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Terms & Conditions

 

The customer's attention is drawn in particular to the provisions of clause 11.

1. Interpretation

1.1            Definitions. In these Conditions, the following definitions apply:

Business Day

means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Conditions

means the terms and conditions set out in this document as amended from time to time in accordance with clause 14.8.

Content Pack

means the content pack/s available for a free trial set out under clause 3 to include Business Studies, Design & Technology, English, Geography, ICT, Maths, Music, Physical Education, Religious Education and Science.

Contract

means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

Customer

means the person or firm who purchases the Goods from the Supplier.

Force Majeure Event

 has the meaning given in clause 13.

Goods

means the goods (or any part of them) set out in the Order.

Order

means the Customer's order for the Goods, as set out on the Supplier’s website and / or Purchase Order Form

Privacy Policy

means the privacy policy available on the Supplier’s website as amended from time to time.

Purchase Order Form

means the purchase order form as set out on the Supplier’s website and / or in the Supplier’s brochure or the Customer’s official purchase order as set out on the Customer’s headed paper .

Returns and Refunds

means the returns and refunds section available on the Supplier’s website as amended from time to time.

Supplier

 

Trial Period

means Chris Malcolm Limited trading as Daydream Education (registered in England and Wales with company number 04216204).

means the period of time as published on the Supplier’s website and amended from time to time that the Customer can access the Content Pack as a free trial in order to evaluate the Goods. 

Website Terms of Use

means the website terms of use available on the Supplier’s website as updated from time to time.

 

1.2            Construction. In these Conditions, the following rules apply:

1.2.1               A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2.2               A reference to a party includes its personal representatives, successors or permitted assigns.

1.2.3               A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.2.4               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.

1.2.5               A reference to writing or written includes faxes and e-mails.

2. Basis of contract

2.1            These Conditions include the Supplier’s Website Terms of Use, Returns and Refunds and Privacy Policy which can be accessed on the website via hyperlink.

2.2            All Orders that you place on this website will be subject to acceptance in accordance with these Conditions.

2.3            These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.4            The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

2.5            The Order shall only be deemed to be accepted when the Supplier despatches the Goods to the Customer at which point the Contract shall come into existence. 

2.6            The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.

2.7            Any samples, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.

2.8            A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 30 Business Days from its date of issue.

3. Free Trial

3.1            The Customer is eligible for a free trial to evaluate the Goods before purchase of the Goods subject to these Terms and Conditions.

3.2            The Customer must in order to obtain a free trial, place an Order via the Supplier’s website; or via fax or post by downloading and completing an order form provided on the Supplier’s website.

3.3            When an Order has been placed the Customer will receive the free trial Content Pack with a returns letter. 

3.4            The Customer will have access to the free trial Content Pack during Trial Period which will commence from the date of installation.

3.5            If the Customer does not purchase any of the Goods following the Trial Period; the Customer is obligated to remove all the Supplier’s Content Pack from their systems and read, sign and return the letter that was provided as set out in clause 3.3.  This letter must be signed by the Head Teacher and IT Co-ordinator and returned with the Content Pack to the Supplier.

3.6            If the free trial Content Pack is not returned to the Supplier after the Trial Period has come to an end; the Supplier will assume that the Content Pack is being kept and the Supplier will invoice accordingly. 

4. Delivery

4.1        The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.

4.2            The Supplier shall deliver the Goods to the location set out in the Order (Delivery Location) at any time after receipt of the Order.

4.3            All Goods must be signed for by an adult aged 18 years or over on delivery.

4.4            In accordance with clause 4.9.1 delivery of the Goods shall be completed at 9.00am on the third Business Day after the date on which the Goods have left the Supplier’s warehouse.

4.5            Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.6            If the Supplier fails to deliver the Goods, its liability shall be limited to the reasonable costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.7            Any delay in delivery will not entitle the Customer to cancel the Order unless and until the Customer has given 7 days written notice to the Supplier requiring delivery to be made.

