Terms of service
PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE ("TERMS"), AS SUCH MAY BE REVISED BY BEDSHE INTERNATIONAL B.V. FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER ("USER" OR "YOU") AND BEDSHE INTERNATIONAL B.V. GOVERNING THE USE OF THE WEBSITE. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE.
These Terms apply to your access to, and use of, all or part of any websites, web application, or mobile application of BEDSHE INTERNATIONAL B.V. or its subsidiaries and affiliated companies (collectively, "Company", "we", "our" or "us"), including https://bedsurehome.co.uk/ and any other site or online service where these Terms are posted (collectively, the "Sites").
In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.
While we make reasonable efforts to provide accurate and timely information about the Company on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about the Company.
These Terms include an arbitration agreement that governs any disputes between you and us. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration agreement will:
· (a) Substantially affect your rights, including by providing for individual arbitration rather than court proceedings; and
· (b) Be subject to the consumer protection requirements of the laws of England and Wales and the Dutch Arbitration Act, which ensure that nothing in these Terms prevents you from relying on mandatory consumer protection rights that cannot be waived under applicable law.
You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites. Where you are a consumer, we will also notify you of material changes by email to the last email address you provided to us.
1. Eligibility
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Where we process personal data of a child under the age of 16, we shall obtain verifiable parental or guardian consent in accordance with the UK GDPR and the Data Protection Act 2018.
User represents and warrants that (a) he/she is not located in a country that is subject to a UK government, EU, or United Nations sanctions embargo, or that has been designated by the UK government as a country subject to comprehensive sanctions; and (b) he/she is not listed on any UK government consolidated list of financial sanctions targets, or any EU or UN consolidated list of sanctioned or restricted parties.
In order to participate in certain areas or use certain functions of our Sites, you may need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify the Company if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
2. Privacy
Please read the Privacy Policy carefully to understand how the Company collects, uses and discloses personal data from its users. By accessing or using the Sites, you acknowledge that your personal data will be processed in accordance with the Privacy Policy, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018).
Your personal data is processed on the following lawful bases as set out in our Privacy Policy: (a) performance of a contract; (b) compliance with legal obligations; (c) our legitimate interests; and (d) your consent, where applicable. You have the right to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
You have the following data subject rights under the UK GDPR and DPA 2018: (a) the right of access to your personal data; (b) the right to rectification of inaccurate personal data; (c) the right to erasure ("right to be forgotten"); (d) the right to restrict processing; (e) the right to data portability; (f) the right to object to processing; and (g) rights in relation to automated decision-making and profiling.
If you wish to exercise any of these rights, please contact us at contact@bedsurehome.co.uk. You also have the right to lodge a complaint with the Information Commissioner's Office (ICO) at www.ico.org.uk.
3. Email Communications and Messages
If a User signs up for an account on the Sites, the User will not be opted in to receive promotional email communications from the Company ("Email Communications") by default. The User must explicitly opt in to receive Email Communications at the time of sign up by selecting the appropriate option. The User may opt out of receiving Email Communications at any time by (i) adjusting the User's profile settings in the User's account, (ii) using the unsubscribe link at http://manage.kmail-lists.com/subscriptions/unsubscribe?cy=VZzgVw, or (iii) clicking the unsubscribe link in any Email Communication.
By using the Sites, messages may automatically be displayed to the User via the display tiles, including promotional communications and offers. If the User does not wish to see or receive such messages, the User must cease use of the Site.
4. Copyright, Trademarks, and User License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of the Company or its licensors or users and are protected by UK and international copyright laws, including the Copyright, Designs and Patents Act 1988 (CDPA). Company logo, and other Company trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of the Company (collectively "Company Marks"). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively "Third Party Marks"). The Company Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, the laws of the United Kingdom, and other proprietary rights and also may have security components that protect digital information only as authorized by Company or the owner of the Content. All rights not expressly granted are reserved.
Subject to these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites ("Content") is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
5. Copyright Infringement Notice
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with us as set forth below. Such notification should include: (a) identification of the copyrighted work that you claim has been infringed; (b) identification of the material that you claim is infringing, including its location on the Sites; (c) your contact information, including your full name, address, telephone number and email address; (d) a statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the copyrighted work or are authorised to act on the owner's behalf.
Notifications should be sent to:
BEDSHE INTERNATIONAL B.V.
van Haeffstraat 14, 5921HS Venlo, Netherlands
contact@bedsurehome.co.uk
In accordance with the Copyright, Designs and Patents Act 1988 (CDPA), sections 97A–97B, and the Electronic Commerce (EC Directive) Regulations 2002, upon receipt of a valid notice of apparent infringement, we will remove or disable access to the infringing material. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for damages, including costs and reasonable legal fees, incurred by us or the alleged infringer as a result of our relying upon such misrepresentation.
