"We | Our | Us | Enviroli" shall mean, Enviroli trading under Andrews and Ford Limited. Registered Office Address: Wooblr House, Stapleton Lane, Barwell, Leicestershire, LE9 8HE, United Kingdom. Registered in England and Wales with Company Number: 10128481, VAT Registration Number: GB257 2484 85 and ICO Registration Number: ZA178981.
"Customer | You" shall mean, any User of the Platforms.
"Consumer" shall mean, a Customer who intends to Order and use purchased Products for personal, social, family, household and similar needs, and is not directly related to business or entrepreneurial activities.
"Users" shall mean, the Users of the Platforms collectively.
"Personal Information" shall mean, the details You provide to Us when You use the Platforms, such as your name, email address, billing address, delivery address, telephone number, Product selections, debit or credit card and/or other payment information and a password.
"UK" shall mean, England, Wales, Scotland and Northern Ireland.
"Channel Islands" shall mean, Guernsey (including, Alderney, Herm and Sark) and Jersey.
"EU" shall mean, a European Union member state, which no longer includes the UK.
"Platforms" shall mean, any digital way of accessing the Enviroli store and includes the website located at Enviroli.co.uk or any other subdomain of Enviroli.co.uk which may be accessible unless expressly excluded by their own Terms and Conditions, or any subsequent URL which may replace it, and the Enviroli app accessed using a mobile device.
"Product" shall mean, a Product displayed for sale on the Platforms.
"Services" shall mean, a Service displayed for sale on the Platforms (for example, but is not limited to, gift wrapping and delivery).
"Product Description" shall mean, the section displayed on the Platforms where certain Terms and Conditions in respect of the individual Product are provided, which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
"Enviroli Account" shall mean, your personal Customer account set up by You on the Platforms.
"Order" shall mean, the submission of an Order for Products on the Platforms by the Customer.
"VAT" shall mean, Value Added Tax.
"VOEC" shall mean, VAT On E-Commerce, which is a Norwegian scheme to collect VAT on low value Products (below 3 000kr) from Norwegian Consumers (B2C), and to declare and pay the VAT to The Norwegian Tax Administration.
1. Using the Platforms
1.1. The Platforms provided are solely for your personal and commercial use, however, Products purchased on the Platforms are not for resale purposes. To place an Order on the Platforms, You must be at least sixteen (16) years old, however, We reserve the right to only accept an Order from those over eighteen (18) years old. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure You check the latest version. We may modify or withdraw the Platforms (or any part of them) temporarily or permanently, and We shall not be liable to You or any third party for any modification to, or withdrawal of, the Platforms and You agree to use the Platforms on this basis. If You do not agree to any changes in these Terms and Conditions, We advise You to stop using the Platforms immediately.
1.2. All text, graphics, photographs (including, all image rights), videos, logos, trademarks, artwork, sounds, music, User interfaces, visual interfaces and computer code (the "Content") belongs to Enviroli (or is licensed to Enviroli). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and You are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Enviroli's prior written permission.
1.3. You agree that any information You submit to the Platforms including Personal Information shall be true, accurate, current and complete. If You submit to the Platforms any communication, idea or materials which may attract copyright or other intellectual property rights, You agree that this shall become Enviroli's property. You agree that anything You submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene, nor constitute an invasion of privacy. You agree that You are and shall be personally responsible for your use of the Platforms. If We determine that You are, or have been, engaged in activities which are unlawful, abusive, obscene or constitute an invasion of privacy, We may deny You access to the Platforms at any time.
1.4. You must not establish any link to the Platforms to suggest any form of association, approval or endorsement on Our part where none exists or establish a link from any website that is not owned by You. The Platforms must not be framed on any other site, and You may not create a link to any part of the Platforms other than the home page.
