Terms & Conditions
1.1This website is owned and operated by Novi.digital. trading as Comparemyshopping. Our company information is at the end of this document.
1.2Please read these terms and conditions carefully. They cancel and replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
1.3These terms and conditions apply to use of our website. The sale of goods via our website is subject to comparemyshopping Customer Terms. Selling on comparemyshopping is subject to comparemyshopping Seller Terms.
1.4Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
2Changes To The Terms And Conditions
2.1We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
3Acceptable Use Policy
3.1You agree that you will not in connection with our website:
3.1.1breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
3.1.2publish or send any information (including links or references to other content), or otherwise behave in a manner, which:
22.214.171.124is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
126.96.36.199infringes any intellectual property or other rights of others;
188.8.131.52involves phishing or scamming or similar; or
184.108.40.206we otherwise reasonably consider to be inappropriate;
3.1.3publish or send any information which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
3.1.4impersonate any person or entity for the purpose of misleading others;
3.1.5sell access to our website;
3.1.6use our website to provide a similar service to third parties or otherwise with a view to competing with us;
3.1.7sell advertising, sponsorship or promotions on or in connection with content except where explicitly authorized by us;
3.1.8use our website for junk mail, spam, pyramid or similar or fraudulent schemes;
3.1.9do anything which may have the effect of disrupting our website including worms, viruses, software bombs or mass mailings;
3.1.10do anything which may negatively affect other users’ enjoyment of our website;
3.1.11gain unauthorised access to any part of our website or equipment used to provide our website;
3.1.12use any automated means to interact with our systems excluding public search engines; or
3.1.13attempt, encourage or assist any of the above.
4.1You acknowledge that any information published or sent on or via our service by other users is the sole responsibility of the person from whom such content originated and we are not responsible for it.
4.2We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
4.3We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities or to a complainant any content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.
6Functioning Of Our Website
6.1We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason and to make changes to our website.
7.1If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
7.2We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein.
8Intellectual Property Rights
8.1All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
8.2Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
8.3You license (i.e. permit) us to use your content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails.
9Third Party Websites / Advertising / Services
9.1We may link to third party websites which may be of interest to you and/or include third party advertising on our site and/or use third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.
10.1Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
10.2You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
10.3.1there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
10.3.2such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
10.3.3such loss or damage is caused by you, for example by not complying with this agreement; or
10.3.4such loss or damage relates to a business.
10.4If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
10.5The following clauses apply only if you are a business:
10.5.1In no event (including our own negligence) will we be liable for any:
10.5.1.1economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
10.5.1.2loss of goodwill or reputation;
10.5.1.3special, indirect or consequential losses; or
10.5.1.4damage to or loss of data
(even if we have been advised of the possibility of such losses).
10.5.2You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
10.5.3To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
11.1These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
12.1We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
13.1If you have any complaints, please contact us via the contact details shown below.
14.1Company name: novi.digital Ltd.
14.2Country of incorporation: England and Wales.
14.3Registered number: 07526752
14.4Registered office: Sutcliffe Accountants Ltd, 9 Low Mill, Caton, Lancaster, LA2 9HY
14.5Main trading address: Infolab 21, Lancaster University, Bailrigg, LA1 4WA
14.6Other contact information: See our website.
14.7VAT number: GB 110 5250 76
novi.digital Ltd. owns CompareMyShopping.com and operates the CompareMyShopping website. novi.digital Ltd. is a company registered in England and Wales under company number 07526752 and with its registered office at Sutcliffe Accountants Ltd, 9 Low Mill, Caton, Lancaster, LA2 9HY. To contact us, please see our Contact CompareMyShopping page.
The Site is a marketplace for independent third-party sellers (each a Seller with their own shop (“Seller Shop”)) to sell Products to you.
Please note that although Comparemyshopping provides the marketplace to help facilitate transactions, which are carried out through the Site, Comparemyshopping is neither a buyer nor a seller of the Products. Therefore, we recommend that before placing an order you make sure that you are happy with the Terms and the Seller you are dealing with as we cannot give any guarantee or warranty as to the Products supplied by the Seller.
