TERMS AND CONDITIONS OF SALE OF GOODS
This page (together with the documents expressly referred to on it) tells you information about us and contains the legal terms and conditions on which we sell Products to you.
On this page the words “we” “us” and “our” refer to Blue Donut Studios Ltd..
Please read these Terms carefully, as they will form part of the Contract between us. Please make sure that you understand them, before ordering any Products. Our relationship is subject to these Terms and they impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage (see clause 10). Please note that by ordering any Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print and keep a copy of these Terms for future reference.
Please tick the relevant box on the order page to indicate your agreement to these Terms. Please understand that if you do not accept these Terms then you will not be able to order Products.
Please note that, from time to time, we may amend these Terms, as set out in clause 13. Every time you submit an order to us, please check these Terms to ensure you understand the terms which will apply at that time.
1.1. When the following words with capital letters are used in these Terms and the Introduction, this is what they mean:
Contract means an individual legally binding contract formed between you and us, when you place an order and which we accept according to the provisions of clause 4 below;;
the email we send to you after you have submitted an order to us, as explained in clause 4.4.
Digital Products means the digital media products listed on the Site from time to time, which are supplied via a non- tangible medium (e.g. via serial numbers, redemption codes and/or other non-tangible methods);;
Dispatch Email the email we send to you confirming that the Hardware and/or Hard Copy Media you have ordered has been dispatched to you and/or with information as to how you may download Digital Products, as explained in clause 4.5 below;;
Event Outside Our Control
is defined in clause 12 below;;
means the goods, other than Hard Copy Media and Digital Products listed on the Site from time to time;;
Hard Copy Media means the digital media products listed on the Site from time to time, that are supplied via a tangible medium (e.g. on a compact disc, digital video disc, or USB drive;;)
Products means the Digital Products, Hardware and Hard Copy Media listed on the Site from time to time;;
Site the website that operates at www.bluedonutstudios.com.
Terms the terms and conditions on which we supply Products.
2. Information about us
2.1. We are Blue Donut Studios Limited, a company registered in England and Wales under company number 09592070 and with our registered office at U8 Spur Road, Cosham, Portsmouth, England, PO6 3EB. We are not currently registered for VAT as of 01/11/2017. This status may change and these terms and conditions will then reflect such change in compliance with UK Law.
2.2. Should you wish to contact us about these Terms or any Contract, please do so using the following contact information:
2.2.1. Email: [email protected]
2.2.2. Telephone: +44 (0) 02392 162 101 or
2.2.3. Twitter: @bluedonutstudio
2.2.4. Facebook: www.facebook.com/BlueDonutStudios
2.3. If we have to contact you we will do so by telephone (using the number you gave us during the order process) or by writing to you at the email address or postal address you provided to us during the order process.
2.4. When we use the words “writing” or “written” in these Terms, this includes emails.
2.5. Words in these Terms in the singular include the plural and vice versa.
3. Our Products
3.1. The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer´s display of the colours accurately reflects the colour of the Products.
3.2. All Products shown on the Site are subject to availability. We will inform you by email if the Product you have ordered is not available.
3.3. While we accept responsibility for statements and representations made about our Products by our duly authorised agents (i.e. our managers and directors only), please make sure you ask for any statements or representations made about us or our Products and/or any variations from these Terms to be confirmed in writing by us.
4. How a Contract is formed between you and us
4.1. You will find information on how to order Products via the Site here: https://www.bluedonutstudios.com/customer_service.
4.2. During the checkout process you will be asked to complete your payment details. Where requested you must complete the compulsory fields indicated. All credit/debit card transactions and PayPal transactions on the Site are processed using SmartPay, an independent third party operated online payment gateway that encrypts your card details and cannot be accessed by us. You agree to abide by any terms and conditions imposed by SmartPay in connection with the processing of your payment for purchasing Products from us. You acknowledge and agree that we are not responsible for the acts and/or omissions of SmartPay.
4.3. Our order process allows you to check and amend any errors in your order at each stage of the process. Please take the time to read and check your order at each page of the order process. The order summary shown to you before you submit your order will summarise your order including the total price of the Products you have ordered (including VAT) and any delivery charges. Please also check the order summary carefully before submitting you order.