If a notice of copyright infringement has been filed against material posted by you on the Sites, you may submit a counter-notification to the contact listed above. If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with applicable law.
In appropriate circumstances and in our sole discretion, we may terminate the accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Acceptable Use
User's use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number ("User Information") transmitted in connection with the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of personality, image rights, privacy rights, or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by the Company; (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Company or Content that is not authorized by the Company; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Company or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Company's computer network or user accounts; (i) encourages conduct that would constitute a criminal offence or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Company's servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). The Company reserves the right, in its sole discretion, to terminate any User License, terminate any User's participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that the Company reasonably believes is or might be in violation of these Terms, or Company policies.
7. User Content
The Company does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you become aware of User Content that you believe violates these Terms (with the exception of copyright infringement which is addressed in the Copyright Infringement Notice section), you may report it by sending email to contact@bedsurehome.co.uk. Enforcement of these Terms however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms. Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Company that you grant herein. Company claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Company and its designees a worldwide, non-exclusive, royalty-free license to use, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content, for the duration of your use of the Sites and for a reasonable period thereafter, to the extent necessary for the operation of the Sites and the purposes for which you submitted the User Content. Where you are a consumer, this license is granted only to the extent necessary to provide the services you have requested.
You understand that you will not be entitled to any additional compensation for the use of your User Content beyond what is expressly stated in these Terms. Nothing in this section shall affect any moral rights you may have in your User Content under the CDPA 1988.
8. Links to Sites
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray Company in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Company's logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party. Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of Company and Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
9. Indemnification
The User agrees to defend, indemnify, and hold harmless Company, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("Company Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including reasonable legal fees) ("Claims") that arise from or relate to the User's use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Company Indemnitee's sole negligence.
Consumer Protection: Where you are a consumer (i.e., an individual acting for purposes that are wholly or mainly outside your trade, business, craft, or profession), this indemnification provision shall apply only to the extent that your use of the Sites constitutes a breach of these Terms that is intentional or constitutes gross negligence, and shall not require you to indemnify Company for Claims arising from the ordinary use of the Sites in accordance with these Terms. This provision is subject to the requirements of the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
10. Warranties; Disclaimers
The Company is providing the Sites to the User and the User is using the Sites at his or her own risk. To the extent permitted by applicable law, including the Unfair Contract Terms Act 1977 (UCTA) and the Consumer Rights Act 2015 (CRA 2015), the Company disclaims all warranties, whether express or implied, including any warranties that the Sites are merchantable, reliable, available, accurate, fit for a particular purpose or need, non-infringing, free of defects or viruses, able to operate on an uninterrupted basis, that the use of the Sites by the User is in compliance with laws applicable to the User, that User Information or orders transmitted in connection with the Sites will be successfully, accurately, or securely transmitted or received, that orders will be as placed or ready at the suggested time, or that any particular item ordered will be available. The materials and information on the Sites may include technical inaccuracies or typographical errors.
Nothing in these Terms excludes or limits the Company's liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under applicable law, including under UCTA 1977 and CRA 2015.
Where you are a consumer, you benefit from the statutory rights and remedies implied by the Consumer Rights Act 2015, including that digital content will be of satisfactory quality, fit for a particular purpose, and as described. Nothing in these Terms affects those statutory rights.
11. No Liability
Subject to applicable law, including the Unfair Contract Terms Act 1977 (UCTA) and the Consumer Rights Act 2015, in no event shall Company or its officers, directors, employees, shareholders or agents (A) be liable to the User with respect to use of the Sites, the Content or the Materials contained in or accessed through the Sites (including without limitation the Content or the Materials contained in or accessed through the Sites, or any damages caused by or resulting from reliance by a User on any information obtained from Company), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Company's records, programs or services; and (B) be liable to the User for any indirect, special, incidental, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of User Information, personal injury or property damage, the inability to use the Sites or any of their features or device failure or malfunction.
Liability Cap: To the extent that the Company's liability is not excluded under these Terms or by law, the Company's total aggregate liability arising out of or relating to these Terms or your use of the Sites shall not exceed the greater of: (a) the total amounts paid by you to the Company for use of the Sites in the twelve (12) months preceding the event giving rise to the liability; or (b) £100 (one hundred pounds sterling). This liability cap shall not apply to liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be capped by law.
If you are a consumer, some or all of the exclusions and limitations of liability in this section may not apply to you, as certain consumer rights under the Consumer Rights Act 2015 and other applicable law cannot be excluded, restricted, or modified.
