Terms & Conditions
These terms and conditions (together with the information and
policies contained in the "Customer Service" pages on the website and
any other documents referred in these terms and conditions) ("Terms and
Conditions") set out the legal terms that apply to your use of our website
,any of its sub-domains and any other websites operated by us or on our behalf
and any mobile device application or desktop application developed by us or on
our behalf (together, the "Websites" and “Website” being a reference
to any one of them) and the other services that we provide (the
"Services").
Please
read these Terms and Conditions carefully and make sure that you understand
them before using the Services. Please note that by using the Services, you
agree to be bound by these Terms and Conditions. If you do not accept these
Terms and Conditions, you will not be able to use the Services and you should
leave the Website immediately. If you continue to use the Website or if you
order products, we will take this as your acceptance of these Terms and
Conditions.
1)
Understanding these Terms and Conditions
When
certain words and phrases are used in these Terms and Conditions, they have
specific meanings (these are known as 'defined terms'). You can identify these
defined terms because they start with capital letters (even if they are not at
the start of a sentence). Where a defined term is used, it has the meaning
given to it in the section of the Terms and Conditions where it was defined
(you can find these meanings by looking at the sentence where the defined term
is included in brackets and speech marks).
When we
refer to "we", "us" or "our", we mean NYSE Limited. Where we refer to "you" or
"your" we mean you, the person using the Services.
We have
used headings to help you understand these Terms and Conditions and to easily
locate information. These Terms and Conditions are only available in the
English language. We will not file copies of the contracts between us and you
relating to our supply of the Services, or between you and the Partners
relating to the sale of the products, so we recommend that you print or save a
copy of these Terms and Conditions for your records (but please note that we
may amend these Terms and Conditions from time to time so please check the
Website regularly, and each time you use the Services to order products, to
ensure you understand the legal terms which apply at that time).
2) About
us
We are NYSE
UK Limited and we operate the Website. We are a company registered in England
and Wales and our registered office is at The Bower, 211 Old Street, London,
EC1V 9NR. Our registered company number is 06400760 and our VAT number is GB
204 0769 35.
We
provide the Services to you through the Website. Further details of the
Services we provide are set out in section 3 below. When you purchase products
using the Website, you are purchasing them from the third party retailers
("Partner(s)") named on the Website. It is important that you
understand that the contract for the purchase of the products is between you
and the relevant Partner. We are acting as agent on behalf of the Partners,
which are the principals. You are not purchasing the products from us. We are
authorised by the relevant Partners to conclude the contract on their behalf
but we are not a party to that contract and you are not purchasing the products
from us. Further details about the products, the Partners and the contract
between you and the Partners in relation to your purchase of the products are
set out in sections 5, 6 and 7 below.
3) Our
services
The
Services we offer allow you to search through the Website and purchase products
from a large number of Partner boutiques and brands worldwide. As part of the
Services, we also provide some ancillary services such as arranging delivery of
the products, providing you with customer service assistance and payment
processing without charge. The specific NYSE entity procuring such payment
processing services will depend on your location. If you are located in the USA
then US LLC will procure the payment
processing services; if you are located anywhere else in the world, NYSE UK
Limited or one of its affiliates will procure the payment processing services.
However, as stated above, the contract for the purchase of the products is
between you and the relevant Partner. This means that it is the Partner (not
us) who is legally responsible for selling the products to you.
Please
note that the delivery logistics service is being provided by us to you and as
such you are entering into a contract for delivery services provided by us. We
may make a charge for these services which will be shown at checkout and prior
to your purchase of the products. Your contract with us is concluded once the
products have been delivered to you by the courier or have been collected by
you from a Partner.
In order
to use the Services you must be over 18 years of age.
4) Our
liability to you in relation to the Services If, in providing the Services to
you, we fail to comply with these Terms and Conditions, we are responsible for
loss or damage you suffer that is a foreseeable result of our breach of these
Terms and Conditions or our negligence, but we are not responsible for any loss
or damage that is not foreseeable. Loss or damage is foreseeable if it was an
obvious consequence of our breach or if it was contemplated by you and us at
the time you started using the Services. We do not in any way exclude or limit
our liability for: • (a) death or personal injury caused by our negligence; •
(b) fraud or fraudulent misrepresentation; • (c) any other liability which
cannot be limited by law.
