Terms & Conditions
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.
2.1 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.
3.1 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.
4.1 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.
8.1 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 [email protected]. 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 [email protected]
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 [email protected] or by pre-paid post to:
Wild & Funk Limited
Unit 16F Spey House
Mandale Business Park
Durham City DH1 1TH
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