Vegana Marketplace User Terms
VEGANAMARKETPLACE.COM - Website Marketplace Terms and Conditions of Use.
These Terms and Conditions contain the following;
- Terms of Website use
- Reference to our website Acceptable Use policy
- Terms and Conditions of supply
- Reference to our Privacy & Data Policy.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Under this Agreement, upon signing up to sell via our Website, the Parties agree to the terms included in these Terms and Conditions, and you will be bound by these terms in their entirety. These Terms and Conditions become effective at the date of your registering and signing up with the website. This document is also to be read in conjunction with our Acceptable Use policy in Clause (14).
BETWEEN: Vegana Marketplace Limited., a company registered in England & Wales under Company number 12944885 and who’s registered address is at 29 Cowslip Hill, Letchworth Garden City, SG6 4HN, United Kingdom (the “Retailer”, “Website”, "Vendor"),
AND: You, acting as a User who has been approved to use our Website marketplace.
Definitions used in this Agreement;
- Herein, www.veganamarketplace.com means the Website owned by Us. The website acts as a “Conduit” or online marketplace for the promotion of and processing of orders and sales between the Parties (Suppliers) and Customers (You).
- The Supplier shall mean anyone participating in displaying Products or services for sale via the Website to Our prospective customers with the product being sourced through the website. In addition to these terms, you may or will be bound further by the individual terms of sale and supply with the Supplier, to which you should pay close attention.
- The End User or Customer shall mean the visitors and/or customers ordering goods through the website.
- Terms of Website Use
1.1 By opening an account on this site, the Users agree to be bound by the Terms and Conditions of this Agreement, and the Parties agree to the terms included in it.
1.2 These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.veganamarketplace.com and any sub-domain site (collectively known as “Our Site” or “Marketplace”, “Platform”), whether as a guest or a registered User. Use of our site includes accessing, browsing, or registering to use our site or to purchase products or services.
1.3 Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.
1.4 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.
2.0 Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
2.1 Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
2.2 Our Cookie Policy sets out information about the cookies on our site.
2.3 If you purchase goods via our site, then our terms and conditions as well as the Supplier’s terms of supply may or will apply to the sales.
2.4 Changes to these terms can be made periodically as We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we may have made, as they are binding on you.
2.5 Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
2.6 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
2.7 Access to our site is made available free of charge. However, We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary and “As is” basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
2.9 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
3.0 Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3.1 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
3.2 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us promptly.
4.0 Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Other IP rights regarding copyright may belong to the Suppliers and Sellers who make their services and or goods available via our website platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.1 You should take special care not to infringe the IP rights or copyright of any other person or organisation when you place your orders for your products. We accept no responsibility whatsoever for any product that is made, promoted or otherwise sold via the website, which is found to infringe someone else’s copyright, design or trademark.
4.2 You may print off one copy of a page, and may download extracts, of any page(s) from our site for your own personal reference use and you may draw the attention of others to content posted on our site.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
4.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.0 No sole reliance on information
5.1 The content on our site is provided for general information only. It is not intended to amount to any form of advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
5.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or any information displayed by any Seller or Supplier is accurate, complete or up-to-date.
6.0 Limitation of our liability
6.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
6.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site.
6.4 Whatever your status as a user of this site (whether as a Personal Buyer or as a Business user), please note that in particular, we will not be liable for: (a) loss of earning profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage as a result of using our site.
6.5 You are advised to conduct your own due diligence concerning the Supplier or Seller of you Product. Appearance of the Seller or Supplier or their Products or Services does not imply any statement of worthiness, recommendation or endorsement by Us.
6.5 If you are a Consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.6 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 our site or to your downloading of any content on it, or on any website linked to it.
6.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as 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.
6.8 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you.
7.0 Uploading Content to our site
7.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
7.2 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to the concerned third parties. The rights you licence to us are described in the next paragraph (Rights in your licence).
7.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We also have the right to disclose your details to any official competent law enforcement agency or any information disclosure requested under a valid court order.
7.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
7.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
7.6 The views expressed by other users on our site do not represent our own views or values.
8.0 Rights in your license
8.1 When you upload or post content to our site, you grant us and other users of the site a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the service provided by the site and across different media and the right for us to use the content to promote the site and/or our services.
9.0 Viruses
9.1 We do not guarantee that our site will be secure or free from bugs or viruses.
9.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
9.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
10.0 Linking to our site
10.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
10.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.3 You must not establish a link to our site in any website that is not owned by you.