12. Third Party Content, Sites, Products and Services (including Advertising and Promotions)
Company may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in such services or information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content or services provided by such third parties and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content or services contained therein at your own risk. When you use or visit other sites via Third-Party Content or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.
13. Modifications to the Sites
Company reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
14. Dispute Resolution
Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court.
(1) Arbitration Agreement
Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Sites, or your relationship with the Company or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute") will be resolved through binding individual arbitration administered by the Netherlands Arbitration Institute (NAI) in accordance with the NAI Arbitration Rules, as modified by this arbitration agreement. The NAI Rules are available online at www.nai.nl. The seat of arbitration shall be Amsterdam, the Netherlands. The language of the arbitration shall be English.
Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property.
The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency.
You and we agree that this arbitration agreement shall be interpreted and enforced in accordance with the Dutch Arbitration Act 2015 (Book 4 of the Dutch Code of Civil Procedure).
Consumer Protection: Where you are a consumer, the arbitrator shall apply the mandatory consumer protection laws of England and Wales and any other mandatory consumer protection laws that would apply if the dispute were heard in a court of law. Nothing in this arbitration agreement shall prevent you from relying on mandatory provisions of the law of the country in which you are habitually resident that protect you as a consumer. In accordance with Article 1021h of the Dutch Code of Civil Procedure, if you are a consumer, you have the right to withdraw from this arbitration agreement within one (1) month of its conclusion by sending written notice to the Company at the address specified in Section 18.
Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to van Haeffstraat 14, 5921HS Venlo, Netherlands. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and our representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to initiating a claim in arbitration.
Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the Netherlands Arbitration Institute (NAI), including the NAI Arbitration Rules and, where applicable, the NAI Summary Arbitration Proceedings Rules for disputes involving consumers, as modified by this arbitration agreement. The NAI Rules are available online at www.nai.nl. If the NAI is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
You may choose to have the arbitration conducted by phone, video, or in-person hearing, or through written submissions. Any in-person hearing will be held at a location mutually agreed by the parties or, failing agreement, at the seat of arbitration. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. Judgment on any arbitration award may be entered in any court of competent jurisdiction. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Costs of Arbitration. Payment of arbitration fees will be governed by the NAI Rules and fee schedule. Where you are a consumer, the Company shall bear the arbitration fees and costs to the extent required to ensure access to justice for consumers, in accordance with applicable law and the NAI Rules.
Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change:
BEDSHE INTERNATIONAL B.V.
van Haeffstraat 14, 5921HS Venlo, Netherlands
Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with this version of the arbitration agreement.
(2) Class Action Waiver
You and we each agree that any arbitration proceeding will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action.
Consumer Protection: Where you are a consumer, nothing in this section shall prevent you from exercising any right you may have under applicable law, including under the Consumer Rights Act 2015, to participate in collective proceedings or other collective redress mechanisms where a court determines that such rights cannot be waived. This class action waiver does not affect your right to bring an individual claim in arbitration or in a small claims court.
15. Governing Law and Jurisdiction
These Terms and use of the Sites are governed by the laws of England and Wales, United Kingdom, without regard to England's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, the courts of England and Wales shall have exclusive jurisdiction for purposes of any legal action arising out of or related to the use of the Sites or these Terms, except that where you are a consumer, you may also bring proceedings in the courts of the country in which you are habitually resident.
16. Termination
Notwithstanding any of these Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. Company's failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
17. Changes
Company reserves the right to change or modify these Terms or any other Company policies related to use of the Sites at any time and at its sole discretion by posting revisions on the Sites. Where you are a consumer, the Company will provide you with prior notice of any material changes to these Terms by email to the last email address you provided to us, at least 14 days before such changes take effect.
Where you are a consumer, if you do not agree to such changes or modifications, you may cease using the Sites and terminate your account. Continued use of the Sites following the effective date of the changes, after the notice period has elapsed, will constitute acceptance of such changes or modifications. If you do not agree to such changes or modifications, you should cease using the Sites immediately.
18. Severability and Survival
Except as otherwise provided herein, if any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
In addition to such other provisions hereof which, by their terms, survive any termination or expiration of this Agreement, the following sections shall survive termination of these Terms: (a) Indemnification; (b) Warranties; Disclaimers; (c) No Liability; (d) Dispute Resolution (including Arbitration Agreement); and (e) Governing Law and Jurisdiction.
19. Contact
Except as otherwise provided in these Terms, any questions, complaints, or claims regarding the Sites should be directed to:
BEDSHE INTERNATIONAL B.V.
van Haeffstraat 14, 5921HS Venlo, Netherlands
Company Registration Number (KVK): 74314580
VAT Registration Number: GB330532443
Email: contact@bedsurehome.co.uk
Phone: +44 7529554378