4.4. After you place an order, you will receive an email from us acknowledging that we have received your order (“Confirmation Email”). This does not mean that your order has been or will be accepted, nor that a Contract between us has formed. Our acceptance of your order will only take place as described in clause 4.5.
4.5. We will confirm our acceptance to you by sending you an email (i.e. using the email address set out in your order):
4.5.1. to confirm that Order has been dispatched to you at the address you included when you submitted your order or
4.5.2. with information as to how you may download Digital Products (see clause 5 below),
(“Dispatch Email”). The Contract between us will only be formed at the time when we send you the Dispatch Confirmation.
4.6. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site as referred to in clause 7.5, we will inform you of this by email or phone (from the details you have given us) and we will not process your order until we have received further instructions from you. You will have the option of waiting until the Product becomes available, choosing an alternative Product or cancelling your order. If you have already paid for the Products and:
4.6.1. you elect to cancel your order, then we will cancel your order and we will refund you the full amount as soon as possible;; or
4.6.2. you choose an alternative Product which is cheaper than the Product you originally ordered, we will refund the difference to you as soon as possible.
5. Delivery of Products
5.1. Delivery charges and timescales for delivery will vary depending on the type of Product ordered and the delivery address. Delivery charges are calculated in accordance with our delivery charge list shown on the Site here: https://www.bluedonutstudios.com/customer_service. The cost of delivery will be set out in the order summary shown to you before you pay for your order. Please read the order summary carefully and ensure that you understand and agree to pay the cost of delivering your order to its destination. We will ensure that the Products you have ordered from us are delivered to you without undue delay and in any event not more than 30 days after the date we send you a Dispatch Email. For Hardware and Hard Copy Media, details of estimated delivery times are given on the Site and prior to submitting your order to us. Please read clause 11 about what happens if there is an Event Outside Our Control, which results in a delay in delivery or failure to deliver a Product. If there is an Event Outside Our Control, we will contact you to discuss what will happen next.
5.2. Hardware and Hard Copy Media are delivered to you via Royal Mail, Parcel Force or FedEx, depending on the delivery service you select when placing your order with us.
5.3. Delivery of the Digital Products will take place via the Dispatch Email. Information on how to access and download Digital Products will be included in the Dispatch Email, depending on the type of Digital Products you have ordered (if any). For example, the Dispatch Email might include a direct link to an online location where you can download the Digital Products and/or a serial number which can be redeemed at a website (which we will provide to you in the Dispatch Email) and which will allow you to download the Digital Products.
5.4. Depending on the number of Products you order from us and whether or not the Products you have ordered are available for delivery at the same time, we may split the Products you have ordered from us across a number of separate deliveries.
5.5. The Products will be your responsibility from the completion of delivery:
5.5.1. delivery of Hardware and Hard Copy Media will be completed when all the Hardware and Hard Copy Media you ordered form us are delivered to the address you gave us for delivery when you submitted your order to us;; and
5.5.2. delivery of Digital Products will be completed when we have sent the Dispatch Email (with the relevant download information, as described in clause 5.3) to the email address you gave us when you submitted your order to us, provided that we can show that the email was correctly addressed and that it left our systems.
5.6. For Hardware and Hard Copy Media, if you are not available to accept delivery of the Products, we or our delivery provider will attempt to contact you (i.e. using the details you have given us) to arrange re-delivery. If we or our delivery provider are unable to contact you within a reasonable time to arrange re-delivery, we will treat the part of the Contract that relates to Hardware and Hard Copy Products as cancelled, notify you in writing and we will refund any payments you have made to us in respect of the Products.
5.7. You should check all Products you receive against your order as soon as possible to make sure they reflect what you ordered and that they are not damaged or are not as described. If you discover that the Products do not reflect what you ordered, are damaged or are not as described you must tell us as soon as reasonably possible after discovering this, either by email or by letter addressed to the address shown in clause 15. You must also return the Products to us (i.e. if the Products are Hardware and/or Hard Copy Media) as soon as reasonably practicable.