10.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
10.5 We reserve the right to withdraw any linking permission without notice.
10.6 If you wish to make any use of content on our site other than that set out above, please contact us.
11.0 Third party links and resources in our site
11.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
11.2 We have no control over the contents of those sites or resources
11.3 You should refer to our Privacy & Data Policy for more information concerning the use or ordering from third-party links or our site’s suppliers.
12.0 Applicable law
12.1 If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. You also hereby agree to the exclusive jurisdiction for any hearing to be heard in the courts of England.
12.2 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You also hereby agree to the exclusive jurisdiction for any hearing to be heard in the courts of England.
13.0 Contact us
To contact us, please contact us via our Contact Us page or email us at hello@veganamarketplace.com
14.0 Website Acceptable use policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our website and its Sub-domain. This acceptable use policy applies to all users of, and visitors to, our site.
14.1 Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy.
15.0 Prohibited uses
15.1 You may use our site only for lawful purposes. You may not use our site: (a) In any way that breaches any applicable local, national or international law or regulation (b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (c) For the purpose of harming or attempting to harm minors in any way (d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) (f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
15.2 You also agree: (a) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (b) Not to access without authority, interfere with, damage or disrupt: (c) any part of our site (d) any equipment or network on which our site is stored (e) any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
16.0 Interactive services
16.1 We may from time to time provide interactive services on our site, including, without limitation: (a) Chat rooms (b) Bulletin boards (c) Blog post comments (d) Tips and Tricks. You must be at least 18 year old, or of legal majority age in your own country, in order to use and order items via our website.
16.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
16.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
16.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
16.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the website Administrator, should a concern or difficulty arise.
17.0 Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
17.1 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
17.2 Contributions must: (a) Be accurate (where they state facts) (b) Be genuinely held (where they state opinions) (c) Comply with applicable law in the UK and in any country from which they are posted. Any designs, plans, illustrations or information in connection with your Product order with the Sellers on the platform, must be accurate and complete at all times. It is Your responsibility to check that all details are correct and agreed prior to any printing taking place. We will not be responsible for any omissions, mistakes, errors or incomplete information being transmitted between the Parties.
17.3 Contributions, comments, contact or private messages and orders for product must not: (a) Contain any material which is defamatory of any person or organisation (b) Contain any material which is obscene, offensive, racist, sexist, homophobic, hateful or inflammatory or likely to incite hatred (c) Promote sexually explicit material (d) Promote violence (e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age (f) Infringe any copyright, database right or trade mark of any other person (g) Be likely to deceive any person (h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence (i) Promote any illegal activity (j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety (k) Be likely to harass, upset, embarrass, alarm or annoy any other person (l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person (m) Give the impression that they emanate from us, if this is not the case (n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
18.0 Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
18.1 Failure to comply with this acceptable use policy constitutes a material breach of our terms of use on which basis you are permitted to use our site, and this may result in our taking all or any of the following actions: (a) Immediate, temporary or permanent withdrawal of your right to use our site (b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site (c) Issue of a warning to you (d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
18.2 Further legal action against you. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
18.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably feel are appropriate.
19.0 Changes to our Acceptable Use Policy
19.1 We may revise our acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
20.0 Our Terms and Conditions of supply
20.1 This policy tells you information about us and the legal terms and conditions (Terms) on which we promote or sell any of the products (Products) listed on our website (our site) to you.
20.2 These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products via our site.
We amend 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.
20.3 These Terms, and any Contract between us, are only in the English language
21.0 Legally required Information about us
21.1 We operate the website www.veganamarketplace.com and any derived sub-domains.
22.0 Contacting us if you are a consumer:
22.1 To cancel a Contract in accordance with your legal right to do so as set out in this Agreement, you just need to let the Seller or Retailer know that you have decided to cancel. Such cancellation can only take place if any work in relation to the Product has not already commenced. All Products which are by their nature, considered to be “Customised”, “Bespoke” or “Individual Works” and once work has begun on them, they are exempt from the UK and EU Consumer Contract Regulations, and do not automatically carry either cancellation or refund possibility.
22.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephone or by emailing us hello@veganamarketplace.com Whilst we cannot adjudicate in any concern or complaint, we will do our best to help you to resolve any misunderstandings or difficulties.
22.4 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 your order.
23.0 Contacting us if you are a business.
23.1 You may contact us by telephone or by emailing us at hello@veganamarketplace.com If you wish to give us formal notice of any matter in accordance with these Terms, please supply these in writing to the address shown in this Agreement.
