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1710 Parsons ©2019 - All Rights Reserved

Parsons T&C's

Shipping

All shipping is free.  Shipped orders are fully insured and tracked using RoyalMail Special Delivery. The parcel will not feature any 1710 branding, so there is no need to worry about the delivery giving away a surprise.

 

Returns policy

We offer customers the opportunity to return an item within 10 days of their order being delivered.  Please note if your items are engraved we cannot offer a refund.   

Should you decide to return your item, we will issue you a refund, unless you have been notified otherwise prior to your purchase.  This is providing it is returned no later than 10 days after the delivery date, in its unworn and original condition without any damage and with all accompanying documents and materials.

While we do offer all clients free shipping when delivering your order, we kindly ask you to cover the shipping charge when returning to us.

Download Returns Form

1.    INTERPRETATION
1.1    These terms and conditions for the supply of goods (the “Conditions”), together with such other documents as may be referred to herein, shall constitute the terms and conditions under which the Supplier will provide the Goods to the Customer.  
1.2    Definitions. In these Conditions, the following definitions shall apply:
Business Day” shall mean a day (other than a Saturday, Sunday or official public holiday) on which banks in London are open for business;  
Collection Location” shall have the meaning set out in clause 6.2 below;  
Conditions” shall have the meaning set out in clause 1.1 above, as amended and/or updated from time to time in accordance with clause 16.6 below;  
Contract” shall mean the contract between the Supplier and the Customer for the sale by the Supplier to the Customer of certain Goods in accordance with these Conditions and any relevant written Order confirmation issued by the Supplier’s online ordering system;  
Customer” shall mean the person who purchases the Goods from the Supplier;    
Delivery Location” shall have the meaning set out in clause 6.3 below;  
Force Majeure Event” shall have the meaning set out in clause 13 below;  
Goods” shall mean the goods (or any part of them) set out in the Order;
Order” shall mean the Customer's order for the Goods, as set out in the Customer's purchase order form at the time of checkout when using the Supplier’s online ordering system;   
Party” shall, as the context requires, be a reference to the Customer or the Supplier and “Parties” shall mean the Customer and the Supplier;  
Return Merchandise Authorisation” shall mean the relevant return merchandise authorisation form issued by the Supplier following receipt of the Return Merchandise Request Form, such request having been investigated, considered and, where appropriate, approved by the Supplier in respect of the requested return by the Customer of the Goods (or some of them);  
Return Merchandise Request Form” shall mean the Supplier’s return merchandise request form, available on the Supplier’s website, duly completed by the Customer and submitted, together with all requested supporting documents, to the Supplier in accordance with the requirements thereof;  
Returns Package” shall have the meaning set out in clause 8.3 below;   
Specification” shall mean any specification for the Goods, including any related instructions and/or drawings prepared by the Customer using the Supplier’s online ordering system, which are accepted by the Supplier;
Supplier” shall mean Parsons Jewellers Limited, a private limited company registered in England and Wales (company registration number 00301930 / VAT number 137743063), whose registered address is 42 Castle Gallery, The Galleries Shopping Centre, Bristol, BS1 3XE, United Kingdom; and
Warranty Period” shall have the meaning set out in clause 7.1 below.   
1.3    Construction. In these Conditions, the following rules shall apply:
(a)    The headings are included for convenience only and shall not affect the interpretation of, nor modify nor amplify, these Conditions.  
(b)    Unless a contrary intention clearly appears:
(i)    words importing any one gender shall include the other two genders, words importing the singular shall include the plural and vice versa; and
(ii)    the rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply.  
(c)    Any reference to a “person” shall include a natural person, corporate or unincorporated bodies (whether or not having separate legal personality) and the State and vice versa.    
(d)    A reference to a Party shall include his personal representatives, successors and/or permitted assigns.
(e)    Any reference to a statute or statutory provision shall be a reference to such statute or provision as amended or re-enacted from time to time.  A reference to a statute or statutory provision shall include any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(f)    Any phrase introduced by the terms “including”, “include, in particular” or any similar expression shall be construed as illustrative only and shall not limit the sense of the words preceding such terms.
(g)    Any reference to “writing” or “written” shall include faxes and emails.   
(h)    When any number of days is prescribed in these Conditions, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day should fall on a day which is not a Business Day, in which case the last day shall be the immediately following Business Day.  
(i)    In the event that the day for payment of any amount due in terms of these Conditions should fall on a day which is not a Business Day, then the relevant day for payment shall be the following Business Day.
(j)    Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.  
(k)    The expiration or termination of these Conditions shall not affect such of the provisions of these Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.  


