Terms and Conditions

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Version of June 2019

Web Site Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE CANADA GOOSE WEB SITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These terms and conditions apply to the web site located at www.canadagoose.com and www.canadagoose.com (the “Web Site”) and the design and content featured on this Web Site including text, materials, clothing and other product designs, product information, graphics, artwork, images, so-called “look and feel”, photography, audio and video clips or content, employment opportunities, software, data and other information on this Web Site as may be updated from time to time (the “Content”). By accessing and using this Web Site and the Content, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this Web Site and/or the Content.If you do not agree with these terms and conditions, do not access or use the Web Site or the Content.

Consent and Restrictions

Please note that your use of this Web Site and/or the Content constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Web Site and thereby bypass this Agreement, your use of this Web Site still binds you to the terms of the Agreement. We reserve the right, at any time, to modify, suspend or discontinue our Web Site and/or any Content without notice to you.

Web Site Content Ownership and Permitted Use

The Web Site and Content and all intellectual property rights in the Web Site and Content are owned by Canada Goose Inc. or its affiliates (“Canada Goose, “we” or “us”) or others who have permitted us to display content owned by them. You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial use provided that you do not modify the Web Site, the Content, or any copyright or other proprietary notices on any Content. Notwithstanding the foregoing, music may not be copied except only as necessary to access the Web Site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Web Site or the Content. The Content is protected by law, including, but not limited to, Canadian copyright law and international treaties, trade-marks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved. The Content is for information purposes only, and should not be relied upon as accurate, timely or fit for any particular purpose. Any pricing set out on the Web Site or in the Content is for informational purposes only and is not an offer open for acceptance by you.

Links to Third Party Web Sites

We do not endorse or guarantee the accuracy of content, information or materials contained in any third party’s web site whose link appears in the Web Site. These links are provided for convenience only, and you access the links at your own risk and by accessing them you leave our Web Site and our terms and policies no longer govern. Canada Goose is not liable for such third party web sites or their contents nor does Canada Goose have any control or power over such third party web sites.

Trade-marks

“CANADA GOOSE,” “CANADA GOOSE ARCTIC PROGRAM & Design” and “CANADA GOOSE EXPEDITION CLOTHING OUTFITTERS & Design” and any other trade-marks, trade names, logos, slogans and images are trade-marks of Canada Goose Inc. in Canada and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Canada Goose or the applicable trademark holder.

User Content

By posting or distributing any comment, message, data, information (excluding any information that you submit to us in connection with employment opportunities, which we shall treat in accordance with our Privacy Policy), text, music, sound, photos, graphics, or other content (“User Content”) to the Web Site, you (a) grant to Canada Goose and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world; (b) grant Canada Goose and its sublicensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content to or through the Web Site; (ii) the User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

User Content submitted by users is deemed non-confidential, and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use the User Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for User Content or to attribute authorship of User Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the User Content by Canada Goose or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you release Canada Goose from any claims that you could otherwise assert against Canada Goose by virtue of any moral rights. Canada Goose takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.

Prohibited or Unlawful Use

You represent and warrant that you will not use our Web Site and/or the Content for any purpose that is either unlawful or prohibited by any of these Web Site Terms of Use. You agree not to provide your personal profile sign-in information and password to any person and not to use our Web Site and/or the Content in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of our Web Site. You may not misrepresent your identity as a user or submit any false, misleading or untrue documentation or information to our Web Site. You agree not to send unsolicited or unauthorized advertising, solicitations, spam, junk mail or harvest or collect email addresses or other contact information of other users from the Web Site for the purposes of sending spam. You agree not to reserve engineer any aspect of the Web Site or use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Web Site or to extract data. You agree not to “frame” the Web Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose. Canada Goose, in its sole and unfettered discretion, reserves the right, without prejudice to any rights or claims that we may have against you, to refuse service, terminate accounts, and/or cancel orders for any reason whatsoever, including, without limitation, if we believe that your use of our Web Site contravenes these Web Site Terms of Use, violates applicable law or is harmful to Canada Goose’s interests.

Disclaimer and Limitation of Liability

THE WEB SITE AND THE CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEB SITE OR THE CONTENT IS AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEB SITE OR THE CONTENT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEB SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT CANADA GOOSE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEB SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEB SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEB SITE OR THE CONTENT. CANADA GOOSE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH ANY OF CANADA GOOSE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnity

You agree to forthwith defend, fully indemnify and hold Canada Goose, including its affiliates, subsidiaries, and their respective officers, directors, agents and employees, completely harmless from and against any and all loss, actions, claims, damages, costs and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Web Site, including any Content on the Web Site, and your User Content. This provision shall survive the termination of this Agreement and remain in full force and effect.

Privacy

Please review our practices set-out in our Privacy Policy the terms of which are incorporated herein by reference, which also governs your use of this Web Site.Any personal information you submit to us in connection with your use of this Web Site will be used in accordance with our Privacy Policy.

Review of Transmissions

Canada Goose may, from time to time, monitor and review any information transmitted or received through our Web Site or its associated emails. Canada Goose reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that we, in our sole and unfettered discretion, deem inappropriate or in violation of the these Web Site Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of this Web Site constitutes your consent to such monitoring and review. We take no responsibility nor do we assume any liability for any content posted or submitted by you.

