Terms and Conditions

SECTION 1 : CONSUMERS

VICTORIA & ALBERT BATHS LIMITED (TRADING AS ‘VICTORIA+ ALBERT’)

TERMS AND CONDITIONS OF ONLINE SALES FOR CONSUMERS

Date of last update: [18th June] 2020

1  THESE TERMS AND CONDITIONS

  • These are the terms and conditions on which we supply products to consumers (not businesses) on this website. If you are a consumer, these terms and conditions apply to any purchase you make on this website; please ensure that you have read and understood these terms and conditions before you submit an online order. If you are a business, please scroll to section 2 below to go to our Terms and Conditions of Sale for Business Customers.
  • Our website is solely for the promotion and sale of our products in mainland UK. We only accept orders from customers, and make deliveries to addresses, in England, Wales and Scotland. We do not accept orders from or deliver to addresses outside of mainland UK.

2 INFORMATION ABOUT US

  • We are Victoria & Albert Baths Limited (trading as ‘Victoria + Albert’), a company registered in England and Wales with company number 05839969 and with our registered office address at Unit B, Hortonwood 37, Telford, Shropshire, TF1 7XT, England. Our VAT number is GB 884 2502 16. We operate this website: www.vandabaths.com and the associated microsite at vandabaths.com.
  • You can contact us by phone on 01952 221 100, by email us at info@vandabaths.com, or by writing to us at Unit B, Hortonwood 37, Telford, Shropshire, TF1 7XT, England.

3 OUR CONTRACT OF SALE WITH YOU

  • A legally binding contract is made between you and us if you place an order on our website and we accept that order (in writing or on the telephone).
  • If we are unable to accept your order, we will inform you of this in writing or on the telephone and you will not be charged for your order. If we accept your order, we will inform you of this in writing or on the telephone and you will be provided with an order number.
  • If you place and we accept an order for a product that we are unable to provide (for example, due to technical problems or changes in relevant laws and regulatory requirements) we will contact you as soon as possible to offer an alternative product. If the alternative is not acceptable to you, you may choose to end your contract (please see paragraph 6 below for more information on your rights to end a contract). In these circumstances, we will refund any sums that you have paid in advance.
  • If you wish to make a change to your order after it has been accepted, please contact us without delay and 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, the timing of supply or anything else which would be necessary as a result of your requested change, and we will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are not acceptable to you, you may choose to end your contract (please see paragraph 6 below for more information on your rights to end a contract).
  • We may end the contract at any time by writing to you if: (i) you do not make any payment to us when it is due; (ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; (iii) you do not, within a reasonable time, allow us to deliver the products to you; or (iv) you otherwise breach these terms and conditions.

4 OUR PRODUCTS

  • We make every effort to ensure that the descriptions and images of our products on our website are as accurate as possible. However, product images are illustrative online and your product may vary slightly from those images. We cannot guarantee that your device will display the colour of a product accurately. All sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
  • If we are making bespoke or personalised products as part of your order, you are responsible for checking and ensuring that your instructions to us and the information that you provide to us are accurate, including any measurements or specifications. It may not be possible for us to accept a change in instructions if a product has already been made or is in production.

5 DELIVERIES

  • We may need certain information from you so that we can supply the products to you, for example, your address and contact details. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of request.
  • The costs of delivery will be as displayed to you on our website and in the email acknowledging receipt of your order.
  • During the order process we will let you know when we will deliver the products to you. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know that there may be a delay and we will take steps to minimise the effect of the delay. So long as we contact you in this way 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 that you have paid for but not received.
  • All deliveries are made curbside to the delivery address provided by you to us. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. If, after a failed delivery to you, you do not re-arrange delivery then we will contact you for further instructions and we may charge you for any further delivery costs that we incur. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery then we may end the contract (please see paragraph ‎‎5 for more information on when we may need to end the contract).
  • You own a product once we have received payment for it in full. A product will be your responsibility from the time it has been unloaded curbside at the address for delivery as provided by you to us.

