Terms of Business
Last updated 2 February 2020
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "Pay Now" on the order form if you accept them. If you do not accept these Terms, you should not order any Products from our Site.
You should print a copy of these Terms or save them to your computer for future reference. We will not file a copy of the Contract between us. We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 24 March 2020. These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1. We operate the website www.lickhome.com (Site). We are Lick Home Ltd, a company registered in England and Wales under company number 12062607 and registered office address 2nd Floor, Gadd House, Arcadia Avenue, London, N3 2JU. Our VAT number is 332462522.
1.2. To contact us, please email email@example.com
2. Our Products
2.1. The images of the Products on our 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.
2.2. The packaging of the Products may vary from that shown on images on our Site.
2.3. All Products shown on our Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made, unless it had been made clear on our Site that such Products are available for pre-order.
2.4. You acknowledge that our Products are designed for domestic use only and do not use commercial grade materials.
3. How we use your personal information
4. If you are a consumer
This clause 4 only applies if you are a consumer and not purchasing our Products in a business capacity.
4.1. If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.
4.2. As 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.
5. If you are a business customer
This clause 5 only applies if you are purchasing our Products as a business.
5.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.
5.2. These 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.
6. How the contract is formed between you and us
6.1. In order to place an order, you should follow the steps set out below:
6.1.1. click on the Product that you would like to purchase;
6.1.2. on the Product page, select the quantity and then click on “add to basket”;
6.1.3. either click on “continue shopping” or click on “go to checkout”;
6.1.4. if you want to pay by debit or credit card, just enter your details in the online form and when they are correct, click on “Pay Now”;
6.1.5. if you are already registered with us, click on “login” and enter your details but if not, click on “check out as guest”; and
6.1.6. complete the online forms as instructed and place your order by clicking on the “Pay Now” button.
6.2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order and your payment (Payment Confirmation). The Contract between us will only be formed when we send you the Payment Confirmation.
6.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
7.1. We may revise these Terms from time to time in the following circumstances:
7.1.1. changes in how we accept payment from you;
7.1.2. changes in relevant laws and regulatory requirements.
7.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3. Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. Your consumer right of return and refund
This clause 8 only applies if you are a consumer.
8.1. If you are a consumer, you have a legal right to cancel a Contract (under Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) during the period set out below in clause 8.2. 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.
8.2. Your legal right to cancel a Contract starts from the date of the Payment Confirmation, which is when the Contract between us is formed. Save where clause 8.3 applies, if the Products have already been delivered to you, you have a period of 14 (fourteen) calendar days in which you may cancel the Contract, starting from the day on which you (or someone you nominate) receives the Product unless your Product(s) 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 cancel the contract.
8.3. If you have changed your mind and wish to cancel a Contract, please contact us in writing before the expiry of the deadline referred to in clause 8.2 to tell us clearly that you wish to cancel by sending an e-mail to firstname.lastname@example.org or by sending a letter to Lick Home Ltd, N201A, Vox Studios, 1-45 Durham St, Vauxhall, London, SE11 5JH.
8.4. On cancellation of a Contract, you will receive a full refund of the price you paid for the Products and a full refund of any applicable delivery charges you paid for. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery 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 delivery option. We will make any refunds due to you as soon as possible and in any event your refund will be made within 14 days of your telling us you have changed your mind.
8.5. If you cancel the Contract after the Products have been delivered to you:
8.5.1. you must make return the Products unopened in their original packaging as soon as reasonably practicable and in any event no later than 14 days after the date of your cancellation. For the purposes of this clause 8.5.1 the date of return will be considered to be the date upon which you took the products to the collection point;
8.5.2. you 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.
8.5.3. a collection charge will apply which is dependent on the price of the product. For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our delivery and returns page.
8.6. We refund you in the same way in which you made payment for the Product. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way which would not be permitted in a shop. 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.
8.7. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Payment Confirmation.
8.8. Your right to cancel an order does not apply to any made to measure items.
9. If there is a problem with the Product
We are under a legal duty to supply Products that are in conformity with this Contract. See 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.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund.
· up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
9.1. Your obligation to return rejected Products.
If you wish to exercise your legal rights to reject Products you must return them to us. You will be responsible for the cost of collection. For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our returns page.
