Vendor Terms & Conditions

Vendor Terms & Conditions

Effective Date: 02 Dec 16

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website and/or submit any material to our website, as a vendor, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website as a vendor; by using our website as a vendor or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

2.1 Copyright © 2016 Bare & Beyond (www.bareandbeyond.com).

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website; and

(d) upload products by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website to purchase products or as a vendor for business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website other than that related to your products.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our social media posts to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6. Buyer registration and accounts
7. Vendor registration and accounts

7.1 To be eligible for a vendor account on our website, you must be at least 18 years of age.

7.2 You may register for a vendor account with our website by clicking the “Register” button at the top right hand corner of the website and completing the form.

8. User login details

8.1 If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

9.2 You may cancel your account on our website using your account control panel on the website or emailing us on admin@bareandbeyond.com. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.

10. Vendor stores

10.1 If you register with our website as a vendor, you will be able to create your own store OR stores on the website.

10.2 Vendor stores that are submitted will be individually reviewed following submission.

10.3 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any vendor store that breaches these terms and conditions or that does not meet any additional guidelines for vendor stores published on our website.

10.4 If we permit the publication of a vendor store, it will remain published on our website indefinitely, subject to these terms and conditions.

11. Vendor listings

11.1 If you register with our website as a vendor and create a store on the website, you will be able to submit listings to the website.

11.2 Listings that are submitted will be individually reviewed following submission.

11.3 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

11.4 If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.

11.5 Listings submitted to our website must be true, fair, complete and accurate in all respects.

11.8 Listings submitted to our website must constitute bona fide listings relating to natural products.

11.9 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

11.10 You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.

11.11 You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.

12. Product rules

12.1 You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.

12.2 You must not advertise, buy, sell or supply through our website any product that:

(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 20; or

(c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

13. The buying and selling process

13.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:

(a) a buyer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;

(b) if the buyer is a new user, he or she can checkout as a guest or can create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details;

(c) once the buyer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to the applicable terms and conditions of sale;

(d) the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer's payment to our website; buyers must submit payment in full via credit or debit card;

(e) the website and/or the appointed payment service provider will then send to the buyer an automatically generated acknowledgement of payment;

(f) once the vendor has checked whether it is able to meet the buyer's order, the vendor will send to the buyer an order confirmation (at which point the order will become a binding contract between the vendor and the buyer or the vendor will confirm by email that it is unable to meet the buyer's order.

14. Terms and conditions of sale

14.1 Vendors must use the website interface to create legal notices applying to their relationships with customers.

14.2 A vendor must ensure that:

(a) the vendor’s legal notices are sufficient to meet the vendor's legal disclosure obligations and other legal obligations; and

(b) the vendor complies with all laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

14.3 Except to the extent that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law), the following provisions will be incorporated into the contract of sale and purchase between the buyer and the vendor:

(a) the price for a product will be as stated in the relevant product listing;

(b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing and/or terms per Section 14 above;

(c) deliveries of products must be made within 30 days following the date the contract of sale comes into force or such shorter period as the buyer and vendor may agree;

(d) appropriate means of delivery of products must be used by the vendor; and

(e) products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the vendor to the buyer.

14.4 If the vendor is a trader and the buyer is a consumer, the provisions of Section 15 shall be incorporated into the contract of sale and purchase between a buyer and a vendor.

14.5 Both buyers and vendors undertake to comply with the agreed terms and conditions of sale and purchase.

15. Distance contracts: cancellation right

15.1 This Section 15 applies if and only if the seller is a trader (a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

15.2 The buyer may withdraw an offer to enter into a contract with a vendor through our website or cancel a contract entered into with a vendor through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of the buyer's offer; and

(b) ending at the end of 14 days after the day on which the goods come into the buyer's physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer's physical possession or the physical possession of a period identified by the buyer to take possession of them).

15.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 15, the buyer must inform the vendor of the buyer's decision to withdraw or cancel (as the case may be). The buyer may inform the vendor by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the vendor using the cancellation form that we or the vendor will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

15.4 If the buyer cancels a contract on the basis described in this Section 15, the buyer must send the products back to the vendor (to the address specified by the vendor on our website) or hand them over to the vendor or a person authorised by the vendor to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the vendor of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.

