The Face Mask Store: Terms & Conditions

Below are the detailed clauses that can be incorporated into The Face Mask Store’s Terms & Conditions. These clauses should be inserted into the website’s T&Cs (likely in the “Conditions of Sale” or similar section), and customers should be required to accept them before placing orders. The language is drafted to be clear and enforceable, reflecting the summary above.

1. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

“The Face Mask Store” (also “we”, “us” or “seller”): Refers to TheFaceMaskStore.co.uk, operated by [Company Name], including its website and any affiliated sales channels.

“Customer” (or “you”): Any person or entity purchasing or attempting to purchase products from The Face Mask Store. This includes individuals, companies, organizations, and in particular business customers. (For avoidance of doubt, these Terms apply to business-to-business (B2B) transactions; separate terms may govern consumer sales.)

“Product(s)”: Any item offered for sale on our website, including but not limited to face masks, respirators, personal protective equipment (PPE), and related healthcare or safety products. This definition covers all brands and models of products we sell (including products manufactured by third-party suppliers).

“Competitor Manufacturer”: Any business or entity that manufactures or produces products which are similar to or in competition with the Product(s) we offer on our site. This term includes companies that manufacture face masks, respirators, or comparable PPE/medical products that compete in the same market as any of our products. It also includes any agent, representative or affiliate acting on behalf of such a manufacturer. For example, a major PPE manufacturer that produces N95/FFP3 masks would be considered a Competitor Manufacturer in relation to our mask products.

“Competitive Purpose”: Any purpose related to developing, producing, improving, or marketing a product that competes with our Product(s). This includes activities such as reverse engineering a Product to discover its design or components, conducting analytical testing to compare performance with a competing product, or using information gleaned from a Product to assist in the manufacture of a similar item.

“Reverse Engineering”: Taking apart or analyzing a Product (including its materials, components, design, or software/firmware if applicable) to discover how it is made or functions, including any process of decompiling, disassembling, or testing with the aim of obtaining proprietary information.

“T&Cs”: Refers to these Terms and Conditions of sale, including all clauses herein. These T&Cs govern all sales and use of the site.

(Additional relevant terms may be defined elsewhere in these T&Cs. All defined terms apply whether capitalized or not.)

2. Prohibition on Sales to Competitor Manufacturers

2.1 Restricted Buyers – Competitors

The Face Mask Store does not sell Product(s) to any Competitor Manufacturer. If you are a manufacturer (or an agent of a manufacturer) of goods that compete with any of our Product(s), you are not permitted to purchase products through our website. This restriction is in place to protect legitimate business interests, including intellectual property and confidential product information, and to prevent the use of our Product(s) for unauthorized competitive purposes (as detailed below). We reserve the right to reject any order that we determine (in our reasonable judgment) is placed by, or on behalf of, a Competitor Manufacturer.

2.2 Applicability to All Products

This prohibition applies to all Product(s) available on our site, across all brands and suppliers. It is not limited to any one manufacturer’s products. For example, if we sell products from Supplier A and Supplier B, a manufacturer that competes with Supplier A may not purchase Supplier A’s products from us, and similarly a manufacturer competing with Supplier B may not purchase Supplier B’s products, etc. All manufacturers of competing products are equally restricted from purchasing any items from our catalogue that compete with their own lines. (This ensures a uniform, non-discriminatory application of the policy to all relevant products and competitors.)

2.3 Order Cancellation/Refusal

We explicitly reserve the right to refuse service or cancel any order if we have reason to believe the purchaser is a Competitor Manufacturer or acting on behalf of one. This right may be exercised at any point in the order process (before or after acceptance of the order). If such an order is canceled, we will notify the Customer (see Section 8 for Notification) and provide a full refund of any amounts paid. The criteria for identifying restricted buyers will be based on objective information (such as the Customer’s business name, address, email domain, or known affiliations) and will be applied consistently to avoid any arbitrary or unfair discrimination. (In line with competition law guidance, our refusal criteria are clear and uniform, targeting only competitor status to serve a legitimate purpose.)

