Terms and Conditions

This page (together with the documents referred to on it) sets out the terms and conditions (Conditions) on which we supply the Dual SIM products (Items) displayed on our website:http://www.magic-sim.com/ (Site) to you. Please read these Conditions carefully before ordering any Items from our Site because, by placing an order for any of our Items, you agree to be bound by these Conditions.

We suggest that you print a copy of these Conditions for future reference although please remember that we may change our terms in future (please see Clause 23 below for further details).

1. Information About Us

1.1 We operate our Site. We are LOGICSIM LTD, a company registered in England with registered number 07841943 and with our registered office at Logicsim Ltd., c/o De La Wyche Baker Ltd, 7 St Petersgate, Stockport, SK1 1EB.

2. Making a Contract with Us

2.1 By placing an order through our Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.

3. How the Contract is Formed Between You and Us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This e-mail is not an acceptance of your order; it is just a confirmation that we have received it. Your order constitutes an offer to us to purchase an Item. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Item has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

3.2 The Contract will relate only to those Items whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.

3.3 We reserve the right to refuse any order at our discretion. Non-acceptance of an order may, for example, result from one of the following:
(a) the Item ordered being unavailable from stock;
(b) our inability to obtain authorisation of payment; or
(c) the identification of an error within the product information, including price or promotion.

4. Our Status

4.1 We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Items you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does notaffect your statutory rights against the third party seller.

5. Your Rights to Cancel as a Consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

5.1 If you are contracting with us as a consumer then, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may cancel a Contract at any time within fourteen days, such period beginning on the day after you received the Items. This is known under the Regulations as the 'cooling-off' period. In these circumstances, you will receive a full refund of the price paid for the Items in accordance with our refunds policy (set out in Clause 9 below).

5.2 To cancel a Contract under Clause 5.1, you must inform us in writing ensuring that you quote your order number in any correspondence. You must also return the Items to us within seven days of informing us of your decision to cancel a Contract, the return of any items will be at your own cost and will not be refunded to you. Any Items returned to us MUST be a) unused, b) uninstalled into any device and c) in their original, undamaged, packaging. If you fail to comply with the foregoing we will not be able to provide any refund for the Items you return.

5.3 This provision does not affect your other statutory rights as a consumer.

6. Availability and Delivery

6.1 All Items are subject to availability. As there is a delay between the time when your order is placed and the time when your order is accepted, the stock position relating to particular Items may change. If an Item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock Items.

6.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7. Risk and Title

7.1 The Items will be at your risk from the time of delivery to you.

7.2 Ownership of the Items will only pass to you when we receive full payment of all sums due in respect of the Items, including delivery charges.

8. Price and Payment

8.1 The price of the Items and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.

8.2 Item prices include VAT.

8.3 Item prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4 From time to time our Site may contain a large number of Items and, as a consequence, it is always possible that, despite our best efforts, some of the Items listed on our Site may be incorrectly priced. We try to ensure that all pricing on the Site is accurate and we will normally verify prices as part of our dispatch procedures so that, where an Item's correct price is less than our stated price, we will charge the lower amount when dispatching the Item to you. If an Item's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Item, or reject your order and notify you of such rejection.

8.5 We are under no obligation to provide the Item to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

8.6 Payment for all Items must be made through PayPal or SagePay. Your details will be processed using PayPal or SagePay's secure payment system. If, for any reason, there is a problem with collecting payment after we have confirmed receipt of your order, we will not be obliged to despatch your order to you.

9. Our Refunds Policy

9.1 In addition to your rights under the Regulations (please see above under Clause 5 for further information), if you return an Item to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period provided for under the Regulations (see Clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Item in full, and any applicable delivery charges, less a restocking fee of 20% of the value of the relevant item. However, you will be responsible for the cost of returning the Item to us;
(b) because the Item is defective, we will examine the returned Item and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Item in full, any applicable delivery charges and any reasonable costs you incur in returning the Item to us.

For the avoidance of doubt, we will not accept any returns, and you will not be entitled to a refund of the price, in respect of any Item except in the circumstances as set out in the provisions of Clause 5, Clause 9.1(a) and Clause 9.1(b).

9.2 You have a legal obligation to take reasonable care of the Items while they are in your possession. Where you have failed to take reasonable care of any Items, we reserve the right to refund you in full less any amounts due by way of compensation to either repair the Items or to cover any loss.

9.3 In all cases, Items must be returned to us in their original condition, which includes any packaging.

9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.5 We recommend you use a postal service that insures you for the value of the Items you are returning as we do not accept any liability for items that are not returned to us for reasons which are outside of your control or for any other reason.

9.6 We will be unable to accept the return of any Item and will not process your refund where you have failed to follow our refund policy. For the avoidance of doubt, we will be unable to process any refund unless you have returned the relevant Item to us.

9.7 The Items being sold by us on our Site have been designed for optimum use with official software designed by the original smartphone manufacturers and may not work properly when used in conjunction with modified and/or unofficial software. We cannot provide any refund in respect of, or accept any liability for or in connection with, any Item when it is used in conjunction with modified and/or unofficial software.

10. Information about Items

10.1 We have made every effort to display the Items featured on our Site as accurately as possible. However, please remember that shopping online is very different to shopping in-store. For instance, the colours we use, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of Items will be accurate/the same as the actual Item.

10.2 We will take all reasonable care to ensure that all details, descriptions and prices of Items appearing on our Site are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions. Please see further conditions in relation to errors in pricing in Clause 8.