Purchases from the Canada Goose Online Store

If you are making a purchase from Canada Goose’s online store, you hereby confirm that you have read and understood the Canada Goose Terms and Conditions of Sale, the terms of which are incorporated herein by reference, and agree to abide by those terms.

General

This Web Site Terms of Use together with the agreements and policies referenced herein (the “Agreement”), represents the complete agreement between you and us in relation to the matters covered by this Agreement and supersedes all prior agreements and representations between you and us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure by Canada Goose to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Web Site must be brought in the courts of the Province of Ontario located in Toronto, Ontario and you hereby irrevocably attorn to the jurisdiction of the courts in the Province of Ontario for all such purposes.

Terms and Conditions of Sale

These Terms and Conditions of Sale are applicable to the online store (the “UK Online Store”) located at www.canadagoose.com/uk for purchase from the UK Online Store (“Products”). Please read them carefully before placing an order with us.

By placing an order with us, you agree to be bound by, and accept, these Terms and Conditions of Sale. If you do not agree to these Terms and Conditions of Sale, please do not place an order with us.

You must be over 18 years of age to purchase Products from the UK Online Store and, by placing an order with us, you warrant that you are at least 18 years old.

Information about us

All Products available in the UK Online Store are sold by Canada Goose International AG, a company registered in Switzerland with registered number CHE-462.165.681 and whose registered office is at Canada Goose International AG, Baarerstrasse 133, CH-6300 Zug.

You can contact us by telephoning our European call centre on 0800 323 4844, by emailing us at cguk@canadagoose.com or by writing to us at Canada Goose International AG, Baarerstrasse 133, CH-6300 Zug.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you placed your order.

When we use the word "writing" in these Terms and Conditions of Sale, this includes emails.

Ordering process

Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us.

We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.

If we are unable to accept your order, we will inform you of this and will not charge you. This might be because the Product(s) you wish to order are out of stock or otherwise unavailable or because we have identified an error in the price or description of the Product(s). We also reserve the right not to accept your order if we suspect that it contravenes applicable law or has not been placed in good faith.

The UK Online Store is solely for the promotion of Products in the UK (excluding the Channel Islands). Unfortunately, orders for delivery to addresses outside the UK (including the Channel Islands) cannot be placed through the UK Online Store.

We only supply Products for personal use by end users. We reserve the right to limit the quantity of Products purchased by you or to reject your order if we believe that you intend to use any Products for commercial, business or resale purposes and we will notify you accordingly.

Products

The images of Products on the Web Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may therefore vary slightly from those images.

Before placing an order, please ensure that the Product(s) you intend to purchase are compatible for their intended use; you should use the information provided on the Web Site as a reference when checking compatibility. However, please note that we make no representation and give no warranty as to the appropriateness or compatibility of any Product for any particular use.

We do not guarantee the availability of any Product and we reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product, whether before or after acceptance of your order. Please note that some Products may be unavailable even if the Web Site indicates that they are in stock and adding a Product to your basket does not guarantee the availability of that Product. We reserve the right to cancel an order previously accepted by us if it transpires that the Product you ordered is out of stock or otherwise unavailable.

Whilst we take all reasonable care to ensure that the information on the Web Site is accurate, we reserve the right to correct errors or inaccuracies and to change or update such information at any time without notice.

Your rights to make changes

If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product(s) you have ordered, the timing of supply or anything else resulting from your requested change and ask you to confirm whether you wish to go ahead with the change.

Delivery

The cost of delivery for any Products you order will be as displayed to you on the Web Site and/or notified to you when you place an order.

We may let you know during the order process when we will deliver the Product(s) you have ordered to you. If no delivery date is specified during the order process, we will deliver the Products to you as soon as reasonably possible and, in any event, within 30 days after the day on which we accept your order.

If delivery is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

If no one is available at your address to take delivery and the Product(s) cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the Product(s) from a local depot.

If, after a failed delivery to you, you do not re-arrange delivery or collect the Product(s) from a delivery depot, we may end the contract and clause 9.2 will apply.

We reserve the right to charge for redelivery of orders that have not been completed due to you having supplied incorrect address information or where no one is available to take delivery.

All Products ordered by you will be your responsibility from the time we deliver them to the address you gave us. You are responsible for inspecting all Products as soon as possible following delivery and you must notify us immediately (and, in any event, within 72 hours) of any shortages, damage or other deficiencies.

Ownership of Products will pass to you upon delivery to the address you gave us.

Your rights to end the contract

You can end the contract with us if:

  • we have told you about an error in the price or description of the Product(s) you have ordered and you do not wish to proceed;
  • there is a risk that supply of the Product(s) may be significantly delayed because of events outside our control; or
  • you have a legal right to end the contract because of something we have done wrong.

The contract will end immediately and we will refund you in full for any Products which have not been provided.