1.5. While We endeavour to verify the accuracy of any information We place on the Platforms, We make no warranties (whether express or implied) in relation to its accuracy. The Platforms are provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Platforms, or any transaction that may be conducted on or through the Platforms, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
1.6. We make no warranty that the Platforms will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Platforms. We will not be responsible or liable to You for any loss of material uploaded or transmitted through the Platforms.
1.7. The Platforms may contain links to other websites or applications, which are not operated by Enviroli. When You activate any of these You will leave the Platforms and We have no control over, and will not accept any responsibility or liability in respect of the material on any website or application which is not under Our control.
2. Enviroli Account, Personal Information and Security
2.2. When You register for a Enviroli Account, You agree that:
2.2.1. The Personal Information which You are required to provide when You register as a Customer is true, accurate, current and complete; and
2.2.2. If any of your information changes (for example, You change your address), please let Us know by updating your Enviroli Account online.
2.3. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
2.4. You are responsible for keeping your Enviroli Account and Personal Information confidential. Please notify Us immediately of any unauthorised use of your Enviroli Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that You sign out from your Enviroli Account at the end of each session if You use a shared computer. We will not be liable for any loss or damage arising from your failure to comply with this clause.
3. Our Products
3.1. We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of Our Products. What You see will depend on your computer equipment, screen or monitor and We are therefore unable to guarantee that Product images are an accurate representation of the actual merchandise. Please refer to Our Returns Policy if You are unhappy with your Order.
3.2. Products are subject to availability and Products that are in your basket are not reserved and can be purchased by other Users. We will do Our best to remove any Products which have sold out at the earliest opportunity. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product You have ordered becomes out of stock after We have accepted your Order, then Enviroli shall not be liable to You for being unable to provide that Product. If such a situation arises, then We shall notify You as soon as possible and You will not be charged for the out of stock Product.
3.3. If, due to unforeseen circumstances or in the event of supply difficulties, it is necessary to substitute a perishable Product (please note, this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to You. If You receive the substitute Product and do not want to accept it, then We will reimburse You for the cost and return of that Product.
4.1. Any coupon, discount, offer or promotional discount (the "Promotion") offered on the Platforms are non-transferable and valid only for use as part of a purchase made on the Platforms, unless otherwise stated and subject to availability. No cash alternative will be offered on any Promotion. The Promotion cannot be used in conjunction with any other coupon, offer or promotional discount and it must be redeemed by the date published (if applicable and provided).
4.2. Product prices shown on the Platforms are in Pound Sterling (GBP), Australian Dollar (AUD), Danish Krone (DKK), Euro (EUR), Hong Kong Dollar (HKD), Japanese Yen (JPY), New Taiwan Dollar (TWD), New Zealand Dollar (NZD), Norwegian Krone (NOK), Singapore Dollar (SGD), South African Rand (ZAR), South Korean Won (KRW), Swedish Krona (SEK), Swiss Franc (CHF) and United States Dollar (USD) or such other currency as We may offer from time to time and are inclusive of UK VAT (where applicable), at the appropriate rate.
4.3. Where You have requested delivery of your Order to the Isle of Man, or the UK, the total cost of your Order will include UK VAT.
4.4. Where You have requested delivery of your Order to a country not included in clause 4.3, the total cost of your Order will not include VAT. However, it will not include any taxes, duties, fees, levies or other charges levied by the country You have selected, which will not be added to your Order at checkout and You will ultimately be responsible for the charges applied in the country You have selected for delivery. Product prices shown on the Platforms (irrespective of which currency You choose to pay in) may change from time to time.
4.5. Although We try to ensure all Our Products prices displayed in the Product Description are accurate, errors may sometimes occur. If We discover an error in the price of a Product, We shall be under no obligation to accept or fulfil an Order for this Product at the incorrect price and reserve the right to cancel such an Order that has been accepted or is in transit.
4.6. You will be the importer for the international delivery of your Order (for example, any Order delivered to a country other than the Channel Islands, Isle of Man and the UK). Therefore, before placing an Order, it is your responsibility to check that the Products You are planning to import comply with local, state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, You agree to be responsible for these.
