B2C terms of sale

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.weekett.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1. 1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account” “Business Day”	means an account required to access and use Our Web App, as detailed in Clause 15; means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in Edinburgh and London;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer or mobile device that appears on, or forms part of, Our Web App;
“Contract”	means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods”	means the goods sold by Us through Our Site;
“Order”	means your order for Goods;
“Order Confirmation”	means our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order;
“User”	means a user of Our Web App;
“User Content”	means any user specific content created and/or uploaded by Users in or to Our Web App; and
“We/Us/Our”	means WeeKett Limited, a company registered in Scotland under Company Number SC588541, whose registered address is at 11-15 Thistle Street, Edinburgh, Scotland, EH2 1DF;
“Web App”	Means the application known as WeeKett.

2. Information About Us

2.1 Our Site, is owned and operated by Us.

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to our Website Terms of Use www.weekett.com. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

5. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale.

6. International Customers

Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.

7. Goods, Pricing and Availability

7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

7.2 Please note that sub-Clause

7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).

7.3 Where appropriate, you may be required to select the required model, number, of the Goods that you are purchasing.

7.4 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site.

7.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every week. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).

7.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 5 calendar days, We will treat your Order as cancelled and notify you of this in writing via email.

7.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order. 7.9 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.10 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.

8. Orders – How Contracts Are Formed

8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

8.4 Order Confirmations shall contain the following information:

8.4.1 Your Order Number;

8.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

8.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

8.4.4 Estimated delivery date(s).

8.5 We will not include a paper copy of the Order Confirmation with your Goods.

8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 Business Days.

8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

9. Payment

9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.

9.2 We accept the following methods of payment on Our Site:

9.2.1 Visa;

9.2.2 MasterCard;

9.2.3 PayPal;

9.2.4 American Express.

10. Delivery, Risk and Ownership

10.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 26).

10.2 If We are unable to deliver the Goods on the delivery date, the following will apply:

10.2.1 If no one is available at your delivery address to receive the Goods, the courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;

10.2.2 If you do not collect the Goods or rearrange delivery, and the courier returns the Goods to Us, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery, We will treat the Contract as cancelled. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.

10.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:

10.3.1 We have refused to deliver your Goods; or

10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or

10.3.3 You told Us when ordering the Goods that delivery within that time period was essential.

10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 5 Business Days upon receiving the returned goods. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.

10.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.

10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.

11. Faulty, Damaged or Incorrect Goods

11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at info@weekett.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:

11.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.

11.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

11.1.3 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

11.1.4 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

11.1.5 Within a period of six months after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.

11.3 To return Goods to Us for any reason under this Clause 11, please contact Us at info@weekett.com to arrange for a collection and return. You will be fully responsible for the costs of returning Goods under this Clause 11.

11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased. 11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods. 11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Cancelling and Returning Goods if You Change Your Mind

12.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.

12.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.

12.1.2 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:

12.2.1 Email: info@weekett.com;

12.2.2 16 Gloucester Lane, Edinburgh, Scotland, EH3 6ED; In each case, providing Us with your name, address, email address, telephone number, and Order Number.

12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

12.4 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:

12.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

12.4.2 If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed software and you have unsealed the Goods after receiving them;

12.4.3 If the Goods have been personalised or custom-made for you;

12.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.

12.6 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at 16 Gloucester Lane, Edinburgh, Scotland, EH3 6ED please contact Us at info@weekett.com to arrange for a return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.

12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:

12.7.1 The day on which We receive the Goods back; or

12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or

12.7.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:

12.8.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note We typically issue a refund after We have received the Goods and after carrying out the inspection, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

12.8.2 If a refund is issued to you under this Clause 12, you will receive a full refund of any delivery charges (including, where relevant, premium delivery). We are required by law to reimburse standard delivery charges (or the equivalent) only.

12.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.

13. Our Liability to Consumers

13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

13.2 We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Web App or any Content (including User Content) included in Our Web App.

13.4 To the fullest extent permissible by law, We accept no liability to consumers for loss or damage that is not foreseeable through the use of Our Web App.

13.5 We exercise all reasonable skill and care to ensure that Our Web App is free from viruses and other malware. Subject to sub-Clause

13.4, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Web App (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.

13.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Web App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

13.7 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

13.8 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

13.9 Please read the instructions, manuals and other user documentation that comes with your Goods carefully. We recommend that you use all Goods safely and in accordance with the manufacturer’s guidelines.

14. Access to Our Web App

14.1 These Terms of Sale, together with any and all other documents referred to herein, set out the terms of use under which you may use Our Web App.

14.2 Access to Our Web App is free of charge.

14.3 It is your responsibility to make any and all arrangements necessary in order to access Our Web App.

14.4 We may from time to time make changes to Our Web App:

14.4.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Web App;

14.4.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Web App; and

14.4.3 We may develop and improve Our Web App over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.

14.5 We will always aim to ensure that Our Web App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause

14.4. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Web App.

15. Accounts

15.1 An Account is required to use Our Web App.

15.2 You may not create an Account if you are under 18 years of age.

15.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

15.4 We recommend that you choose a strong password for your Account. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.

15.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

15.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations as set out in Our Privacy Policy.

15.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing Your account will also remove any User Content that you have created from Our system.

16. Our Intellectual Property Rights and Licence

16.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Web App for personal purposes, subject to these terms and conditions.

