Terms
This page (together with our Privacy Policy and Cookie Policy gives you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website at www.terramundi.co.uk (our site) to you the consumer and to the wholesaler excluding those items listed ‘Online exclusive’.
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 us. 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 from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 13. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 8 November 2018 .
These Terms, and any Contract between us, are only in the English language.
1 Information about us
1.1 We operate the website www.terramundi.co.uk. We are Terramundi Money Pots Limited which is a company incorporated in England and Wales and registered under company number 4154468.
Our trading address is 33 Millmead Industrial Estate, Millmead Road, London N17 9QU.
Our VAT number is 749 1635 08.
1.2 Contacting us if you are a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 14, you just need to let us know that you have decided to cancel. There are many ways of doing this including; complete the cancellation form on our site. You can also e-mail us at moneypots@terramundi.co.uk or contact us by telephone on +44 (0)20 8808 3818 or by post at Unit 33, Millmead Industrial Estate, Millmead Road, London N17 9QU. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you use any of these methods we will e-mail you to confirm we have received your cancellation.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us at +44 (0)20 8808 3818 or by e-mailing us at moneypots@terramundi.co.uk.
1.2.3 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.
1.3 Contacting us if you are a business. You may contact us by telephoning us at +44 (0)20 8808 3818 or by e-mailing us at moneypots@terramundi.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 22.3.
2 Our Products
2.1 The images of the Products on our site are for illustrative purposes only. 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.
2.2 Although we have made every effort to be as accurate as possible, because our Products are handmade and hand-painted, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 10% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 We may update our site from time to time, and may change the content and range of products offered at any time. 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.
2.5 We do not guarantee that our site or any content on it will be free from errors or omissions.
3 Use of our site
3.1 Our site is made available free of charge.
3.2 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 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.
3.3 You are responsible for making all arrangements necessary for you to have access to our site.
3.4 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.
3.5 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
4 Viruses
4.1 We do not guarantee that our site will be secure or free from bugs or viruses.
4.2 You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
4.3 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.
5 Linking to our site
5.1 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.
5.2 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.
5.3 You must not establish a link to our site in any website that is not owned by you.
5.4 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.
5.5 We reserve the right to withdraw linking permission without notice.
5.6 If you wish to make any use of content on our site other than that set out above, please contact moneypots@terramundi.co.uk to seek our permission which we may withhold in our absolute discretion.
6 Third party links and resources in our site
6.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
6.2 We have no control over the contents of those sites or resources.
7 Your account and password
7.1 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.
7.2 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.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at moneypots@terramundi.co.uk or Unit 33, Millmead Industrial Estate, Millmead Road, London N17 9QU.
8 Intellectual property rights
8.1 We are the owner or the licensee of all intellectual property rights in our products and in our site and in the material published on our site. Those works are protected by copyright and design laws and other intellectual property rights around the world. All such rights are reserved.
8.2 You may print off one copy and may download extracts of any page(s) from our site for your personal use and you may draw the attention of others within your household or organisation to content posted on our site.
8.3 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.
8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
8.5 You must not use any part of our products, our promotional materials or the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 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.
8.7 “Terramundi” is a UK registered trade mark with registration number 2233740.
9 How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
10 If you are a consumer
This clause 10 only applies if you are a consumer.
10.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
11 If you are a business customer
This clause 11 only applies if you are a business.
11.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products. This could include email, fax, in person, telephone via our website or through an authorised agent.
11.2 These Terms and any document expressly referred to in them and our Privacy Policy 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.
11.3 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 or our Privacy Policy.
11.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
12 How the contract is formed between you and us
12.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
12.2 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. Our acceptance of your order will take place as described in clause 12.3.
12.3 We will confirm our acceptance to you by sending you an e-mail which confirms that the order is being processed by us. The Contract between us will only be formed when we send you confirmation of processing of your order (Order Confirmation).
12.4 If we are unable to supply you with a Product for any reason, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or the quantity of Products ordered or because of an error in the price on our site as referred to in clause 17.5, we will inform you of this by e-mail and we will not process your order. If we are only able to fulfil part of your order, we will give you the option of cancelling your order or placing a revised order for the reduced number of Products. If you have already paid for the Products, we will refund you as applicable the full amount including any delivery costs charged if you cancel your order or the difference in the amount between your original order and your revised order as soon as possible.
12.5 We reserve the right to refuse to fulfil orders for personalised Products which we consider in our absolute discretion to be offensive or tasteless.
12.6 This condition applies if you are a business:
We reserve the right to refuse to supply Products to any customer whom we consider in our absolute discretion will not maintain or will damage the image and allure of the Terramundi Money Pots brand. Reasons for our refusal may include (but are not limited to) customers not having their own brand, not offering a range of attractive, quality giftware from a range of suppliers, not presenting goods in a clear and attractive way with product information, altering the goods before re-selling them, and not having an attractive website design which includes own photography/design elements and regular refreshing of on-line “shop fittings”. This condition applies to purchases of Products which are or which we consider are destined for re-sale to another party. We will consider such conduct to be inconsistent with our need to maintain the brand image of Terramundi Money Pots.
12.7 This condition applies if you are a business:
Due to current capacity issues we are placing a limit of 72 money pots per wholesale customer per month. This will be revised on regular basis.
13 Our right to vary these Terms
13.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
13.2 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.
13.3 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. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
14 Your consumer right of return and refund
This clause 14 only applies if you are a consumer.