5. Product Restrictions
5.1. There may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, We are prevented from being able to deliver it to You (for example, age, or country restricted Products such as alcohol). Enviroli shall not be held liable in relation to any Product that We are unable to sell or deliver to You as a result of such restrictions. Please refer to the Product Description of your selected Products to see if any restrictions apply. In the event that a restriction is enforced after You have placed your Order with us, We will do Our utmost to notify You as soon as reasonably practicable.
5.2. If You place an Order for any Products which are restricted by age ("Age Restricted"), You warrant that You meet the age requirement for that Product (for example, a person of eighteen (18) years or over to place an Order for any razor blade Product). It is an offence to buy or attempt to buy Age Restricted Products if You are under age or to purchase such Products for someone else who is under age.
5.3. Since the introduction of the Offensive Weapons Act 2019, We reserve the right to conduct age verification checks on Customers who have placed Orders that contain Age Restricted Products.
5.4. We reserve the right not to sell or deliver any Age Restricted Product to anyone who is, or appears to be, under the required age.
6. Order Process
6.1. Enviroli takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on Our part, We will not be liable for any loss You may suffer if a third party procures unauthorised access to any Personal Information You provide when accessing or placing an Order on the Platforms. For more information on how We use and protect your Personal Information, please refer to Our Privacy and Cookie Policies.
6.2. The technical steps to place your Order and create a contract of sale between You and Enviroli are, as follows:
6.2.1. You place an Order on the Platforms by pressing the 'Place Order' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Platforms.
6.2.2. We will send You an email confirming your Order which will detail the Products that You have ordered. This email does not constitute an acceptance of your Order by Us and a contract does not exist between Us at this point.
6.2.3. As your Order is dispatched by us, We will send You a dispatch confirmation email. Please note, that We may also send You an SMS to notify You that your Order has been dispatched. Upon sending either the email and/or SMS, your Order will be taken to have been accepted by us, unless We have notified You that We do not accept your Order, or You have cancelled it.
6.2.4. Subject to Us having accepted your Order, We will then arrange for delivery of it, to You at your nominated address, on the date and time nominated by You (as far as applicable.)
6.3. Your Order is subject to English law. Your Order will be complete and the Products in your Order will then be owned by You (and so risk of loss or damage to such) will pass to You in the first instance of either of the below taking place:
6.3.1. The date on which We receive payment in full for the Products; or
6.3.2. The date and time of delivery by Us to your nominated address, safe place, neighbour or as specified by You to Our delivery partner. The Order is your responsibility from the time the delivery is made to the address or safe place You gave to Us.
6.4. We shall be entitled to supply Products ordered as part of one Order separately. This may mean that Products are dispatched or available separately. There may be certain circumstances where We can supply only part of an Order.
6.5. Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
6.5.1. A Product You ordered is out of stock;
6.5.2. We are unable to obtain authorisation for your payment;
6.5.3. We have identified an error with a Product Description, including but not limited to a pricing error;
6.5.4. You do not meet the eligibility requirements as specified in these Terms and Conditions;
6.5.5. There is a system or procurement failure;
6.5.6. You fail Our Customer validation checks;
6.5.7. There are restrictions (legal or otherwise) or practices in relation to a Product which prevent Us from being able to sell or deliver it to you; or
6.5.8. We believe You are generating Orders for resale purposes.
6.6. We reserve the right to cancel your Order even after We have accepted it, for any of the reasons listed in Clause 6.5 of these Terms and Conditions.
7. Payment and Payment Methods on the Platforms
7.1. You can currently pay in Pound Sterling (GBP), Australian Dollar (AUD), Danish Krone (DKK), Euro (EUR), Hong Kong Dollar (HKD), Japanese Yen (JPY), New Taiwan Dollar (TWD), New Zealand Dollar (NZD), Norwegian Krone (NOK), Singapore Dollar (SGD), South African Rand (ZAR), South Korean Won (KRW), Swedish Krona (SEK), Swiss Franc (CHF) and United States Dollar (USD) or such other currency as We may accept from time to time.