6 HOW TO END A CONTRACT WITH US, RETURNS AND REFUNDS

Your right to cancel a contract:
(i) For most products (but not all products), you have fourteen (14) days from receiving your products to change your mind and cancel your order to receive a refund. You do not have a right to change your mind in respect of products that have been made to order or made-to-measure, that are bespoke or personalised.
(ii) You must allow us to collect the products within fourteen (14) days of telling us you wish to end the contract. To do so, please arrange a collection of the concerned products with our customer service team by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com. Regrettably, we do not accept returns by post, courier, or in-person.
(iii) You will be responsible for paying the costs of return in these circumstances. We will charge you for the direct cost to us of collection by deducting that charge from your refund.
(iv)  We will refund you the price that you paid for the products including delivery costs (the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer), by the method you used for payment. However, we may make deductions from the price to reflect any reduction in the value of the products if this has been caused by you handling them in a way which would not be permitted in a shop.
Your right to return faulty or misdescribed products
(i) If the products that you receive are faulty or misdescribed, you may have a legal right to end the contract, and to either get a refund, repair or replacement (if possible). During the expected lifespan of your product your legal rights entitle you to the following:
Up to thirty (30) days: if your products are faulty, then you may request a refund.
Up to six (6) months: if your products can't be repaired or replaced, then you may request a refund in most cases.
Up to six (6) years: if your products do not last a reasonable length of time you may be entitled to some money back.
(ii) To end your contract with us as described under this paragraph please let us know as soon as possible by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com.
(iii) You must return the products by allowing us to collect them from you. To do so, please arrange a collection of the concerned products with our customer service team by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com. Regrettably, we do not accept returns by post, courier, or in-person.
(iv)  We will pay the costs of return if you are cancelling the contract in accordance with this paragraph ‎6.2.
Other rights
(i)  You may be able to end our contract if:
      (a) We have accepted an order but we are unable to deliver the product as described, at the price advertised, or within a reasonable timeframe, and you do not wish to proceed with the order on new terms. In this circumstance, you will be entitled to a refund.
      (b) We have told you about a change to these terms and conditions that impacts a current contract of sale that you have with us, that you do not agree to. In this circumstance, you will be entitled to a refund.
(ii) To end your contract with us as described under this paragraph please let us know as soon as possible by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com.
(iii) You must return the products by allowing us to collect them from you. To do so, please arrange a collection of the concerned products with our customer service team by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com. Regrettably, we do not accept returns by post, courier, or in-person.
(iv)  We will pay the costs of return if you are cancelling the contract in accordance with this paragraph ‎6.2(iv).
Refunds
We will make any refunds due to you as soon as possible. If the products you ordered have not yet been dispatched to you, your refund will be made within fourteen (14) days of you telling us that you would like to end the contract. If the products have been dispatched to you, and need to be returned to us, your refund will be made within fourteen (14) days from the day on which we receive the products back from you.

7 PRICE AND PAYMENT

  • The price of a product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. If we find that product has been incorrectly priced, we will contact you without delay.
  • We accept payment via PayPal.
  • You must pay for the products before we dispatch them; products will not be dispatched to you until payment has been received in full. We will not be responsible for any delay in dispatch or delivery caused as a result of your delayed payment.

8 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  • We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; or for defective products.
  • If we fail to comply with these terms and conditions, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking of this contract or our failing to use reasonable care and skill, but (subject to paragraph 1) 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, for example, if you discussed it with us during the sales process.
  • We are not liable for business losses. We only supply the products to you for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9 COVID-19 EVENT

  • This paragraph 9 addresses the global Covid-19 pandemic (otherwise known as Coronavirus and/or Novel Coronavirus). Various governments and authorities across the globe have implemented strict measures to prevent the spread of Covid-19 (including the closure of certain businesses, and restrictions on the movement of people and/or certain goods).
  • Notwithstanding anything to the contrary herein, we shall not be liable (whether in contract, tort or otherwise) for any failure and/or delay in performance of any obligations under these terms and conditions or our contract of sale which arises as a result of or in connection with any new or amended (i) government measures, recommendations or requirements relating to Covid-19; or (ii) local measures, recommendations or requirements implemented in accordance with applicable law, that were not in force prior to the effective date of our contract of sale and excluding any time extensions to any measures referred to in (i) and (ii) above which were already in force at that effective date (“Covid-19 Event”).
  • A Covid-19 Event shall include (but is not be limited to) the following: (i) closure of warehouses and/or other essential locations required for the provision of and/or receipt of goods; (ii) restrictions impacting on the manufacture, sale and/or supply of the goods; (iii) an inability to receive and/or distribute and/or provide products (including the goods); (iv) material shortage of personnel to the extent that they cannot provide and/or receive the goods remotely which means we cannot reasonably fulfil our obligations under these terms and conditions or our contract of sale; and/or (v) embargo and/or any other trade restrictions which prevent the supply or purchase of goods.
  • If we suffer a Covid-19 Event, we will notify you of the same as soon as reasonably practicable and use reasonable endeavours to mitigate the impact of the Covid-19 Event.