5.8. If you are a consumer, if we miss the delivery deadline for any Product (see clause 5.1) then you may immediately cancel your entire Contract under which that Product was purchased if any of the following apply:
5.8.1. we have refused to deliver the Product;;
5.8.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances at the time the Contract was entered into);; or
5.8.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
5.9. If you do not have the right to cancel your entire Contract under clause 5.8, you can give us a new deadline for delivery (which must be appropriate in the circumstances). If we fail to meet the new delivery deadline you set pursuant to this clause 5.9, then you can cancel your entire Contract.
5.10. You can cancel your Contract pursuant to clause 5.8 or clause 5.9 in respect of just some of the Products or all of them (including any Products that have already been delivered to you). If the Products have been delivered to you, you will have to return them to us and clause 9.5.1 will apply.
5.11. If you do choose to cancel your Contract as a result of late or non-delivery pursuant to clause 5.8 or clause 5.9, then (subject to clause 9.5.1) we will reimburse you for all payments made to us under the Contract without undue delay after you have cancelled the entire Contract. If you choose to cancel your Contract as a result of late or non-delivery pursuant to clause 5.8 or clause 5.9 in respect of just some of the Products, then we will only reimburse you for all payments made under the Contract in respect of those Products for which you cancel the Contract.
5.12. Clauses 5.8 to 5.11 (inclusive) set out your sole remedy in relation to missing the delivery deadline for Products.
6. International delivery of Hardware and Hard Copy Media
6.1. We deliver to a number of countries outside the mainland United Kingdom (´International Delivery Destinations´). If you order Products from the Site for International Delivery, delivery charges and timescales will vary depending on the weight of the order, the delivery location and the delivery method you select when you submit an order to us.
6.2. Please note that your order may also be subject to import duties and taxes which are applied when the delivery reaches its destination country. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order.
6.3. Please also note that 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.
7. Price of Products
7.1. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the Site. However, if we discover an error in the price of any Products you order, please see clause 7.5 for what happens in this event.
7.2. Prices for our Products may change from time to time, but changes will not affect any order for which we have sent you a Dispatch Email. If the price of a Product you have ordered increases before we have sent you a Dispatch Email, we will inform you of the new price 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 are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, notify you in writing and we will refund any payments you have made to us (if any) in respect of the Products.
7.3. The price of a Product includes 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 on which we accept your order via a Dispatch Email, we will inform you and we will give you the option of continuing to purchase the Product at a price which includes the extra VAT or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, notify you in writing and we will refund any payments you have made to us (if any) in respect of the Products.
7.4. The price of a Product does not include delivery charges, which you must also pay if you have asked us to deliver the Products to you. See clause 5.5.2, which contains further information on delivery charges.
7.5. The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. If, before we contact you with a Dispatch Email, we discover an error in the price of the Products you have ordered we will 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 are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We will also refund to you the price you paid in advance (if any) for any Product in respect of which an order is cancelled or treated as cancelled.
8. How to pay
8.1. You can pay for Products using a debit card or credit card or PayPal account. Such payments are subject to authorisation by your account issuer. If you are paying for Products by debit card, credit card or PayPal account:
8.1.1. payment for the Products and all applicable delivery charges are payable in advance;;
8.1.2. a binding Contract cannot be formed between us before we have taken payment in full in cleared funds for the Products you have ordered and when we have sent you a Dispatch Email and:
8.1.3. you will only own the Products once we have received payment in full, including all applicable delivery charges and we have contacted you with a Dispatch Email. If you cancel the Contract in accordance with these Terms or your statutory rights, ownership of the Products will revert to us at the moment immediately before the Contract is cancelled.
9. Your cancellation and refund rights if you are a consumer
9.1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that if you change your mind or for any other reason and you decide you do not want to keep a Product during the cancellation period, you can notify us of your decision to cancel the Contract and receive a refund. You do not have to give us a reason for exercising your right to cancel during the period set out below in clause 9.3. Advice about your legal right to cancel the Contract is available from your local Citizens´ Advice Bureau or Trading Standards office.