2.4 No Circumvention

Customers shall not attempt to circumvent this restriction by using third parties or false information. If you are aware that your purchase is intended (directly or indirectly) for a Competitor Manufacturer, or if you are purchasing on behalf of a third party, you must disclose this. Any attempt to conceal the involvement of a Competitor Manufacturer in an order is a material breach of these T&Cs. We reserve the right to refuse or cancel orders suspected of such circumvention, and to take further action as appropriate.

2.5 Legitimate Purpose

The restrictions in this Section 2 are aimed at preventing commercial misuse and protecting intellectual property, not to hinder legitimate end-use or ordinary commerce. We impose these limits only to the extent necessary to protect our Products’ integrity and our suppliers’ know-how. This policy is grounded in the principle that a supplier or its authorized distributor may lawfully restrict sales to a rival manufacturer who would use the products to produce competing goods. By accepting these T&Cs, you acknowledge that such restriction is reasonable and enforceable in the context of our business relationship.

3. No Reverse Engineering or Competitive Use

3.1 Prohibition on Reverse Engineering

By purchasing any Product from The Face Mask Store, the Customer agrees not to reverse engineer, decompile, disassemble, or otherwise analyze the Product to ascertain its design, composition, construction, or underlying technology. Any form of analysis aimed at discovering proprietary information, trade secrets, or intellectual property embodied in the Product is expressly prohibited. This clause applies to both the physical components of the Product and any software, firmware, technical documentation, or packaging that comes with the Product.

3.2 No Use for Competitive Product Development

The Customer further agrees that Products purchased will not be used for any Competitive Purpose. Specifically, you shall not use any Product (or information derived from it) to develop, design, manufacture, modify, or test any product or service that competes with the Product or with any of the Product lines we offer. This includes using a Product as a benchmark in competitive comparisons intended for product development, or extracting design features to incorporate into a competing product. Such activities are strictly forbidden as a condition of sale.

3.3 No Indirect Use

You shall not facilitate or allow any third party to engage in the activities prohibited in this Section 3 with respect to Product(s) you have purchased. For example, you may not purchase our Product(s) and then provide them to a competitor or a consulting firm for reverse engineering or analysis. You must also ensure that your employees, contractors, or agents who may handle the Product are aware of and abide by these restrictions.

3.4 Intellectual Property Rights

All intellectual property rights in the Product(s) (including patents, designs, trademarks, and copyrights) remain the property of the respective manufacturers or rights holders. Purchase of Product(s) does not transfer any intellectual property license or rights to the Customer, except the right to use the Product for its intended purpose as a finished good. Any unauthorized use of the Product to extract or utilize intellectual property (such as replicating a patented design or proprietary material formula) will constitute both a breach of contract and may infringe IP rights under law.

3.5 Enforcement

Any breach of this Section 3 will be treated as a serious violation of these T&Cs. The consequences of breach are detailed in Section 7 (Enforcement), but may include legal action such as injunctive relief to prevent further misuse, and claims for damages for any losses incurred due to the breach (including loss of intellectual property value or competitive harm). (This “No Reverse Engineering” clause protects trade secrets and proprietary technology. It is common to include such clauses to deter unauthorized deconstruction of products. The restriction is made explicit here to emphasize that purchasing from our site is conditional upon not using the product in any way that would unfairly compete with or harm the supplier’s legitimate interests.)

4. Scope and Application of Policy

4.1 Universal Application (All Products & Customers)

The above restrictions (Sections 2 and 3) apply to all Product(s) sold on The Face Mask Store and to all Customers, regardless of their location. Whether you are based in the UK or internationally, and whether you are buying one item or in bulk, these terms must be observed. These clauses form part of our standard Terms and Conditions and by placing an order you agree to abide by them.

4.2 B2B Focus

These provisions are primarily directed at business-to-business transactions. We expect that Competitor Manufacturers or those engaging in reverse engineering would typically be businesses rather than individual consumers. If you are purchasing as or on behalf of a business, you represent that you have authority to bind the business to these terms. (If you are a consumer purchasing for personal use, our standard consumer terms apply; however, any attempt by a consumer to engage in the prohibited activities (e.g., to assist a competitor) would still fall under these prohibitions.)

