www.luxebrandboutiqe.co.uk is a trade only / wholesale site owned
and operated by Wild & Funk Limited.
In order to purchase goods from this site, you will need to be able to
demonstrate that you are a legitimate reseller with either a retail store(s) or
an established retail website(s).
We reserve the right to reject any orders that we feel are not
'bona fide' trade and to turn down any prospective customer if we feel that
their location could be detrimental to the trading business of an existing
customer.
1 OUR CONTRACT WITH YOU
1.1 These are the terms and conditions (the “Terms”)
on which we, Wild & Funk Limited (“We”, “Us” and “Our”) supply any of Our
products (the “Products”) detailed on Our website at www.luxebrandboutique.com (the
“Site”) to you, in your capacity as a retailer, whether you operate your
business via a physical retail shop or e-commerce website. The supply of
Products to you is strictly for commercial or business use or resale.
1.2 We may ask you to prove the existence of your
business and the sales methods that you use in order for Us to establish that
you are a retailer. This may include,
amongst other things, you providing to Us the address of your retail store
and/or a digital photograph of your store front, and/or details of the URL of
your website from which you operate your own e-commerce store.
1.3 You confirm that you have authority to bind any
business or company on whose behalf you use Our Site to order and purchase
Products.
1.4 These Terms will apply to any contract between Us
for the sale of Products to you and replace and supersedes any previous terms
and conditions. We reserve the right to revise these Terms from time to time.
Every time you wish to order Products, please check these Terms to ensure you
understand the terms which will apply at that time.
1.5 We intend to rely on these Terms and any
documents expressly referred to in them in relation to the contract between Us.
While We accept responsibility for statements and representation made by Our
duly authorised employees and agents, please ensure that you ask for any
variations from these Terms to be confirmed to you in writing to avoid any
confusion between us. If you think that there is a mistake or require any
changes to be made to these Terms, please contact Us to discuss this.
1.6 Please read these Terms carefully and make sure
that you understand them. Please check that the details on your order for the
Products and in these Terms are complete and accurate before you confirm any
order for Products with Us or before making payment to Us in accordance with
these Terms. You are responsible for all information provided to Us in relation
to the products ordered and We shall not be responsible for any errors or
missing information in the details that We receive from you.
2. ORDERING
2.1 Your order for Products is made when you place
your order at www.luxebrandboutique.com
including the invoice address and shipping destination (the “Order”). Submitting your Order will generate an
automated response to confirm the order has been received by Us. This does not mean that We have accepted the
order and only serves to re-confirm to you the details of the order you have
placed. Our acceptance of the Order will take place as described in clause 2.3.
2.2 All products are ordered in case pack
multiples. There is a minimum opening
order value of £250 excluding VAT required for any first time Order and a minimum
re-order value of £150 excluding VAT for re-orders. We reserve the right to increase the minimum
order values or introduce Minimum Order Quantities for certain products without
notice although We will endeavour to give notice of any proposed changes in
this respect.
2.3 Once your order is received by us it will be
entered into our inventory system. We will confirm and accept your Order by
emailing you a sales order confirmation. The sales order confirmation will
confirm the details of your Order including; order number, terms, shipping
charges applicable to the Order, the total amount payable or paid by you in
respect of your Order.
2.4 If We are unable to supply you with any
Product(s) ordered We will inform you of this by email as soon as we become
aware of any such issues. If you have pre-paid the Order We will offer You the option
to switch to the nearest alternative or we will refund you the full amount in
respect of the relevant Products as soon as is reasonably practicable. If You have pre-agreed Terms we will offer
you the option to switch to the nearest alternative, cancel or back order the relevant
products from the Order.
2.5 Please check the details set out in the sales
order confirmation carefully as We will not be responsible for any errors or
missing information. Please notify us of
any errors or changes you require within 24 hours quoting your Order number.
2.6 At Our sole discretion, We may agree to provide
credit to you in respect of any Products that you order from Us. In such
circumstances, the provisions of clause 10 shall apply in respect of such
Products.
2.7 Once your order has been confirmed, please allow up
to 3 weeks lead time from ordering to shipping. Please note that any dispatch
and/or delivery date provided are estimates only. We endeavour to meet the delivery time
estimates for completion of the entirety of your Order, but at busy times and
depending upon the number of brands ordered, this may take longer.
2.8 For International Orders for export outside of
Mainland UK, if you are not satisfied with the amount of the shipping charges
that We confirm to you, We can change the incoterms of delivery to Ex-Works to
remove any shipping charges. You may then make your own arrangements for collection
and shipping of your Order. International delivery Orders will not have an
administrative fee where We are required to deal with another carrier and/or
provide the relevant paperwork and export documents.
2.9 Please tick the relevant checkbox at checkout when
prompted to do so to confirm you accept these Terms and Our delivery and return
and cancellation policies. If you refuse to accept these Terms and Our delivery
and return and cancellation policies, you will not be able to order any
Products from Our Site.
2.10 If any of these Terms conflict with any term of
the Order, the Order will take priority.
2.11 You may make a change to the Order for Products
insofar as they are not specially made to order at any time before We dispatch
the Products, by contacting Us. Where this means a change in the total price of
the Products, We will notify you of the amended price in writing.
2.12 We reserve the right to refuse or decline any
Order at Our sole discretion.
3 PRODUCTS
3.1 Our Site is solely for the promotion of brands and Products
and the images of the Products on Our Site are for illustrative purposes only. Although We have made every effort to display
the colours and print accurately, We cannot guarantee that your computer’s
display of the colours accurately reflect the colour of the Products. The
Products that you receive from Us may vary slightly from those images.
4
DELIVERY
4.1 We will deliver the Product(s) ordered by you
together with a hard copy of the Invoice, to the address which you give for
delivery when you make your Order. If any of the details you have given to Us
in your delivery address are incorrect, We are not liable for any items which
have not been or are not received.
4.2 Each delivery of Products will be accompanied by
a delivery note which shows the date of the Order, all relevant Order numbers,
the type and quantity of the Products (including the Product code number where
applicable), special storage instructions (if any) and if the Order is being
delivered in instalments, the outstanding balance of Products remaining to be
delivered.
4.3 Please note that time scales for delivery and
delivery charges vary depending on the availability of the Products and your
address.
4.4 Once an Order has been shipped, the tracking
number will be available by logging you’re your account and clicking on the
relevant order. All Products are shipped
using a fully traceable carrier so that you may track the progress of your
order once it has shipped.
4.5 Deliveries within the UK are shipped using Fedex and
generally arrive at their destination on the next working day following despatch.
International orders are either shipped by Fedex or in the case of larger
orders that require palletization, by road, using our freight forwarder. Shipping
lead times for International orders vary depending on the delivery destination,
shipping method and customs clearance requirements at the destination. Once your order has shipped, We are not responsible
for any delays caused by exceptions, incorrect shipping information provided,
or local customs clearance, over which we have no control.
4.6 For International Orders the courier will call
you on the contact number that you provided when placing your Order if they require
any additional information. A signature
is generally required in order to take delivery of the Products.
4.7 All deliveries are scheduled for weekday delivery.
4.8 If no one is available at your address to take
delivery of the Product(s) the courier will leave you a note at the address set
out in the Order to confirm that they have attempted to deliver the Product(s)
and requesting that you contact them to rearrange delivery.
4.9 Occasionally Our delivery to you may be affected
by an Event Outside Our Control (as defined in clause 12.214.2). If We are
unable to meet the estimated delivery date because of an Event Outside Our
Control, We will contact you with a revised estimated delivery date.
4.10 Delivery of an Order shall be completed when We
deliver the Product(s) to the address that you gave Us in your Order.
4.11 If We are not able to deliver the whole of the
Order at one time due to operational reasons or shortage of stock, We will
deliver the Order in instalments. We will not charge you extra delivery costs
for this.
4.12 The Product(s) will be your responsibility and
owned by you from the point at which We or the courier first attempt delivery,
whether you (or any nominated alternative) take delivery or not.
4.13 Where any Product is to be delivered
internationally you will be responsible for any and all tax, duties and/or any
other amounts payable in respect of the importing the Product(s).
5 DAMAGES AND FAULTY GOODS
5.1 Following your receipt of the Products, you will have a
period of 72 hours to check for any damages, defects, faults or errors in
respect of the Products delivered and to notify us accordingly.
5.2 If you fail to notify Us within the 72 hour period
referred to in clause 5.1 of any faults or defects, We are under no obligation
to accept the return of any such Products from you, but where We do accept
their return We do so at Our sole discretion and on such terms as We shall
specify to you in writing.
5.3 We will not accept the return of orders that have been
declined for delivery by You without Our express written permission. If an Order
is declined by You, you will be directly responsible for the return shipping
costs to the nominated carrier. Non
authorised returns will incur a restocking fee of £100 on top of the original
invoice value of the goods.
6 RISK AND TITLE
6.1 Risk and responsibility for the Products shall
pass to you from the point at which We or the courier first attempt delivery,
whether or not you (or any nominated alternative) take delivery or not.
6.2 Title to the Products shall not pass to you until
We have received payment in full (in cash or cleared funds) for:
6.2.1 all the Products in
respect of the delivery ; and
6.2.2 any applicable
delivery or other charges.
6.3 Until title to the Products has passed to you,
you shall:
6.3.1 hold the Products on
a fiduciary basis as Our Bailee;
67.3.2 store the Products
separately from all other goods held by you so that they remain readily
identifiable as Our property;
6.3.3 not remove, deface
or obscure any identifying mark or packaging on or relating to the Products;
6.3.4 maintain the
Products in satisfactory condition and keep them insured against all risks for
their full price from the date of delivery (or attempted delivery);
6.3.5 notify Us
immediately if it becomes subject to any of the events listed in clause 7.2;
and
6.3.6 give Us such
information relating to the Products as We may require from time to time, but
you may resell or use the Products in the ordinary course of business.
6.4 If, before title to the Products pass to you, you
become subject to any of the events listed in clause 7.2, or if We reasonably
believe that any such event is about to happen and notify you accordingly,
then, provided that the Products have not been resold and without limiting any
other right or remedy that We may have (including those rights set out in
clause 7.1), We may at any time require you to deliver up any Products that you
hold and, if you fail to do so promptly, enter any of your premises or of any
third party where the Products are stored in order to recover them.
7 INSOLVENCY & INCAPACITY
7.1 If you become subject to any of the events listed
in clause 8.2 , or We reasonably believe that you are about to become subject
to any of them and We notify you accordingly, then, without limiting any other
right or remedy available to Us, We may cancel or suspend all further
deliveries under these Terms or under any other contract between you and Us
without incurring any liability to you, and all outstanding sums in respect of
Products delivered to you shall become immediately due and payable.
7.2 For the purposes of clause 8.1 , the relevant
events are:
7.2.1 you suspend, or
threaten to suspend, payment of your debts, or you being unable to pay your
debts as they fall due or you admit inability to pay your debts, or (being a
company) you are deemed unable to pay your debts within the meaning of section
123 of the Insolvency Act 1986, or (being an individual) you are deemed either
unable to pay your debts or as having no reasonable prospect of so doing, in
either case, within the meaning of section 268 of the Insolvency Act 1986, or
(being a partnership) you have any partner to whom any of the foregoing apply;
7.2.2 you commence negotiations
with all or any class of your creditors with a view to rescheduling any of your
debts, or make a proposal for or enter into any compromise or arrangement with
any of your creditors;
7.2.3 (being a company) a
petition is filed, a notice is given, a resolution is passed, or an order is
made, for or in connection with your winding up, other than for the sole
purpose of a scheme for your solvent amalgamation with one or more other
companies or your solvent reconstruction;
7.2.4 (being an
individual) you are the subject of a bankruptcy petition or order;
7.2.5 any of your
creditors or encumbrances attaches or takes possession of, or a distress,
execution, sequestration or other such process is levied or enforced on or sued
against, the whole or any part of your assets and such attachment or process is
not discharged within 14 days;
7.2.6 (being a company) an
application is made to court, or an order is made, for the appointment of an
administrator or if a notice of intention to appoint an administrator is given
or if an administrator is appointed over you;
7.2.7 (being a company) a
floating charge holder over your assets has become entitled to appoint or has
appointed an administrative receiver;
7.2.8 a person becomes
entitled to appoint a receiver over your assets or a receiver is appointed over
your assets; any event occurs, or proceeding is taken, with respect to you in
any jurisdiction to which you are subject that has an effect equivalent or
similar to any of the events mentioned in clause 7.2.1 to clause 7.2.8
(inclusive);
7.2.9 you suspend,
threaten to suspend, cease or threaten to cease to carry on all or
substantially the whole of your business;
7.2.10 your financial
position deteriorates to such an extent that in Our opinion your capability to
adequately fulfil your obligations under these Terms has been placed in jeopardy;
and
7.2.11 (being an
individual) you die or, by reason of illness or incapacity (whether mental or
physical), are incapable of managing your own affairs or become a patient under
any mental health legislation.
7.3 Termination of these Terms and any contract
between us , however arising, shall not affect any of the parties’ rights and
remedies that have accrued as at termination. Clauses which expressly or by
implication survive termination of these Terms and any contract between us
shall continue in full force and effect.
8 RETURNS
8.1 Returns will only be allowed in the case of
faulty or damaged goods or if it is shown that incorrect goods have been
shipped.
8.2 Unauthorised returns will not be accepted or
refunded and we will not cover the cost of shipping.
8.3 Where return of a product(s) has been pre agreed
by Us, we will arrange collection of the products. Please ensure all agreed returns
are securely wrapped with suitable packaging to ensure that the Product does
not get damaged in transit whilst being returned. Pre-agreed returns must be returned
to Us in a saleable condition as received by you, intact and undamaged as soon
as is reasonably possible but in any event within 30 calendar days of your
receipt of delivery.
9 PRICING AND PAYMENT
9.1 The price of the Products as quoted on Our Site may
change from time to time, but price changes will not affect any Order(s) that
We have confirmed with you. Prices are exclusive of VAT or any domestic taxes
and duties that may be applicable Internationally.
9.2 The prices for the Products exclude any delivery
costs (if applicable), which will be added to the total amount due. Our
delivery charges are as set out at check out and will be confirmed with your
sales order confirmation.
9.3 It is always possible that, despite Our best
efforts, some of the Products or delivery costs may be incorrectly priced. Where the Products’ correct price or the
delivery cost is less than Our stated price, We will charge the lower amount
when dispatching the Products to you. If the pricing error is obvious and
unmistakeable and could have reasonably been recognised as mispricing, We retain
the right not to provide the Products. If the Product’s correct price or the delivery
cost is higher than the price stated in Our Site or in these Terms, We will
contact you as soon as possible to tell you about the error and We will give
you the option of continuing to purchase the Products at the correct price or
amending your order. We will not process
your Order until We have your instructions. 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. We will refund you the full
amount paid by you as soon as is reasonable if you have already made a payment
to Us.
9.5 You may pre-pay for Products on our site using
the following methods:
9.5.1 a debit or credit card (We
accept all major credit and debit cards), or
9.5.2 PayPal; or
9.5.3 a direct transfer to Our
bank account (details of which are available on request).
9.6 Any charges or fees payable to any financial
institution or bank for processing payment in respect of your Order are your
responsibility and must be paid by you. Any refund payable by Us to you will
not include an amount in respect of any such charges or fees.
9.7 Where any credit is provided to you by Us
pursuant to clause 2.11 , you shall pay the Invoice in full and in cleared
funds in accordance with the terms of credit set out on the Invoice or as
otherwise agreed between us in writing and the provisions of this clause 10 in
respect of payment generally.
9.8 If you have Terms agreed with Us, failure to make
payment due to Us on the due date for payment (the “ Due Date”), shall result
in interest being charged on the overdue amount at the rate of 4% per annum
above the base rate of Lloyds Bank plc from time to time. Such interest will
accrue on a daily basis from the Due Date until the date of actual payment of
the overdue amount, whether before or after judgement. You shall be required to
pay the interest together with the overdue amount.
9.9 You shall pay all amounts due under these Terms
and any contract with Us in full and without any deduction or withholding
except as required by law and you shall not be entitled to assert any credit,
set-off or counterclaim against Us in order to justify withholding payment of
any such amount in whole or in part. We may at any time, without limiting any
other rights or remedies We may have, set off any amount owing to Us by you
against any amount payable by Us to you.
10 YOUR RIGHT TO CANCEL AND REFUNDS
10.1 The Order or part of it may be cancelled at any
point before Our dispatch of the Products and any amounts paid by you will be
refunded.
10.2 To cancel an Order or part of it prior to
shipping, please email Us at accounts@luxebrandboutique.com. You may wish to keep a copy of your
cancellation notification for your own records. We will endeavour to confirm
cancellation of your Order within 24 hours of receipt by Us of your
cancellation notice. However, please allow up to 48 hours for Us to check and
process the cancellation, and up to 72 hours where cancellation of an Order or
part of it is placed over a weekend or public holiday.
10.3 If We agree to cancel your Order or part of it,
you will receive a full refund of the price you paid for the Products and any
applicable delivery charges paid. We will process the refund due to you as soon
as is reasonably practicable and, in any case, within 30 calendar days of the
day on which you gave Us notice of cancellation as described in clause 10.2. If
you returned the Products to Us because they were faulty or mis-described,
please see clause 10.4.
10.4 If you have returned the Products to Us because
they are faulty or mis-described, We will either offer you a replacement
Product or refund the full price of the defective Product (if paid by you), along
with any applicable delivery charges relating to the specific Product.
10.5 We will make any refund to you in the manner in
which payment was made by you to Us.
11 OUR RIGHTS TO CANCEL AND REFUND
11.1 If We have to cancel an Order for Products or part of
it before the Products are delivered you will not be charged and any payment
made will be refunded in full.
12 OUR LIABILITY
12.1 Where any of Our Products are purchased by you
with a view to selling them on to any third party, such as other businesses for
internal use or consumers for personal use, Our contract is strictly with you
and We are in no circumstances liable or responsible to the end customer
(whether directly or indirectly) in respect of any of Our Products or otherwise.
12.2 To the maximum extent permitted by law, We
disclaim any and all express, implied or statutory warranties, guarantees,
representations or other terms and conditions relating to these Terms or their
subject matter not expressly set out in these Terms, including without
limitation the warranties or guarantees of merchantability, acceptable quality,
title, non-infringement of third parties rights, and fitness for particular
purpose and any other terms implied by sections 13 to 15 of the Sale of Goods
Act 1979.
12.3 Subject to any obligations under the
non-excludable provisions and to the fullest extent permitted by law, in no
event shall We and any of Our parents, subsidiaries, affiliates, related
companies, suppliers, advertisers, sponsors, third party service providers,
and/or Our employees, officers, directors, and agents be liable for any
incidental, consequential, punitive, indirect or special damages (or lost
profits and damages) whether based on warranty, contract, tort (including
without limitation negligence), or any other legal theory, and whether or not
We are advised of the possibility of such damages. Because some states or
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the limitations set forth in this
paragraph may not apply to you. If the foregoing limitations are held
inapplicable or unenforceable for any reason, then, subject to any obligations
under the non-excludable provisions and to the fullest extent permitted by law,
Our maximum liability to you for any type of damages shall be limited to the
actual amount paid by you for the relevant Products.
12.4 We do not exclude or limit in any way Our
liability for:
12.4.1 death or personal
injury caused by Our negligence or the negligence of Our employees or agents;
12.6.2 fraud or fraudulent
misrepresentation;
12.6.3 breach of the terms
implied by section 12 of the Sale of Goods Act 1979 (title and quiet
possession); and
12.6.4 defective products
under the Consumer Protection Act 1987.
13 EVENTS OUTSIDE OF OUR CONTROL
13.1 We will not be liable or responsible for any
failure to perform, or delay in performance of, any of Our obligations under
these Terms that is caused by an Event Outside Our Control (as defined in
clause 13.2).
13.2 An “Event Outside Our Control” means any act or
event beyond Our reasonable control, including without limitation strikes,
lock-outs or other industrial action by third parties, civil commotion, riot,
invasion, terrorist attack or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war, fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster, or failure of
public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that
affects the performance of Our obligations under these Terms:
13.3.1 We will contact you
as soon as reasonably possible to notify you; and
13.3.2 Our obligations
under these Terms will be suspended and the time for performance of Our
obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of Products to you, We
will arrange a new delivery date with you after the Event Outside Our Control
is over.
14 YOUR OBLIGATIONS TO US
14.1 We shall notify you of Our wholesale pricing
tables from time to time which set out:
14.1.1 the minimum recommended price of Our Products
(the “MRP”) which is the minimum price for which you are permitted to sell Our
Products without Our express prior permission in writing. The MRP is the price
that We sell the Products for when consumers contact Us directly (plus an
amount in respect of any duties, taxes or shipping that are applicable);and
14.2 You may sell Products for a price in excess of
the MRP, but you are not permitted to sell any Products for less than the MRP
without Our express prior written permission because, amongst other things, it
may damage Our brands standing in the market.
14.3 You agree , undertake and covenant to Us that
where you intend to sell any of Our Products to any third party, you shall:
14.3.1 not apply any
discounts or sales to, or in respect of , any of Our Products unless agreed
with Us in writing in advance;
14.3.2 You require Our
express permission to sell Our Products on any third party website or sales
channels;
14.3.3 We do not allow the
resale of Our products on any third party platform including but not limited to
Amazon, eBay, Etsy and Gumtree. We
reserve the right to refuse fulfilment of any orders where we have a reasonable
expectation that this is happening.
14.4 Our products will not be portrayed as white
labelled goods or the retailers, businesses or individuals own product and will
be correctly recognized by the brand name.
14.5 Where you fail to comply with the provisions of
clause 14.1 to clause 14.6 (inclusive), We may and reserve the right at Our
sole discretion to give you a warning for your failure to comply with those
provisions and/or cease providing you with any of Our Products and Our trading
relationship with you.
15
Information about us and how to contact us
15.1 If you have any questions or if you have any
complaints, please contact Us by e-mailing Us at info@luxebrandboutique.com
15.2 If you wish to contact Us in writing, or if any
clause in these Terms requires you to give Us notice in writing, you can send
this to Us by e-mail at info@luxebrandboutique.com
or by pre-paid post to:
Wild & Funk Limited
Unit 16F Spey House
Mandale Business Park
Durham City DH1 1TH
United Kingdom
We will confirm receipt of any such notice by contacting you
in writing. If We have to contact you or give you notice in writing, We will do
so by e-mail or by pre-paid post to the address you provide to Us in the Order
process. When We use the words “writing” or “written” in these Terms, this will
include e-mail unless We say otherwise.
16 HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide
to Us to:
16.1.1 Fullfill and provide the
Products;
16.1.2 Process your
payment for such Products; and
16.1.3 Contact you in the
unlikely event of a product fault or recall.
16.1.4 Inform you about
similar products that We provide, but you may stop receiving these at any time
by contacting Us in writing.
16.2 We will not give your personal data to any other third
party other than where is absolutely necessary in order to fulfil your order, or we have a
legal requirement to do so.
17 INTELLECTUAL PROPERTY RIGHTS
17.1 The Site design and all intellectual property
rights in the Site, including all text, graphics, information, content, and
other material displayed on or that can be downloaded from the Site are either
the property of Wild & Funk Limited or the brands we exclusively represent
and are protected by copyright, trademark and other laws and may not be used,
reproduced, published, transmitted, distributed, displayed, performed,
exhibited, modified, used to create derivative works, sold, re-sold or used in
any sale, or exploited for in any way, in whole or in part, except as provided
for in these Terms and unless you obtain the prior written consent of the owner
of such material. All such rights are reserved.
17.2 Our status (and that of any identified
contributors) as the author s of material on the Site must always be
acknowledged.
17.3 The copyright in any translation of any
materials on the Site are owned by Us, however loose and shall remain Our
property.
17.4 You may not modify the information or materials
located on the Site in any way or reproduce or publicly display, perform, or
distribute or otherwise use any such materials for any public or commercial
purpose. You must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text without our
express permission. Any unauthorised use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy and publicity, and
other laws and regulations.
17.5 Certain trademarks, trade names, service marks
and logos used or displayed on the Site are Our registered and unregistered
trademarks, trade names and service marks or those of the brands we represent. Other
trademarks, trade names and service marks used or displayed on the Site are the
registered and unregistered trademarks, trade names and service marks of their
respective owners. Nothing contained on the Site grants or should be construed
as granting, by implication, or otherwise, any licence or right to use any
trademarks, trade names or logos displayed on the Site without Our written
consent or the written consent of such third party owner.
17.6 If you print off, copy, translate or download
any part of the Site or the materials displayed on it in breach of these Terms,
your right to use the Site will immediately cease and you must, at Our option,
return or destroy any copies of the materials that you have made.
18
Other important terms
18.1 We may transfer, assign, charge, subcontract or
deal in any other manner with all or any of Our rights and obligations under
these Terms to another organisation but this will not affect your rights or Our
obligations under these Terms.
18.2 This contract is between you and Us. No other
person shall have any rights to enforce any of its terms whether under the
Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 Each of the paragraphs of these Terms operates
separately. If any court or relevant authority decides that any of them are
unlawful, invalid or unenforceable that provision or part-provision shall, to
the extent required, be deemed or deleted, and the remaining paragraphs will
remain in full force and effect.
18.4 If any unlawful, invalid or unenforceable
provision of these Terms would be valid, enforceable and legal if some part of
it were deleted, the provision shall apply with the minimum modification necessary
to make it legal, valid and enforceable.
18.5 A waiver of any right or remedy under these
Terms is only effective if given in writing and shall not be deemed to be a
waiver of any subsequent breach or default. No failure or delay by a party to exercise
any right or remedy provided under these Terms or by law shall constitute a
waiver of that or any other right or remedy, nor shall it preclude or restrict
the further exercise of that or any other right or remedy. No single or partial
exercise of such right or remedy shall preclude or restrict the further
exercise of that or any other right or remedy.
18.6 Except as set out in these Terms, any variation
to these Terms shall only be valid and binding when agreed and confirmed in
writing by Us.
18.7 These Terms are governed by English law and any
contract for the purchase of Products between Us and any dispute or claim
arising out of or in connection with it or its subject matter or formation
(including any non-contractual disputes or claims) will be governed by English
law.
18.8 You and We both agree to submit to the
exclusive jurisdiction of the English courts however, We reserve the right t