9.2. However, this cancellation right does not apply in the case of:
9.2.1. any Products that are made to your specification and/or which are clearly
personalised or custom made;;
9.2.2. any Products that comprise sealed audio or video recordings or sealed computer software (i.e. Hard Copy Media), where such Products are unsealed after delivery;;
9.2.3. any Products which become mixed inseparably with other items after their delivery to you;; or
9.2.4. any Products that comprise digital content not on a tangible medium (i.e. Digital Products), where the supply of such Products has begun.
9.3. Your legal right to cancel a Contract starts from the date of the Dispatch Email, 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 in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Email on 1 January and you receive the Product on 10 January, you may cancel the Contract at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
• one Product which is delivered in instalments on separate days.
• multiple Products which are delivered on separate days.
The end date is the end of 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Email on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment on 15 January, you may cancel the Contract in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
9.4. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form available via our website here: https://www.bluedonutstudios.com/customer_service. A link to the website cancellation form will be included in our Confirmation Email. You can return your completed cancellation form to us by email to [email protected], by post to Blue Donutstudios Ltd. 8 Spur Road, Cosham, Portsmouth, England, PO6 3EB.
If you do not wish to use the cancellation form, you can also email us at [email protected] or contact us by telephone on +44 (0) 1837 55200 or by post to Unit 7A, Cranmere Road, Exeter Road Industrial Estate, Okehampton, EX20 1UE. If you are emailing us or writing to us please include details of your order to help us to identify it (e.g. your order number, name, email address, etc.). If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us the notice in time as long as you get your letter into the last post on the last day of the cancellation period (with the correct postage paid) or email us before midnight on that day. You may wish to keep a copy of your cancellation notice for your own records.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
9.5. If you cancel your Contract and subject to you complying with clause 9.6 we will:
9.5.1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your unnecessary handling of them in a way which would not be permitted in a shop (i.e. your handling them in a manner other than what is necessary to establish the nature, characteristics and functioning of the Products) or where the item has not just been checked, but used. For example, if you purchase Hardware from the Site and, when it has been delivered to you, you take it out of the packaging to check it is not broken, this would be acceptable. However, it is likely that we would reduce your refund to reflect its diminished value if you were to use the Hardware before you returned them to us;;
9.5.2. refund any delivery costs you have paid in having the Products delivered to you, although, as permitted by law, the maximum refund in respect of delivery costs you have paid will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 2-4 days at one cost , but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;;
9.5.3. make any refunds to you without undue delay and in any event within the deadlines indicated below:
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 on how to return a Product to us, see clause 9.6;;
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.
Please note that we may withhold reimbursement until you have complied with the requirements of clause 22.214.171.124.
9.6. If the Products are delivered to you before you decide to cancel your Contract:
9.6.1. you must return the Products to us without undue delay and within no more than 14 days after the day on which you let us know that you wish to cancel the Contract. The deadline is met if you send back the Products before the period of 14 days has expired. You can either send the Products back to us or hand the Products over to us at Our Premises;;
9.6.2. you will be responsible for the cost of returning the Products to us and for ensuring that the Products returned to us are not damaged in transit (please see clause 9.8);;
9.6.3. for certain larger Products we may (but do not have to) offer to arrange collection of the Products on your behalf. Where this is the case, we may contact you and offer to collect the Products from you. In such circumstances, you agree that you will be responsible for paying us for the cost of the collection. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection. If we have offered to collect the Product from you, we will charge you the direct costs to us of collection. We will notify you in advance of the cost of collection of the Products from you. For the avoidance of any doubt, this clause is not an offer to collect any Product(s) from you and/or to bear the cost of doing so in the event that you cancel a Contract;;
9.6.4. you must take reasonable care of the Products and keep them in your possession and not use them until they are returned to us or collected by us.
9.7. Where reasonably possible, please return Products to us in their original packaging.
9.8. If you chose to return any Products to us we will not be responsible for loss or damage to them in transit. We therefore recommend that these are returned to us using a reputable delivery provider. If Products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage.
9.9. We will refund you on the credit card or debit card used by you to pay us for the Products. In any event, you will not incur any fees as a result of the reimbursement.
9.10. Where you request for us to deliver a Product to a third party you will only be able to exercise this cancellation right if you can return the goods to us or we can arrange with the third party to collect them.