4.8            If the Customer cancels an Order in accordance with clause 4.7 then:

4.8.1               The Supplier will refund to the Customer any sums which the Customer has paid to the Supplier in respect of that Order or part of the Order which has been cancelled;

4.8.2               The Customer will be under no liability to make any further payments under clause 7 in respect of that Order or part of the Order which has been cancelled.

4.9            If the Customer fails to take  delivery of the Goods within three Business Days of the  Goods being despatched from the Supplier’s warehouse then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract:

4.9.1               delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Goods have left the Supplier’s warehouse; and

4.9.2               the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

4.10         If 10 Business Days after the day on which the Goods have been despatched from the Supplier’s warehouse and the Goods are returned for failure of the Customer accepting delivery, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

4.11         In the event an Order is placed by the Customer via a Purchase Order Form either by post, fax and / or online and the Goods have been accepted and despatched from the Supplier’s warehouse an invoice shall be issued to the Customer.

4.12         The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

4.13         Nothing in this clause 4 shall affect the rights of the Customers acting as Consumers as set out in clause 12.

5. Quality

5.1            The Supplier warrants that on delivery, and for a period of 3 months from the date of delivery (warranty period), the Goods shall:

5.1.1               be free from material defects in design, material and workmanship; and

5.1.2               be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

5.1.3               be fit for any purpose held out by the Supplier.

5.2            Subject to clause 5.3, if:

5.2.1               the Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;

5.2.2               the Supplier is given a reasonable opportunity of examining such Goods; and

5.2.3               the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the  Customer's cost,

the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

5.3            The Supplier shall not be liable for Goods' failure to comply with the warranty set out in clause 5.1 in any of the following events:

5.3.1               the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;

5.3.2               the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

5.3.3               the Customer alters or repairs such Goods without the written consent of the Supplier;

5.3.4               the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;

5.3.5               the Customer has failed to notify the Supplier of any defect or suspected defect within 7 days of delivery where the defect should be apparent on reasonable inspection or within 7 days of the same coming to the knowledge of the Customer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than 3 months from the date of delivery; or

5.3.6               the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

5.4            Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.

5.5            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.

5.6            These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

6. Title and risk

6.1            The risk in the Goods shall pass to the Customer on completion of delivery.

6.2            Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:

6.2.1               the Goods; and

6.2.2               any other goods or services that the Supplier has supplied to the Customer in respect of which payment has become due.

6.3            Until title to the Goods has passed to the Customer, the Customer shall: 

6.3.1               hold the Goods on a fiduciary basis as the Supplier's bailee; 

6.3.2               store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property; 

6.3.3               not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

6.3.4               maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

6.3.5               notify the Supplier immediately if it becomes subject to any of the events listed in clause 10.2; and

6.3.6               give the Supplier such information relating to the Goods as the Supplier may require from time to time,

but the Customer may resell or use the Goods in the ordinary course of its business.

6.4            If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 10.2, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

7. Price and payment

7.1            Subject to clause 7.3 the price of the Goods shall be the price set out on the website at the time the Supplier receives the Customer’s Order apart from the following exception: -

7.1.1               If the Supplier discovers an error in the price of Goods the Customer has ordered then the Supplier will inform the Customer as soon as possible and provide the Customer with an option of re-confirming the Order at the correct price or cancelling the Order.  In the event the Supplier is unable to contact the Customer the Supplier will deem the Order as cancelled and the Customer will receive a full refund.

7.2            Payment for the Goods shall, once all cards details and stock availability has been verified and checked, be taken at the time the Supplier receives the Customer’s Order.  In the event that the Supplier is unable to supply the Goods ordered by the Customer the Supplier will inform the Customer of the same as soon as reasonably possibly.  A full refund will be given where the Customer has already paid for the Goods. 

