Terms & Conditions

Terms & Conditions of Website Usage

 

Important
Legal Notice

ATTENTION:
This legal notice applies to the entire contents of this Website
under the domain name and to any correspondence by e-mail between us
and you. Please read these terms carefully before using this Website.

Using this Website indicates that you accept these terms
regardless of whether or not you choose to register with us. If you
do not accept these terms, do not use this Website.

This
Website is for use by consumers over the age of 18 years only.

This
notice is issued by
Foundry
UK Ltd
Definitions

The following words and expressions shall have the following
meanings unless the context otherwise requires:

“Commercial
Gain”
includes, without limitation: using the Website as part of
advertising which may result in revenue generation or personal gain,
selling Goods to a third party and copying, reproducing,
distributing, publishing, transferring, licensing, selling,
commercially exploiting or duplicating any element of this Website
whatsoever;

“The Company”
means Foundry UK Limited a
company registered in England and Wales with registration number
06519804
whose registered office is at Northside House, Mount Pleasant,
Barnet, Herts, EN4 9EE;

“Goods”
means those products
available for purchase via the Website by
consumers;

“Website”
www.foundryonline.co.uk

1.
Introduction

1.1
You may access most areas of this Website without registering your
details with us.

1.2
By accessing any part of this Website, you shall be deemed to have
accepted this legal notice in full. If you do not accept this legal
notice in full, you must leave this Website immediately.

1.3
The Company may revise this legal notice at any time by updating this
posting. You should check this Website from time to time to review
the then current legal notice, because it is binding on you. Certain
provisions of this legal notice may be superseded by expressly
designated legal notices or terms located on particular pages of this
Website.

2.
Consumer information

In
the event you order Goods from the Website then you need to be aware
of the following information:

2.1
all Goods are supplied by the Company;

2.2
descriptions, prices and delivery costs of the Goods are available on
the Website and viewing such information does not place any
obligation whatsoever on you to place an order with the Company.
Please see our faq
page for information on ordering, delivery and payment;

2.3
payment for the Goods is made either via the Website when the order
is placed or via telephone by calling 020 7232 4710 using one of the
following methods of payment: Delta, Mastercard, Visa, Maestro
or Solo;

2.4
estimated delivery times are available on the Website. Whilst the
Company endeavours to have Goods delivered within 48 hours of order
placement in the event the Company does not have your Goods in stock
at the time of such order delivery may be extended up to 5 weeks.
Where delivery is likely to be in excess of 5 weeks the Company will
notify you of the likely period of delay;

2.5
under the Consumer Protection (Distance Selling) Regulations 2000 you
have the legal right to cancel any orders for any reason by issuing
the Company with a notice of cancellation in writing
within
7 working days of receipt of the Goods

quoting your order number. This
does not apply to items personalised or made to your specification
.
You must take reasonable care of the Goods whilst they are in your
possession and must not use them prior to returning them to the
Company. Any Goods returned must be in the original packaging in the
condition in which you received them;
2.6
in the event you cancel an order in accordance with clause 2.5 above
then the Company shall reimburse you for the price paid for the Goods
within 30 days of the Goods being received back at the Company’s
warehouse in their original packaging, unused.

We also reserve
the right to deduct the cost of shipping cancelled goods from the
total amount reimbursed to the customer, where payment for shipping
was not originally incurred by the customer, but instead born by the
company on the understanding that the goods were not being
returned.

2.7
the Customer may cancel the contract in the event that the Company is
in breach of any of its express or implied obligations under the
contract including the provision of faulty Goods;

2.8
unless otherwise specified, the materials on this website are
directed solely at those who access this Website from the United
Kingdom. The Company makes no representation that any products or
services referred to in the materials on this website are appropriate
for use, or available, in other locations. Those who choose to access
this site from other locations are responsible for compliance with
local laws if and to the extent local laws are applicable; and

2.9
in the event that the Goods you are not available, the Company shall
not substitute goods but shall notify you that your order shall not
be processed and any money already paid to the Company shall be
refunded.

3.
Licence

3.1
you are permitted to print and download extracts from this Website
for your own use on the following basis:

(a) no documents or related graphics
on this Website are modified in any way;
(b) no graphics on this
Website are used separately from accompanying text; and
(c) the
Company’s copyright and trade mark notices and this permission
notice appear in all copies.