5) The
products We attempt to be as accurate as possible in the description of the
products displayed on the Website. However, as the descriptions are based on
information provided to us by the Partners (who remain responsible for them),
we cannot guarantee that all details are always accurate, complete or error
free. Please contact our Customer Service Advisors if you would like more
information about a product. The images of the products on the Website are for
illustrative purposes only, and although we attempt to display colours
accurately, we cannot guarantee that your computer's display of the images
accurately reflects the true colour of the products.
We do not
allow Partners to offer flawed items or products of lower quality than the
corresponding market standards for sale on the Website. If an item you have
ordered is not as described, is flawed or of a lower quality, you can return it
to us and we will liaise with the Partner on your behalf. Once the item is
received by the relevant Partner, you will receive a full refund of the
defective product, or alternatively a discount, replacement or repair for the
item where possible, agreed on a case by case basis by us. We will refund you
any applicable delivery charges and any reasonable costs you incur in returning
the products (we will advise you whether the products will be collected from
you or whether you need to arrange for them to be returned). Please see section
10 below for details of how to arrange a return.
As a
consumer, you have legal rights in relation to products that are faulty or not
as described. Advice about your legal rights is available from your local
Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and
Conditions will affect these legal rights.
The
products sold by the Partners are supplied for your domestic and private use
only. You agree that you will not use the products for any commercial, business
or re-sale purposes. You further agree that you will not export, reexport, or
otherwise transfer the products to countries or territories that are the target
of comprehensive embargoes or sanctions or to parties identified on the U.S.
Treasury Department’s List of Specially Designated Nationals and Blocked
Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we
nor the Partners have any liability to you for any loss of profit, loss of
business, interruption of business, or loss of business opportunity.
NYSE
guarantees that the Beauty products displayed on our site do not contain
components that can cause risk to health, property or the environment.
6) NYSE
Partners As explained above, the contract for the purchase of the products is
between you and the relevant Partner. We are acting as agent and are authorised
by the relevant Partner to conclude the contract on its behalf but we are not a
party to that contract and you are not purchasing the products directly from
us.
We
request that all Partners using the Website have and maintain reasonable
business policies which comply with our own business policies. We cannot,
however, be responsible for the Partners’ business policies. If you are unhappy
with the product or service you have received from a Partner, you should
contact us and we will liaise with the relevant Partner on your behalf to try
and resolve the issue.
Further
information about the Partners and the products they offer is available in our
How to Shop page.
7)
Orders, prices and payment
The steps
you need to take to place an order are explained in the "How to Order
& Pay" section of our How to Shop page.
By
completing the check-out process and placing an order by clicking the
"Place Order" button on the checkout page, you are offering to
purchase the products from the relevant Partner (and not directly from us). Your
order for the products is subject to these Terms and Conditions which are
incorporated into the contract between you and the relevant Partner. All orders
are subject to availability and confirmation of the order price, which is
determined by the relevant Partner. After entering into the contract for the
products with the Partner, the Partner will be under a legal duty to supply you
with goods that are in conformity with the contract. Legal title to the product
purchased will pass to you upon your payment being accepted. Risk in the
product will remain with the Partner and/or NYSE (as applicable) until it is
delivered to you at the address specified when you placed your order.
To order
products you must be over 18 years of age and possess a valid credit or debit
card (please see section (c) below for details of acceptable payment methods).
By placing an order, you are promising that all details you provide are true
and accurate, that you are over 18 years of age, that you are an authorised
user of the credit or debit card used to place your order and that there are
sufficient funds in the account to cover the cost of your order.
The
Website allows you to check your order and correct any errors before completing
a purchase. Please take the time to read and check your order at each page of
the order process as you are responsible for ensuring that the information you
provide is accurate (for example, the correct products, quantities, size,
colour, etc.).
(a)
Formation of the contract between you and the Partner(s) The identity of the
Partner is shown on the order confirmation page when you place an order.
When you
place an order, you will receive an email confirming receipt of your order.
This email is only an acknowledgement for information purposes and it does not
constitute acceptance of your order by the Partner. The contract between you
and the Partner in relation to the products will not be formed until we have
checked that the Partner accepts your order. If your order is accepted, we will
send you a confirmation email, which concludes the contract between you and the
Partner. The confirmation email will include a description of the products
purchased in the order and certain other information about your rights to
cancel the contract between you and the Partner (please see section 10 below
for further information on your rights to cancel the contract). Only those
products listed in the dispatch confirmation email are included in the contract
between you and the Partner.
