1. Introduction

trof Ltd. (“trof,” “Company,” “us,” or “we”), provides www.trof.me (the "Site"), and other web and mobile applications (collectively, the "Products"), our ordering platform, booking platform, queuing platform, and wallet platform (together with the Products, the "Service"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).

We've tried hard to keep this Agreement as readable and straightforward as possible. We’ve also added a series of short explanations of the legal language in plain English (they all start with "TL~DR") to aid in understanding, but that part isn’t legally binding. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us. Except as noted otherwise below, this Agreement is the entire Agreement between us. By using the Sites and the Products in any way, you are agreeing to comply with these Terms of Service, our Privacy Policy, our Cookie Policy, and any other legal notices or conditions or guidelines posted on or within the Products.

If you have questions regarding this Agreement or about trof, please contact us by email at support@trof.me, or at:

2 Westgate,
North Newbald,
York, England,
YO43 4SN.

If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by this Agreement, which apply in addition to them and do not replace them.

Our Company registration number is 12646500.

2. Purpose

Our objective is to link you to the restaurants, pubs or bars we partner with (“Vendors") and allow you to order Items for collection or table delivery. (our “Service”). Where you order from a Vendor, Trof acts as an agent on behalf of that Vendor to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by our Vendor or be able to collect from a location determined by the Vendor.

3. Your Account

Before you can place orders for Items using our Application, you need to open a Trof account. When you open an account you may create a password, or other securelogin method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our Application or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason).

4. Service Availability

Our Vendors each decide their own operating hours. That means that the availability of our Service, depends on the Vendors operating hours. If you try to order outside the operating hours of a Vendor, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. Orders

When you place an order through our Application, it needs to be accepted by us or the Vendor before it is confirmed. We will send you a notification if your order has been accepted(the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for any charges outlined at the point of checkout, and for complying with these Terms, even if you have ordered the Item for someone else.Some Vendors operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability. Vendors may use nuts or other allergens in the preparation of certain Items. Please contact our Vendor prior to ordering if you have an allergy. Trof cannot guarantee that any of the Items sold by our Vendors are free of allergens.

6. Your Rights if Something is Wrong With Your Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights,please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or partial refund in respect of the affected part of the Item.

Prior to processing your refund, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery or collection and information from the Vendor.

7. Age Restricted Products

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. The Vendor may refuse delivery or collection of any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Vendor may refuse to provide alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item.

8. Cancellation

You may cancel an order without charge at any time before the Vendor has started preparing the food (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact the Vendor immediately,in person. If the Vendor confirms the order was not a Started Order, we will refund your payment. If you cancel any order after it becomes a Started Order,you will be charged the full price for the Items.

Trofand the Vendor may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Vendor and we will reimburse you for any payment already made using the same method you used to pay for your order.

9. Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Trof may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Vendor. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.

The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.

Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Trof. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Trof acting as agent on behalf of the Vendor only. Payment may also be made by using vouchers or account credit. Use of these is subject to Trof's Voucher and Account Credit Terms.

We are authorised by our Vendors to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Vendor. In some cases, you can alternatively make your payment in cash directly to the Vendor by paying the driver at the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.

Vendors sometimes make special offers available through our Application. These are visible when you look at a Vendor menu. These offers are at the discretion of the Vendors. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

10. Donations

When you place an order, you will have the option to make a discretionary payment of a donation or gratuity to Trof in addition to the purchase price of the Items in your order. The Vendor will receive 100% of any discretionary payment youchoose to make.

11. Our Responsibility for Loss or Damage That You Suffer

We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.  

12. Data Protection

We process your personal data in accordance with our Privacy Policy which can be found here.

13. Other Terms

If either we or you have any right to enforce these Terms against the other, thatright will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.  If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by English law and you can bring legal proceedings in relation to our Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.

Terms Of Use For Website And Applications

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website trof.me(our "Site") orany application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.

1. Information About Us

Trof.meis a website operated by TROF LTD ("we", "us" or "Trof"),incorporated and registered in the England and Wales, whose registered office is at 2 Westgate, North Newbald, York, England, YO43 4SN. Our Company registration number is 12646500. Trof is a business where the food is prepared,provided, delivered, or made available for collection by independent restaurants (our "Vendors").

