Terms & Conditions

The terms and conditions on this page (the "Terms") together with the pages and documents referred to on it tells you information about us and the terms and conditions on which we supply any of the products ("Products") listed in the POP PICS app ("our app") or on the POP PICS website http://www.pop-pics.com ("our site") to you. Please read these Terms carefully before ordering any Products through our app or using our site. You should understand that by ordering any Products through our app or using our site, you agree to be bound by these Terms and any other documents expressly referred to in them.

Please click on the button marked "I Accept" at the end of Products ordering process before you make your payment if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any of the Products through our app. By using our app to order Products, you indicate that you accept these Terms as applying to your order for any of the Products from our app and that you agree to be bound by them.

We amend these Terms from time to time as set out in clause 29. Every time you wish to order Products from our app or use our site, please check these Terms to ensure you understand the terms which will apply at that time. You should print a copy of these Terms or save them to your computer or other device at the time of order for your future reference.

Here are the meanings of some of the abbreviations and specific terms we will use.

"Consumer" has the meaning given in clause 13.

"Content" has the meaning given in clause 8.

"Contract" has the meaning given in clause 14.

"Dispatch Confirmation" has the meaning given in clause 14.

"Force Majeure Event" has the meaning given in clause 25.

"our app" means the POP PICS app.

"our site" means the POP PICS website http://www.pop-pics.com.

"Products" means any of the products listed in our app or on our site.

"Representation" has the meaning given in clause 28.

"Rules" has the meaning given in clause 8.

"Terms" means these Terms and Conditions."Terms of Use" means the terms of use of our app and/or our site which can be found at http://pop-pics.com/terms-of-use

"we/us" means FUJIFILM UK Limited.

"you" means the individual using our app and/or our site.

1. Information about us

The POP PICS app and the POP PICS website are operated by FUJIFILM UK Limited ("we/us") and POP PICS is a trading name of FUJIFILM UK Limited as well as a trademark of FUJIFILM Corporation and/or its subsidiaries. We are registered in England and Wales under company number 01264514 and our registered office is at St Martins Business Centre, St Martins Way, Bedford, MK42 0LF. Our main trading address is Unit 10, St Martins Business Centre, St Martins Way, Bedford, MK42 0LF. Our VAT number is GB 234797335.To contact us please email [email protected]

2. Description of services

2.1 The POP PICS app provides users with the ability to use their mobile/smartphone gallery stored images to create photographic prints and the POP PICS website provides users with information regarding the POP PICS app.

2.2 Our app and/or our site may in due course provide users with access to a collection of on-line resources, including images. Unless stated otherwise, any new features that are added are automatically subject to these Terms and the Terms of Use. You acknowledge and agree that such services are provided "as is" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

3. Our products

3.1 The images of the Products in our app and/or on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours displayed on your computer, tablet, mobile or other device accurately reflect the colour of the Products. Your Products may vary slightly from those images.

3.2 The packaging of the Products may vary from that shown on images in our app and/or on our site.

3.3 All Products shown in our app and/or on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

4. Your obligations and supervising children

4.1 You agree that when using our app and/or our site that you will:

4.1.1 comply with your obligations under these Terms and our Terms of Use available at  http://www.pop-pics.com/terms-of-use

4.1.2 provide true, accurate, current and complete information about you as prompted by the guest checkout form on our app.

4.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your purchase and refuse any and all current or future use of the services we provide on our app and/or our site (in whole or in part).

4.3 We are concerned about the safety and privacy of all users of our app and/or our site, particularly children. For this reason, parents who wish to allow their children access to the services we provide on our app and/or our site should supervise their access to such services. By allowing your child access to such services, you accept that they will be able to access all of such services. Please remember that these services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of such services and/or Content are appropriate for your child. You should make your children aware of the potential risks to them and their obligation to comply with our Terms of Use and these Terms when using our app and/or our site and such services.

5. Privacy policy

You agree that any personally identifiable information you provide to us in connection with your use of our app and/or our site may be dealt with by us in accordance with the terms specified in our Privacy Policy. For more information, please see our full privacy policy at http://pop-pics.com/privacy-policy

6. Service availability

Our app and our site are only intended for use by people resident in the United Kingdom or in certain other countries in the European Union (for list of countries see here). Residents in other countries in the European Union can use our app and our site but should note that orders will only be delivered to addresses in the countries listed. We do not accept orders from countries outside the European Union.

7. Use of our services

7.1 You may upload digital images to our app yourself. Images uploaded to our app must be digital images in JPEG format. You are not able to upload images to our site. 

7.2 Images uploaded by you will (subject to the restrictions in these Terms) only be available for viewing by you in our app.

7.3 You will not use our app and/or our site (or to copy or use any material from our app and/or our site) for any commercial purpose other than to conduct a commercial transaction with us.