7.2. We accept payment for Orders by American Express, Maestro, MasterCard, Visa, Visa Electron, PayPal, Clearpay, Laybuy, Alipay, Bancontact, EPS, Giropay, iDEAL, Multibanco, P24, SOFORT, BACS, CHAPS, Cheque and Faster Payments or such other payment methods as We may offer from time to time. Gift cards can only be used for Orders in Pound Sterling.
7.3. If You choose to pay for your Order using a payment card with a currency denominated account that is different from the currency You are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which You will be liable to pay.
7.4. By placing your Order and making an offer to buy a Product, You authorise Us to transmit information (including, any updated information) or to obtain information about You from third parties from time to time and this may include, verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your debit or credit card, to obtain an initial debit or credit card authorisation, to protect You and Us from fraud, and to enable Us to arrange delivery of your Order to your nominated delivery address.
8. Gift Cards
8.1. Enviroli gift cards can be used to purchase Products on the Platforms. Gift cards can only be used for Orders in Pound Sterling.
8.2. The minimum amount to activate a Enviroli gift card is five pounds (£5.00). A gift card cannot be exchanged for cash or refunded. If the Products purchased online total less than the value of your gift card, any balance will be left as credit for You on your gift card.
8.3. When redeeming a gift card on the Platforms, You will be required to give the serial number of the gift card.
8.4. You should treat your gift card as cash, We cannot replace lost or stolen gift cards or refund the balance of a gift card used without your permission. If You have any issues with using your gift card, please contact Customer Services on 01455 372375 (+44 (0)1455 372375 from abroad) or by sending an email to firstname.lastname@example.org.
9. Enviroli Employees
9.1. Enviroli employees ordering Products from the Platforms, and who are entitled to staff discount, agree that they have read and adhere to the Terms and Conditions of the Enviroli Staff Discount Policy. Employees with any questions about this discount policy should contact Enviroli's HR department.
10.1. You must provide Us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of You supplying Us with incomplete or inaccurate information. Parcels may require a signature on delivery and all Age Restricted parcels will be sent by a tracked delivery service and will require a signature on delivery by a person of eighteen (18) years old or over.
10.2. Please note, if You choose to use any of Our delivery partners personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place), Enviroli shall not be held liable for any items which are lost, damaged or delayed.
10.3. We will make every effort to deliver your Order within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside Our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Enviroli shall not be liable for any delay or failure by Us to deliver your Order within the estimated timescales as a result of such delays. Please note that delivery of your Order may take longer during seasonal holidays, sale days or/and sale weekends or any other busy periods.
10.4. For the full list of countries that We currently deliver to, please see Our delivery information here. You may select the international delivery option at the end of the checkout process by specifying a delivery address outside of the Channel Islands, Isle of Man or the UK. We will notify You of the international delivery charges applicable to your Order at checkout and the amount will be added to the total amount of your Order. Delivery times of your Order to an international address will vary according to its destination.
11.1. You have a statutory right to cancel your contract of sale at any time up to fourteen (14) days after the day on which You receive your Order. If You place an Order for several Products and they are delivered separately, your fourteen (14) days will start the day after You receive the last Product in your Order. You need to return the Product within fourteen (14) days from the day You send notification to Us of your wish to cancel your Order in order to receive a refund. For more information, please see Our Returns Policy.
11.2. If, for any reason, You wish to cancel your contract before your Order has been dispatched, then You need to let Us know. You can do so by contacting Customer Services on 01455 372375 (+44 (0)1455 372375 from abroad), or by sending an email to email@example.com. Once We have received notification from You of your wish to cancel your contract, subject to any monies having been taken from You and providing the items have not been dispatched, We will refund You the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see Our Returns Policy.