3.2
unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by the Company
or its licensors. For the purposes of this legal notice, any use of
extracts from this Website other than in accordance with paragraph
3.1 above for any purpose is prohibited. If you breach any of the
terms in this legal notice, your permission to use this Website
automatically terminates and you must immediately destroy any
downloaded or printed extracts from this Website.

3.3
subject to paragraph 3.1, no part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without the Company’s prior
written permission.

3.4
any rights not expressly granted in these terms are reserved.

3.5
you must not visit or use the Website for the purposes of Commercial
Gain.

4.
Service access

4.1
while the Company endeavours to ensure that this Website is normally
available 24 hours a day, the Company shall not be liable if for any
reason the Website is unavailable at any time or for any period.

4.2
access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond the Company’s control.

5.
Visitor material and conduct

5.1
other than personally identifiable information, which is covered
under the
Privacy Policy,
any material you transmit or post to this Website shall be considered
non-confidential and non-proprietary. The Company shall have no
obligations with respect to such material. The Company and its
designees shall be free to copy, disclose, distribute, incorporate
and otherwise use such material and all data, images, sounds, text
and other things embodied therein for any and all commercial or
non-commercial purposes.

5.2
you are prohibited from posting or transmitting to or from this
Website any material:

(a) that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive,
liable to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach of
privacy or which may cause annoyance or inconvenience; or
(b) for
which you have not obtained all necessary licences and/or approvals;
or
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the rights of any
third party, in the UK or any other country in the world; or
(d)
which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).

5.3
you may not misuse the Website (including, without limitation, by
hacking).

5.4
the Website contains robot exclusion headers. Third parties may
license information on the Website to the Company. You agree that you
will not use any robot, spider, scraper or other automated means to
access the Website for any purpose without our express written
permission. Additionally, you agree that you will not: (i) take any
action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for Your
Information) from the Website without the prior expressed written
permission of the Company and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere with the proper
working of the Website or any activities conducted on the Website; or
(iv) bypass our robot exclusion headers or other measures we may use
to prevent or restrict access to the Website. We do not authorise you
to extract or re-utilise substantial parts of our Website, or to make
systematic and repeated extractions or re-utilisations of
insubstantial parts of our Website.

5.5
the Company shall fully co-operate with any law enforcement
authorities or court order requesting or directing the Company to
disclose the identity or locate anyone posting any material in breach
of paragraph 5.2, paragraph 5.3 or paragraph 5.4.

6.
Links to and from other websites

6.1
links to third party websites on this Website are provided solely for
your convenience. If you use these links, you leave this Website. The
Company has not reviewed all of these third party websites and does
not control and is not responsible for these websites or their
content or availability. The Company therefore does not endorse or
make any representations about them, or any material found there, or
any results that may be obtained from using them. If you decide to
access any of the third party websites linked to this Website, you do
so entirely at your own risk.

7.
information contained on the website

7.1
while the Company endeavours to ensure that the information on this
Website is correct, the Company does not warrant the accuracy and
completeness of the material on this Website. The Company may make
changes to the material on this Website, or to the Goods and prices
described in it, at any time without notice. The material on this
Website may be out of date, and the Company makes no commitment to
update such material. For the avoidance of doubt this clause 7.1 does
not affect your statutory rights as a consumer.

7.2
the material on this Website is provided “as is”, without any
conditions, warranties or other terms of any kind. Accordingly, to
the maximum extended permitted by law, the Company provides you with
this Website on the basis that the Company excludes all
representations, warranties and conditions and other terms (including
without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and
skill) which but for this legal notice might have effect in relation
to this Website.

8.
Liability
8.1
the Company, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of the
Company’s group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and
responsibility for any amount or kind of loss or damage that may
result to you or a third party (including without limitation, any
direct, indirect, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation
negligence), contract or otherwise) in connection with this Website
in any way or in connection with the use, inability to use or the
results of use of this Website, any websites linked to this Website
or the material on such websites, including but not limited to loss
or damage due to viruses that may infect your computer equipment,
software, data or other property on account of your access to, use
of, or browsing this Website or your downloading of any material from
this Website or any websites linked to this Website.

8.2
nothing in this legal notice shall exclude or limit the Company’s
liability for:

(a) death or personal injury caused
by the Company’s negligence; or
(b) fraudulent
misrepresentation; or
(c) any liability which cannot be excluded
or limited under applicable law, including without limitation all
relevant consumer law.

8.3
if your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs
thereof.9.
Governing law and jurisdiction

this
legal notice shall be governed by and construed in accordance with
English law. Disputes arising in connection with this legal notice
shall be subject to the exclusive jurisdiction of the English
courts.

The Website is operated by:
Foundry UK Ltd

21
Crimscott Street

London

SE1
5TE
Registered Company No.: 06519804

VAT
No: 928 522511

 

 

 

Terms & Conditions of Sale

 

Important
Legal Notice

1.
INFORMATION ABOUT US

www.foundryonline.co.uk(“website”)
is a site operated by Foundry UK Ltd (“
we
or “
us”).
We are registered in England and Wales under company number
06519804
and with our registered office at Northside House, Mount Pleasant,
Barnet, Herts, EN4 9EE. Our VAT number is 85647448. Our trading
address is 21 Crimscott Street, London, SE1 5TE.
This page
(together with the documents referred to on it) sets out the terms
and conditions (“
conditions”)
upon which we supply any of the goods (“
goods”)
listed on the website to consumers. Please read these conditions
carefully before ordering any goods from the website. In ordering any
goods from the website “
you”
as the consumer purchasing goods agree to be bound by these
conditions.
You should print a copy of these conditions for future
reference.
Please click on the button marked “
I
Accept
” at the end
of the conditions if you accept them. Please understand that if you
refuse to accept the conditions, you will not be able to order any
goods from the website.
2.
SERVICE AVAILABILITY

2.1
Our website is only intended for use by people resident in the
countries listed in the serviced countries page on our website
(“
serviced
countries
”).
We do not accept orders from outside those countries.
2.2
If you order goods from outside the United Kingdom, those goods may
be subject to import duties and/or taxes which are levied when the
goods reach their destination. You accept responsibility for
the payment of any such import duties and/or taxes.
2.3
You must comply with any laws and regulations of the country for
which the goods are destined. We will not be liable for any
breach by you of any such laws.

3.
YOUR STATUS

3.1
By placing an order through our website, you warrant that:

(a)
you are legally capable of entering into binding contracts; and
(b)
you are (in the case of an individual) at least 18 years old;
(c)
you are resident in one of the serviced countries; and
(d)
you are purchasing the goods as a consumer. If you wish to
purchase any goods for business purposes then our terms and
conditions of sale to businesses will apply to the contract.

4.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1
The contract for the sale of the goods by us to you (“contract”)
will only be formed in accordance with this
condition
4
. These
conditions apply to the sale by us to you of all and any goods
purchased through the website or by telephone and govern each
contract to the exclusion of any other terms and conditions
introduced or submitted by you.
4.2
Please see our Frequently Asked Questions page for information on how
to place an order and how to amend an order during the ordering
process.
4.3
After placing an order through the website, you will receive an
e-mail from us acknowledging that we have received your order and
comprising a description of the goods, the price of the goods and the
delivery costs (where applicable), and the estimated delivery time
for the goods (“
e-mail
confirmation
”).
Please note that this does not mean that your order has been
accepted. Your order constitutes an offer to us to buy the
goods. All orders (whether through the website or by telephone)
are subject to acceptance by us, and the contract will only be formed
when we despatch the goods to you.
4.4
Any typographical error or omission in any sales literature,
quotation, price list, e-mail confirmation, invoice or other document
or information issued by us are subject to correction without any
liability on our part.
4.5
Any advice or recommendation given by us to you as to the storage,
application or use of the goods which is not confirmed in writing by
us is followed or acted upon entirely at your own risk.
4.6
You will take responsibility for retaining a copy of any e-mail
confirmation received in accordance with
condition
4.3
above.

5.
CONSUMER RIGHTS

5.1
You are legally entitled to cancel the contract at any time within
seven days from the date of receipt of the goods by you (the
cancellation
period
”). If
the contract is cancelled in this way within the cancellation period
you will receive a full refund of the price paid for the goods in
accordance with our refund policy set out in
condition
12
.
5.2
In order to exercise your right of cancellation you must provide us
with written notice of your cancellation within the cancellation
period. The goods must then be returned to us, unused, in their
original packaging, in the same condition in which you received them,
at your own cost and risk. You must take reasonable care of the
goods while they are in your possession. If you fail to do so,
we may have a right of action against you for compensation.
5.3
You will have no right to cancel a contract for the supply of any
goods which are personalised or made for your specification in any
way.

6. PRICE
AND PAYMENT

6.1
Payments must be made when you place an order (please see How to use
this Website for payment information). We will carry out the
necessary card verification processes and check availability of the
goods on receipt of your order. If we are unable to supply any goods
for any reason, we will inform you as soon as possible and we will
provide you with a refund for these goods within 30 days.
6.2
The price to be paid by you is the price displayed on the website at
the time when your order is received by us.
6.3
If we discover an error in the price of the goods ordered by you, we
will notify you as soon as possible providing you with the option of
either reconfirming the order at the correct price or cancelling the
order. If we are unable to contact you for the purposes of this
condition 6.3,
the order will be deemed cancelled and where you have already made
payment for the goods this will be refunded in full.
6.4
We are under no obligation to provide goods to you at an incorrect
price, even after we have issued an e-mail confirmation if the
pricing error is obvious and unmistakeable and could have reasonably
been recognised by you as a mis-pricing.
6.5
Payment must be made by one of the credit or debit cards listed in
the Frequently Asked Questions section of the website. No
payment will be deemed to have been received until we have received
cleared funds.
6.6
The prices for the goods are inclusive of any value added tax but do
not include delivery charges unless expressly stated otherwise.
6.7
If any additional delivery costs become payable by you pursuant to
condition 8.1 we shall invoice you immediately in respect of these
costs. Any such invoice shall be payable within 30 days of the
date of the invoice.

7.
PACKAGING

We will
use reasonable endeavours to ensure the goods are appropriately
packaged prior to despatch but the packaging of the goods is at our
discretion and we have the right to pack all the goods in such
manner, and in such quantities as we think fit and we are not obliged
to comply with any packaging requests or instructions from you.

8.
DELIVERY

8.1
Unless otherwise agreed, we will deliver the goods to the delivery
address notified to us by you at the time of order. In the
event that you notify us of any change to the delivery address after
the date on which the goods have been despatched to you, we reserve
the right to pass on any additional delivery costs to you,
8.2
Subject to condition
8.3
, we will use
reasonable endeavours to deliver the goods within 48 hours of the
E-mail Confirmation where such delivery is within the United Kingdom
mainland. However, delivery of goods not held in stock may take up to
[5] weeks. In any event, if we cannot fulfil your order within
30 days of your payment we will notify you of this situation and you
will be entitled to a refund if you do not wish to wait any longer
for the goods.
8.3
Any delivery dates given by us are estimates only. Time of delivery
is not of the essence of the contract.
8.4
If for any reason you fail to accept delivery of any of the goods
when they are ready for delivery, or we are unable to deliver the
goods on time because you have not provided appropriate instructions,
documents, licences or authorisations:
8.4.1
risk in the goods will pass to you (including for loss or damage
caused by our negligence);
8.4.2
the goods will be deemed to have been delivered; and
8.4.3
we may store the goods until delivery, whereupon you shall be liable
for all related costs and expenses (including, without limitation,
storage and insurance.
8.5
We may deliver the goods to you by separate instalments. Each
instalment is a separate contract and no cancellation or termination
of any one contract relating to an instalment shall entitle you to
cancel any other contract or instalment.
8.6
It is your responsibility to check the goods for any damage and that
they are what you ordered upon receipt and you must inform us of such
damage within [48] hours of delivery. If you fail to inform us
of any such damage, you are deemed to have accepted the goods.
8.7
You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or
other permits to purchase goods from our site. The importation
or exportation of certain goods to you may be prohibited by certain
national laws. We make no representation and accept no
liability in respect of the export or import of the goods you
purchase.

9.
RISK/TITLE

9.1
The goods will be at your risk from the time of delivery (or deemed
delivery).
9.2
Ownership of the goods will pass to you when we have received payment
for the goods from you in full and the goods have been delivered to
you.