2. Accessing Our Service Or OurServices

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at anytime or for any period. From time to time, we may restrict access to some partsour Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@trof.me straight away to let us know. We can deactivate your account at anytime.

3. Acceptable Use

You may use our Service only for lawful purposes. You may not use our Site or ourService in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

4. Interactive Features Of Our Site

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5. Content Standards

These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.Contributions must not:

  • Contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexualorientation or age;
  • Infringe any copyright, database right or trademark of any other person;
  • Be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
  • Be threatening, abuse or invade another's privacy, or cause annoyance,inconvenience or needless anxiety or be likely to harass, upset, embarrass,alarm or annoy any other person;
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
  • Advocate,promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. Suspension And Termination

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

  • Immediate,temporary or permanent withdrawal of your right to use our Service;
  • Immediate,temporary or permanent removal of any posting or material uploaded by you to our Service;
  • Issuing of a warning to you;
  • Legal action against you including proceedings for reimbursement of all costs on an (including,but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

7. Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce,republish, download, post, broadcast, transmit, make available to the public,or otherwise use any content on our site in any way except for your own personal, non-commercial use.

8. Reliance On Information Posted

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

9. Our Site And Our Service Change Regularly

We aim to update our Site and our Service regularly, and may change the content at anytime. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

10. Our Liability

We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such contentor for any technical problems you may experience with our Site or our Service.If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site andany materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11. Information About You And Your Visits To Our Site And Use Of Our Service

Wecollect certain data about you as a result of you using our Service. This is described in more detail in our Privacy Policy.

12. Uploading Material To OurSite And Our Service

Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

13. Links From Our Site

Where our Site contains links to other sites and resources provided by third parties,these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Jurisdiction And Applicable Law

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16. Your Concerns

If you have any concerns about material which appears on our Service, please contact support@trof.me.

Trof Collection Terms of Service

This section (together with the documents referred to in it) tells you the terms(the “Terms”) which apply when you order any menu items(the "Items") from our trof.me website or mobile applications and related services (each referred to as an “Application”) to be collected by you from the relevant restaurant (each a “Collection Order”).

Please read these Terms carefully before placing any Collection Orders on our Application. If you have any questions relating to these Terms please contact support@trof.me before you place a Collection Order. If you are a consumer, you have certain legal rights when you order Items using our Application.You can find more information about these rights at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms, which apply in addition to the mand do not replace them.  By setting up your Trof account, you confirm that you accept these Terms.

1. Information About Us

Trof.me is a website operated by TROF LTD ("we", "us" or"Trof"), incorporated and registered in the England and Wales, whose registered office is at 2 Westgate, North Newbald, York, England, YO43 4SN. Our Company registration number is 12646500. You may contact us by emailing support@trof.me.

2. Purpose

Our objective is to link you to the restaurants we partner with (“Vendors")and allow you to order Items for collection (our “Service”). Where you order from a Vendor, Trof acts as an agent on behalf of that Vendor to conclude your Collection Order from our Application and to manage your experience throughout the order process. Once you have placed a Collection Order, you will be required to collect your Items directly from the Vendor at the location specified in the Application (the “Collection Location”).

3. Your Account

Before you can place Collection Orders using our Application, you need to open a Trof account. If you have a Trof account for delivery orders, you will use the same account for Collection Orders. If you open an account for Collection Orders,you will also use that account for delivery orders. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using yourpassword obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our Vendor staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with a Collection Order, by applying a credit to your registered credit card, or if that is not possible for any reason, byway of a bank transfer using bank details (provided you have supplied them tous).

4. Service Availability

Each Vendor has a prescribed area within which it can accept Collection Orders. Our Vendors each decide their own operating hours. If you try to place a Collection Order with a Vendor when you are not in the prescribed area for Collection Orders, oryou try to place a Collection Order outside the operating hours of a Vendor, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. Collection Orders

When you place a Collection Order through our Application, it needs to be accepted by us or the Vendor before it is confirmed. Your Collection Order may be rejected at any time.  Our Vendors may, for example, reject your Collection Order if they are too busy or the Items you have ordered are temporarily unavailable.   

We will send you a notification if your Collection Order has been accepted(the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account and for complying with these Terms, even if you have ordered the Item for someone else. Some Vendors operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.  