Should you proceed to purchase a Product through the Site the contract is formed solely between you and the Seller (Contract). Comparemyshopping is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is Comparemyshopping acting as the Seller’s agent. Therefore, the Terms set out below apply to the Contract between you and the Seller and references in the Terms to “we”, “us” and “our” shall relate to the Seller.
A Contract will comprise of these Terms (and any other documents referred to therein), and the information on the Seller Shop page.
The Terms (and the documents referred to in them) may be updated from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 28th August 2019.
Terms of Contract with Seller
These Terms will apply to any Contract between you and the Seller for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that before placing an order you will be asked to agree to these Terms by checking the tick box before submitting your order. If you refuse to accept these Terms, you will not be able to order any Products from the Site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any Contract between you and the Seller, are only in the English language.
1Information About Sellers
Information on each Seller including the company name, company number, registered office and, where applicable, the trading address and VAT number are available on the Seller Shop page.
2.1The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site have a 5% disparity.
2.3The packaging of the Products may vary from that shown on images on the Site.
2.4All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will process a refund of the full amount to your payment card as soon as practicably possible.
3Use Of This Site
3.1Your use of the Site is governed by Comparemyshopping Terms of Website Use. Please take the time to read this document as it includes important terms which apply to you.
3.2In particular, you agree:
3.2.1to post or publish feedback on Sellers or Products which is honest, fair and factual; and
3.2.2to refrain from posting or publishing any content or materials which are libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way
3.3Due to the volume of Seller and Products on the Site we are unable to review all comments given in the feedback sections. Therefore, we ask you to let us know of any defamatory, illegal or offensive posts immediately by contacting us via email at [email protected] We will then review these and take the appropriate action.
3.4You acknowledge and accept that your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in your access to the Site being blocked.
4How We Use Your Personal Information
5If You Are A Consumer
This clause 5 only applies if you are a consumer.
5.1As a consumer, you may only purchase Products from the Site if you are at least 18 years old.
5.2Certain Products on the Site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through the Site. These Products are:
5.2.1Tobacco products and any substitute for tobacco – minimum age: 18;
5.2.2Spirits and other alcohol – minimum age: 18;
5.2.3Fireworks – minimum age: 18;
5.2.4Knives – minimum age: 18;
5.2.5E-cigarettes, vapes, e-liquids, vape refills and any paraphernalia – minimum age: 18;
5.2.6Glues and solvents – minimum age: 18;
5.2.7Butane lighter refills – minimum age: 18; and
5.2.8DVD and computer games – minimum age as detailed on the packaging.
5.3You acknowledge and accept that we may perform proof of age checks when you make an order for a Product. Please note that in proceeding to order a Product through the Site, you consent to these checks being carried out. If you do not consent to these checks being carried out, you should not order Products through the Site.
5.4As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6If You Are A Business Customer
This clause 6 only applies if you are a business.
6.1If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
6.2These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7How The Contract Is Formed Between You And Us
7.1For the steps you need to take to place an order on the Site, please see About Us.
7.2Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
7.3After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.5. Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you at any time before we dispatch the Product(s) to you.
7.4Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you within 30 (thirty) minutes of placing the order. Thereafter, a Cancellation request will be sent to the Seller for review. The Cancellation is at the Seller’s discretion – there is no guarantee that your order will be cancelled.
7.5The Contract between us will only be formed when we dispatch your Product(s) to you.
7.6If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on the Site as referred to in clause 12.5), we will inform you of this by e-mail and we will process a refund of the full amount to your payment method as soon as practicably possible.
8 Comparemyshopping’s Right To Vary These Terms
8.1These Terms may be updated from time to time in the following circumstances:
8.1.1changes in how we accept payment from you; and
8.1.2changes in relevant laws and regulatory requirements.
8.2Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating on the Site that these Terms have been amended.
9Your Consumer Right Of Return And Refund
This clause 9 only applies if you are a consumer.