2.    STATUS OF CUSTOMER
2.1    When the Customer places an order using the Supplier’s online ordering system, he/she represents and warrants that:
(a)    he/she is at least 18 (eighteen) years of age;
(b)    he/she is legally capable of entering into binding legal agreements;
(c)    the personal information he/she provides is true, current, complete and accurate in all material respects;
(d)    he/she is resident in the country, the details of which he/she has entered during the online ordering process;
(e)    he/she is accessing the online ordering system from the country described in clause 2.1(d) above; and
(f)    there are no trade embargoes, sanctions and/or other restrictions within and/or applying to that country which would prevent or restrict the delivery of the Goods.  


3.    BASIS OF CONTRACT
3.1    These Conditions shall apply to the exclusion of any other terms or conditions which the Customer seeks or may in the future seek to impose or incorporate, or which may be or are implied by trade, custom, practice and/or course of dealing (including any terms and conditions which the Customer purports to apply under any purchase order, request for quotation, confirmation, order, specification and/or other document).  
3.2    The Order constitutes an offer by the Customer to purchase the Goods, in accordance with these Conditions.  The Customer shall be responsible for ensuring that the terms of the Order and any applicable Specification requested by him/her during the online ordering process are complete and accurate in all material respects.
3.3    The Order shall only be deemed to have been accepted when the Supplier’s online ordering system issues a written Order confirmation, at which point the Contract shall come into existence.   
3.4    The Contract constitutes the entire agreement between the Parties hereto.  The Customer acknowledges and confirms that he/she has not relied on any statement, promise and/or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
3.5    Any descriptions, samples, photographs, drawings and/or advertising materials produced by the Supplier and any descriptions, photographs or illustrations set out on the Supplier’s website and/or contained in the Supplier's online ordering system have been produced for the sole purpose of giving an approximate idea of the Goods described in them.  Accordingly, any such descriptions, photographs or illustrations shall not form part of the Contract or have any contractual force.     


4.    GOODS
4.1    The Goods are as described and/or set out on the Supplier’s website, in the Supplier's catalogue and/or during the online ordering process, as modified by any applicable Specification.     
4.2    To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against any and all liabilities, costs, expenses, damages and/or losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification.  This clause 4.2 shall survive termination of the Contract.  
4.3    The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements. 

 
5.    SUPPLY OF CUSTOM-MADE GOODS
5.1    Where the Customer makes use of the online ordering system to build and/or assemble the Goods, the Supplier shall ensure that such Goods comply with the Specification in all material respects.
5.2    Notwithstanding clause 5.1 above, the Supplier shall have the right to make such changes to the Specifications as are necessary in order to comply with any statutory and/or regulatory laws, safety requirements and/or which do not materially affect the nature or quality of the Goods, and the Supplier shall notify the Customer in writing in any such event.  
5.3    The Supplier warrants to the Customer that the Goods will be built and/or assembled using reasonable care, skill and diligence.
5.4    The Supplier shall use all reasonable endeavours to ensure that it meets the approximate delivery date specified at checkout during the online ordering process for custom-made Goods, but any such date(s) shall be estimates only and time shall not be of the essence for the delivery of such Goods.   