8. Conduct and uploaded content and images

8.1 Whenever you make use of a feature that allows you to upload material to our app and/or our site, you must comply with the content standards set out in these Terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

8.2 You acknowledge that you and not POP PICS are entirely responsible for all information, data, text, photographs, graphics, messages and other materials ("Content") that you upload to our app and/or our site. POP PICS does not control the Content uploaded to our app and/or our site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will POP PICS be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content emailed or otherwise transmitted using our app and/or our site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8.3 We have the right to disclose, to the extent permissible by law, your identity to any third party who is claiming that any Content uploaded by you using our app and/or our site constitutes a breach of their intellectual property rights, or of their right to privacy.

8.4 You agree to not use our app and/or our site to do any of the following (collectively referred to as the "Rules"):

• Upload or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

• Harm children in any way.

• Impersonate any person or entity, including, a POP PICS member of staff, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted using our app and/or our site.

• Upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as "inside information", proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

• Upload or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

• Upload or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

• Upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of our app and/or our site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

• Interfere with or disrupt our app and/or our site or servers or networks connected to our app and/or our site, or disobey any requirements, procedures, policies or regulations of networks connected to our app and/or our site.

• Harass another member; or extract, collect, process, combine or store personal data about other users.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.

• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

8.5 We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our app and/or our site including the uploading of any images to our app in breach of the above restrictions on Content. We may provide copies of any relevant Content to law enforcement authorities and in that connection may also give them access to any personal data that is held by us to the extent permissible by law.

8.6 We may without notice and at our sole discretion delete or remove any Content that has been uploaded in breach of these Terms.

8.7 We may refuse to provide any further services to anyone who breaches these Terms.

8.8 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

8.8.1 any use by you or of our app or our site in breach of these Terms;

8.8.2 any claim that the uploading of any images to our app by you or on your behalf is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights; or

8.8.3 any claim that the processing, printing or other dealing by us of any images uploaded by you to our app is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights.

8.9 We expressly exclude our liability for any loss or damage arising from the use of our app and/or our site by any person in contravention of the Rules.

8.10 You agree that we may access, preserve, and disclose your information and Content:

• to our affiliated companies worldwide for the purpose of providing the services to you in an efficient manner;

• for the purpose of properly administering your use of our services in accordance with the standard operating procedures of POP PICS; and

• if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
• comply with legal process;
• enforce these terms of use;
• respond to claims that any Content violates the rights of third parties;
• respond to your requests for customer service; or
• protect the rights, property, or personal safety of POP PICS, users of our app and/or our site and the public.

9. Breach of the rules

9.1 When we consider that a breach of the Rules has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with the Rules constitutes a material breach of these 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 the services we provide on our app and/or our site.

• Immediate, temporary or permanent removal of any Content.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

9.2 We exclude our liability for all action we may take in response to breaches of the Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

10. Rights

10.1 Subject to the licence and similar rights granted to us and others under these Terms and/or the Terms of Use, you retain all intellectual property rights, including copyright, in those images that you have uploaded to our app where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our app and/or our site.

10.2 We may delete, remove or refuse to display any material at our sole discretion.

10.3 We may display, modify, print, transmit or distribute any of the images that you upload, in order to provide any of the services and Products offered by us through our app and/or our site subject to these Terms.

10.4 It is a condition of allowing you to use our app and/or our site and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our app and to allow us to process and otherwise deal with those images in accordance with these Terms.

10.5 You may not upload any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these Terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

11. Operation of our app and site

11.1 We may change the format and content of our app and/or our site (or any Products or services offered by our app and/or our site) at any time.

11.2 We may terminate or suspend the operation of our app and/or our site (or terminate or suspend provision of any Products or services offered through our app and/or our site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

11.3 You are advised to keep backups of all Content provided to us. In particular, it is up to you to keep backup copies of images uploaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our app and/or our site.

12. Termination

12.1 You agree that we, in our sole discretion, may terminate your use of the services we provide on our app and/or our site, and remove and discard any Content within such services, for any reason including, without limitation, if we believe that you have breached or acted inconsistently with the letter or spirit of these Terms. We may also, in our sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.

12.2 You agree that any termination of your access to such services under any provision of these Terms may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to such services.

13. Your status

Due to the nature of the services provided, our app is guest checkout only and there is no ability to create an account. By placing an order through our app, you warrant that:

13.1 you are or the entity you have been authorised to represent is legally capable of entering into binding contracts; and

13.2 if you are a consumer as defined in Regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) ("Consumer"), you are at least 18 years old.

13.3 you are a resident of the United Kingdom or of a country elsewhere in the European Union.

14. How the contract is formed between you and us

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and order payment and confirming your order number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product that you have created in our app using the tools within our app. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.