(b)
Pricing and availability Whilst we try and ensure that all details,
descriptions and prices that appear on the Website are accurate, as this
information is provided to us by the Partners, there may be cases where errors
occur. If we discover an error in the price of any products that you have
ordered, we will inform you of this as soon as possible and, acting on behalf
of the Partner, give you the option of reconfirming your order at the correct
price or cancelling it. If we are unable to contact you, your order will be
treated as cancelled. If you cancel and you have already paid for the products,
you will receive a full refund as soon as possible.
If you
are viewing the Website from the UK, the product prices advertised on the
Website from Partners located within the UK are inclusive of the VAT charged by
the relevant Partner. Delivery costs are not included in the prices and will be
charged in addition. The delivery costs (which will include VAT charged by us)
will vary depending on the products that you have ordered and your delivery address.
Please see the "Shipping Information" section of our Orders and
Shipping page for further details. The delivery costs applicable to your order
will be clearly displayed at checkout before you place your order (and are
included in the "Total Cost" amount shown on the order summary page).
Depending
on your delivery address, different taxation rules and additional charges may
apply. If you are shipping items from a Partner outside of your territory, you
may need to pay import duties upon receipt of the products. We will notify you
during the checkout process if import duties are included or you may have to
pay them upon receipt of the products. If they are not included, neither we nor
the Partner have any control over these charges and we cannot advise on their
amount. You will be responsible for payment of any such import duties and taxes
that are not included. Please contact your local customs office for further
information and a “landed cost estimate” before placing your order. Additional
information is also available in the "Duties and Taxes" section of
our Orders and Shipping page.
For US
customers, NYSE does not collect sales or use tax in all states. NYSE does not
collect use tax for international purchases. For states imposing sales or use tax,
your purchase may be subject to use tax unless it is specifically exempt from
taxation. Many states require customers to file a sales/use tax return at the
end of the year reporting all taxable purchases that were not taxed and to pay
tax on those purchases. For more details, please contact your respective taxing
authorities
Please
note that if you return an item, the taxes and import duties will be refunded
to you if they were originally included in the purchase price. If they were not
included then you will be responsible for reclaiming duty directly from your
local customs office.
(c)
Payment Please see the "Which payment methods do you accept?" section
of our FAQs for details of our available payment methods. When you submit your
order, we carry out a standard pre-authorisation check on your payment card on
behalf of the relevant Partner, and products will not be dispatched until the
details you have provided are verified. For information on when your payment
will be debited from your account please see the "When will my card be
charged?" section in our FAQs.
Once we
have verified your payment details and the Partner has accepted and approved
your order for delivery, we will email you to inform you of this. In the
unlikely event that we or the Partner encounter a problem when processing your
order, we will contact you and may possibly request further information to try
and resolve the issue.
We
reserve the right not to submit your order to the Partner, and the Partner
reserve the right not to accept your order if, for example, the product ordered
is out of stock, has been withdrawn or is otherwise not available, or if we are
unable to obtain authorisation for your payment or if you do not meet the
eligibility criteria (e.g. you are under 18).
8)
Delivery
The
estimated delivery date of the products will be stated in your order
confirmation email. If you do not receive an estimated delivery date from us,
we will deliver the order within 30 days after the date of dispatch. We (and
not the Partners) supply delivery services to you and we will try to ensure
that your order is delivered by the estimated delivery date if given,) but
there may be circumstances where delivery is delayed because of events beyond
our reasonable control (please see section 15 below for further information).
If this happens, we will try and arrange for your products to be delivered as
soon as possible, but we will not be liable to you for any losses caused as a
result of such delay.
Delivery
times may vary depending on the availability of the products and your delivery
address. Delivery times, including for Same Day delivery, are estimates only
and cannot be guaranteed. The product(s) will be delivered to you directly by
the Partner(s) so your order may arrive in multiple deliveries and at different
times.
If no one
is available at your address to sign for your order, our delivery partner will
leave you a note and you will need to contact them to rearrange delivery.
In
certain circumstances our delivery partner may provide you with the following
options when delivering your order: (a) signature release: opting out of the
requirement to provide a signature on delivery; and/or (b) leave with
neighbour: re-directing the delivery to a neighbour (“On Demand Delivery
Service”). By selecting to receive your order via the On Demand Delivery
Service, you acknowledge and agree that NYSE shall bear no responsibility or
liability for any loss or damage that may result from delivering your order in
accordance with your request.
Please
also read the information on our Orders & Shipping page as this contains
important information about your order and its delivery.