11.3. It may not always be possible to stop an Order from being dispatched. If You decide to cancel your contract and your Order has already been dispatched, but has not yet been delivered, You need to let Us know and return the Product within fourteen (14) days from the day after You receive your Order. We may withhold any reimbursement until We have received the Order back or You have supplied evidence of having sent the Order back (where applicable). You can notify Us by using any one of the options identified in clause 11.2. For more information, please see Our Returns Policy.
11.4. Where You have refused delivery of the Order, this will be deemed to be a cancellation as detailed in clause 11.3.
12. Returns Policy
12.1. Products must be returned in a saleable condition within the specified time frame (as detailed in clause 11.) of receiving your Order. Products must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact when they are returned to Us. We reserve the right to consider the condition of any Product that You wish to return and make any deductions if there are indications that the Product has been handled beyond what is necessary to establish its nature, characteristics and function, and its tags, security devices or seals have been used, removed, broken or tampered with.
12.2. Please note that your right to cancel or return a Product does not apply to certain types of Products. The following list provides a non-exhaustive list of the types of Products You cannot cancel or return:
12.2.1. Products which are bespoke, have been made to measure, altered, or personalised to your specification;
12.2.2. Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);
12.2.3. Event tickets;
12.2.4. Hampers, food, beverages and other perishable goods, such as flowers;
12.2.5. Unsealed beauty items, including toiletries and cosmetics which have been opened, tested or partially used; and
12.2.6. Fragrance when delivered outside the UK, which cannot be returned due to restrictions on delivering hazardous Products.
12.3. Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, You are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.
Please note, that clauses 12.2 and 12.3 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
12.4. We will not be liable for the cost of returning any Product to Us. We will not be liable for any loss or damage while your Product is in transit to Us and We recommend using a trackable service. If You wish to return your Product, please follow the steps below:
12.4.1. You must complete the online returns form which can be found here.
12.4.2. Having completed the online returns form, You will be supplied with a returns reference, please be sure to include this within the returns package along with the Product.
12.4.3. Please return to Enviroli, Wooblr House, Stapleton Lane, Barwell, Leicestershire, LE9 8HE, United Kingdom.
13. Refund Policy
13.1. Within fourteen (14) days of Us receiving your Product back by post, or receiving proof from You that your Product was returned to us, We will initiate a refund for the original purchase price of the Product, provided that You return the Product to Us in a saleable condition.
13.2. If You placed your Order and paid for it to be delivered to the Channel Islands, Isle of Man, or the UK, we will not refund the original delivery charge that you paid, unless the item is faulty or incorrect.
13.3. If You placed your Order and paid for it to be delivered to a country not included in clause 13.2, We will not refund the original delivery charge or any applicable local customs duties charged to You at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products You subsequently return. However, You will need to apply to your local authority to obtain a refund.
13.4. If You are returning part of your Order, and the refund amount will bring the net Order value below our UK free delivery threshold, we will deduct the amount that You would have paid for delivery from the refund.
13.5. If We have initiated a refund prior to receiving the Product, We reserve the right to consider the condition of any Product on receiving the Product back by post, and make any deductions if there are indications that the Product has been handled beyond what is necessary to establish its nature, characteristics and function, and its tags, security devices or seals have been used, removed, broken or tampered with and any deductions that would have originally been deducted from the refund, should We have been aware of the condition of the Product, must be paid by You.
13.6. Refunds will be issued back to You as follows:
13.5.1. If You paid for your Order using a debit or credit card, your refund will be made back to the same card. This will appear in your account anywhere from 3-10 working days after We have initiated the refund.
13.5.2. If You paid for your Order using PayPal, your refund will be processed back to the same PayPal account You used. This will appear in your account immediately once We have initiated the refund, but can take up to 30 days depending on the card company involved and anywhere from 5-10 working days for your refund to appear in your account if You paid by Instant Bank Transfer. However, if You did not use a PayPal account but used PayPal to pay by either debit or credit card, your refund can take up to 30 days depending on the card company involved after We have initiated the refund.