14.2 We reserve the right at any time after the receipt of your order to accept or decline your order for any reason, in which case we will e-mail you as soon as we can to let you know. If we decline your offer on security grounds we may contact you to seek an alternative payment method.

14.3 The Contract will relate only to those Products whose dispatch or availability for collection we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

14.4 Full payment for all orders of Products and all applicable delivery costs is taken at the time of ordering. 

15. Consumer rights

15.1 If you are a Consumer you may have a general legal right to cancel a contract; however as this right does not apply to Contracts for the supply of Products which are customised and unique to you, you can only cancel an order by sending an email to [email protected] within 1 hour of receiving your order confirmation email.

15.2 You will receive a full refund of the price paid for Products in accordance with our refunds policy at clause 18, if Products are damaged in transit. As we do not store your orders in our app we cannot remake your Product. Therefore if Products are damaged in transit you will need to create and submit your order again in our app. You may wish to wait until your refund is confirmed before doing this. 

16. Availability and delivery

16.1 Your order will be fulfilled by the estimated delivery/collection date set out in the Dispatch Confirmation, unless there is a Force Majeure Event. If we are unable to meet the estimated delivery date because of a Force Majeure Event, we will contact you by email with a revised estimated delivery date.

16.2 We may deliver Products in instalments. Each instalment will be a separate Contract.

16.3 Delivery is only made to addresses in the UK or, at an additional cost, to addresses in those countries in the European Union to which we deliver (for list of countries see here). We regret we are unable to deliver to BFPO addresses.

16.4 While we endeavour to hold sufficient raw material stock to produce all orders, if we have insufficient stock to produce or deliver Products which have been ordered and paid for by you, we will refund you the price paid for such Products as soon as possible and in any case within 30 days.

16.5 We may decline to deliver Products to your requested delivery address if we believe it would be unsafe, unlawful or unreasonably difficult to do so and we may suspend any delivery (and charge you all costs we incur as a result including storage) until your premises are satisfactory for delivery.

16.6 We reserve the right to cancel any accepted order prior to delivery, at our discretion (whether or not your debit/credit card has already been charged), in case of any material errors in connection with your order or your failure to comply with these Terms or any other terms relevant to your order. If your payment has already been made and your order is cancelled by us, we will immediately upon confirmation issue an appropriate refund.

16.7 If you are not a Consumer, delivery takes place either:

16.7.1 upon completion of loading at our premises; or

16.7.2 upon completion of off-loading at your premises (if we are arranging carriage).

16.8 If you are a Consumer, delivery will be completed when:

16.8.1 we deliver the Products to the address you gave us; or

16.8.2 if no one is available at your address to take delivery, when the delivery agent or shipper leaves a note that the Products have been stored at a local collection point (for example in the UK this may be a Post Office or Royal Mail depot), in which case you can collect or rearrange delivery.

16.9 You must inspect Products on receipt. If Products are damaged (or not delivered) you must follow the refund procedure in clause 18.

17. Price and payment

17.1 The price of any Products will be as quoted in our app or on our site from time to time, except in cases of obvious error.

17.2 These prices include UK VAT (charged at the rate applying at the time of delivery) and include delivery costs to UK addresses. Residents outside of the UK in a country in the European Union to which we deliver will be subject to a delivery charge. This is dependent on the location in the European Union to which the Product is to be delivered. For details of those countries in the European Union to which we deliver and our delivery charges for those countries please click here. If you are resident in a country in the European Union to which we do not deliver, you can still order Products but must specify a delivery address in a country to which we do deliver.  The delivery charge will be added in the checkout process.

17.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

17.4 Our app may contain, from time to time, a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in our app may be incorrectly priced. We will normally verify prices as part of our dispatch procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or making it available for collection. If a Product's correct price is higher than the price stated in our app, we will normally, at our discretion, either contact you by email for instructions before dispatching the Product or making it available for collection, or reject your order and notify you of such rejection.

17.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

17.6 If the price of the Product you buy is lowered in our app within seven (7) days of the date of your purchase, we will honour the new price and credit the difference. To obtain your credit, please send an email to [email protected], including your name, address and order number. Please note:

17.6.1 Requests for price adjustments must be made within thirty (30) days of the date of payment.

17.6.2 We will honour only one price adjustment per item.

17.6.3 Products purchased using a promotion code are not eligible for price adjustments.

17.7 Payment for all Products must be made on placing an order through our payment provider, Stripe. We accept payment by all the major credit or debit cards that Stripe accept.

17.8 We take security and customer service very seriously and have implemented a fully hosted payment solution provided by Stripe in order to protect your credit or debit card details.

17.9 Stripe is compliant to the highest level (level 1) of the PCI-DSS (Payment Card Industries Data Security Standard). Stripe collects and processes card details on its system at the time of order. Stripe stores card details for a period in order for us to issue refunds etc. Our employees have no access to any sensitive customer information, including card details held within the Stripe systems. Our employees use reference numbers, supplied to us by Stripe at the time of order, to conduct any refunds or cancellations.