We also
offer the option to collect your order from a participating Partner or Doddle
location. Please see our Click & Collect section for more details.
9)
International Delivery
Details
of the countries we deliver to can be found on our Orders & Shipping page.
There are restrictions on some products for certain international destinations,
so please review the information on that page carefully before placing an
order.
If you
purchase products for delivery to an international destination, your order may
be subject to import duties and taxes which are applied when the package
reaches that destination. Please see section 7(b) (above) for more information
on duties and taxes. You must comply with all applicable laws and regulations
of the country for which the products are destined. We will not be liable or
responsible if you breach any such laws.
10)
Returns Policy
Please
see our Returns Policy for information on returns, exchanges and our Free
Returns service. For further information on cancelling your order under the
CCRs, please see below.
Please
note that in certain cases the Partner may reject your return of a product and NYSE
(or any of its group companies) may, at its sole discretion, choose to purchase
the product from you. You agree that legal title to such product will
automatically pass to NYSE (or its relevant group company) upon NYSE (or its
relevant group company) choosing to purchase such product from you.
Cancelling
under the Consumer Contracts Regulations
Depending
on where you live, you have a legal right to cancel your order under the
Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 ("CCRs") or equivalent consumer legislation in the
EU. This means that, during a certain cancellation period, if you change your
mind or for any other reason you decide you do not want to keep the purchased
products, you can notify us of your decision to cancel the order. Once the products
are returned to the relevant Partner you will receive a full refund, including
the original delivery costs; however you will be liable to arrange and cover
the full cost of returning the order to the Partner.
Except in
relation to certain types of products as set out in the Returns Policy, you may
cancel a contract at any time before your order is delivered and up to 14 days
afterwards, beginning on the day after you received the products
("cooling-off period").
To cancel
a contract, you must clearly inform us, preferably:
• giving
us your name, address and order reference; or • By completing and returning the
cancellation form and sending it to the address set out in the form.
If you
cancel an order (or part of an order) during the cooling off period, you must
return the product(s) within 14 days after the day on which you notify us of
the cancellation, and ensure the item(s) comply with the conditions of our
Returns Policy.
If you
cancel a contract between us within the 14-day cooling-off period, we will
process the refund due to you as soon as possible. In any case your refund will
be completed within 14 days after the day on which the Partner received your
return, or if earlier, the day on which we receive evidence that you have
returned the product(s) to the relevant Partner’s address.
11) Our
Website
This
section sets out the rules that apply to your use of the Website (whether or
not you use it to order products or just to browse). By using the Website, you agree
to these rules. If you do not agree to these rules, you are not permitted to
use the Website and you should leave it immediately.
(a)
Access to the Website The Website is made available free of charge and you are
responsible for making all arrangements necessary for you to have access to the
Website. You are also responsible for ensuring that all persons who access the
Website through your internet connection are aware of these Terms and
Conditions, and that they comply with them.
Access to
the Website is permitted on a temporary basis and it does not include any
commercial use of the Website or its contents. You must not reproduce, copy
and/or exploit the Website for any commercial purposes without our prior
written consent.
We
reserve the right to withdraw or amend the Website without notice and, from
time to time, we may restrict access to all or parts of the Website. We will
not be liable to you if, for any reason, the Website is unavailable at any time
or for any period.
When you
visit the Website and/or submit an order, you are communicating with us
electronically and you agree that all agreements, notices, disclosures and
other communications that we send to you electronically (whether on our behalf
or on behalf of the Partners) satisfy any legal requirement that same
communications be in writing.
(b) Your
conduct You must not use the Website in any way that causes, or is likely to
cause, the Website or access to it to be interrupted, damaged or impaired in
any way.
You
understand that you are responsible for all electronic communications and
content sent from your computer to us and you must use the Website for lawful
purposes only.
You must
not use the Website for any of the following:
In any
way that breaches any applicable local, national or international law or
regulation. In any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect. To send, use or reuse any material that is: (i)
illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or
(ii) in breach of copyright, trademark, confidence, privacy or any other right,
and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable,
and/or (v) which consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or any
"spam". To cause harm, annoyance, inconvenience or needless anxiety
to any person.