10.
WARRANTIES

10.1
If you are buying goods through our website, the goods are directed
solely at those who access the website from the serviced countries.
We make no representations that any goods are appropriate for use or
available in other locations.
10.2
We warrant that on delivery, the goods shall be of satisfactory
quality and reasonably fit for all the purposes for which products of
the kind are commonly supplied.
10.3
If the goods we deliver are not what you ordered or are damaged or
defective you must give us written notice of the problem within 48
hours of receipt of the goods by you.
10.4
If any of the goods do not conform with the warranty in condition
10.2
the provisions
set out in
condition
12
will apply.
10.5
If we comply with condition
10.4
we will have no
further liability for a breach of the warranty in

condition 10.2 in
respect of such goods.
10.6
Notwithstanding the provisions set out in this condition
10
you acknowledge
that we do not manufacture the goods but we will endeavour to
transfer to you the benefit of any warranty or guarantee given to us
by the manufacturer.

11.
LIABILITY

11.1
Subject to conditions
5, 8
and 10,
the following provisions set out our entire financial liability to
you in respect of:
11.1.1
any breach of these conditions;
11.1.2
any use made or resale by you of any of the goods; and
11.1.3
any representation, statement or tortious act or omission including
negligence arising under or in connection with the contract.
11.2
All warranties, conditions and other terms implied by statute or
common law (save for the conditions implied by sections 12, 13, 14
and 15 of the Sale of Goods Act 1979) are, to the fullest extent
permitted by law, excluded from the contract.
11.3
Nothing in these conditions excludes or limits our liability to
you:
11.3.1
for death or personal injury caused by our negligence;
11.3.2
for any matter which it would be illegal for us to exclude or attempt
to exclude our liability; or
11.3.3
for fraud or fraudulent misrepresentation.
11.4
Subject to conditions
11.2
and
11.3:
11.4.1
we will not be liable, whether in tort (including for negligence or
breach of statutory duty), contract misrepresentation or
otherwise for:

(i)
loss of income or revenue;
(ii)
loss of business;
(iii)
loss of profits;
(iv)
loss of contracts; or
(v)
any special, indirect, consequential or pure economic loss, costs,
damages, charges or expenses.

11.4.2
our total liability in contract, tort (including negligence or breach
of statutory duty), misrepresentation, restitution or otherwise,
arising in connection with the performance or contemplated
performance of the contract is limited to the price paid for the
goods.
11.5
Where you buy any goods from a third party seller through our
website, the seller’s individual liability will be set out in the
seller’s terms and conditions.
11.6
Nothing in these conditions is intended to limit or exclude any
rights you may have as a consumer or to limit or exclude the contract
cancellation rights set out in
condition
5.

12.
REFUNDS AND EXCHANGE POLICY

12.1
Refunds will be provided in the following circumstances:
12.1.1
Change of mind

In the event that you cancel the contract within the cancellation
period, in accordance with condition 5, having provided us with
written notice of your cancellation within the cancellation period
and having returned the goods to us, unused, in their original
packaging, in the same condition in which you received them, at your
own cost and risk, we will process the refund due to you as soon as
possible and, in any case, within 30 days of the day you gave notice
of cancellation. In such circumstances we will refund the price
of the goods in full, including the cost of sending the goods to you.
You are responsible for the cost of returning the goods to us;
or
12.1.2
Faulty/damaged goods

If you wish to cancel the contract for any other reason (for
instance, because you claim that the goods are defective or do not
conform with their description) you should contact us at
customerservice@foundry.uk.com giving us full particulars (including
photographic evidence if available) of the defective nature of the
goods. If necessary, we will examine the returned goods and
will notify you of the results of such examination within a
reasonable period of time. If the goods are found to have been
defective then we will (at your option) offer to repair or replace
the goods, or reduce or refund the price of the goods. We will
usually process any refund due to you as soon as possible and, in any
case, within 30 days of the confirmation to you that you are entitled
to a refund for the defective goods. Goods returned by you as a
result of a defect will be refunded in full, including a refund of
the delivery charges for sending the item to you (if paid by you) and
the cost incurred by you in returning the item to us.
12.2
We will usually refund any money received from you using the same
method originally used by you to pay for the goods.
12.3
In addition to your rights under condition
5
, we will exchange
any goods returned to us within 30 days of receipt of the goods by
you. The goods must be returned to us, unused, in their
original packaging, in the same condition in which you received
them. In such circumstances we will request from you details of
the exchange goods and any difference in price will be charged or
debited to the original payment card prior to despatch of the
exchange goods. You will be responsible for all delivery
charges incurred in returning the goods to us and despatching the
exchange goods to you.