13.5.3. If You paid for your Order using either your Alipay, Bancontact, EPS, Giropay, iDEAL, Multibanco, P24 or SOFORT account, your refund will be processed back to the same account You used. This can take up to 5-10 working days after We have initiated the refund.
13.5.4. If You paid for your Order using either Clearpay or Laybuy, You will recieve an email from either Clearpay or Laybuy explaining how your refund will take place.
13.5.5. If You paid for your Order using bank transfer (including, international bank transfer), your refund will be processed back to the same account You used. This can take up to 21 working days after We have initiated the refund depending on your location.
13.5.6. If You paid for your Order using a cheque, your refund will be issued by cheque. This can take up to 28 working days after We have initiated the refund to arrive by post.
13.5.7. If You paid for your Order using a gift card, your refund will be made back to the same card.
13.5.8. If You paid for your Order using a combination of a gift card and another payment method, then any refund for that Order will be made back in the same amounts to the same payment methods that You used when originally placing your Order. This means that if You placed an Order for £100 but used a £50 gift card, with the remainder paid for using your debit card, then You will receive a £50 refund to your gift card and a £50 refund to your debit card.
13.7. If a promotional discount was applied to your Order originally, then the same discount will be applied to each Product of your Order that You return. This means that You will only be refunded the amount that You originally paid for your Order or any given Product. Furthermore, any free promotional gift given with an Order must also be returned if You are returning the Product to which the gift related. When returning a discounted Product, the specified time frame (as detailed in clause 11.) applies. Should any free promotional gift given with an Order not be returned, We reserve the right to charge You full price for the gift.
13.8. We monitor the number of returns made by Customers, and repeated returns will be flagged and may, at Our discretion, lead to the closure of your Enviroli Account.
14. General Provisions
14.1. If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or You fail any of Our fraud detection or anti money laundering detection checks, Enviroli has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
14.2. You have certain rights as a Customer, including legal rights relating to faulty or misdescribed goods. For more information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, We will perform Our obligations under these Terms and Conditions with reasonable care and skill.
14.3. Any Orders delivered to You will be of satisfactory quality. However, if We deliver an Order that is not of satisfactory quality, You can:
14.3.1. Contact Us for a full refund within thirty (30) days of delivery; or
14.3.2. Contact Us for a repair or replacement.
188.8.131.52. If You contact Us for a repair or replacement after six (6) months of delivery, You will be required to prove that the Product was faulty at the time You took ownership of it.
14.4. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Platforms, a Product, or the conduct of other Users of the Platforms, even if Enviroli has been advised of the possibility of such damages.
14.5. You agree to fully indemnify, defend and hold harmless Enviroli, Our agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of your use of the Platforms, or the use by any other person accessing the Platforms using your Enviroli Account and/or your Personal Information.
14.6. Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our agents or employees.
14.7. We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
14.8. We will not be responsible to You for any delay or failure to comply with Our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond Our reasonable control.
14.9. If You breach these Terms and Conditions and We take no action We will still be entitled to use Our rights and remedies in other situations where You are in breach. No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
14.10. The Platforms may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Platforms and any transactions conducted on or through the Platforms. These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.
14.11. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.
14.12. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.
14.13. Dispute Resolution (EU resident Customers only). The European Online Dispute Resolution Platform provides information about alternative dispute resolution which may be of interest if there is a dispute We cannot resolve between Us.
14.14. Applicable laws require that some of the information or communications We send to You should be in writing. When using the Platforms, 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 Platforms. 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.
14.15. These Terms and Conditions govern Our relationship with You and supersede any and all preceding and contemporaneous agreements between You and Enviroli. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Andrews and Ford Limited. You confirm that, in agreeing to accept the Terms and Conditions, You have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and You agree that You shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions.