Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of: (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability; and (b) 100 Pounds Sterling. The above limit shall not apply to items eligible for payment and shipping services, where the total shall be up to the item’s agreed purchase price only.