10 DATA PROTECTION

  • We will only use your personal information as set out in our Privacy Policy which can be found here 

11 COMPLAINT HANDLING

  • If you are unhappy with an order or any aspect of our order process, please contact us without undue delay and we will work to resolve the issue with you.
  • Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you are entitled to submit a dispute for online resolution to the European Commission Online Dispute Resolution

12 OTHER IMPORTANT TERMS

  • We may transfer our contract to another organisation; we will always tell you in writing if this happens and ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract. You need our consent in writing to transfer your rights to someone else.
  • This contract is between you and us and no other person shall have any rights to enforce any of its terms.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later.

13 GOVERNING LAW AND JURISDICTION

13.1 These terms and conditions and the contract are governed by English law.

13.2 You can bring legal proceedings in respect of the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.

 

MODEL CANCELLATION FORM

If you wish to end your contract with us, you can complete this form and return it to us. You are not required to use this form. Alternatively, you can contact us by phone on 01952 221 100 or by email at info@vandabaths.com.

To: Victoria & Albert Baths Limited
Unit B, Hortonwood 37, Telford, Shropshire, TF1 7XT, England
info@vandabaths.com

I hereby give notice that I cancel my contract of sale of the following products : ……………………………………………(insert description of the products on the order that you wish to cancel)

Ordered on: ……………………………………………(insert date)

Received on: ……………………………………………(insert date)

Name of consumer: …………………………………………… (insert your full name)

Address of consumer: …………………………………………… (insert your address)

Signature of consumer: …………………………………………… (only if this form is notified on paper)

Date: ……………………………………………(insert date)

 

SECTION 2 :BUSINESS CUSTOMERS

 VICTORIA & ALBERT BATHS LIMITED (TRADING AS ‘VICTORIA + ALBERT’)

TERMS AND CONDITIONS OF ONLINE SALES FOR BUSINESS CUSTOMERS

Date of last update: [18th June] 2020

1 THESE TERMS AND CONDITIONS

  • These are the terms and conditions on which we supply goods to businesses (not consumers) on this website. If you are a customer, please scroll to section 1 above to go to our Terms and Conditions of Sale for Consumers.
  • If you are a business, these terms and conditions apply to any order that you make on this website and any goods that we supply to you thereunder. No other terms are implied by trade, custom, practice or course of dealing.
  • These terms and conditions are made in the English language only.

2 INFORMATION ABOUT US

  • We are Victoria & Albert Baths Limited (trading as ‘Victoria + Albert’), a company registered in England and Wales with company number 05839969 and with our registered office address at Unit B, Hortonwood 37, Telford, Shropshire, TF1 7XT, England. Our VAT number is GB 884 2502 16. We operate this website: www.vandabaths.com and the associated microsite at shop.vandabaths.com.
  • You can contact us by phone on 01952 221 100, by email at info@vandabaths.com, or by writing to us at Unit B, Hortonwood 37, Telford, Shropshire, TF1 7XT, England.

3 ORDER AND ACCEPTANCE

  • Each order that you submit on the website is an offer by you to buy the goods specified in the order, subject to these terms and conditions. After you place an order, you will receive an email from us acknowledging that we have received it (please note that this acknowledgement email does not constitute acceptance of your order).
  • We may accept or decline any order in our discretion and without having to provide any reason.
  • If we do not accept your order, we will notify you of this either in writing or by telephone. If you have already paid for goods during the order process, we will refund you the full amount.
  • If we accept your order, we will notify you of this either in writing or by telephone. At this point, a legally binding contract is constituted between you and us. For the avoidance of doubt, a legally binding contract of sale is not concluded unless and until we have accepted your order in writing.
  • The contract of sale and these terms and conditions constitute the entire agreement between us. You acknowledge that you have not relied on any other statement, promise, representation, assurance or warranty.
  • Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. If you wish to vary your order after it has been accepted by us, please contact us without delay. We are under no obligation to accept any variation request. If we do accept a variation request, we will notify you of any changes to the price and delivery arrangement. These changes will be binding on you unless you notify us within two (2) days that you do not wish to proceed with the variation, in which case there shall be no variation to the original order.