24.0 The Offered Products or Services.
24.1 The images of the Products on our site are for illustrative purposes only and come from the individual Supplier or Seller. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
24.2 The packaging of the Products may vary from that shown on images on our site.
24.3 If you are in any way unsure about the products or services listed, or you are unsure whether the purchase satisfies you own individual needs, you should in the first instance, clarify any points with the Supplier advertising the product or service you are interested in.
24.4 Please be aware that some Suppliers do not offer goods or services ‘on approval’ and may not offer cancellations or refunds just because you have changed your mind (especially if they are located outside of the UK). If you are not sure you should always check the particular circumstances regarding your product or service with the Supplier before you commit to ordering.
25.0 Use of our site
25.1 Your use of our site is governed by our Privacy Policy, Terms of Website Use and Cookie Policy. Please take the time to read these, as they include important terms which apply to you.
26.0 How we use your personal information
26.1 We only use your personal information in accordance with our Privacy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
27.0 If you are a consumer then this clause only applies if you are a consumer.
27.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and have capacity to enter into a contract with the Suppliers or Sellers.
27.0 If you are a business customer then this clause only applies if you are a business. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
27.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
27.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
27.4 You and we agree that neither of us shall have any claim against the other for innocent or negligent misrepresentation or negligent mis-statement based on any statement in this Contract. You hereby indemnify Us from any claims arising out of any Contract or service (whether completed or not) you enter into with any third-party Supplier on our site.
28.0 How the Contract is formed
28.1 Our shopping pages will guide you through the steps you need to take to place an order via our site. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
28.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. It still remains down to the individual Seller whether they can supply you or not.
28.3 If we are unable to help supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order.
28.4 At all times, any contract for Product or services in you order will be between you and the supplier or seller who has listed on our site. You may be bound by their own terms and conditions so it is your responsibility to check this to your satisfaction. Delivery or shipping terms will be dictated by the arrangements you make between you, and it is your responsibility to ensure the accuracy of any and all shipping or delivery arrangements, including any matters related to damages, non-delivery, exchanges, refunds or dispute. Whilst we will take every effort to try and help you resolve any difficulties we are ultimately not responsible for any failures or disputes that may arise.
29.0 Our right to vary these Terms
29.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
29.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
29.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances: (a) changes in relevant laws and regulatory requirements (b) If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
30.0 Your consumer right of return and refund
31.0 This clause only applies if you are a UK or EU Consumer.
31.1 If you are a consumer, you may have a legal right to cancel a Contract/ purchase during the period shown in this agreement, which is 14 days (UK and EU Buyers only). This means that during the relevant period in certain circumstances only, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify the Supplier of your decision to cancel the Contract and receive a refund.
31.2 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.
31.3 The right to an exchange or refund will not normally apply to any Customised or Bespoke products, perishable goods, personal hygiene, medicinal or certain clothing items, and certain food items such as cakes or hand-baked products as previously outlined unless the product is faulty. You should check with the Supplier whether you will qualify or not and the decision to exchange or refund is entirely at their discretion.
31.4 Please note that at all times You alone will be responsible for payment of any import duties and taxes. Please contact your local customs office for further information before placing your order.
31.5 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 break any such laws.
32.0 Manufacturer guarantees
32.1 Some of the Products promoted via our site come with a manufacturer's guarantee. For details of any applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products or ask the Seller about this before you order. We do not make any third-party or independent guarantee or offer any warranty on your Product of any description.
32.2 If you are a consumer, any manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
33.0 Our liability if you are a business
33.1 This clause 33 to 33.4 applies if you are a business customer.
33.2 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.
33.3 We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
33.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
34.0 Events outside our control
34.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
- 2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, the Supplier’s non-availability of products or service, 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, pandemic, Government or Local Authority health lockdowns or restrictions, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
35.0 Communications between us
35.1 When we refer, in these Terms, to "in writing", this will include e-mail.
35.2 If you are a consumer you may contact us as described earlier in this document.
35.3 If you are a business (a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or e-mail.
36.0 Other important terms
36.1 We may transfer our rights and obligations or ownership under a Contract to another company or organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
36.2 Any account you open with us is personal to you. You may only transfer your rights or your obligations for that account under these Terms to another person if we agree in writing.
36.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
36.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
36.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
36.6 If you are a Consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction of any such dispute or claim.
36.7 If you are a Business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a Consumer or a Business, You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). You also agree to the exclusive venue of any hearings, to the courts in England.