14.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 14.2. This means that, during the relevant period, 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 us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
14.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|
Your Contract |
End of the cancellation period |
|
Your Contract is for a single Product. |
The end date is the end of 14 days after the day on which you receive the Product.Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. |
|
Your Contract is for multiple Products which are delivered on separate days. |
The end date is 14 days after the day on which you receive the last of the separate Products ordered.Example: if we provide you with an Order Confirmation on 1 January and you receive the first of your separate Products on 10 January and last separate Product on 15 January you may cancel in respect any or all of the separate Products at any time between 1 January and the end of the day on 29 January. |
|
Your Contract is for the regular delivery of a Product over a set period. |
The end date is 14 days after the day on which you receive the first delivery of the Products.Example: if we provide you with an Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year. |
14.3 To cancel a Contract, you just need to let us know that you have decided to cancel. There are many ways of doing this including; complete the cancellation form on our site. You can also e-mail us at moneypots@terramundi.co.uk or contact us by telephone on +44 (0)20 8808 3818 or by post at Unit 33, Millmead Industrial Estate, Millmead Road, London N17 9QU. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you use any of these methods we will e-mail you to confirm we have received your cancellation.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
14.4 If you cancel your Contract we will:
14.4.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to reflect the reduction in the value of the goods,
14.4.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option,
14.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 14.7;
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
14.5 If you have returned the Products to us under this clause 14 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
14.6 We will refund you by the method you originally made.
14.7 If a Product has been delivered to you before you decide to cancel your Contract:
14.7.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page for our returns address and how to arrange a return,
14.7.2 unless the Product is faulty or not as described (in this case, see clause 14.5), you will be responsible for the cost of returning the Product to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
14.8 Since you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 14 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15 Delivery
15.1 We will contact you with an estimated delivery timescale, which will usually be within 14 days after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control (see clause 21 for our responsibilities when this happens).
15.2 If no one is available at your address to take delivery, please check the tracking information provided, occasionally carriers post notes through your door when they have been unable to make a delivery, please follow the instructions on that communication.
15.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
15.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 15.5 only applies if you are a consumer.
15.5 If we miss the 14 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
15.5.1 we have refused to deliver the Products;
15.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
15.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
15.6 If you do not wish to cancel your order straight away or do not have the right to do so under clause 15.5, you can give us a new deadline for delivery, which must be reasonable and you can cancel your order if we do not meet the new deadline.
15.7 If you do choose to cancel your order for late delivery under clause 15.6 or clause 15.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and we will pay the reasonable costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
16 International delivery
16.1 We deliver to the European Union, the USA, Canada and many other countries, for more information on the costs of delivery to a specific country please email moneypots@terramundi.co.uk
16.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
16.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
16.4 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 law.
17 Price of products and delivery charges
17.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 17.5 for what happens if we discover an error in the price of Product(s) you ordered.
17.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
17.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.
17.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process if you are a Consumer, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges. If you are Business our order confirmation will detail any delivery charges if applicable.
17.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
17.5.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
17.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
18 How to pay
18.1 You can only pay for Products using a debit card, credit card, cheque or by BACS transfer to our bank account (details available upon request). We accept the following card payment methods: American Express, Apple Pay, Visa, Mastercard, PayPal. We do not accept any other payment methods unless we have entered into a prior written agreement with you to do so.
18.2 For on-line consumer orders payment for the Products and all applicable delivery charges is taken upon completion of the ordering process and prior to dispatch of the goods.
19 Our liability if you are a business
This clause 19 only applies if you are a business customer.
19.1 Nothing in these Terms limits or excludes our liability for:
19.1.1 death or personal injury caused by our negligence;
19.1.2 fraud or fraudulent misrepresentation;
19.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
19.1.4 defective products under the Consumer Protection Act 1987.
19.2 Subject to clause 19.1, 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:
19.2.1 any loss of profits, sales, business, or revenue;
19.2.2 loss or corruption of data, information or software;
19.2.3 loss of business opportunity;
19.2.4 loss of anticipated savings;
19.2.5 loss of goodwill; or
19.2.6 any indirect or consequential loss.
19.3 Subject to clause 19.1, our total liability to you in respect of all 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 in your order.
19.4 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.
19.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material which 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.
19.6 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.
20 Our liability if you are a consumer
This clause 20 only applies if you are a consumer.
20.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
20.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 We do not in any way exclude or limit our liability for:
20.3.1 death or personal injury caused by our negligence;
20.3.2 fraud or fraudulent misrepresentation;
20.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
20.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
20.3.5 defective products under the Consumer Protection Act 1987.
20.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material which 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.
20.5 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.
21 Events outside our control
21.1 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 in clause 21.2.
21.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, denial of service attacks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
21.3.1 we will contact you as soon as reasonably possible to notify you; and
21.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received by any reasonable method and we will refund the price you have paid, including any delivery charges.
22 Communications between us
22.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
22.2 If you are a consumer you may contact us as described in clause 1.2.
22.3 If you are a business:
22.3.1 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.
22.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 a.m. on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
22.3.3 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.
22.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23 Other important terms
23.1 We may transfer our rights and obligations under a Contract to another 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.
23.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
23.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
23.4 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 to the fullest extent permissible by law.
23.5 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.
23.6 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 (including disputes relating to non-contractual obligations) arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (including in disputes relating to non-contractual obligations). However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.
23.7 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 disputes relating to non-contractual obligations) shall be governed by and construed in accordance with the law of England and Wales.
23.8 If you are a business, we both 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 disputes relating to non-contractual obligations).