4 OUR GOODS

  • We make every effort to ensure that the descriptions and images of our goods on our website are as accurate as possible. However, images are illustrative online and your goods may vary slightly from those images. We cannot guarantee that your device will accurately display the colour of goods accurately. All sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
  • If we are making bespoke or personalised goods as part of your order, you are responsible for checking and ensuring that your instructions to us and the information that you provide to us are accurate, including any measurements or specifications.

5 DELIVERIES

  • We only accept orders from customers, and make deliveries to addresses, in England, Wales and Scotland. We do not accept orders from or deliver to addresses outside of mainland UK.
  • We may need certain information from you so that we can supply goods to you, for example, an address and contact details. We will not be responsible for supplying goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of request.
  • The costs of delivery will be as displayed to you on our website.
  • During the order process we will let you know when we will deliver the goods to you. Delivery will be made within a reasonable time after the date on which we confirm acceptance of your order.
  • All deliveries are made curbside to the delivery address provided by you to us. If you fail to take delivery of the goods on the date of delivery, we are entitled at our discretion to: (i) charge you any and all costs and expenses incurred in storage and additional carriage; and/or (ii) resell part of or all the goods.
  • We are not responsible if our deliveries are affected by Force Majeure Events (see clause 10 for more information). If we fail to deliver goods or delivery is delayed as a result of a Force Majeure Event, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the goods.
  • You own the goods once we have received payment in full, including all applicable delivery charges. Goods will be at your risk from the point of delivery; delivery is complete once the goods have been unloaded curbside at the address for delivery as provided by you to us.

6 HOW TO TERMINATE A CONTRACT WITH US

  • Cancellation
(i)   You may cancel your contract with us and receive a refund if you notify us within three (3) days of delivery of your goods by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com.
(ii)   Please note that this cancellation right does not apply in the case of goods that have been made to order or made-to-measure, that are bespoke or personalised.
(iii)    If you cancel your contract in accordance with this clause ‎6.1 after goods have been dispatched to you and/or you have received them, you must return them to us by allowing us to collect them from you. To do so, please arrange a collection of the concerned goods with our customer service team by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com. Returns are only accepted by our collection; we do not accept returns by post, courier or in-person.
(iv)   You will be responsible for paying the costs of return in these circumstances. We will charge you for the direct cost to us of collection by deducting that charge from your refund.
(v)    We will refund you the price that you paid for the goods (excluding delivery costs) by the method you used for payment. However, we may make deductions from the price to reflect any reduction in the value of the goods if this has been caused by you handling them in a way which would not be permitted in a shop.
  • Faulty or misdescribed goodS
(i)     You may return goods that are faulty or misdescribed, by allowing us to collect them from you. To do so, please arrange a collection of the concerned goods with our customer service team by contacting us by phone on 01952 221 100 or by email at info@vandabaths.com. Returns are only accepted by our collection; we do not accept returns by post, courier or in-person.
(ii)     We will refund you the price that you paid for the goods including delivery costs (the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer), by the method you used for payment.

7 PRICE AND PAYMENT

  • The price of the goods will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the price of goods are correct at the time when the relevant information was entered onto the system. However, it is always possible that goods on our website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price, or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel the order and refund any sums that you have paid.
  • Prices for our goods may change from time to time (changes will not affect any order you have already placed).
  • The price of goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in VAT takes effect.
  • The price of the goods does not include delivery charges (the costs of delivery will be as displayed to you on our website).
  • You must pay for the goods plus any delivery charges in full before we dispatch them; goods will not be dispatched to you until payment has been received in full. We will not be responsible for any delay in dispatch or delivery caused as a result of your delayed payment.
  • We only accept payment via PayPal.

8 WARRANTY

  • We warrant that at the time of delivery the goods will be free from defects in materials and workmanship. We will, at our option, refund the purchase price of or repair or replace any goods which are defective on delivery, provided: (i) you make a full inspection of the goods immediately upon delivery; (ii) you notify us of any damage, defects or short delivery within three (3) days of delivery; (iii) you use the goods in accordance with any instructions or recommendations that we provide from time to time; (iv) the goods have not been adjusted, altered, adapted or repaired by any party other than us; (v) the goods have not been affected by external influences including, without limitation, any installation materials or methods; (vi) the goods are either made available to us for inspection or returned to us for our inspection; and (vii) the defect does not arise from a design, instruction or personalisation request supplied by you.
  • The goods are intended for use only in the UK. We do not warrant that the goods comply with the laws, regulations or standards outside the UK.
  • The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.
  • We will only be liable to you for the goods' failure to comply with the warranty set out in clause 1 to the extent set out in this clause 8.
  • These terms also apply to any repaired or replacement goods supplied by us to you.