Breaching
these provisions would constitute a criminal offence under the Computer Misuse
Act 1990. We, in compliance with any enforceable law or public order, will
report any such breach to the relevant law enforcement authorities and disclose
your identity to them. If you breach any of the Terms and Conditions and/or any
Third Party Products and Services’ terms and conditions, you will indemnify us
in full against all costs, expenses, liabilities, damages and losses (excluding
any indirect, incidental or consequential loss), including any interest, fines
and legal or other professional fees and expenses awarded against or incurred or
paid by us and/or any member of our group as a result of or in connection with
your breach.
(c) Third
Party Products and Services on the Website
The
Website may contain services and/or products (including add-ons and
applications) offered by third parties other than our Partners (the “Third
Party Products and Services”). Your use of these Third Party Products and
Services may be subject to additional terms and conditions which we recommend
you review before first using such Third Party Products and Services and
continue to review for any changes. We disclaim any responsibility or liability
for or in connection with your use of any Third Party Products and Services. We
reserve the right to suspend, withdraw, terminate and/or amend your access to
the Websites and/or Services, including but not limited to Third Party Products
and Services, in the event that you breach any Third Party Products and
Services’ terms and conditions. Use of Third Party Products and Services is
entirely at your own risk.
We make
no guarantee that any or all features of the Websites, Services or Third Party
Products and Services will work on any particular device.
(d)
Linking We are happy for you to link to the Website but you must do so in a way
that is fair and legal and does not damage our reputation or take advantage of
it (such as by using a link to suggest any form of association or endorsement
by us). We reserve the right to withdraw linking permission at any time and, if
we instruct you to remove a link to the Website, you must do so without delay.
Where the
Website contains links to other websites and resources provided by third
parties, these links are provided for your information only. We have no control
over the contents of those websites or resources and such links should not be
interpreted as an endorsement by us of those linked websites. We will not be
liable for any loss or damage that may arise from your use of them.
(e) Our
liability in relation to the Website We may update or change the Website or its
contents at any time but we are under no obligation to do so. Please note that
this means any of the content on the Website may be out-of-date at any given
time. The content on the Website is provided for general information only. It
is not intended to amount to advice on which you should rely. We make no
representations, warranties or guarantees, whether express or implied, that the
Website, or any content on it, is accurate, complete, up-to-date or will be
free from errors or omissions. To the fullest extent permitted by law, we
exclude all conditions, warranties, representations or other terms which may
apply to the Website, or any content on it, whether express or implied.
We will
not be liable to you or any user for any loss or damage, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, arising
under or in connection with: (i) use of, or inability to use, the Website; or
(ii) use of or reliance on any content displayed on the Website.
Please
note that we only provide the Website for domestic and private use and, as
such, we have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
We will
not be liable for any loss or damage caused by a virus, distributed
denial-of-service attack, or other technologically harmful material that may
infect your computer equipment, computer programs, data or other proprietary
material due to your use of the Website or to your downloading of any content
on it, or on any website linked to it. We do not in any way exclude or limit
our liability for: 1. death or personal injury caused by our negligence; 2.
fraud or fraudulent misrepresentation; 3. any other liability which cannot be
limited by law. Different limitations and exclusions of liability will apply to
liability arising as a result of our supply of the Services to you (as set out
in section 4) and the Partners’ supply of the products to you.
12)
Privacy Policy
We only
use your personal information in accordance with our Privacy Policy. Please
take the time to read this carefully, as it includes important information
about how we collect and use your data. By using the Website, you consent to
the use of your data as described in our Privacy Policy and you warrant that
all data provided by you is accurate.
13)
Intellectual property, software and content
We are
the owner or the licensee of all intellectual property rights in the Website
and its content (such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations and software including the
presentation and compilation of the same) ("Content"). The rights in
the Website and the Content are protected by international copyright laws as
well as by any relevant national law concerning copyright, authors' rights and
database right laws. All such rights are reserved.
You must
not systematically extract and/or re-utilise parts of the Website or the
Content. In particular, you must not use any data mining, robots, or similar
data gathering and extraction tools to extract (whether once or many times) for
re-utilisation any substantial parts of the Website. You must not create and/or
publish your own database that features substantial parts of the Website (e.g.
our prices and product listings) without our prior written consent.
Except
where expressly stated to the contrary, all persons (including their names and
images), third party trademarks and images of third party products, services
and/or locations featured on the Website are in no way associated, linked or
affiliated with us. Any trademarks/names featured on the Website are owned by
the respective trademark owners.