16.2 Subject to the licence granted to Us under sub-Clause 19.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).

16.3 All other Content included in Our Web App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

16.4 By accepting these terms and conditions, you hereby undertake:

16.4.1 Not to copy, download or otherwise attempt to acquire any part of Our Web App;

16.4.2 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

16.4.3 Not to disassemble, decompile or otherwise reverse engineer Our Web App;

16.4.4 Not to allow or facilitate any use of Our Web App that would constitute a breach of these Terms and Conditions; and

16.4.5 Not to embed or otherwise distribute Our Web App on any website, ftp server or similar.

17. Links to Our Web App

17.1 You may link to Our Web App provided that:

17.1.1 You do so in a fair and legal manner;

17.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

17.1.3 You do not use any of Our logos or trade marks (or any others displayed on Our Web App) without Our express written permission; and

17.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

17.2 You may not link to any page other than the homepage of Our Web App unless using the sharing features of Our Web App. Deep-linking to other parts of Our Web App requires Our express written permission.

17.3 You may not link to Our Web App from any other website the content of which contains material that:

17.3.1 Is sexually explicit;

17.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;

17.3.3 Promotes violence;

17.3.4 Promotes or assists in any form of unlawful activity;

17.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

17.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

17.3.7 Is calculated or is otherwise likely to deceive another person;

17.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;

17.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 17.2 OR 3);

17.3.10 Implies any form of affiliation with Us where none exists;

17.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or

17.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

18. Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

19. User Content

19.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our Web App. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 21.

19.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause

19.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.

19.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Web App.

19.4 If you wish to remove User Content, you may do so by emailing info@weekett.com. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause

19.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

19.5 We may reject, reclassify, or remove any User Content created or uploaded using Our Web App where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

20. Intellectual Property Rights and User Content

20.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

20.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.

21. Acceptable Usage Policy

21.1 You may only use Our Web App in a manner that is lawful and that complies with the provisions of this Clause

21. Specifically:

21.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

21.1.2 You must not use Our Web App in any way, or for any purpose, that is unlawful or fraudulent;

21.1.3 You must not use Our Web App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

21.1.4 You must not use Our Web App in any way, or for any purpose, that is intended to harm any person or persons in any way.

21.2 The following types of User Content are not permitted on Our Web App and you must not create, submit, communicate or otherwise do anything that:

21.2.1 is sexually explicit;

21.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

21.2.3 promotes violence;

21.2.4 promotes or assists in any form of unlawful activity;

21.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

21.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

21.2.7 is calculated or otherwise likely to deceive;

21.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

21.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 21.2);

21.2.10 implies any form of affiliation with Us where none exists;

21.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

21.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

21.3 We reserve the right to suspend or terminate your Account and/or your access to Our Web App if you materially breach the provisions of this Clause 21 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:

21.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Web App;

21.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;

21.3.3 Issue you with a written warning;

21.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

21.3.5 Take further legal action against you as appropriate;

21.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

21.3.7 Any other actions which We deem reasonably appropriate (and lawful).

21.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

22. Advertising

22.1 We may feature advertising within Our Web App and We reserve the right to display advertising on the same page as any User Content.

22.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

22.3 We are not responsible for the content of any advertising in Our Web App. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our Web App including, but not limited to, any errors, inaccuracies, or omissions.

23. Disclaimers

23.1 No part of Our Web App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.

23.2 Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Web App will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

23.3 We make reasonable efforts to ensure that the Content contained within Our Web App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Web App (and the Content therein) is complete, accurate or up-to-date.

23.4 If you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Web App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

23.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Our Web App. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way. To the fullest extent permissible by law, We accept no liability to consumers for loss or damage that is not foreseeable.

23.6 So far as permissible by law, our entire liability under this Agreement shall be limited to the sum of £500.

24. Viruses, Malware and Security

24.1 We exercise all reasonable skill and care to ensure that Our Web App is secure and free from viruses and other malware. We do not, however, guarantee that Our Web App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.5.

24.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

24.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Web App.

24.4 You must not attempt to gain unauthorised access to any part of Our Web App, the server on which Our Web App is stored, or any other server, computer, or database connected to Our Web App.

24.5 You must not attack Our Web App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

24.6 By breaching the provisions of sub-Clauses 24.3 to 24.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Web App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

25. Communications from Us

25.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Web App, and changes to your Account.

25.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 Business Days for Us to comply with your request. During that time, you may continue to receive emails from Us.

25.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at info@weekett.com.

26. Events Outside of Our Control (Force Majeure)

26.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

26.2 If any event described under this Clause 26 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

26.2.1 We will inform you as soon as is reasonably possible;

26.2.2 We will take all reasonable steps to minimise the delay;

26.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

26.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

26.2.5 If the event outside of Our control continues for more than six months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 5 Business Days of the date on which the Contract is cancelled;

26.2.6 If an event outside of Our control occurs and continues for more than six months and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details: Email: info@weekett.com; In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 5 Business Days of the date on which the Contract is cancelled.

27. Communication and Contact Details

27.1 If you wish to contact Us with matters relating to the Goods or your Order, cancellations or general questions you may contact Us by email at info@weekett.com or refer to the relevant Clauses above.

28. Complaints and Feedback

28.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

28.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

28.2.1 By email, at info@weekett.com;

29. How We Use Your Personal Information (Data Protection)

29.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

29.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable) inclusing data collected, processed and stored on Our Web App, please refer to Our Privacy Policy on www.weekett.com.

30. Other Important Terms

30.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

30.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

30.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

30.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

30.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

30.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 5 Business Days of receiving returned goods.

31. Law and Jurisdiction

31.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

31.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause

31.1 above takes away or reduces your rights as a consumer to rely on those provisions.

31.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

31.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.