Sofina Active Website Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT YOUR ORDER, ESPECIALLY 8(YOUR RIGHTS TO END THE CONTRACT), 9 (HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)), 10 (OUR RIGHTS TO END THE CONTRACT)AND 19 (OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU).
1.1 What these terms cover. These terms and conditions:
• are the terms and conditions on which on which we supply products to you on our website www.sofinaactive.com;
• tell you the rules for using our website; and
• set out the content standards that apply when you upload content to our website, make contact with other users on our website, link to our website, or interact with our website in any other way.
1.2 Why you should read them. Please read these terms carefully before you use our website and before you submit your order to us. If you do not agree to these terms, you must not use our website.These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or that they require any changes, please contact us to discuss.
1.3 There are other terms that may apply to you. The following terms also apply to your use of our website:
2. Information about us and how to contact us
2.1 Who we are. We are Sofina Active Limited a company registered in England and Wales with company number 13335715 and our registered office is at 6-7 Waterside Station Road, Harpenden, England, AL5 4US.
2.2 How to contact us. You can contact us by writing to our customer service team at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
TERMS AND CONDITIONS ON WHICH ON WHICH WE SUPPLY PRODUCTS TO YOU ON OUR WEBSITE
3.1 How we will accept your order. Our acceptance of your order for our products will take place when you receive an email confirming your order, at which point a contract will come into existence between us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that a device's display of colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to a product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change a product to reflect changes in relevant laws and regulatory requirements. Wherever possible we will try to avoid these changes having any affect your use of a product.
6.2 More significant changes to the products. In addition, we may make changes to the colour or style of a product (e.g. clothing) you have ordered, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Shipping costs. The costs of shipping will be as displayed to you on our website. You will pay the cost of shipping. If the products never arrive at the shipping address you gave us when placing your order, we will refund the shipping costs.
7.2 Additional charges. Any customs, duties or additional charges which apply to your order (if your order is delivered outside of the UK, for instance) will be your responsibility and are not included in the delivery costs.
7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are goods we will contact you with an estimated delivery date.
7.4 We are not responsible for delays outside our control. If our supply of any products is delayed by an event outside our control, then we will contact you to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you are not at home when the product is delivered. If no one is available at your shipping address to take a delivery and the product(s) cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further shipping costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract with you and paragraph 9 will apply.
7.7 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the shipping address you gave us.
7.8 When you own goods. You own a product once we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply products to you, e.g. your name, billing address, postal address. If so, this will have been stated on our website when you purchase the relevant products. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract with you. We will not be responsible for supplying products late or not supplying any part of a product if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 We may suspend the supply of products if you do not pay. If you do not pay us for products when you are supposed to or we have been unable to take payment for the products (see paragraph 13.4) we may suspend the supply of the relevant products until you have paid us the outstanding amounts.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see paragraph 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 8.2;
(c) If you have just changed your mind about purchasing the product, see paragraph 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
(d) In all other cases (if we are not at fault and there is no right to change your mind).
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for one of the specific reasons set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The specific reasons are:
(a) we have told you about an upcoming change to a product or these terms, which you do notagree to (see paragraph 7.2);
(b) we have told you about an error in the price or description of a product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
8.4 When you don't have the right to change your mind about purchasing the product. You do not have a right to change your mind in respect of:
(a) products sealed or packaged for health protection or hygiene purposes, once these havebeen opened; or
(b) products which you have used and/or worn (as opposed to tried on) e.g. clothing that you have exercised in.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought goods (for example, clothing such as leggings or a sports bra) you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using the details provided at paragraph 2.2 above.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You mustpost them back to the address provided at paragraph 2.1 above. Products should be returned in their original packaging, with any labels or tags still intact. If you are exercising your right to change your mind you must send us the goods within 14 days of telling us you wish to end the contract. Please contact customer services using the details provided at paragraph 2.2 above for a return label.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind)you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for any products including shipping costs, by the method you used to pay for the products. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercisingyour right to change your mind:
(a) We may reduce your refund of the price of the products (excluding shipping costs) to reflect any reduction in the value of the goods if this has been caused by your handling or using them in a way which would not be permitted in a shop. For example where products are not returned with labels or tags still intact, if tags have been removed then we may be unable to process a full refund. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund available for shipping costs will be the costs of shipping by the least expensive shipping method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper shipping option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, postal address; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the details provided at paragraph 2.2.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with these terms. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example our leggings or sports bras, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan ofyour product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also paragraph 8.3.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage.
