BUSINESS & CREDIT ACCOUNT CUSTOMERS
This website is operated by Williamson-Dickie Europe Ltd, we are a company registered in England under company number 01757853 and our VAT number is 3467084TH.
REGISTERED OFFICE: Williamson-Dickie Europe Ltd, Second Avenue, Westfield Trading Estate, Midsomer Norton, Somerset, BA3 4BH, GB.
We offer Products on our website for purchase by consumer customers and business customers.
These are the legal terms and conditions (Terms) under which we sell the clothing, accessories and footwear listed on our website (Products) to business customers and will apply to any contract between us for the sale of Products to you (Contract) if you are a business. Please read these Terms carefully and make sure you understand them before you submit your order to us.
TERMS AND CONDITIONS OF SALE FOR BUSINESS CUSTOMERS
1 Interpretation of these Terms
1.1 Business Day means a day (other than Saturday, Sunday or public holidays) when banks in London are open for business.
1.2 Force Majeure Event has the meaning set out in clause 18.2.
1.3 Insolvency Event has the meaning set out in clause 16.3.
1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.5 A reference to a party includes its personal representatives, successors or permitted assignees.
1.6 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted and includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted from time to time.
1.7 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2 Use of our website
2.1 Your use of our website is governed by applicable law and our Terms of Website Use. Please take the time to read these before using our website, as they include important terms which apply to you. You are responsible for making all arrangements necessary for you to have access to our website.
3 How we use your personal information
4 Communications between you and us
4.1 You can contact us by telephoning us at +441761 231454, by writing to us at email@example.com or at Williamson-Dickie Europe Ltd, Second Avenue, Westfield Trading Estate, Midsomer Norton, BA3 4BH, by using the live chat function on our website or by completing the Contact Form on our website.
4.2 If we have to contact you, we will do so by telephone or in writing, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means.
4.3 When we refer in these Terms to “in writing”, this will include e-mail but not faxes.
5 Our Products
5.1 The images of the Products on our website and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colours of the Products accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours, finish or size of the Products that will be delivered to you.
5.2 Any samples of embellishments (such as embroidery or printing) are produced for the sole purpose of giving an approximate idea of the Products. They shall not form part of the Contract or have any contractual force.
6 Our Contract with you
6.1 You may place orders for Products (excluding Made to Order Products, as defined in clause 6.2 below) on our website.
6.2 If you require any made to order Products, such as embroidered, printed, bespoke or altered Products, or Products which are otherwise made to your specification (Made to Order Products), then you must contact us over the telephone on +441761 231454, by e-mail at firstname.lastname@example.org, using the live chat function on our website or by completing the Contact Form on our website before placing your order. We will then provide you with a written quotation once you have provided all the relevant information we require about your order. Made to Order Products are subject to a minimum purchase requirement (for the first order) of five items.
6.3 A quotation for the Products given by us shall not constitute an offer by us. A quotation shall only be valid for the period specified by us in the quotation or, if none is specified, a period of 30 days from its date of issue.
6.4 All orders placed are subject to these Terms and the details of your order that we notified to you during the order process. These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Before submitting an order, you will be required to confirm your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.
6.5 Your order constitutes an offer by you to purchase the Products set out in that order in accordance with these Terms. You are responsible for ensuring that your order is complete and accurate. Our acceptance of your order will take place when we e-mail you to accept it, at which point a Contract will come into existence between you and us.
6.6 If we are unable to accept your order, we will inform you of this and will not process your order. This might be because a Product is out of stock, because we have identified an error in the price or description of a Product or because we are unable to meet a delivery deadline you have requested. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.7 These Terms, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order.
7 Your content
7.1 If you have provided us with any content or material to be used by us in connection with manufacturing Made to Order Products for you (including but not limited to any logos, names, designs or drawings), you warrant that such content or material will not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) infringe any intellectual property rights of any third party;
(e) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(f) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(g) promote any illegal activity or unlawful act; or
(h) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or anxiety.
7.2 You are solely responsible for ensuring the accuracy and quality of any instructions, measurements and content you provide to us for the manufacture of the Made to Order Products. We cannot accept the return of any Made to Order Products if the reason for the return is because of any unclear instructions, or any errors or inaccuracies in the instructions, measurements or content you have provided.
7.3 If you have provided us with any content or material to be used in the manufacture of the Made to Order Products for you:
(a) you (or your licensors) shall retain ownership of your rights in such content or material;
(b) you warrant that you have all rights, licences, consents and permissions required to use such content or material in this manner and to grant us the licence under clause 7.3(c);
(c) you grant to us a non-exclusive, royalty-free, worldwide licence to use, store and copy such content or material to the extent required in order to manufacture the Made to Order Products for you; and
(d) you shall indemnify us and hold us harmless against all liabilities, costs, expenses, fines, penalties, damages and losses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property or other proprietary rights arising out of or in connection with our use of any such content or material in accordance with this clause 7.3. This clause shall survive termination of the Contract.