Vendors may use nuts or other allergens in the preparation of certain Items. Please contact our Vendor prior to ordering if you have an allergy. Trof cannot guarantee that any of the Items sold by our Vendors are free of allergens.

6. Collection

When you place a Collection Order which is accepted by the Vendor, the Vendor will notify you when the order is ready for collection. You will be required to collect your Items directly from the Vendor at the Collection Location. If you fail to collect your Items within 30 minutes, the Vendor may dispose of your Items. You will still be charged for the Item in the event you fail to pick-up your Item from the Vendor.

7. Your Rights if Something is Wrong With Your Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Collection Order. If you believe that the Items you have picked up do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide are fund or account credit in respect of the affected part of the Item, unless we have reasonable cause to believe that the problem was caused after pick-up.

Prior to processing your refund, we may take into account relevant factors including the details of the Collection Order, your account history, what happened on or immediately after collection and information from the Vendor.

8. Age Restricted Products

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons aged 18 or over. By placing a Collection Order for an age restricted product, you confirm that you are at least 18 years old. Trof operates the Challenge 25 age verification policy whereby customers who look younger than 25 years old will be asked by the Vendor to provide proof that they are aged 18 or over. Vendors may refuse to sell any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Vendors may also refuse to sell alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused,and the Vendor confirms to Trof that the relevant Item was not provided to you,Trof will process a refund for the relevant Item to the card from which you paid for your Collection Order. If you paid for your Collection Order in cashat the Vendor, the Vendor will process the refund for you.

9. Cancellation

You may cancel a Collection Order without charge at any time before the Vendor has started preparing the food (a "Started Order"). If you wish to cancel a Collection Order before it becomes a Started Order, please contact us immediately via our Application. If the Vendor confirms the Collection Order was not a Started Order, we will refund your payment. If you cancel any Collection Order after it becomes a Started Order, you will be charged the full price for the Items. 

Trofand the Vendor may notify you that a Collection Order has been cancelled at anytime. You will not be charged for any Collection Orders cancelled by us or the Vendor,and we will reimburse you for any payment already made using the same method you used to pay for your Collection Order. We may also apply credit to your account to reflect the inconvenience caused.

10. Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Trof may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Vendors. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Collection Orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any Collection Orders inprocess and appearing within your basket, provided you complete and place the Collection Order within 2 hours of creating the basket. If you do not conclude the Collection Order before the 2 hour cut-off, the items will be removed from your basket automatically and the price change will apply if you re-add the relevant items to your basket. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the Collection Order at the original price or cancelling the Collection Order without charge and with a full refund of any money already paid.

The total price of your Collection Order will be set out on the checkout page on our Application, including the prices of Items and applicable Service Fees and taxes.

We are authorised by our Vendors to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Vendor.Payment for all Items can be made on our Application by credit or debit card,or such other payment method made available by Trof. Once your Collection Order has been confirmed, your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Trof acting as agent on behalf of the Vendor only. Payment may also be made by using vouchers or account credit. Use of these is subject to Trof's Voucher and Account Credit Terms.

In some cases, you can alternatively make your payment in cash directly to the Vendor by paying the driver at the time of pick-up.  Where cash payment is possible, this will be made clear on our Application before you place your order. Otherwise, all payments for Collection Orders must be made on our Application by credit or debit card, or such other payment method made available by Trof.

Unless you are permitted to make your payment in cash directly to the Vendor (in which case you will pay for your Collection Order at the time of pick-up), you are not required to make any further payments when you pick-up your Collection Order from the relevant Vendor.  In the unlikely event that a Vendor requests additional payments from you on pick-up, do not make any such payment and contact us immediately through the Application. We have no liability for any payments you make to a Vendor when collecting your Collection Order.

Vendors sometimes make special offers available through our Application. These are visible when you look at a Vendor menu. These offers are at the discretion of the Vendors. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

11. Our Responsibility for Loss or Damage That You Suffer

We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen,for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.  

12. Data Protection

We process your personal data in accordance with our Privacy Policy which can be found here.

13. Other Terms

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waive their right to enforce it in any instance.  If a court or other authority decides that any part of these Terms is illegal or ineffective,the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by English law and you can bring legal proceedings in relation to ourService in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.

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