15.5 If the buyer cancels an order in accordance with this Section 15, the buyer will receive from the vendor a full refund of the amount paid to the seller in respect of the order including the costs of delivery to the buyer, except:

(a) if the buyer chose a kind of delivery costing more than the least expensive kind of delivery that the vendor offers, the vendor reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the vendor offers; and

(b) as otherwise provided in this Section 15.

15.6 If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the vendor may recover that amount from the buyer up to the contract price. The vendor may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct to the vendor. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

15.7 The vendor will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

15.8 Unless the vendor has offered to collect the products, the vendor will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 15 within the period of 14 days after the day on which the vendor receives the returned products or (if earlier) after the day on which the buyer supplies to the vendor evidence of having sent the products back. If the vendor has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the vendor will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the vendor is informed of the withdrawal or cancellation.

15.9 The buyer will not have any right to cancel a contract as described in this Section 15 insofar as the contract relates to:

(a) the supply of goods which are liable to deteriorate or expire rapidly;

(b) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised;

(c) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer; and

(d) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

16. Marketplace fees

16.1 Marketplace vendors must pay to us the following amounts subject to :

(a) fees in respect of the creation of a vendor listing

(b) fees in respect of advertising; and

(d) commission in respect of each sale made through our website.

16.2 In respect of fees payable to us by vendors:

(a) the fees will be as specified on our website from time to time; and

(b) the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.

16.3 In respect of commission payable to us by vendors:

(a) commission shall be payable at the rate or rates specified on our website from time to time (excluding value added taxes, sales taxes and delivery charges);

(b) we shall deduct commission due from amounts held or processed by us on behalf of the vendor; and

(c) commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.

16.4 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

16.5 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

16.6 We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

17. Payments

17.1 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

17.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

17.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee GBP 25.00 including VAT; and

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 17.3 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 17.3.

17.4 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

17.5 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

18. Our role

18.1 You acknowledge that:

(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b) we do not check, audit or monitor the information contained in listings;

(c) we are not party to any contract for the sale or purchase of products advertised on the website;

(d) we are not involved in any transaction between a buyer and a vendor in any way, save that we facilitate a marketplace for buyers and vendors [ and process payments on behalf of sellers];

(e) we are not the agents for any buyer or vendor,

and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

18.2 The provisions of this Section 18 are subject to Section 23.1.

19. Your content: licence

19.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

19.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

19.3 You grant to us the right to sub-license the rights licensed under Section 19.2.

19.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 19.2.

19.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

19.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

19.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

20. Your content: rules

20.1 You warrant and represent that your content will comply with these terms and conditions.

20.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

20.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

20.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

20.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

20.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

21. Report abuse

21.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

21.2 You can let us know about any such material or activity by submitting an email to admin@bareandbeyond.com.

22. Limited warranties

22.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

22.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

22.3 To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

23. Limitations and exclusions of liability

23.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

23.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:

(a) are subject to Section 23.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

23.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

23.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

23.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

23.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions, this Section 23.6 shall not apply.

23.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions, this Section 23.7 shall not apply.

23.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

24. Indemnity

24.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of [your use of our website or any breach by you of any provision of these terms and conditions].

25. Breaches of these terms and conditions

25.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

25.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

26. Third party websites

26.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

26.2 We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

27. Trade marks

27.1 BARE & BEYOND, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

27.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

28. Variation

28.1 We may revise these terms and conditions from time to time.

28.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

28.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

29. Assignment

29.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

29.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

30. Severability

30.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

30.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

31. Third party rights

31.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

31.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

32. Entire agreement

32.1 Subject to Section 23.1, these terms and conditions, together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

33. Law and jurisdiction

33.1 These terms and conditions shall be governed by and construed in accordance with English law.

33.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

34. Statutory and regulatory disclosures

34.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions.

34.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

34.3 These terms and conditions are available in the English language only.

35. Our details

35.1 You can contact us:

(a) using our website contact form; or

(b) by email, using admin@bareandbeyond.com