9.1As a consumer, you have legal rights in relation to Products that are faulty, of poor quality or not as described under the Consumer Rights Act 2015. As such, Product(s) must be:
9.1.1Of satisfactory quality – i.e. not faulty or damaged;
9.1.2Fit for purpose – the Product(s) should be suited to the purpose they are supplied for;
9.1.3As described – the Product(s) must match the given description.
9.2You have a legal right to cancel a Contract under the Consumer Contracts Regulations during the period set out below in clause 9.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.3However, this cancellation right does not apply in the case of:
9.3.1any products made to your specification, clearly personalised, custom-made or commissioned in any way;
9.3.2newspapers, periodicals or magazines;
9.3.3perishable goods, including but not limited to food, drink or fresh flowers;
9.3.4software, DVDs or CDs which have a security seal which you have opened or unsealed.
9.4Your legal right to cancel a Contract starts from the date on which we dispatch the Product(s) to you, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 30 (thirty) working days in which you may cancel, starting from the day after the day you receive the Product(s).
9.5To cancel a Contract, please log in to your customer account (“Customer Account”) here: Customer Account Login, find the order from the list of recent orders, locate the specific product(s) and select the cancel option to begin the process. Your cancellation is effective from the date you submitted the cancellation through the system on the Site.
9.6You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4 provided that we receive the returned Product(s) in the condition you received them/it in. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.7If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.8We will refund you via the payment method used by you to pay within 14 days of you requesting the refund through the online system, provided that where you are due to return the Product(s) to us, you have done so within 14 days of the Seller requesting that you do so.
9.9If the Products were delivered to you:
9.9.1you must return the Products to us as soon as reasonably practicable. If the Products require collection, we may arrange to collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
9.9.2unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. Where a collection is possible, we will confirm the charges for a collection of the Products before arranging a collection with you;
9.9.3you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.10Details of your legal right to cancel and an explanation of how to exercise it are set out in clauses 9.1 and 9.4.
9.11As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we may contact you with a revised estimated delivery date.
10.2Delivery will be completed when we deliver the Products to the address you gave us.
10.3The Products will be your responsibility from the completion of delivery.
10.4You own the Products once we have received payment in full, including all applicable delivery charges.
11.1We deliver to the countries set out on each Seller Shop page (Delivery Destinations). However there are restrictions on some Products for certain Delivery Destinations, so please review the information on each Seller Shop page together with the associated costs carefully before ordering Products.
11.2If you order Products from the Site for delivery to a Delivery Destination which is outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.
11.3We require that the seller is responsible for payment of any import duties and taxes for Product(s) delivered to the UK.
11.4You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12Price Of Products And Delivery Charges
12.1The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
12.3The price of a Product includes VAT (where relevant) at the applicable current rate chargeable in the UK for the time being.
12.4The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site. To check current delivery charges, please refer to the relevant Seller Shop page for the Product you are ordering.
12.5The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.1where the Product’s correct price is less than the price stated on the Site, we will issue you with a refund for the difference between the price you paid and the actual price of the Product. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
12.5.2if the Product’s correct price is higher than the price stated on the Site, we will contact you by email as soon as possible to inform you of this error. We will then give you the option of cancelling your order or cancelling your order and continuing to purchase the Product at the correct price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process within 7 days, we will treat the order as cancelled and notify you in writing.
13How To Pay
13.1You can only pay for Products using your PayPal balance or any major debit or credit card through Comparemyshopping‘s online payment processing system. We accept the following cards: Discover, Visa/Visa Debit/Visa Electron, Mastercard, Maestro, and American Express (AMEX). The currency displayed will always show in GBP (£).
13.2Payment for the Products and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your Products using the shipping method you selected on purchase.
13.3Please note that your payment made through the Site will be received by us (the Seller) not Comparemyshopping. These arrangements shall not affect any rights that you may have against us under these Terms.
14.1Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
14.2If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15.1Where the Products are supplied for use by your business, you agree not to use the Product for any re-sale purposes.