If 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, including any applicable delivery charges, and we will arrange for the return of the Products with no additional charge to you.
10.1. Your order will be fulfilled as follows:
10.1.1. for orders where the Payment Confirmation is given before 1pm, the next working day
10.1.2. for orders where the Payment Confirmation is given after 1pm, within 2 working days unless there is an Event Outside Our Control (as defined below in clause 15). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2. Delivery will be completed when we deliver the Products to the address you provide us with. Please note that our delivery and returns policies differ according to whether the delivery address is in the UK mainland (excluding Northern Ireland) or in non-mainland UK. The default delivery option is set to your billing address and will require signature on delivery.
10.3. As soon as the Product is available for delivery we will despatch it via a third party courier service, and you will receive an email confirmation via your chosen email address. You will have the opportunity to update your delivery preferences via that confirmation email if you wish to do so.
10.4. There will be a charge for delivery that is dependent on the total value of the order. Orders with a total Product value less than £50 will be subject to a delivery charge of £5. Products with a Product value of £50 or greater will not be subject to any delivery fee.
10.5. For deliveries outside of the UK mainland (i.e. Northern Ireland, the Channel Islands, Isle of man, Scilly Isles, Shetland Isles and Northern Ireland) the charge for delivery will be as follows:
10.5.1. Orders with a Product value less than £150 will be subject to a delivery charge of £20; and
10.5.2. Orders with a Product value of £150 or greater will not be subject to any delivery charge.
Please add 2 working days for deliveries outside the UK mainland.
10.6. You must examine the Product on arrival before you sign for the Product to confirm delivery.
10.7. You own the Products once we have received payment in full, including all applicable delivery charges.
10.8. Delivery is not guaranteed beyond the first floor unless the product can be moved in a lift.
10.9. For orders placed with interest-free credit with Klarna, changes to shipping or billing address are subject to approval from Klarna and a result we cannot guarantee that such changes will be possible after the point of order. Your providing of an address is part of the agreement formed between yourself and Klarna and so the final decision as to whether an address change is accepted lies with Klarna.
11. Price of Products and delivery charges
11.1. The prices of the Products will be as quoted on our 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 11.5 for what happens in this event.
11.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Payment Confirmation.
11.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4. Product prices exclude delivery costs, which, where applicable, will be added to the total amount due during the order process.
11.5. Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
11.5.1. where the Product's correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you; and
11.5.2. if the Product's correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. 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, we will treat the order as cancelled and notify you in writing.
12. How to pay
12.1. You can only pay for Products using a debit card, credit card or other payment method that we display from time to time on our Site. We accept all Mastercard and VISA debit and credit cards and American Express.
12.2. Payment for the Products and all applicable delivery charges is in full at the point of order. Upon receiving your order we carry out a standard pre-authorisation check to ensure there are sufficient funds to fulfil the transaction.
12.3. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 3
- Pay Later
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
12.4. If Interest-free credit is selected, a contract is formed between yourself and our finance provider Klarna. For more information on the interest-free credit payment option, please visit the Klarna website at www.klarna.com/uk. Our customer support team members are unable to offer advice regarding interest-free credit. Queries related to this payment method must be directed to the Klarna Customer Care team at the following address or telephone number:
33 Cavendish Square
020 300 50833
Open Monday to Saturday 9am-6am.
12.4. Where interest-free credit is selected, payments will begin upon Payment Confirmation.
13. Our liability if you are a business
This clause 13 only applies if you are a business customer.
13.1. We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
13.2. Nothing in these Terms limit or exclude our liability for:
13.2.1. death or personal injury caused by our negligence;
13.2.2. fraud or fraudulent misrepresentation;
13.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.2.4. defective products under the Consumer Protection Act 1987.
13.3. Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.3.1. any loss of profits, sales, business, or revenue;
13.3.2. loss or corruption of data, information or software;
13.3.3. loss of business opportunity;
13.3.4. loss of anticipated savings;
13.3.5. loss of goodwill; or
13.3.6. any indirect or consequential loss.
13.4. Subject to clause 13.2 and clause 13.3.3, 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 100% of the price of the Products.
13.5. Except 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.
14. Our liability if you are a consumer
This clause 14 only applies if you are a consumer.
14.1. If 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.
14.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3. We do not in any way exclude or limit our liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
14.3.5. defective products under the Consumer Protection Act 1987.