7.4 If we determine, in our discretion, that you have breached clause 7.1 or the warranty in clause 7.3(b), we reserve the right to refuse to accept your order, cancel your Contract or take such action as we deem appropriate.
8 Changes to the Product
8.1 We reserve the right to amend the specification of the Products if required to reflect changes in relevant laws and regulatory requirements. If we have to make any significant changes to any Product you have ordered, we will notify you and you may choose to continue with or cancel your Contract in respect of the affected Product(s).
9.1 The prices of the Products (including for any samples) will be the prices that we notified to you during the order process (however please see clause 9.5 for what happens if we discover an error in the price of any Product you order). The prices of the Products are exclusive of all delivery charges which shall also be invoiced to you.
9.2 We may, by giving notice to you, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
(a) any request by you to change the delivery date(s), quantities or types of Products ordered, or the specification of the Products; or
(b) any delay caused by your instructions or your failure to give us adequate or accurate information or instructions.
9.3 All prices are shown in British pounds sterling or the Euro (depending on the country of purchase).
9.4 You shall pay to us such amounts in respect of VAT as are chargeable on the supply of the Products. The price of a Product is stated on the consumer-friendly version of our website inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. Prices on the version of our website dedicated to business customers are stated exclusive of VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.5 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced, so that if we discover before dispatch of the Products that the Product’s correct price at your order date is higher than the price we stated when you placed your order, we will contact you as soon as possible to inform you of this error. If we accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
9.6 If you wish to apply a voucher code to your order, please provide the code during the order process. Please note the following rules apply to the use of promotional voucher codes (Codes):
(a) only one Code can be used per order;
(b) Codes cannot be used in conjunction with any other discount. If you attempt to use a Code where a discount is also available, we will automatically apply the offer which provides the greatest discount to you;
(c) Codes cannot be used in respect of purchases of Made to Order Products;
(d) additional terms and conditions may apply in respect of the use of Codes; and
(e) we reserve the right to withdraw, deactivate or otherwise terminate any Code at any time without reason and/or notice (although termination of a Code will not affect Contracts formed prior to such termination); and
(f) we reserve the right to decline to accept any Code that is invalid for the order placed or that has expired or has been terminated.
10.1 We accept payment by the following methods:
(a) for orders placed through our website: debit card and credit card (through Sagepay or Paypal);
(b) for all other orders: bank transfer, cheque or debit or credit card.
For payment by debit or credit card, we accept American Express, Visa, Mastercard, Delta and Maestro cards.
10.2 If you place your order through our website, you must pay for the Products (including all applicable delivery charges) during the order process, and we will charge the card you have chosen to use to pay for your order, immediately after you place your order on our website.
10.3 If you place your order by any other means, you must pay for the Products (including all applicable delivery charges) within 30 days of the date of our quotation. We will not accept your order and a Contract will not be formed in accordance with clause 6.5 until after we have received your payment in full in cleared funds.
10.4 You may apply for, and we may (acting in our absolute discretion) grant to you, a credit account (please see the Credit Account page of our business customer website for further details). If you apply for a credit account, we reserve the right to undertake a credit check against you (and by applying for a credit account you consent for such checks to be undertaken). If you are granted a credit account, you must place your orders for Products directly with our Sales team via quotation. You shall pay each invoice issued under the Contract in full and in cleared funds within 30 days of the date of the invoice.
10.5 Time of payment is of the essence.
10.6 If you fail to make any payment due to us under the Contract by the due date for payment, then, without prejudice to any other rights or remedies we may have under the Contract, we shall be entitled to charge interest on the overdue amount at the rate of 8% per annum above JP Morgan’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
11.1 We shall deliver the Products to the location set out in the order or such other location as we both may agree (Delivery Location).
11.2 The costs of delivery will be as set out in the Delivery page or as otherwise notified to you during the order process. Please check and ensure that you select the correct method of delivery for your order.
11.3 Standard estimated times for delivery (stated from the date of dispatch) for each method of delivery are set out on our Delivery page and we will send you an e-mail to confirm the estimated delivery date for your Products upon dispatch. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
11.4 All Products are delivered by DPD or Royal Mail, and deliveries sent by DPD must be signed for. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or a signature is required to accept delivery, our couriers are instructed to leave you a note informing you of how to rearrange delivery or collect the products from a local depot or pickup facility.
11.5 Delivery of your order shall be complete upon offloading the Products at the Delivery Location.
11.6 If after a failed delivery to you, you do not re-arrange delivery or collect your Products from the delivery depot where they are being held, we will contact you for further instructions and may charge you for storage costs (including insurance) and any further delivery costs. If you fail to re-arrange delivery or collect your Products from the delivery depot where they are being held within fourteen days, then delivery of the Products shall be deemed to have been completed at 9.00am on the fourteenth day after the day on which we attempted to deliver them to you and we shall be entitled to terminate the Contract.