4.3 Incorporation into Contracts

Every sale or supply of Product(s) by The Face Mask Store is subject to these T&Cs. These terms are incorporated by reference into all transactions. You will be required to accept the Terms and Conditions at the point of checkout or order placement. If you have a separate written contract or distributor agreement with us, these clauses (or similar provisions) shall be deemed incorporated into that contract as well, unless that contract expressly supersedes these terms in writing.

4.4 Geographical Reach

The restrictions set out in Sections 2 and 3 are not limited by geography. They apply regardless of the country from which a Customer accesses our site or to which we ship the Products. The prohibition on competitor purchases and reverse engineering is a condition of sale globally. However, note that Section 6 (Governing Law) below provides the choice of law and forum for disputes.

4.5 Duration of Obligations

The obligations in Section 3 (No Reverse Engineering & Competitive Use) continue even after the sale is completed. In other words, even after you have taken ownership of a Product, you remain contractually bound not to misuse it in the prohibited ways. Section 2 restrictions (Competitor purchase ban) are primarily applicable at or before the point of sale (order stage); however, if a Competitor Manufacturer somehow acquires Product(s) from us in breach of these terms, they will be deemed in material breach and subject to post-sale remedies (see Section 7).

4.6 Interaction with Other Terms

These clauses supplement our other standard terms (e.g., regarding payment, delivery, warranty, returns). In the event of any conflict between these special provisions and any other part of our T&Cs, these provisions shall prevail to the extent of the conflict (given the critical importance of IP protection), except where overridden by mandatory law.

5. Compliance with Laws and Regulations

5.1 Competition Law Compliance

These Terms are intended to be compliant with applicable competition laws. We have carefully crafted the restrictions to fall within lawful parameters. In particular, the prohibition on selling to Competitor Manufacturers is designed to meet the criteria of permissible selective distribution or exclusive supply arrangements under UK competition law. We note that the UK’s Vertical Agreements Block Exemption Order 2022 (SI 2022/516) permits certain restrictions in vertical supply agreements – for example, a supplier may restrict a buyer of components from reselling them to the supplier’s competitors for use in competing goods. By analogy and legitimate business interest, our policy of not supplying finished products to competitor manufacturers is intended to protect innovation and prevent free-riding on our and our suppliers’ R&D, which is a plausible legitimate purpose in line with competition law principles. We will apply this policy uniformly and objectively (as noted) to ensure it does not result in unjustifiable discrimination or restraint of trade beyond what is necessary. In the event that a competition authority or court finds any aspect of these restrictions unenforceable or in violation of competition rules, we reserve the right to amend or suspend the application of the problematic provision to comply with the law (see Section 9 Severability). Our aim is to prevent anti-competitive outcomes while protecting legitimate interests, consistent with the guidance from cases like Up & Running v. Deckers, where overly broad or arbitrary restrictions were struck down. We have therefore built in clarity, legitimate justification, and limited scope to ensure compliance and enforceability.

5.2 Unfair Contract Terms Act & Reasonableness

We recognize that these T&Cs are standard terms applied to our B2B customers, and therefore UCTA 1977 (Unfair Contract Terms Act) may apply to certain provisions. All exclusions or limitations of liability, and all restrictive conditions herein, are intended to satisfy UCTA’s requirement of reasonableness. The parties (by accepting these terms) agree that the clauses herein are fair and reasonable in light of the commercial context. In particular, the Customer acknowledges that: (a) the prohibited activities (buying as a competitor, reverse engineering) are not typical of an ordinary end-user purchase and pose significant risk to the seller’s legitimate interests; (b) the Customer has the opportunity to seek clarification or negotiate (for instance, by contacting us prior to purchase, if they believe a term is unfair); and (c) the allocation of risk and responsibility in these clauses reflects a balanced approach (e.g., we do not exclude liability for our own negligence by imposing these restrictions, we are simply restricting certain conduct by the buyer). No term in this agreement is intended to exclude or limit liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under law. Any liability limitations (such as in warranties or remedies) found elsewhere in our T&Cs are subject to UCTA’s reasonableness test and are incorporated here by reference with that standard in mind.

5.3 Healthcare and Product Regulations

The Face Mask Store is committed to full compliance with all healthcare product regulations applicable to the Products we sell. Our products include high-grade face masks and respirators, which may be classified as medical devices or as personal protective equipment (PPE) depending on their intended use. We (and our suppliers) ensure that such Products carry the necessary certifications (e.g., UKCA or CE markings) and meet the standards required by MHRA and/or PPE regulations. Nothing in these T&Cs shall be construed to require a Customer to violate any law or regulatory obligation. Likewise, these terms do not authorize the resale or use of Product(s) in any manner contrary to applicable regulations. For example, if a mask is sold as a certified medical or PPE product, the Customer shall not remove regulatory labels or documentation, nor resell it without ensuring compliance with relevant laws (such as providing required instructions or maintaining traceability if you are a distributor). If the Customer is outside the UK, they are responsible for complying with any local regulatory requirements for import, use, or resale of the Product in their jurisdiction. We will cooperate with regulatory authorities as required (including any MHRA obligations regarding product tracking, adverse event reporting, or recalls). The Customer agrees to provide reasonable cooperation or information if needed to fulfill regulatory duties (for instance, confirming the end-user in case of a recall for a medical device).

5.4 No Conflict with Mandatory Law

In the event any provision of these T&Cs is found to conflict with a mandatory legal requirement (be it competition law, contract law, consumer protection law, or product regulation), the legal requirement will take precedence, and the conflicting provision shall be deemed modified or severed to the extent necessary to comply (per Section 9 below). The remainder of the T&Cs will remain in effect. This ensures that our contract respects all overriding legal obligations while still giving maximum effect to our intended protections.

6. Rights to Refuse Orders and Terminate Supplies

(Note: Some aspects of this have been touched on in Section 2.3, but this section consolidates and expands our rights regarding order refusal and termination.)

6.1 Order Screening

We reserve the right to screen orders prior to acceptance. This may include reviewing the Customer’s provided information (such as the company name, business address, VAT number (if any), and email domain) to determine if the Customer might be a Competitor Manufacturer or otherwise engaged in a prohibited activity. We may also review the ordering history and any communications with the Customer. This screening is done to uphold the integrity of these T&Cs and will be performed in a nondiscriminatory manner. We do not unlawfully discriminate against any Customer; the sole purpose is to identify orders that violate Sections 2 or 3 of these T&Cs and objectively refuse those orders.

6.2 Refusal of Order

If our screening or any subsequent information gives us a reasonable basis to believe an order violates our T&Cs (for example, the buyer is identified as a Competitor Manufacturer, or the order is unusually large in a pattern suggestive of procurement for reverse engineering), we may refuse to accept the order or cancel it if already accepted. We will promptly inform the Customer of such refusal or cancellation, citing the relevant provision (e.g., “Order refused pursuant to Section 2 of our Terms and Conditions: Prohibition on Sales to Competitors”). The Customer will not be charged for any canceled order, or if payment was already made, we will issue a full refund. We shall have no further liability for such a refusal/cancellation beyond refunding the purchase price (and any shipping fees) paid.

6.3 Ongoing Suspension of Supply

In addition to per-order refusal, The Face Mask Store reserves the right to suspend or terminate our business with any Customer who is found to be (or suspected of being) a Competitor Manufacturer or who has breached Section 3 (Reverse Engineering prohibition). This means we may cancel any pending orders and decline any future orders from such Customer. Such a decision would be based on substantial evidence (e.g. confirmation that the customer’s business involves competing manufacturing, or evidence of reverse engineering activity). We will apply this consistently: any competitor identified will be refused business, not only specific ones, to ensure fairness and consistency in enforcement. This policy of suspension is to prevent ongoing risk to our suppliers’ IP and is considered an objective measure for protecting our legitimate interests.

