12. LIMITATION OF LIABILITY
12.1 The following provisions set out Our entire liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of any breach of the Contract, any representation, statement or tortious act or omission, including but without limitation, negligence arising under or in connection with the Contract.
12.2 Subject to Clause 13.5, Our total liability under the Contract shall be limited to the Price We have received from You.
12.3 Subject to Clause 13.5, We shall have no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Our approval. We shall be under no liability if the total Price has not been paid by the due date for payment.
12.4 Subject to Clause 13.5, We shall not be liable to You for any loss of profit, or any indirect, special or consequential loss, including but without limitation, loss of business, loss of goodwill, overhead recovery or any other such costs, damages, expenses or claims.
12.5 Subject to Clause 12.6, We shall not be liable to You for any and all losses, claims, damages, costs or non-compliance with applicable laws and regulations arising as a result of any unauthorised use or misuse of Your customer I.D or account, except where such misuse occurs as a direct result of Our negligence. For the avoidance of doubt, We shall not be liable to You to the extent that such misuse arises directly or indirectly from Your negligence or failure to comply with these Conditions.
12.6 Nothing in the Contract or these Conditions shall exclude or limit Our liability for any death or any personal injury caused by Our negligence, or for fraud.
12.7 We will not provide any computer or other equipment required for accessing the Site. We cannot guarantee that Your use of the Site or any sites accessible through it will not cause damage to Your computer. It is Your responsibility to ensure that the right equipment is available to use the Site and to screen out anything that might damage it. We shall not be liable to any person for any loss or damage that may occur in relation to computer or other equipment as a result of using the Site. We shall not be liable for any telephone or other costs that You may incur in accessing the Site.
12.8 Although We aim to offer You the best possible service, and make every effort to ensure that the Site is free from viruses or defects, We cannot guarantee that the Site services will always meet Your requirements or be fault free. If a fault occurs in any of the Site services You should report it to Us and We will attempt to correct the fault as soon as We reasonably can.
12.9 We cannot guarantee a continuous, uninterrupted internet presence especially where maintenance, repairs, modifications or upgrades to the Site have to be carried out, or in circumstances beyond our control. We reserve the right to alter or withdraw the Site at any time without notice. We reserve the right to terminate Your ability to shop via the Site if Your conduct is found to be inconsistent with these Terms and Conditions or on any other reasonable grounds. On termination You must immediately stop using the Site.
12.10 We make no representation that the purchase or use of any Goods or Services is appropriate or legally permitted elsewhere. To the fullest extent permitted by law, We disclaim all warranties (express or implied) as to the accuracy of information contained in any of the material on the Site and We shall not be liable to any person for any loss or damage arising from the use of any of the information contained in any of the materials on the Site.
12.11 Certain links on the Site may lead to other sites that are not under our control. When You activate this kind of link You will leave the Site, and we will not accept any responsibility for any material on any website which is not under our control.
12.12 We do not make any promise that materials on the Site are appropriate or available for use outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If You choose to access the Site from outside the United Kingdom You do so at Your own risk and are fully responsible for ensuring compliance with local laws if and to the extent that local laws are applicable.