15. Events outside our control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation any actions, inactions or delays of our manufacturers and suppliers, 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, pandemic, 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.
15.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1. we will contact you as soon as reasonably possible to notify you; and
15.3.2. our 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.
16. Communications between us
16.1. When we refer, in these Terms, to "in writing", this will include email.
16.2. If you are a consumer:
16.2.1. To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to Lick Home Ltd, N201A, Vox Studios, 1-45 Durham St, Vauxhall, London, SE11 5JH. Alternatively you may wish to use the model cancellation form, but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
16.2.2. If you wish to contact us in writing for any other reason, you can send this to us by pre-paid post to Lick Home Ltd, N201A, Vox Studios, 1-45 Durham St, Vauxhall, London, SE11 5JH or by sending an e-mail to firstname.lastname@example.org.
16.3. If 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.
16.4. If 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.
17. Use of our Site
17.1. Accessing Our Site
17.1.1. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
17.1.2. You are responsible for making all arrangements necessary for you to have access to our Site.
17.2. Your account and password
17.2.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
17.3. Intellectual property rights
17.3.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
17.3.2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
17.3.3. 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.
17.3.4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
17.3.5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
17.4. No reliance on information
17.4.1. content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
17.5. Limitation of our liability in relation to your use of our site
17.5.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
17.5.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
184.108.40.206. use of, or inability to use, our Site; or
220.127.116.11. use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
18.104.22.168. loss of profits, sales, business, or revenue;
22.214.171.124. business interruption;
126.96.36.199. loss of anticipated savings;
188.8.131.52. loss of business opportunity, goodwill or reputation; or
184.108.40.206. any indirect or consequential loss or damage.
17.5.4. If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.5.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
17.5.6. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
17.5.7. Limitations and exclusions of liability applying to liability arising as a result of the supply of any Products by us to you are set out in clause 13 and 14 above.
17.6.1. We do not guarantee that our Site will be secure or free from bugs or viruses.
17.6.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
17.6.3. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
17.7. Linking to our site
17.7.1. 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.
17.7.2. 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.
17.7.3. You must not establish a link to our Site in any website that is not owned by you.
17.7.4. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
17.7.5. We reserve the right to withdraw linking permission without notice.
17.7.6. If you wish to make any use of content on our Site other than that set out above, please contact email@example.com
17.8. Third party links and resources in our site
17.8.1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
17.8.2. We have no control over the contents of those sites or resources.
18. Specific terms applying to blinds and other made to measure products
18.1 Specification of Goods
18.1.1 it is your responsibility to provide us with exact measurements, suitable for your requirements. We do not accept responsibility for any inaccurate measurements provided to us.
18.1.2 Once you have ordered you will receive a confirmation email which you are responsible for checking. We are unable to accept returns for refunds as it is not possible to resell made to measure goods.
18.1.3 All measurements are manufactured in centimetres (CM) only
18.1.4 All sizes and measurements stated by us in relation to the goods are approximate only
18.1.5 All items are cut to size and will be accurate with working tolerances and variances of +/-5mm. Orders cannot be returned if within this limit.
18.1.6 We are unable to guarantee that the digitally produced images shown on the website:
- Accurately reflect the colours, due to variations in light and colour between different computer monitors.
- Will be the same from one item to another in the case of matching sets, due to slight variations in dye lots and age of orders placed.
- Accurately reflect fabric texture and feel, it is recommended to order a free sample before purchasing.
18.2 Rights of cancellation and returns
18.2.1 Where the goods are made to measure you shall have no right to amend or cancel your order, return the goods or seek any refund of the price paid by you from us. This is because when we receive your order, the manufacturing process begins immediately and the goods are manufactured to your exact specification, pursuant to The Consumer Contracts (information, cancellation and additional charges) Regulations 2013. This does not affect your statutory rights
18.3.1 All of our made to measure blinds and curtains are guaranteed against defects in manufacture and material from delivery for a period of 3 years
18.3.1 Should any defect arise during any warranty period, we shall at our expense, repair or replace the defective goods (or any part of them) on a like for like basis, provided that the defect has not arisen as a result of:
- fair wear and tear;
- misuse or abuse;
- non domestic or business use; or
- the goods being installed except as otherwise in accordance with accompanying written instructions or good industry practice.