9 OUR LIABILITY TO YOU

  • References to liability in this clause 9 include every kind of liability arising under or in connection with the contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
  • We only supply the goods for internal use by your business, and you agree not to use the goods for any resale purposes.
  • We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
  • Subject to clause 3, we will under no circumstances be liable to you for (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
  • Subject to clause 3, our total liability to you for all losses arising under or in connection with the contract will in no circumstances exceed the price that you have paid for the goods.
  • We make no representation or warranty that use of the goods does not infringe the rights of any third party and we accept no liability in this respect.
  • Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the goods. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.

10 FORCE MAJEURE

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any act or event beyond our reasonable control (“Force Majeure Event”).
  • If a Force Majeure Event takes place that affects the performance of our obligations under the contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of goods to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
  • You may cancel a contract affected by a Force Majeure Event which has continued for more than thirty (30) days. To cancel in the event of a Force Majeure Event, please contact us by phone on 01952 221 100 or by email at info@vandabaths.com. You will have to return any goods that you have already received by allowing us to collect them, and we will refund the price you have paid.

11 COVID-19 EVENT

  • This clause addresses the global Covid-19 pandemic (otherwise known as Coronavirus and/or Novel Coronavirus). Various governments and authorities across the globe have implemented strict measures to prevent the spread of Covid-19 (including the closure of certain businesses, and restrictions on the movement of people and/or certain goods).
  • Notwithstanding anything to the contrary herein, we shall not be liable (whether in contract, tort or otherwise) for any failure and/or delay in performance of any obligations under these terms and conditions or our contract of sale which arises as a result of or in connection with any new or amended (i) government measures, recommendations or requirements relating to Covid-19; or (ii) local measures, recommendations or requirements implemented in accordance with applicable law, that were not in force prior to the effective date of our contract of sale and excluding any time extensions to any measures referred to in (i) and (ii) above which were already in force at that effective date (“Covid-19 Event”).
  • A Covid-19 Event shall include (but is not be limited to) the following: (i) closure of warehouses and/or other essential locations required for the provision of and/or receipt of goods; (ii) restrictions impacting on the manufacture, sale and/or supply of the goods; (iii) an inability to receive and/or distribute and/or provide products (including the goods); (iv) material shortage of personnel to the extent that they cannot provide and/or receive the goods remotely which means we cannot reasonably fulfil our obligations under these terms and conditions or our contract of sale; and/or (v) embargo and/or any other trade restrictions which prevent the supply or purchase of goods.
  • If we suffer a Covid-19 Event, we will notify you of the same as soon as reasonably practicable and use reasonable endeavours to mitigate the impact of the Covid-19 Event.

12 COMMUNICATION

  • When we refer to “in writing” in these terms and conditions, this includes email.
  • Any notice or other communication given by one of us to the other under or in connection with the contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
  • A notice or other communication is deemed to have been received: (i) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address; (ii) if sent by pre-paid first class post or other next working day delivery service, at 9:00am on the second working day after posting; or (iii) if sent by email, at 9:00am on the next working day after transmission.
  • The provisions of this clause 11 shall not apply to the service of any proceedings or other documents in any legal action.

13 OTHER IMPORTANT TERMS

  • We may assign or transfer our rights and obligations under the contract to another entity but will always notify you either in writing or by posting on this website if this happens. You may only assign or transfer your rights or your obligations under the contract to another person if we agree in writing.
  • This contract is between you and us and no other person shall have any rights to enforce any of its terms.
  • Each clause of these terms and conditions 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 that you perform any of your obligations under the contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
  • Any variation of the contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

14  GOVERNING LAW AND JURASDICTION

14.1    These terms and conditions and the contract of sale between you and us are governed by English law.
14.2   Each party irrevocably agrees to submit all disputes arising out of or in connection with the contract to the exclusive jurisdiction of the English courts.
1