13
COMPLAINTS POLICY

We
are committed to providing a quality service to you and value your
views, opinions and feedback on any goods which have been supplied to
you or the service which we have provided to you. If we have
not performed any of our duties to a satisfactory standard please
contact us and we will endeavour to rectify any problems.
If the
complaint relates to the quality or specification of goods please
refer to our refund policy at
condition
12
. For any
other complaints, queries or to provide us with feedback, please
contact us at customerservice@foundry.uk.com. We will endeavour
to contact you within 3 working days of receiving your email and will
work closely with you in trying to resolve any problems fairly and
quickly and to ensure that both our goods and the services which we
have provided to you are to your satisfaction.

14.
WRITTEN COMMUNICATIONS

Applicable
laws require that some of the information or communications we send
to you should be in writing. When using the website, you accept that
communication with us will be mainly electronic. We will contact you
by e-mail or provide you with information by posting notices on the
website. For contractual purposes, you agree to this electronic means
of communication and acknowledge that all contracts, notices,
information and other communications that you provide to us
electronically comply with any legal requirement that such
communications be in writing. The provisions set out in this
condition do not affect your statutory rights.

15.
NOTICES

All
notices given by you to us must be sent either by e-mail to
customerservice@foundry.uk.com or by post at the trading address set
out in
condition 1
above. We may give notice to you at either the e-mail address or
postal address you provide to us when placing an order, or in any of
the ways specified in
condition
14
above. Notice
will be deemed received and properly served immediately when posted
on the website, 24 hours after an email is sent, or three days after
that date of posting of any letter. In proving the service of any
notice, it will be sufficient to prove, in the case of a letter, that
such letter was properly addressed, stamped and placed in the post
and, in the case of an e-mail, that such e-mail was sent to the
specified e-mail address of the addressee.

16
GENERAL

16.1
We may assign the contract or any part of it to any person, firm or
company. You may not be entitled to assign the contract or any
part of it without our prior written consent.
16.2
We may defer the date of delivery or cancel the contract or reduce
the volume of the goods ordered by you (without liability) if we are
prevented from or delayed in the carrying on of our business due to
circumstances beyond our reasonable control including, without
limitation, acts of God, governmental actions, war or national
emergency, acts of terrorism, protests, riot, civil commotion, fire,
explosion, flood, epidemic, lock-outs, strikes or other labour
disputes (whether or not relating to either party's workforce), or
restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials.
16.3
If any provision of the contract or these terms are found by any
court, tribunal or administrative body of competent jurisdiction to
be wholly or partly illegal, invalid, void, voidable, unenforceable
or unreasonable it will to that extent be severed and the remaining
provisions of the contract or these conditions and the remainder of
such provision shall continue in full force and effect.
16.4
Failure or delay by us in enforcing or partially enforcing any
provision of the contract shall not be construed as a waiver of any
of our rights under the contract.
16.5
Any waiver by us of any breach of, or any default under, any
provision of the contract by you shall not be deemed a waiver of any
subsequent breach or default and shall in no way affect the other
terms of the contract.
16.6
No term of the contract shall be enforceable by virtue of the
contracts (Rights of Third Parties) Act 1999 by any person that is
not a party to it.
16.7
These conditions, together with our current website prices, delivery
details, contract details and privacy policy, set out the whole of
our agreement relating to the supply of the goods to you by us.
Nothing said by any sales person on our behalf should be understood
as a variation of these terms and conditions or as an authorised
representation about the nature or quality of any goods offered for
sale by us. Save for fraud or fraudulent misrepresentation, we
shall have no liability for any such representation being untrue or
misleading.
16.8
The formation, existence, construction, performance, validity and all
aspects of the contract shall be governed by English law and any
disputes shall be resolved exclusively in the English Courts.



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