11. Warranty

11.1 We warrant to you that any Item purchased from us through our Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Items of that kind are commonly supplied. In respect of each Item the applicable warranty is stated as a period of time on the product page, such warranty shall expire at the end of the stated period which is relevant to the Item you have purchased.

11.2 For the avoidance of doubt, the commencement of the warranty period shall be calculated from the first date of postage of the Item by us to you. After the expiry of the warranty which is applicable to the Item which you have purchased we will have no further liability to you in respect of defective Items.

12. Our Liability

12.1 Subject to Clause 12.3, if we fail to comply with these Conditions, we shall only be liable to you for the purchase price of the Item or Items which you have purchased. Any other losses that you may suffer as a result of our failure to comply (whether arising in contract, tort or delict (including negligence), breach of statutory duty or otherwise) with these Conditions whether direct, indirect, foreseeable or unforeseeable are excluded from our liability under the Contract. For the avoidance of doubt, we do not accept any liability for any damage or loss that an Item may cause to your property or any third party property (including mobile phones and/or smartphones) howsoever caused but including damage or loss which results from the improper use or installation by you of the Item, and we will not reimburse your costs and/or expenses related to such damage or loss.

12.2 Subject to Clause 12.3, in addition to the general exclusion of liability stated at Clause 12.1 above but more particularly, we will also not be liable for losses that result from our failure to comply with these Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.

12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Items under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

13. Import Duty

13.1 If you order Items from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable for any breach by you of any such laws.

14. Privacy Policy

14.1 LOGICSIM LTD ("We") are committed to protecting and respecting your privacy. This policy (together with our terms of use (https://www.magic-sim.com/terms) and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.magic-sim.com you are accepting and consenting to the practices described in this policy. For the purpose of the Data Protection Act 1998 (the Act), the data controller is Logicsim Ltd of 7 St. Petersgate, Stockport, Cheshire, SK1 1EB. Our nominated representative for the purpose of the Act is Chris Jackson. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

14.2 CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated in May 2018. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

14.3 WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU?

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Contact Data includes first name, last name, address, email address and telephone numbers.
  • Technical Data includes internet protocol (IP) address, mobile device ID, any login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. It also includes information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for page response time, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and any phone number used to call any customer service number which we may operate now or in the future.
  • Usage Data includes information about how you use this website and/or services.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

What happens if you fail to provide personal data to us?

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

14.3 HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
  • Automated technologies or interactions. As you interact with this website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • We may receive Identity and Contact Data from third parties you have used for verification purposes when accessing this website, such as social media providers and Google based outside the EEA.

14.4 HOW DO WE USE YOUR PERSONAL DATA?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at info@magic-sim.com.

14.5 WHAT ARE THE PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA?

We use information held about you in the following ways:

  • Information you give to us. We will use this information:
  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form);
  • to notify you about changes to our service;
  • to ensure that content from our site is presented in the most effective manner for you and for your computer. 
  • Information we collect about you. We will use this information:
  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer; 
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our site safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
  • Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

14.6 HOW DO WE DISCLOSE YOUR PERSONAL DATA?

We may need to share your personal data with the parties set out below for the purposes noted above:

  • Internal third parties based within the EEA e.g. any member of our group.
  • External third parties
  • IT and system administration service providers based within the EEA.
  • Data storage provider based within the EEA.
  • Data management platform provider based outside the EEA who provides marketing strategy services (as detailed in the table in paragraph 4 above).
  • Data onboarding service providers based within the EEA who provides marketing strategy services (as detailed in the table in paragraph 4 above).

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

14.7 DO WE PERFORM INTERNATIONAL TRANSFERS OF YOUR DATA?

Our external third parties may be based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. 
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

14.8 HOW DO WE SECURE YOUR PERSONAL DATA?

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

14.9 FOR HOW LONG WILL YOU RETAIN MY PERSONAL DATA?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

14.10 LEGAL RIGHTS UNDER DATA PROTECTION LAW?

Under certain circumstances, you have rights under data protection laws in relation to your personal data, set out below.

If you wish to exercise any of the rights set out below, please contact us. 

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

14.11 WHAT ARE YOUR LEGAL RIGHTS?

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide services to you. We will advise you if this is the case at the time you withdraw your consent.

15. Terms of Use

15.1 We have set out additional conditions in relation to your use of our Site in our terms of use. By using our Site, you agree to abide by and be bound by those conditions.

16. Written communications

16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Clause 16 does not affect your statutory rights.

17. Notices

17.1 All notices given by you to us must be given to LOGICSIM LTD at info@magic-sim.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 16 above. Notice 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.

18. Transfer of rights and obligations

18.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

19. Events outside our control

19.1 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 events outside our reasonable control (Force Majeure Event).

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.

19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20. Waiver

20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

20.3 No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 17 above.

21. Severability

21.1 If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. Entire agreement

22.1 These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

22.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.

22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in the Contract (whether made innocently or negligently) will be for breach of contract.

22.4 Nothing in this Clause 22 limits or excludes any liability for fraud.

23. Copyright

23.1 All content, graphics, images, sound and any other components of this website (the "Material") are protected by copyright unless otherwise stated. The intellectual property rights and the copyright in the Material is owned exclusively by LOGICSIM LTD. Any unauthorized use of the Material constitutes an infringement of the copyright, trade mark, registered design, trade name and any other intellectual property rights of LOGICSIM LTD.

24. Our right to vary these Conditions

24.1 We have the right to revise and amend these Conditions from time to time.

24.2 You will be subject to the policies and Conditions in force at the time that you order Items from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Items).

25. Law and jurisdiction

25.1 Contracts for the purchase of Items through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the English courts.