17.10 We do not, at any time, store or transmit any sensitive card details.

17.11 When you send us your personal information, the links between our app and our site and our server are encrypted using industry standard methods - usually referred to as SSL (128 bit encryption).

17.12 You will indemnify us on demand in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Terms.

18. Our refunds policy

18.1 Refunds are only accepted for manufacturing faults and defects and/or transit damage.

18.2 Because of the customised nature of the Products where you will be using your own images, text and designs, we are not able to resell or restock these Products. Therefore refunds are not accepted for Products where the customer has changed their mind or no longer requires the Product they have ordered, customer errors including poor image quality, poor placement of images and/or blank pages within or on the surfaces of Products, spelling mistakes on Products where text creation is allowed, or where only the outer packaging is damaged from transit but the Product itself is undamaged.

18.3 We will accept the return of the Products from you only:

18.3.1 by prior arrangement (confirmed in writing to [email protected] by email with a confirmed claims number);

18.3.2 with the original packaging materials.

18.3.3 in accordance with any other instructions provided by us on delivery/collection.

18.4 When you return a Product to us:

18.4.1 We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we have received the returned items. In this case, we will refund the price of the Product in full, including any applicable cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

18.4.2 In respect of Products returned by you because of a manufacturing fault or defect we will refund in full, including a refund of any applicable delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

18.4.3 We will usually refund any money received from you using the same method used by you to pay for your purchase.

18.4.4 We may charge a reasonable fee to you for examining the returned Products but we will waive that fee if the Products are found to be defective.

18.5 You have a legal obligation to take reasonable care of Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

19. Warranties

19.1 We warrant that we will perform production with reasonable skill and care.

19.2 We warrant that Products will:

19.2.1 materially comply with their description in our app; and

19.2.2 be free from material defect at the time of delivery.

19.3 Our warranty does not cover:

19.3.1 improper use of Products or modification without our written authority; or

19.3.2 degradation or malfunctions from abnormal environmental causes and poor storage (for example overly damp, hot or cold environments, extremes of humidity).

20. Our liability

20.1 Nothing in the Contract shall limit or exclude in any way our liability for:

20.1.1 death or personal injury caused by our negligence;

20.1.2 fraud or fraudulent misrepresentation; or

20.1.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

20.1.4 for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

If you are a Consumer, nothing in the Contract shall limit or exclude in any way our liability for any breach of the terms implied by the Consumer Rights Act 2015.

20.2 Subject to clause 20.1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:

20.2.1 loss of income or revenue;

20.2.2 loss of business;

20.2.3 loss of profits or contracts;

20.2.4 loss of anticipated savings;

20.2.5 loss of data;

20.2.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; or

20.2.7 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, even if we have been advised of the possibility of such damages or losses.

If you are a Consumer clause 20.2 will only apply to limit our liability to you where you use the Products for any commercial, business or re-sale purpose.

20.3 Subject to paragraph 20.1 above, if we fail to comply with these Terms, we shall only be liable to you for the purchase price of the Product and, subject to paragraph 20.2 above, any other losses or damage that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

21. Disposal of waste products

In line with our company policies on sustainability and environmental responsibility we ask that you carefully dispose of all packaging supplied with our Products.

22. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our app and/or our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our app via SMS and/or push notifications, and/or our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

23. Notices

Unless you are a Consumer, all notices given by you to us must be given in writing to The POP PICS Team, PO Box 1524, Bedford, MK42 5DD or by e-mail to [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

24. Transfer or rights and obligations

24.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

24.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

24.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

25. Events outside our control

25.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Event Outside Our Control").

25.2 An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

25.2.1 strikes, lock-outs or other industrial action;

25.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

25.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

25.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

25.2.5 impossibility of the use of public or private telecommunications networks; or

25.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

25.3 Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

26. Waiver

No failure or delay by either party to exercise any right or remedy provided under these Terms or any Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

27. Severability

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

28. Entire agreement

28.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

28.2 A person who is not a party to the Contract shall not have any rights under or in connection with it.

28.3 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to that Contract or not) other than as expressly set out in these Terms.

28.4 All brochures, catalogues, websites and other promotional materials are to be treated as illustrative only and do not form part of any Contract between us.

28.5 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

28.6 Nothing in this clause shall limit or exclude any liability for fraud.

29. Our rights to vary these terms

29.1 We have the right to revise and amend these Terms from time to time.

29.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

30. Law and jurisdiction

Contracts for the purchase of Products through our app 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) will be governed by English law unless you are a consumer in a country outside the United Kingdom to which we deliver in which case the laws in the country to which you request delivery shall apply. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you are a consumer in a country outside the United Kingdom to which we deliver in which case the courts in the country to which you request delivery shall have jurisdiction.