14)
Ethical sourcing policy
As a
reputable and trusted business committed to offering its customers high-quality
products, we recognise our obligation to ensure that all Partners and other
suppliers are operating ethically. We expect all Partners and other suppliers
to consistently provide an environment which protects their employees' health
and safety and basic human rights. All Partners and other suppliers are
expected to comply with their national employment laws and regulations with
particular regard to: minimum age of employment, freely chosen employment,
health and safety, freedom of association and the right to collective
bargaining, no discrimination, no harsh or inhumane treatment, working hours,
rates of pay and terms of employment. We will never knowingly allow a Partner
to offer its products on the Website if such products are sourced from countries
which are in breach of these principles. We also look to the Partners and other
suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of the Partners and other suppliers'
supply chain, it is not always possible to monitor and control the conditions
of each individual involved in the production of the products. However, as we
continue to grow, we recognise the importance of being proactive and doing
everything within our power to support the rights of those involved in the
manufacture of the products. In order to address the changing needs of our
customers, NYSE will stop listing products made from fur and endangered species
on its Website by 31 December 2019. After this date, there will no longer be
any products made from fur or endangered species available on the Website. Fur
products are defined as products made entirely from furs or made with fur
trims. We also require all exotic skin products listed to have CITES
certification and will not allow the listing of exotic skin unless permitted
according to CITES (the Convention on International Trade in Endangered Species
of Wild Fauna and Flora) and IUCN (International Union for Conservation of
Nature).
15)
Kidswear policy
The NYSE
Kidswear product safety policy sets out guidelines to highlight the types of
products that Partners might be restricted to sell via the NYSE platform due to
product safety restrictions. Our policy states that Partners should seek
regular independent advice and assurances from the brand/manufacturer/importer
from whom the product is purchased to determine whether the goods are permitted
to be sold into the country and where applicable, the state, in which the buyer
is located. While we work closely with our Partners, it is our Partner’s
responsibility to ensure that the goods they sell comply with all applicable
product laws and regulations, such as Flammability Standards, Certificates of
Compliance and Tracking Labels. Our Customer Service Advisors can liaise with
the relevant Partner if you require additional information.
16) NYSE
invitation-only Sales
Selected
brands only. Invited customers must be signed in to view the offer on the NYSE
site or app. As this is an exclusive event just for you, details must not be
shared or advertised in any way, including, but not limited to, on any website,
blog, social media account, messaging application, email, word of mouth, etc.
Affiliate partners must not promote this event as per network terms and conditions.
NYSE reserves all its rights (including where it is known or suspected you have
passed these details on), which may involve suspending your account and/or
voiding your transactions for the duration of Sale. NYSE reserves the right to
withdraw this offer at any time without notice.
17) Final
Sale
'Final
Sale' items are not subject to NYSE's standard return policy and may not be
returned. Any return or refund of 'Final Sale' items purchased from are made at NYSE's absolute and sole
discretion, subject to applicable laws.
18) Other
important information
Severability
- Each of the sections and paragraphs of these Terms and Conditions operates
separately. If any court or relevant authority decides that any of them are
unlawful or unenforceable, the remaining sections and paragraphs will remain in
full force and effect.
Waiver -
If you breach these Terms and Conditions and we take no action, or if we delay
in taking action, that does not mean that we have waived our rights and we will
still be entitled to use our rights and remedies. If we do waive a breach by
you, we will only do so in writing (signed by one of our Directors), and that
will not mean that we will automatically waive any later breach by you.
Entire
agreement - These Terms and Conditions constitute the entire agreement between
you and us and they supersede any and all earlier agreements between you and
us.
Events
outside of our control - We and the Partners will not be liable or responsible
for any failure to perform, or delay in performance of, any of our obligations
to you if such failure or delay is caused by an event outside of our control.
An event
outside of our control means any act or event beyond our or the Partners
reasonable control such as act(s) of God, wars, terrorist attacks, embargos,
riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other
natural disasters, break-down, inclement weather, interruption of transport,
Government action or failure of public or private telecommunications or
transport networks.
If such
an event takes place and it affects the performance of our or the Partners’
obligations to you: (i) we will contact you as soon as reasonably possible to
notify you; and (ii) our and the Partners’ obligations to you will be suspended
for the duration of the event. Where the event affects delivery of products to
you, we will contact you to arrange a new delivery date after the event is
over.
Complaints
- We operate a complaints handling procedure which we will use to try to
resolve disputes when they first arise, please let us know if you have any
complaints or comments. Please see our Contact Us page for details of how to
get in touch with us.
19)
Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of England shall have the ex