19. Other important terms
19.1. We 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.
19.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3. This contract is between you and us. 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. Each 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.
19.5. If 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.
19.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our 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 to that the courts of England and Wales will have non-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.
19.7. If 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.
20. Transformations with Lick
20.1 Transformations with Lick allows you to upload photos of your home décor transformations that you’ve completed with Lick. Once you have uploaded a photo, it may be selected by Lick and used by us in accordance with these Terms and Conditions. You can upload your photo in one of two ways:
(a) Direct Upload of your photo directly to Lick’s Transformations with Lick page on our website.
(b) Social Media Upload your photo on Facebook, Instagram or Twitter and tag @lick and #lick to alert us to your post.
How will Lick use your photo and other information provided?
You will retain legal ownership of any rights you own (including copyright) in any photo you upload. However, by replying #YESLICK you grant to Lick a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, assignable, sub-licensable licence to use the photo in the manner set out below.
20.2 Lick's webpages
20.2.1 We may use your photo on Lick’s webpages, including the individual product pages and in editorial and advertising content.
20.2.2 In addition, by replying #YESLICK you also grant Lick the right to use your username, real name, image, likeness, caption or other identifying information in connection with the use of your photo.
20.2.3 Lick will choose and publish uploaded photos at its absolute discretion. For the avoidance of doubt, Lick is under no obligation to use any of the photos uploaded.
20.3 Campaigns and owned channel usage
20.3.1 If your image is really special, we may want to use your photo in an advertising campaign. This could include using the photo in any of the following formats:
20.3.2 Out of Home (OOH), PR, Press, Direct Mail, Catalogue, Online, Online Advertising, Social and Showrooms.
20.3.3 If we’re interested in using your photo for a campaign, we will contact you again to ask for your permission and provide you with our terms for usage.
20.4 General usage terms
20.4.1 By replying #YESLICK, you warrant and represent that (i) you own all rights (including copyright) in the photo uploaded or, if the photo is subject to third party rights, you have all required licenses, rights, consents and/or permissions to publish the photo and grant the licence described above to Lick, and (ii) you are over 18 years of age.
20.4.2 To the extent permitted by law, you also agree to waive any moral rights you may own in relation to any photos uploaded.
20.4.3 Lick may use, edit, alter, reproduce, translate, publish, or create derivative works from any photo uploaded at Lick’s sole discretion.
20.5 Photo Content Guidelines
20.5.1 All uploaded photos are moderated by Lick. We will not select for publication photos that contain any of the following content:
(a) Copyrighted and/or Trademarked Material: please do not upload any photos or other content that infringes or might infringe the rights (e.g. copyright or trademarks) of a third party (such as content that contains any third-party content such as trademarks, logos, company names, insignia, photographs or works of art, excerpts of the books, photos/videos of TV or film scenes).
(b) Abusive Imagery: do not upload any images that could reasonably be considered as harmful, threatening or violent, harassing, abusive, offensive, hateful, inflammatory, discriminatory, profane or bullying.
(c) Impersonation: use non-offensive usernames only, and do not impersonate any other person.
(d) Private & Confidential: do not upload anything that would be considered confidential or that would allude to an individual (e.g. work details, credit card numbers, address details, anything distinctive that a particular individual is known for).
(e) People / Facial Recognition: do not upload photos that contain people within the image, whether or not their face can be seen. This includes pictures of people within the photograph (e.g. a photograph within a photo frame on a desk).
(f) Comments: make sure any information accompanying your photos are accurate (where they include facts) and are your genuinely held opinions (where you are giving your opinion). Don’t post anything which is in any way defamatory of any person or company.
(g) Advertising: do not advertise or promote your own or third parties’ goods or services in any photos or submissions.
(h) Links: please do not link to any media or executable file with your photos or submissions.
20.6. What Happens If I Have a Complaint About a Photo or Want a Photo Removed?
20.6.1 If you believe that an uploaded photo on our webpages is inappropriate, offensive or is violating someone’s legal rights (e.g. trademark or copyright infringement) then you can report the photo by sending an email to firstname.lastname@example.org.
20.6.2 We reserve the right to remove the photos from our Instagram feed, website or marketing materials at any time, for any reason.