11.7 If you have paid for the Products and have failed to re-arrange delivery or collect them from the delivery depot where they are being held within fourteen days of the date on which we attempted to deliver them to you, we may upon notice to you sell or otherwise dispose of part or all of the Products and after deducting reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
11.8 You must notify us by telephone or email (using the contact details set out in clause 4.1):
a) within three days of a delivery of Products, if any products are missing from that delivery; and
b) within three days of the estimated delivery date we have notified to you, if you have not received your Products (or a notice of failed delivery) by such date.
11.9 If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement Products of similar description and quality in the cheapest market available, less the price of the Products for which we have not received payment. We shall have no liability for any failure to deliver, or for any delay in delivering, the Products if you have failed to notify us in accordance with clause 11.8, or to the extent it is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products. Delays in the delivery of any Products shall not entitle you to refuse to take delivery of any Products, claim damages or terminate any Contract (subject to clause 18.4)
12 International delivery
12.1 We deliver to the countries set out in the Delivery page on our website.
12.2 If you order Products from us for delivery to a destination outside the UK:
(a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be solely responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
(b) 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 fail to comply with any such law; and
(c) if you return any Products to us from a destination outside the UK, you must ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
13 Title and risk
13.1 The risk in the Products shall pass to you on completion of delivery of those Products.
13.2 Title to the Products shall not pass to you until:
(a) we receive payment in full (in cash or cleared funds) for the Products;
(b) we notify you in writing that title in the Products has passed to you.
13.3 Until title to the Products has passed to you, you shall:
(a) store the Products in such a way that they remain readily identifiable as our property and, if practicable, separately from all other goods held by you;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(c) not charge or mortgage any of the Products (or attempt to do so) or allow any third party to seize or encumber the Products;
(d) maintain the Products in a satisfactory condition having regard to the nature of the Products and keep them insured against all risks for their full price from the date of delivery;
(e) notify us immediately if you become subject to an Insolvency Event; and
(f) give us such information relating to the location and condition of the Products as we may require from time to time.
13.4 Subject to clause 13.5, you may, before the time at which title would ordinarily pass in accordance with clause 13.2, resell the Products with good title or use the Products, in each case in the ordinary course of your business (but not otherwise). If you resell the Products before that time:
(a) you do so as principal and not as our agent; and
(b) title to the Products shall pass from us to you immediately before the time when title to the Products passes from you to your purchaser.
13.5 If, before title to the Products passes to you, you become subject to an Insolvency Event, then, without limiting any other right or remedy we may have:
(a) your right to resell or use the Products in the ordinary course of your business ceases immediately; and
(b) we may at any time:
(i) require you to deliver up all Products in your possession which have not been resold or irrevocably incorporated into another product; and
(ii) if you fail to do so promptly, enter any of your premises or premises of any third party where the Products are, or are reasonably likely to be, stored in order to recover them.
13.6 On termination of the Contact, our rights contained in this clause 13 shall remain in effect.
14.1 We offer a goodwill returns policy to all business customers. Under this goodwill returns policy, subject to the exception set out in clause 14.2, you can return the Products and request a refund within 28 days after delivery of the Products by notifying us using the following contact details:
(a) by e-mail at email@example.com;
(b) in writing at Williamson-Dickie Europe Ltd, Second Avenue, Westfield Trading Estate, Midsomer Norton, BA3 4BH; or
(c) by telephone on +441761 231454.
If you are e-mailing or writing to us, please include details of your order to help us identify it.
14.2 The right of return provided for in clause 14.1 does not apply to Contracts for Made to Order Products.
14.3 If you wish to return any Products under clause 14.1 after the Products have been dispatched to you or you have received the Products, then you must return them to us without undue delay and in any event within 14 days after the day on which you let us know that you wish to return the Products. Please see our Returns page for instructions on how to return Products to us. You will be responsible for the cost of returning the Products to us (although if you are a customer in the UK (excluding certain remote areas) you may be able to return your Products to us without incurring any postage costs, as further set out on our Returns page.
14.4 If you return Products under our goodwill returns policy set out in clause 14.1, we will refund you the price you paid for the Products, provided that all Products which have been dispatched to you are returned to us in their original packaging (if applicable), unworn and with all tags and labels attached and in tact within the deadline set out in clause 14.3. If you choose to return Products after they have been dispatched, we will not make any refund due to you until we have received all the Products back from you in satisfactory condition in accordance with this clause14.4.
