12.1 Subject to clause 12.3, if we fail to comply with these Terms, we shall only
be liable to you for the purchase price of the Products and, subject to clause 12.1,
any losses 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 direct losses that are a foreseeable consequence of such failure. Subject
to clause 12.3, our liability to you shall not exceed the value of the Products
12.2 Subject to clause 12.3, we will not be liable for losses that result from our
failure to comply with these Terms that fall into the following categories even
if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.1 will not prevent claims for loss of or damage to your
physical property that are foreseeable or any other claims for direct loss that
are not excluded by categories (a) to (f) inclusive of this clause 12.1.
12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act
1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt
to exclude our liability.
12.4 Where you buy any Product from a third party seller through our site, the seller's
individual liability will be set out in the seller's terms and conditions.
12.5 Your use of our site and its content grants no rights to you in relation to
any copyright, designs, trademarks and all other intellectual property and material
rights relating to any graphics, photographs, including all image rights, sounds,
music, video, audio or text on our site (Content), including software and all HTML
and other code contained in our site (IPR). All Content including third party trademarks,
designs, and related intellectual property rights mentioned or displayed on our
site is protected by national intellectual property and other laws and international
treaty provisions. You are permitted to use the Content only as expressly authorised
by us and/or our third party licensors. Any reproduction or redistribution of Content
is prohibited and may result in civil and criminal penalties. Copying and use of
Content to any other server, location or support for publication, reproduction or
distribution is expressly prohibited. However, you are permitted to make one copy
for the purposes of viewing Content for your own personal use.
12.6 Whilst we try to ensure that the information on our site is accurate and complete
we do not make any promise that our site, or its functional aspects, or its Content
will be error free or any of them or the server that makes them available are free
of viruses or other harmful components. We always recommend that all users of the
Internet ensure they have up to date virus checking software installed.
12.7 The personal opinions of the designers and labels whose products we sell, or
any third parties with whom we are associated are their own and do not necessarily
reflect the our views and we do not accept any responsibility for any such views
expressed in any media.