6.4 Exceptions / Waivers

Under very limited circumstances, we reserve the discretion to allow a sale to a business that might technically fall under “Competitor Manufacturer” if we determine that the sale is for a genuine legitimate use that poses no competitive threat. For example, if a manufacturer of a different type of product (not actually competitive in practice) orders masks for internal safety use (consumption by their employees) rather than for R&D, we may, on a case-by-case basis, permit the sale. Any such exception would require the buyer’s written assurance of the purpose (and possibly an additional agreement not to use competitively). However, the default position is refusal, and any exception must be approved by a senior manager in writing. This clause is included to show that we have considered reasonableness and are not enforcing the policy mechanistically where it clearly would not serve its intended purpose (i.e., we remain open to genuine, non-harmful transactions). No waiver in one instance shall constitute a general waiver of the policy or any right – we reserve the right to enforce these terms strictly in all other cases.

6.5 Objective Criteria & Documentation

We maintain internal criteria and records for decisions to refuse or cancel orders. In line with competition law guidance, our refusal of supply is based on pre-defined criteria that are relevant to the Product market and quality concerns (here, the protection of IP and avoiding supply to competitors). We document reasons for each refusal to ensure we can demonstrate that decisions were made objectively and not for any anti-competitive collusion or arbitrary reason. This also helps us periodically review whether the criteria remain appropriate and law-compliant (see Section 7.4 on Review). (This section reinforces our objective and transparent enforcement of the no-sale policy, echoing the need for “clear, non-discriminatory criteria” as emphasized by the CAT. It also provides practical guidance on how we handle orders, which improves predictability and fairness.)

7. Enforcement, Remedies, and Review

7.1 Enforcement Tiers

We employ a tiered enforcement approach to ensure that responses are proportionate to the nature of any violation:

Tier 1 – Preventative Enforcement: This includes measures like the order screening and refusals described in Section 6. Our first line of defense is to prevent a prohibited transaction from occurring. This is a low-level enforcement that avoids issues before they happen (e.g., canceling an order by a competitor).

Tier 2 – Warning and Clarification: If we suspect a breach but it’s not clear-cut, or if a Customer may not have understood the terms, we may issue a warning or seek clarification. For instance, if a small company places a large technical order that raises flags, we might contact them to confirm they are not a competitor and remind them of the policy before fulfilling the order. This gives the Customer a chance to explain or agree to comply.

Tier 3 – Post-Sale Remedies: If a sale has gone through and we later discover it was to a Competitor Manufacturer or that the Product is being used in prohibited ways, we will take remedial action. This can include: (a) Demanding immediate cessation of the prohibited use (e.g., stop any reverse engineering activities); (b) Requiring return or destruction of any products or materials derived from them (for example, if a competitor obtained our mask and produced a report or prototype based on it, we may demand those be destroyed); and/or (c) Banning the Customer from future purchases. We will communicate such demands in writing, referencing our legal rights under these T&Cs.

Tier 4 – Legal Action: For serious breaches or if a Customer refuses to comply with Tier 3 demands, we will escalate to formal legal action. This may include seeking an injunction from a court to immediately halt any forbidden use of our Products (to prevent further harm) and/or filing a lawsuit for damages. Damages could cover lost profits, lost opportunity, diminution of IP value, investigative costs, and legal fees as permitted. We may also notify the relevant product manufacturer (if we are a distributor) so they can consider direct action for IP infringement or breach of their rights.

This tiered approach ensures that enforcement is effective yet reasonable – minor or unintentional issues can be resolved with warnings, while willful or harmful breaches are met with strict action.

7.2 Injunctive Relief

The Customer acknowledges that a breach of Sections 2 or 3 (competitor purchase ban or reverse engineering use) would cause irreparable harm to us and/or our suppliers, which may not be adequately compensable by money damages. Therefore, in the event of an actual or threatened breach, we shall be entitled to seek injunctive relief and/or specific performance from a court of competent jurisdiction, in addition to any other remedies available (including damages). The Customer consents to the granting of such injunctive relief to restrain any breach (or potential breach) of these terms, without the necessity of us posting any bond (to the extent such bond may be waived under applicable law). This provision in no way limits any other rights we have; it simply affirms that equitable remedies are appropriate due to the unique nature of the harm (e.g. loss of trade secrets or competitive advantage).