15.2Nothing in these Terms limit or exclude our liability for:
15.2.1death or personal injury caused by our negligence;
15.2.2fraud or fraudulent misrepresentation;
15.2.3breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
15.2.5defective products under the Consumer Protection Act 1987.
15.3If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Subject to clause 15.2, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4Subject to clause 15.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.
15.5Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16.1Discount Codes are available to use on products purchased from the Site. Please see Discount Codes Terms for further information.
17Events Outside Of Our Control
17.1We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1we will contact you as soon as reasonably possible to notify you; and
17.3.2our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18Communications Between Us
18.1When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2If you are a consumer:
18.2.1To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by submitting a notification through your Customer Account. You may wish to keep a copy of the cancellation notification which you submit for your own records. Your cancellation is effective from the date you submitted the cancellation through the system on the Site. If you wish to contact us in writing for any other reason, such as giving feedback or making a complaint, you can send this to us by pre-paid post to Sutcliffe Accountants Ltd, 9 Low Mill, Caton, Lancaster LA2 9HY
18.3If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19Other Important Terms
19.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
19.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3The Contract is between you and us and subject to clause 19.4 – no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 Comparemyshopping shall be entitled to enforce the Contract and Terms under the Contracts (Rights of Third Parties) Act 1999.
19.5Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.6If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.7If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.8If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
19.9We will not file a copy of the Contract between us.
Discount Codes Terms
1.1Discount codes may be available to use on products purchased from the Site.
1.2Discount codes are not valid for use in conjunction with any other promotion or deal (including but not limited to site-wide discount events or product deals discounted by Comparemyshopping), unless otherwise specified.
1.3Discount codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.
1.4Discount codes are only valid on products while stocks last and may be withdrawn at any time.
1.5Discount codes will expire on the date and time specified upon being issued.
1.6Only one discount code can be used per order.
1.7Any refunds will take into account the discount applied to the item/s ordered.
1.8 Comparemyshopping reserves the right to change these Terms and Conditions, or withdraw a promotion at any time on reasonable notice.
1Monthly Review Competition
Comparemyshopping run a monthly competition where you can review your recent order to be entered into a monthly prize draw. The terms (“Terms”) below set out the competition details.
1.1The promoter is novi.digital Ltd. trading as Comparemyshopping, whose registered office is at Sutcliffe Accountants Ltd, 9 Low Mill, Caton, Lancaster LA2 9HY
1.2By entering this competition, you confirm your agreement to be bound by these Terms.
1.3The competition is open to persons aged 18 years or over except employees of Comparemyshopping, their close relatives and anyone otherwise connected with the organisation or judging of the competition.
1.4There is no entry fee for the competition, but a purchase must have been made in order to leave the review and qualify for entry.
1.5One product review grants you one entry into the competition. You can leave one review per product, however you can gain an additional entry for each review left for each additional product. You can gain an additional entry for every seller review left provided that the associated product review has also been completed.
1.6The reviews submitted are subject to an approval process to ensure their legitimacy.
1.7The prize is as stated on the review page and no cash or other alternatives will be offered. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
1.8The winner agrees to the use of his/her name in any publicity material, including but not limited to Comparemyshopping ‘s social media channels. Any personal data relating to the winner and all other entrants will be used in accordance with current UK data protection legislation and will not be disclosed to any third parties.
1.9The rules relating to entering the competition are set out below:
1.9.1You must make a purchase on Comparemyshopping.com
1.9.2You can leave a product review either from your account, or from the email we send inviting you to leave a product review (this should be received 10 days after your order has been dispatched)
1.9.3To review a product via the review request email, click the ‘Review Now’ button, write your review and submit it
1.9.4To review a product from your account, go to ‘View Orders’ and select the ‘Review Product’ link underneath the product, then write your review and submit it
1.9.5You must complete at least one product review with a minimum of 20 words
1.10 Comparemyshopping is not responsible for inaccurate prize details supplied to any entrant by any third parties.
1.11The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
1.12 Comparemyshopping reserves the right to cancel or amend the competition and these terms and conditions without notice.
