.104.22.168. any use that breaches any applicable local, national or international law or regulation;
22.214.171.124. use in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
126.96.36.199. posting, uploading, sending, using or reusing any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam",;
11.7.6. cause harm, annoyance, inconvenience or needless anxiety to any person.
11.8. A breach of any of the above shall be deemed to violate our content standards ("Content Standards"). We reserve the right to remove any posting you make on our site if, in our opinion, your post does not comply with the Content Standards. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them in compliance with any enforceable law or public order
11.9. Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you warrant that any such contribution complies with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.10. Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.
11.11. When you upload or post content to our site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services we provide and across different media including to promote the Website.
11.12. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
12. Limitation of Liability
If you are a UK consumer, this section does not apply to you, please refer to the country-specific section at the end of these Terms and Conditions instead.
12.1. Notwithstanding any damages that you might incur, the entire liability of TFR and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Website or 100 USD if you haven't purchased anything through the Website.
12.2. If we fail to comply with these Terms and Conditions when providing the Services to you, we are not liable for any loss or damage that is not foreseeable. We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability which cannot be limited by law.
12.3. Without affecting the generality of the foregoing, and to the maximum extent permitted by applicable law, in no event shall TFR or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, loss of business or loss of business opportunity, loss of privacy arising out of or in any way related to the use of or inability to use the Services or the Website, third-party software and/or third-party hardware used in connection with the Service or the Website, or otherwise in connection with any provision of these Terms), even if TFR or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
12.4. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. If you are resident in one of those jurisdictions, our liability will be limited to the greatest extent permitted by law.
12.5. If you breach any of these Terms and Conditions or the Sales Contract, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
If you are a UK consumer, sections 13.1 and 13.2 do not apply to you, please refer to the country-specific section at the end of these Terms instead.
13.1. The Services and the Website are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, TFR, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services and the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
13.3. Without limiting the foregoing, neither TFR nor any of TFR's service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; (iv) that the Services, their servers, the content, or e-mails sent from or on behalf of TFR are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; or (v) that the Services will meet any performance or reliability standards or your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services.
13.4. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you if you live in one of those jurisdictions. In such a case the exclusions and limitations set forth in this section and section 12 shall be applied to the greatest extent enforceable under applicable law.
If you are a UK consumer, this section does not apply to you, please refer to the country-specific section at the end of these Terms instead.
We reserve the right to suspend your access to the Website immediately, without prior notice or liability, for non-compliance with these Terms and Conditions, and termination of your access if you continue to breach these Terms and Conditions, after having been warned about not complying.
15. Force Majeure
We will not be liable for any delay or failure to perform any of our obligations under these Terms and Conditions by reasons, events or other matters beyond our reasonable control. An event or other matter beyond our control any act or event beyond our or the Brand's reasonable control including act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, government action or failure of public or private telecommunications or transport networks, epidemics, pandemics and outbreaks.
16. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of Hong Kong. You irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms. Your access to the Website and use of the Services may also be subject to other local, state, national, or international laws. Depending on the country in which you currently reside, this will differ. The terms applicable to consumers in countries other than Hong Kong can be found at the end of these Terms and Conditions.
Each of the provisions of these Terms and Conditions operates separately. If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under the Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
17.3. Entire agreement
To the maximum extent permitted by law, these Terms and Conditions (including for the avoidance of doubt those policies referenced at Section 3) constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
18. Changes to these Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will give at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Changes will be effective upon the posting of the changes unless otherwise specified. Your access to the Website following the changes constitutes your acceptance of the updated Terms.
If you have any questions about the Terms and Conditions, you can contact us by email: firstname.lastname@example.org.
In the event of any discrepancy or inconsistency between the English and other local language versions of these Terms and Conditions, the English version will prevail.
Country and Territory-specific provisions
Section 5.8 shall be supplemented as follows:
If you are viewing the Website from the UK, the product prices advertised on the Website from Brands located within the UK are inclusive of the VAT charged by the relevant Brand, including VAT on delivery costs.
For orders from Brands shipping to the UK from outside the UK, delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Payable" amount shown on the order summary page).
Sections 12, 13.1 and 13.2 shall not apply to UK consumers - these sections are removed and replaced with the following instead:
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are as described and match information we provided to you and any sample or model seen by you, of satisfactory quality and fit for any particular purpose made known to us.
12.3 We are not liable for business losses. Because you are a consumer, we only supply the products to you for domestic and private use.
Section 14 shall not apply to UK consumers - this is removed and replaced with the following instead:
If you do not comply with these Terms and Conditions, we reserve the right to suspend your access to the Website immediately, without prior notice or liability. If you continue to breach these Terms and Conditions, we reserve the right to terminate your access to the Website immediately, without prior notice or liability.
Section 16 shall not apply to UK consumers - this is replaced by the following:
These Terms and Conditions are governed by the laws of England and Wales and you can bring legal proceedings in respect of these Terms and Conditions in the English courts. If you live in Scotland, you can bring legal proceedings in respect of these Terms and Conditions in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of these Terms and Conditions in either the Northern Irish or the English courts.