9.11. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract.
10. Our liability to you (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
10.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not so foreseeable. Loss or damage is foreseeable if it was 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.
10.2. In any event (subject to clause 10.3) we will have no liability to you for any loss of profit or revenue, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity that you suffer, in each case whether directly or indirectly, as a result of entering into a Contract.
10.3. We do not in any way exclude or limit our liability for:
10.3.1. death or personal injury caused by our negligence or that of our employees, agents or subcontractors;;
10.3.2. fraud or fraudulent misrepresentation;;
10.3.3. any liability or responsibility that cannot be excluded or restricted under section 31 of the Consumer Rights Act 2015;;
10.3.4. defective products under the Consumer Protection Act 1987;; or
10.3.5. any other liability for which it would be unlawful for us to attempt to limit or exclude liability.
11. How we may use your personal information
11.1. We will use the personal information you provide to us to:
11.1.1. provide the Products to you;;
11.1.2. process your payment for the Products;;
11.1.3. for the purposes described in clause 8.2.2;; and
11.1.4. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
11.2. We will not give your personal data to any other third party without first contacting you to get your express and informed consent to our doing so.
12. Events outside our control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
12.2. An Event Outside Our Control includes any act, event, non-happening, omission or accident outside our reasonable control and includes in particular but (without limitation) the following:
12.2.1. strikes, lock-outs or other industrial action;;
12.2.2. civil commotion, riot, invasion, terrorist attack or threat or risk of terrorist attack, war (whether declared or not) or threat or preparation for war;;
12.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;;
12.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;;
12.2.5. impossibility of the use of public or private telecommunications networks;;
12.2.6. the acts, decrees, legislation, regulations or restrictions of any government;;
12.2.7. denial of service attacks or other types of attacks that are directed toward the infrastructure that supports the Site;;
12.2.8. any type of outage or service degradation relating to the unavailability of a financial institution including, but not limited to, issuers and/or acquirers or any third party switch or processing system;; or
12.2.9. any failure or service outage that falls outside of our control.
12.3. Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
12.4. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you. If an Event Outside Our Control affect the performance of our obligations under a Contract for a period of more than 4 weeks, you may cancel the Contract and we will refund any sums you have paid to us in respect of the Products as soon as we are able to do so.
13. Our right to vary these terms
13.1. We may update or amend these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes we have made. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
13.2. Once a Contract is formed, we will not make any changes to the terms that apply to that Contract. However if you are a returning customer please check the Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited the Site.
14. Communications between us
14.1. When we refer, in these Terms, to “in writing”, this will include email, unless it is clear that email is not intended to be included in any particular scenario.
14.2. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1. Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at [email protected], or by pre-paid post to Blue Donut Studios Ltd, 8 Spur Road, Cosham, Portsmouth, England, PO6 3EB . We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
16. Other important terms
16.1. All amounts due under this Contract shall be paid in full, without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16.2. Our right not to accept orders and applicable refund. We may decide not to accept an order from you for Products. If we do so, if you have made any payment in advance for the Products, we will refund you the full amount you have paid as soon as possible.
16.3. We may transfer this agreement to someone else. We may transfer our rights under a Contract to another organisation, but this will not affect your rights or obligations under these Terms. You may only transfer your obligations under these Terms to another person if we agree in writing.
16.4. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms
16.5. If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (and part clauses, where relevant) will remain in full force and effect.
16.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
16.7. Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by English law and you or we can bring legal proceedings in respect of the Contract and/or the Products in the English courts. If you live in Scotland you or we can bring legal proceedings in respect of the Contract and/or the Products in either the Scottish or the English courts. If you live in Northern Ireland, you or we can bring legal proceedings in respect of the Contract and/or the Products in either the Northern Irish or the English courts.
16.8. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint or we fail to resolve a dispute between us in relation to a Contract Products you may want to contact The Retail Ombudsman who is a certified ADR provider, whom we are willing to work with. Further information about The Retail Ombudsman is available on their website at http://www.theretailombudsman.org.uk, or you can telephone them on 0203 137 8268. We are also required to provide you with a link to the European Commission´s Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/.