7.3 Damages and Indemnification

In addition to injunctive relief, if a Customer breaches these terms, they shall be liable for any damages suffered by The Face Mask Store or its suppliers as a result. This may include (but is not limited to) the cost of any investigations, loss of sales or market share due to copied products, damage to goodwill or brand (if a competitor’s misuse leads to confusion or quality issues in the market), and legal costs incurred in enforcement. Furthermore, the Customer agrees to indemnify and hold harmless The Face Mask Store and its suppliers from any third-party claims arising out of the Customer’s breach of Sections 2 or 3. For example, if the Customer’s unauthorized reverse engineering or misuse of a Product leads to a third-party legal claim (such as patent infringement or product liability claim against our supplier), the Customer shall indemnify us for any losses or expenses incurred due to that claim. This indemnity extends to regulatory penalties as well – e.g., if a regulatory body imposes a fine because the Customer exported a Product in violation of export controls or altered a medical device without authorization, the Customer bears responsibility.

7.4 Periodic Review and Updates

We commit to periodically reviewing these policies and their enforcement. At least annually, or sooner if there is a significant legal development, we will assess whether: (a) the definition of “Competitor Manufacturer” and scope of restrictions remain appropriate and not overly broad; (b) our enforcement actions have been effective and fair; and (c) there have been changes in law (competition law, contract law, or industry regulations) that necessitate an update to these terms. For instance, if competition law authorities issue new guidance or if the outcome of Deckers’ appeal in Up & Running v Deckers (if any) further clarifies selective distribution rules, we will incorporate such guidance. Any updates to these T&Cs will be published on our website with a new version number and date. Material changes will be highlighted or communicated to Customers who have active accounts or recent purchases. We maintain a version history (see Section 10) to track changes over time, which helps demonstrate our ongoing compliance efforts. By continuing to use our site or purchase products after an update, Customers agree to the revised terms (but we will always ensure that the latest version is readily accessible for review prior to ordering).

7.5 Internal Training and Compliance

The Face Mask Store will ensure that its staff and any third-party fulfillment partners are aware of these T&Cs and trained on how to enforce them. This includes training customer service and sales teams to identify potential competitor orders, handle refusals politely and consistently, and escalate any suspected breach to management. We will also implement technical measures where possible (e.g., flagging orders to certain company names or email domains, akin to watch-lists, while respecting privacy laws). Our enforcement processes will be documented internally, and compliance will be monitored by [responsible department, e.g. Legal/Compliance team]. (Through review and training, we reinforce that these terms are a living part of our business practice, not just words on paper. This proactive stance improves enforceability and demonstrates reasonableness, showing we regularly assess and justify the ongoing need for the restrictions.)

8. Notifications and Communication

8.1 Order Cancellation Notice

In the event we cancel an order under these T&Cs (e.g., because the Customer is a Competitor Manufacturer), we will send a written notice of cancellation to the email address on file for the order. The notice will reference the specific clause of our T&Cs that prompted the cancellation (for transparency). For example, we may write: “We regret to inform you that Order #1234 has been canceled pursuant to Clause 2.1 of our Terms and Conditions, which prohibits sales to manufacturers of competing products.” We will keep the tone professional and factual. A template for such a notification is provided in Section 11 of these T&Cs for consistency and courtesy.

8.2 Customer Inquiries

If a Customer has questions about these T&Cs – for instance, if you are unsure whether you qualify as a Competitor Manufacturer or have an intended use that might be borderline – we encourage you to contact us in advance of purchase. We will make a good-faith effort to respond and clarify how the terms apply. Any such communications should be directed to [insert contact information, e.g. an official customer service or legal department email]. Seeking clarification will not automatically result in refusal; we value transparency and will not penalize an inquiry. In fact, proactive communication is appreciated and can prevent misunderstandings.