7.3            The Supplier may, by giving notice to the Customer at any time up to 7 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

7.3.1               any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

7.3.2               any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

7.3.3               any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

7.4            In accordance with clause 4.11 the Supplier may invoice the Customer for the Goods once the Goods have been despatched from the Supplier’s warehouse.

7.5            The Customer shall pay the invoice in full and in cleared funds within 30 Business Days of the date of the invoice. Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence.

7.6            The price of the Goods is exclusive of amounts in respect of value added tax (VAT) and any other applicable sales tax or duty which will be added to the sum in question unless expressly stated otherwise.

7.7            The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.

7.8            Payment can be made by any method specified in Website Terms of Use.  For information about secure on-line ordering see security.

8. Returns, Cancellations and Substitutions

8.1            In the unlikely event that the Customer receives any faulty or damaged Goods, please refer to the Supplier’s Returns and Refunds section.

8.2            All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

9. Intellectual Property

9.1            The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the Customer’s use of this website shall remain at all times vested in the Supplier or the Supplier’s licensors.  The Customer is permitted to use the material only as expressly authorised by the Supplier or our licensors.

9.2            The Customer acknowledges and agrees that the material and content contained within the Website is made available for the Customer’s personal non-commercial use only and that the Customer may only download such material and content for the purpose of using the website.  The Customer further acknowledges and agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.    

10. Customer's insolvency or incapacity

10.1         If the Customer becomes subject to any of the events listed in clause10.2, or the Supplier reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Supplier, the Supplier may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and the Supplier without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.

10.2         For the purposes of clause 10.1, the relevant events are:

10.2.1            the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;

10.2.2            the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

10.2.3            (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;

10.2.4            (being an individual) the Customer is the subject of a bankruptcy petition or order;

10.2.5            a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

10.2.6            (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;  

10.2.7            (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;

10.2.8            a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;

10.2.9            any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2.1 to clause 10.2.8 (inclusive);

10.2.10          the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;

10.2.11          the Customer's financial position deteriorates to such an extent that in the Supplier's opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and

10.2.12          (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

10.3         Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

11. Limitation of liability

11.1         Nothing in these Conditions shall limit or exclude the Supplier's liability for: 

11.1.1            death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

11.1.2            fraud or fraudulent misrepresentation;

11.1.3            breach of the terms implied by section 12 of the Sale of Goods Act 1979;

11.1.4            defective products under the Consumer Protection Act 1987; or

11.1.5            any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

11.2         Subject to clause 11.1:

11.2.1            the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and 

11.2.2            the Supplier's total liability to the Customer 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 paid under the Contract.

12. Terms relating to the Customer acting as a Consumer only

12.1         The Supplier warrants that on delivery and for a period of 3 months from the date of delivery, the Goods shall:

12.1.1            conform in all material respects subject to any qualification or representation contained in our brochures, advertisements or any other documents;

12.1.2            be of satisfactory quality;

12.1.3            be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;

12.1.4            be free from material defects in design, material and workmanship; and

12.1.5            comply with all applicable statutory and regulatory requirements.

12.2         This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.

12.3         This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

12.4         The Supplier will take reasonable steps to pack the Goods properly and to ensure that the Customer receives the Order in good condition.

12.5         The Supplier will aim to deliver the Goods within the time indicated by the Supplier in the Supplier’s acceptance of any Order for the Goods placed, but cannot give an exact delivery date.  If the Goods have not been delivered within 30 days of the expected delivery date, then the Customer shall have the option to cancel the Contract and the Supplier will refund any monies paid for the Goods for which such cancellations applies.  In respect of other rights regarding refunds, Customer are referred to the Returns and Refunds section.

12.6         These Conditions apply to any repaired or replacement Goods supplied to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.

Defective goods and returns

12.7         In the unlikely event that the Goods do not conform with these Conditions, please inform the Supplier as soon as possible after delivery.  The Supplier will ask the Customer to return the Goods to the Supplier at the Customer’s cost and once the Supplier has checked that the Goods are faulty, the Supplier will:

12.7.1            provide the Customer with a full or partial refund including a refund of the reasonable cost of return postage;

12.7.2            replace the Goods; or

12.7.3            repair the Goods.