14.5 Any refund will be paid by the method you used for payment.
15.1 We warrant that on delivery the Products shall be free from material defects in design, material and workmanship.
15.2 Subject to clause 15.3. if:
(a) in respect of any defects apparent on delivery, you give notice that some or all of the Products do not comply with the warranty set out in clause 15.1 in writing to us within seven days of delivery; or
(b) in respect of any defects not apparent on delivery, you give notice that some or all of the Products do not comply with the warranty set out in clause 15.1 in writing to us within seven days that such defect comes to, or ought to have come to, your attention, and in any event within three months of delivery; and
(c) we are given a reasonable opportunity of examining such Products; and
(d) you (if asked to do so by us) return such Products to our place of business at our cost,
our sole liability to you shall be, at our option, to repair or replace the defective Products, or refund the price of the defective Products in full.
15.3 We shall not be liable for Products’ failure to comply with the warranty set out in clause 15.1 in any of the following events:
(a) you make any further use of such Products after giving notice in accordance with clause 15.2;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair such Products without our prior written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(f) the Products differ from their description or any applicable specification agreed by us as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
15.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
15.5 These Terms shall apply to any repaired or replacement Products supplied by us.
16 Our rights to terminate the Contract
16.1 Without limiting any of our other rights or remedies under the Contract or under law, we may terminate the Contract with immediate effect by giving written notice to you if:
(a) you are subject to an Insolvency Event;
(b) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
(c) you are subject to a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010);
(d) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil its obligations under the Contract has been placed in jeopardy;
(e) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
(f) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(g) you do not, within a reasonable time, allow us to deliver the Products to you;
(h) you commit a material breach of any other term of the Contract, which breach is irremediable or (if such breach is remediable) which you fail to remedy within a period of 14 days after being notified in writing to do so;
(i) the circumstances set out in clause 7.4 or clause 11.6 occur.
16.2 We may also end the Contract in the circumstances set out in clause 9.5(b).
16.3 Insolvency Event means any of the following events:
(a) you suspend, or threaten to suspend, payment of your debts, are unable to pay your debts as they fall due or admit inability to pay your debts, or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed unable to pay your debts or as having no reasonable prospect of so doing, within the meaning of section 268 of the Insolvency Act 1986;
(b) you commence negotiations with any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up (other than for the sole purpose of a scheme for your solvent amalgamation or your solvent reconstruction);
(d) an application is made to court, or an order is made, for the appointment of an administrator or a notice of intention to appoint an administrator is given or an administrator is appointed over you;
(e) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver, or a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(f) (being an individual) you are the subject of a bankruptcy petition or order;
(g) any of your creditors or encumbrancers attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against any of your assets; or
(h) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events in clause 16.3(a) to clause 16.3(g) (inclusive).
16.4 Without limiting any of our other rights or remedies under the Contract or under law, we may suspend provision of the Products under the Contract or any other contract between you and us if you become subject to any of the events listed in clause 16.1(a) to 16.1(i) (inclusive) or we reasonably believe that you are about to become subject to any of the events set out in clause 16.1(a) or clause 16.1(b).
16.5 On termination of the Contract for any reason, you shall immediately pay to us all of our outstanding unpaid invoices and interest.
16.6 Termination of the Contract (however arising) shall not affect any of the parties’ rights, remedies, obligations and/or liabilities that have accrued as at termination.
16.7 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
17 Our liability to you
17.1 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) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) any matter for which we may not exclude or limit our liability under applicable law.
17.2 Subject to clause 17.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit; loss of business; business interruption or loss of business opportunity; or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
18 Force Majeure
18.1 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 a Force Majeure Event.
18.2 A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood or other extreme weather conditions, earthquake, subsidence, epidemic or other natural disaster, interruption or failure of utility service 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.
18.3 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
18.4 If the period of delay or non-performance continues for fourteen days, you may terminate the Contract by giving seven days’ written notice to us.
19 Other important terms
19.1 We may at any time assign, transfer, mortgage, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Contract.
19.2 You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.
19.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 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.
19.5 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.
19.6 Any notice given by you or us under or in connection with the Contract shall be in writing and in the English language. Notices sent by you must be sent to our operating office (set out at the start of these Terms) and notices sent by us shall be addressed to the you at your registered office (if you are a company) or your principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by pre-paid first class post (by airmail post if to an address outside the country of posting).
19.7 A notice shall be deemed served: if delivered personally, when left at the address referred to in clause 19.6, unless delivered after 5.00pm on a Business Day in which case it shall be deemed served on the next Business day; or if posted, two Business Days after posting (five Business Days after posting if sent by airmail).
19.8 The provisions of clause 4, clause 19.6 and clause 19.7 shall not apply to the service of any proceedings or other documents in any legal action.
19.9 These Terms and the details of your order that we notified to you during the order process constitute the entire agreement between you and us under the Contract. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms or the details of your order that we notified to you during the order process.
19.10 The 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.
19.11 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
19.12 If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
These Terms were most recently updated on 16 July 2018.