8.3 Dispute Resolution Contact

If you believe we have unfairly refused an order or you dispute that you fall under the Competitor Manufacturer definition, you may escalate the matter to [designated manager or legal counsel] at [contact]. We will review any such concerns promptly and in good faith. While our decision criteria are as stated in these terms, we are open to considering any evidence or assurances you can provide. This internal review process does not prejudice either party’s legal rights but serves as a means to potentially resolve issues amicably and swiftly.

9. Severability and Continuation

9.1 Severability

Each clause and sub-clause of these T&Cs is severable. If any provision (or part thereof) is judged by a court or competent authority to be illegal, invalid, or unenforceable under applicable law, then that provision will be deemed removed or modified to the minimum extent necessary so that it becomes valid and enforceable. To the extent permissible, the invalid provision will be replaced by a valid provision that closest reflects the original intent and economic effect, consistent with applicable law. The rest of the T&Cs shall remain in full force and effect. In other words, an invalid clause does not nullify the entire agreement – all remaining provisions continue binding the parties.

9.2 Blue-Pencil

If such modification as described above is not possible, the offending clause (or offending part of a clause) shall be “blue‑penciled” (struck out) and ignored, and the rest of the contract will be interpreted as if that invalid part never existed. The parties agree that they would have entered into the agreement and each provision herein even without any provision that is determined to be unenforceable, given the importance of the overall framework.

9.3 Enforceability Standards

We have endeavored to draft these terms to be reasonable and enforceable. The parties agree that if any challenge is brought (e.g., by a Customer challenging the competitor ban as void), a court or tribunal should, to the maximum extent permitted, give effect to the terms as written because they serve legitimate purposes and have been crafted in consideration of relevant laws and fairness standards. Should a court find any term to be on the borderline of enforceability, we ask that the interpretation that upholds its enforceability be favored (for example, by reading a broad term in a narrower reasonable way rather than voiding it entirely). This reflects the parties’ intention to prioritize enforceability and mutual confidence in these provisions’ necessity. Both parties acknowledge that the restrictions herein are appropriate in scope and necessary for protecting interests, and thus shall be enforced to that extent.

10. Governing Law and Jurisdiction

(Standard clause, included here for completeness and because it relates to enforceability across UK/international.)

10.1 Law

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales. This choice of law is made notwithstanding the international nature of our Customer base, and is chosen to provide certainty and consistency. The U.N. Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

10.2 Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs or their subject matter. However, nothing in this clause shall limit our right to seek injunctive relief (as noted in Section 7.2) in any appropriate jurisdiction to protect our intellectual property or confidential information, especially if the breach occurs or is threatened outside of England and Wales. Customers based outside the UK acknowledge that they can be sued in England under these terms and that enforcement of any English judgment may be sought in their local jurisdiction as needed.

11. Version, Updates, and Acknowledgment

11.1 Version and Publication

This is Version 1.0, issued on 24 July 2025. It supersedes any prior terms or policies related to competitor purchases or reverse engineering (if any existed). These terms are published on our website: https://thefacemaskstore.co.uk/terms-conditions/ and are made available to the Customer at the time of purchase for review and acceptance.

11.2 Updates

We may update or amend these T&Cs from time to time. Significant changes (especially those that might impose new restrictions or obligations on Customers) will be communicated via the website and/or email notification to account holders. We will update the version number and effective date accordingly. Archived versions: A history of previous versions (with dates) will be maintained by The Face Mask Store for reference for at least six years, to track the evolution of the terms and to provide transparency. Customers are encouraged to check the latest T&Cs before making a purchase, as continuing to order after an update constitutes acceptance of the new terms.

11.3 Acknowledgment of Terms

By clicking “I Accept” or by otherwise placing an order, you acknowledge that you have read, understood, and agree to these Terms and Conditions. This includes acknowledging the specific restrictions on purchase and use. If you do not agree or if you are unable to comply, you must not proceed with the order. These T&Cs form an integral part of the sales contract between you and The Face Mask Store.