12.1 Where to find the price for the product. The price of the product (which includes VAT (if applicable)) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT (if applicable). If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with all major credit and debit cardsand also any other payment method indicated on the site. When you must pay depends on what product you are buying. For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products.
RULES FOR USING OUR WEBSITE
13. You must keep your account details safe
14. How you may use material on our website
14.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.3 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged (except where the content is user-generated).
14.4 You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
14.5 If you print off, copy, download, share or repost any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. We are not responsible for websites we link to
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
16. We are not responsible for viruses and you must not introduce them
16.1 We do not guarantee that our website will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
16.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities bydisclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
17. Rules about linking to our website
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
17.2 We reserve the right to withdraw linking permission without notice.
17.3 The website in which you are linking must comply in all respects with paragraphs 23 to 27 of these terms (Content Standards).
17.4 If you wish to link to or make any use of content on our website other than that set out above, please contact us using the details provided at paragraph 2.2 above.
18. Our trade marks are registered
“SOFINA ACTIVE" is a UK registered trade mark. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under How you may use material on our website.
19. Our responsibility for loss or damage suffered by you
19.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to any product including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
19.3 We are not liable for business losses. We only supply our website and the products for domestic and private use. You agree not to use our website for any commercial or business purposes. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20. How we may use your personal information
USER GENERATED CONTENT AND CONTENT STANDARDS
21. User-generated content is not approved by us
21.1 This website may include information and materials uploaded by other users of the site, including customer reviews. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
21.2 How to complain about content uploaded by other users. If you wish to complain about content uploaded by other users, please contact us using the details provided at paragraph 2.2 above.
22. Uploading content to our website
22.1 Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the Content Standards.
22.2 You promise that any such contribution does comply with those standards, and you will be liable to us and compensate us for any breach of that promise. This means you will be responsible for any loss or damage we suffer as a result of your breach of promise.
22.3 Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
22.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
22.5 We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the Content Standards.
22.6 You are solely responsible for securing and backing up your content.
22.7 We do not store terrorist content.
23. Prohibited Uses
23.1 You may not use our website:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To upload terrorist content.
23.2 You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these terms.
• Not to access without authority, interfere with, damage or disrupt: any part of our website; any equipment or network on which our website is stored; any software used in the provision of our website; or any equipment or network or software owned or used by any third party.
24. Interactive Services
24.1 We may from time to time provide interactive services or functionalities through which website users may be able to communicate with each other on our website, including, without limitation customer reviews (interactive services.)
24.2 Where we do provide any interactive service, we will:
(a) provide clear information to you about the kind of service offered if it is moderated and what form of moderation is used (including whether it is human or technical).
(b) do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
24.3 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
24.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
25. Content standards
25.1 The Content Standards apply to any and all material which you contribute to our website(Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches the Content Standards.
25.2 A Contribution must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.
25.3 A Contribution must not:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Sofina Active Limited if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• 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.
• Contain any advertising or promote any services or web links to other sites.
26. Breach Of This Policy
26.1 When we consider that a breach the Content Standards has occurred, we may take such action as we deem appropriate.
26.2 Failure to comply with the Content Standards constitutes a material breach of these terms (upon which you are permitted to use our website), and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our website.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our website.
• 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.
27. Rights You Are Giving Us To Use Material You Upload
27.1 When you upload or post content to our website, you grant us the following rights to use that content:
(a) a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
(b) a worldwide, non-exclusive, royalty-free, transferable licence for partners or advertisers to use the content for their purposes forever.
(c) a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content in accordance with the functionality of the site forever.
OTHER IMPORTANT TERMS
28. Other important terms
28.1 We may change these terms. We may need to change these terms to reflect changes in law or best practice or to deal with additional products which we introduce. Where such changes are material we will try to give you at least 30 days’ notice of any change by sending you an email with details of the change.
28.2 We may make changes to our website. We may update and change our website from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
28.3 We may suspend or withdraw our website. Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
28.4 We may transfer this agreement to someone else. We may transfer our rights and/or obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
28.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
28.6 Nobody else has any rights under these terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
28.7 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
28.8 Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
28.9 Which laws apply to these terms and where you may bring legal proceedings. Except where otherwise required by mandatory law or consumer protection legislation these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.