12.8         These Conditions will apply to any repaired or replacement Goods the Supplier supplies to the Customer.

12.9         If you are unhappy with the Goods for any other reason, you may return them to us at your own cost within 7 calendar days of receipt.

12.10       The Supplier’s liability for defective or damaged Goods shall be limited to repair or refund of the price payable for such Goods as set out in clause 12.7, subject to such limitation in no way affecting the statutory rights of a Consumer as set out within the Unfair Contract Terms Act 1977; the Sale of Goods to Consumers Regulations 2002 and the Consumer Protection Act 1987. 

12.11       Notwithstanding any of the provisions set out above, the Supplier shall not exclude or limit in any way its liability for:

12.11.1          death or personal injury caused by the Supplier’s negligence or the negligence of the Supplier’s employees, agents or subcontractors;

12.11.2          fraud or fraudulent misrepresentation;

12.11.3          breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

12.11.4          breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

12.11.5          defective products under the Consumer Protection Act 1987.

Cancellation Rights

12.12       efore the Goods are delivered, the Customer will have the following rights to cancel an Order for Goods, including where the Customer chooses to cancel because the Supplier is affected by a Force Majeure Event to your material disadvantage:

12.12.1          the Customer may cancel any Order for Goods within [7] calendar days of placing an Order by contacting the Supplier. The Supplier will confirm your cancellation in writing to the Customer.

12.12.2          If the Customer cancels an Order under clause 12.12.1and the Customer has made any payment in advance for Goods that have not been delivered, the Supplier will refund this amount to the Customer.

12.12.3          Unfortunately, if the Customer cancels an Order for Goods under clause 12.12.1 and the Supplier has already despatched the Goods to the Customer, the Supplier will not be able to cancel the Order until it is delivered [or collected]. In this case, if the Customer returns the Goods to the Supplier, the Supplier will have to charge the Customer the cost of collection or the Customer will have to pay the cost of returning the Goods back to the Supplier. This will not affect the Customer’s refund for the Goods, but any charge for collection will be deducted from the refund that is due to the Customer.

13. Force majeure

13.1         Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

14. General

14.1         Assignment and subcontracting.

14.1.1            The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

14.1.2            The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.

14.2         To provide increased value to the Customers, the Supplier may provide links to other websites or resources for the Customer to access at its/his/her sole discretion.  The Customer acknowledges and agrees that as you have chosen to enter the linked website the Supplier is not responsible for the availability of such external sites or resources and do not review or endorse and are not responsible or liable, directly or indirectly for: -

14.2.1            the privacy practices of such websites;

14.2.2            the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or

14.2.3            the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available in such external websites or resources.

14.3         These Conditions contain all the terms which the Supplier and the Customer have agreed in relation to the Goods save in respect of where any software is supplied by the Supplier in which case the terms of the Supplier’s standard software licence agreement shall also apply. These can be found on the website which will tell you where they are in relation to each item of Goods.  These Conditions supercedes any prior written or oral agreements, representations or understanding between the parties relating to such Goods.  The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Conditions. 

14.4         Notices.

14.4.1            Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its 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, sent by pre-paid first class post, recorded delivery, commercial courier, fax.

14.4.2            A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.2.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax, one Business Day after transmission.

14.4.3            The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

14.5         Severance.

14.5.1            If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

14.5.2            If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

14.6         Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14.7         Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.

14.8         Variation. Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when in writing and signed by a Director of the Supplier.  Any such changes will take effect when posted on the website and it is the Customer’s responsibility to read the Conditions on each visit to the website.  The Customer’s continued use of the website shall signify the acceptance to be bound by the Conditions. 

14.9         Governing law and jurisdiction. 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

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