1Acceptance Of Terms
1.1These provisions set out the terms and conditions (“Terms”) on which you (the “Seller”, “your”) may become a member of the Comparemyshopping website (“Site”) to sell products which must not be Prohibited Products (as defined in Schedule 2) (“Products”) to customers of the Site (“Customers”).
2 About Us
2.1 Novi.digital Ltd. owns CompareMyShopping.com and operates the CompareMyShopping website. novi.digital Ltd. is a company registered in England and Wales under company number 07526752 and with its registered office at Sutcliffe Accountants Ltd, 9 Low Mill, Caton, Lancaster, LA2 9HY. To contact us, please see our Contact CompareMyShopping page.
3. Limitation Of Liability And Indemnity
3.1Nothing in these Terms shall limit or exclude our liability:
3.1.1for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
3.1.2fraud or fraudulent misrepresentation;
3.2Subject to clause 8.1:-
3.2.1we shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise; and
3.2.2our total liability to you in respect of all other losses arising under or in connection with the sale of the Products to the Customers and these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount in Monthly Subscription Fees that you have paid to us in the past 12 months; and
3.2.3we shall not be liable to you in relation to the Products. It is your responsibility to take out the relevant insurance necessary to cover the cost of the Products you are supplying to Customers in the event that they were lost or damaged in transit.
3.3Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
3.4The Seller shall indemnify and hold Comparemyshopping harmless against all liabilities, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, and all interest, penalties, taxes, duties and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the Seller’s use of the Site.
3.5From time to time, it will be necessary for Comparemyshopping to perform Site updates and carry out maintenance of the Site. Although we will try to do this at times which are least likely to inconvenience our Sellers and Customers, and we will always try to notify Sellers of any planned maintenance, we shall have no liability to you for loss of profits or other losses caused by maintenance carried out on the Site or downtime of the Site.
4.1 Comparemyshopping will take all precautions to securely store all of the Seller’s Product and business information and will not share with any third party, unless specific permission is granted by the Seller.
4.2The Seller will not disclose any details of correspondence or operations (including the operations of the SCP and marketing plans) to any third parties.
4.3The obligations of confidentiality under these Terms shall remain in effect for 2 (two) years after the termination or expiry of these Terms.
5. Intellectual Property Rights
5.1The copyright, design rights and all other intellectual property rights in the Site (including those in any materials and other documents or items that we prepare or produce in connection with the Site) will belong to us absolutely.
5.2You may not use the materials, documents or other items detailed in clause 12.1 above without Comparemyshopping ‘s prior written consent.
5.3You acknowledge and accept that the copyright, design rights and all other intellectual property rights in a Listing will belong to us absolutely or have been licensed to us. Listing a Product against a Listing does not grant you any intellectual property rights in that Listing.
5.4We hereby grant you a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and licence to use, each Listing for the sole purpose of advertising the Product(s) which you sell through the Site.
6. Law And Jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute or claim arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.
7.1We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
7.2No party shall assign, transfer, charge, subcontract or deal in any other manner with any of our rights or obligations under these Terms.
7.3Any notice or other information required or permitted to be given under these Terms shall be deemed to have been validly given if served personally on that party or if sent by First Class pre-paid post to the last known address of that party. If sent by First Class pre-paid post the notice shall be deemed to have been received 2 days after the date of posting. If any such notice or other information is given by means of facsimile then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next Working Day where sent outside such hours.
7.4No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
7.5If any provision of these Terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable (or indications to that effect are received by us from any competent authority) then that provision shall be limited or eliminated to the minimum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.
7.6Nothing in these Terms is intended or shall be deemed to constitute a partnership or joint venture of any kind between you and us, nor constitute us your agent. You shall have no authority to act as our agent or to bind us in any way.
7.7These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
7.8No variation of these Terms shall be binding unless made in writing and signed by you and us.
7.9These Terms apply to the exclusion of any other terms that you seek to impose.
7.10These Terms shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Terms.
7.11References in these Terms to “writing” includes facsimiles but not e-mail.