You have 30 days after the date your order is shipped to change your mind about the Products and receive a refund, although this may be subject to deductions. If Products forming part of the same order are split into several deliveries over different days, you have until 30 days after the date the last part of your order is shipped to change your mind. The Products must remain in good condition and you do not have a right to change your mind in respect of Products which have been used, worn, washed, damaged or otherwise treated in such a way as to make resale impossible (including the removal of original tags or the loss of any accessories, manuals or free gifts that came in the same package). If any returned Products are not deemed to be in a suitable condition for resale, we reserve the right to return them to you and charge a redelivery fee.

How to end the contract with us (including if you have changed your mind)

To end the contract with us, please let us know by doing one of the following:

If you end the contract for any reason after the relevant Products have been dispatched to you or you have received them, you must return them to us. You can request a return shipping label through your order summary in the `my account` - section on the website, OR please call our European call centre on 0800 323 4844 OR email us at cguk@canadagoose.com for a return label. OR Please follow the instructions on the return form located on the packing slip. If you are exercising your right to change your mind, you must return the Products within 30 days of telling us that you wish to end the contract.

We will pay the costs of return:

  • if the Products are faulty or misdescribed;
  • if you are ending the contract for any of the reasons set out in clause 7.1; or
  • if you are exercising your right to change your mind.

In all other circumstances, you must pay the costs of return.

We will refund you the price you paid for the Products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 8.5.

If you are exercising your right to change your mind:

  • we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount; and
  • the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3 to 5 days at one cost, but you choose to have the Product delivered with express shipping at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.

If you fail to comply with any instructions relating to the return of a Product, we reserve the right either to reject your return and decline to refund the purchase price or to deduct from any amount to be refunded to you reasonable repair or other similar direct costs that we have incurred.

Our rights to end the contract

We may end the contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the relevant Products to you.

If we end the contract in the situation set out in clause 9.1, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

Warranty

Products purchased from the UK Online Store are fully warranted to the original owner against defects in material and workmanship beginning at the time of sale and for the lifetime of the Product (“Warranty”). Therefore, if a Product ever fails within its lifetime due to manufacturing defects or workmanship, we will, at our option, repair or replace the Product without charge. For the purposes of the Warranty, “lifetime” means the usual and customary wearable life of the relevant Product by the original owner.

The Warranty does not extend to damage caused by improper care, accidents, normal wear and tear or negligence and will be voided if you remove any labels or if the Product has been tailored or altered in any way.

We may, at our option, choose to offer to repair damage not covered by the Warranty at our usual charge for repairs. If we make such an offer, we will evaluate and communicate such offer to you on inspection by us of the relevant Product prior to any repairs being made.

For questions on Warranty claims, please contact our customer service team at 0800 323 4844.

If there is a problem with a Product

If you have any questions or complaints about a Product, please contact us. You can telephone our European call centre on 0800 323 4844 or email us at cguk@canadagoose.com or write to us at Canada Goose International AG, Baarerstrasse 133, CH – 6300 Zug.

If you wish to exercise your legal rights to reject a Product, you must return it to us as outlined above in clause 8.

Price and payment

All prices for Products are shown on the Web Site in pounds sterling. They include all applicable sales taxes, but exclude delivery fees which will be added to the amount payable by you during the check-out process. The total amount payable by you for the Product(s) you are ordering will be shown on the order page when you place your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the Product you order.

We may change the prices listed on the Web Site at any time without notice and any price increase will apply to all orders placed after such changes take effect.

We will normally check prices before accepting your order. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If the correct price for the Products at your order date is less than our stated price at your order date, you will only be liable for the lower amount and, if you have already paid for the Products, we will refund you the difference. If correct price for the Products at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

We accept payment by MasterCard and Visa branded credit & debit cards including Visa debit, Visa Electron and VPay, as well as by PayPal and Apple Pay. You must pay for the Products before we dispatch them, but we will not charge your credit or debit card or PayPal account until we are ready to dispatch the Products to you.

Our responsibility for loss or damage suffered by you

If we fail to comply with these Terms and Conditions of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and for defective Products under the Consumer Protection Act 1987.

We only supply Products for personal use by end users. If you use the Products for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Use of the Web Site

Your use of the Web Site is governed by our Web Site Terms of Use. Please take the time to read these, as they include important terms which apply to you.

How we may use your personal information

Purchasing Products from the UK Online Store requires that you accept our Privacy Policy and consent to the collection, use and disclosure of your personal information as described in our Privacy Policy. This includes any data that we collect from you being transferred to, and stored and/or processed at, a destination outside the European Economic Area. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

Other important terms

These Terms and Conditions of Sale, together with our Web Site Terms of Use and our Privacy Policy, represent the entire agreement between you and us in relation to the purchase of Products by you and supersede all prior agreements and representations between the parties.

We may transfer our rights and obligations under these Terms and Conditions of Sale to another organisation.

You may only transfer your rights or your obligations under these Terms and Conditions of Sale to another person if we agree to this in writing.

The contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the clauses of these Terms and Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms and Conditions of Sale, or if we delay in taking steps against you in respect of you breaking the contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

These Terms and Conditions of Sale are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms and Conditions of Sale (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are a resident of Scotland, in which case you may bring proceedings in Scotland).