6.    DELIVERY OR COLLECTION
6.1    The Supplier shall ensure that each delivery or collection, as the case may be, of the Goods is accompanied by a notice which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the Supplier’s stock number for the Goods, where applicable), special maintenance instructions (if any) and, if the Order is being delivered by or collected in, as the case may be, instalments, the outstanding balance of Goods remaining to be delivered or collected.   
6.2    During the online ordering process the Customer shall specify whether he/she will be requiring delivery of the Goods or if he/she shall be collecting the Goods from the Supplier's premises (or from such other location as may be advised by the Supplier to the Customer in writing prior to the collection thereof) (the “Collection Location”).  
6.3    Where the Customer has indicated that he/she requires delivery of the Goods, the Supplier shall deliver the Goods to the location set out in the Order or to such other location as the Parties may agree to in advance and in writing at the time when the Supplier notifies the Customer that the Goods are ready for delivery (the “Delivery Location”).  
6.4    Where the Customer has indicated that he/she will be collecting the Goods from the Collection Location, the Goods shall be available for collection at the Collection Location and the Customer shall collect such Goods within 5 (five) Business Days of the date upon which the Supplier notifies the Customer that the Goods are ready for collection.  In the event that the Customer fails and/or omits, for any reason, to collect the Goods within the time period specified in this clause 6.4, the Supplier shall be entitled to deal with such Goods in accordance with the provisions of clause 6.9 below.  
6.5    In circumstances where the Customer has specified that he/she requires:   
(a)    delivery of the Goods pursuant to the provisions of this clause 6, the delivery thereof shall be deemed to have been completed upon the Goods' arrival at the Delivery Location, provided that the Customer or a duly authorised agent has signed to accept delivery thereof; or
(b)    collection of the Goods pursuant to the provisions of this clause 6, the collection thereof shall be deemed to have been completed following the collection thereof from the Collection Location, provided that the Customer or a duly authorised agent has signed to accept delivery thereof.   
6.6    Any dates quoted for delivery or collection, as the case may be, of the Goods during the online ordering process shall be approximate only, and time shall not be of the essence for any such delivery.  
6.7    The Supplier shall not be liable for any delays in the delivery or collection, as the case may be, of the Goods which is caused by a Force Majeure Event, the Customer's failure to provide the Supplier with adequate delivery instructions, the Customer’s failure to collect the Goods as arranged with the Supplier, the Customer’s failure to provide any other instructions which are necessary for and/or relevant to the supply of the Goods and/or where the Customer or his/her duly authorised agent fails and/or omits to sign the relevant documents necessary to accept delivery thereof.
6.8    Where delivery of the Goods was specified during the online ordering process, if the Customer and/or its duly authorised agent fails to accept a delivery of the Goods and/or to sign the relevant documents relating to such delivery within 5 (five) Business Days of the date upon which the Supplier or its duly authorised agent attempted to make delivery thereof 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:
(a)    delivery of the Goods shall be deemed to have been completed at 09h00 on the fifth (5th) Business Day after the day upon which the Supplier notified the Customer about the attempted delivery of such Goods; and
(b)    the Supplier or its duly authorised agent shall store the Goods until delivery takes place, and shall be entitled to charge the Customer for any and all related costs and expenses (including handling and insurance) relating to the storage of such Goods.
6.9    If 20 (twenty) Business Days after the day upon which the Supplier notified the Customer that:
(a)    the Supplier or its duly authorised agent had attempted delivery of the Goods at the Delivery Location (in accordance with the provisions of clause 6.3 above); or
(b)    the Goods were ready for collection from the Collection Location (in accordance with the provisions of clause 6.2 above),
and, in either case, the Customer has not accepted delivery or collected the Goods, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage, insurance and selling costs, account to the Customer for any excess above the price of the Goods or charge the Customer for any shortfall below the price of the Goods, as the case may be.
6.10    The Supplier may deliver the Goods or make the Goods available for collection, as the case may be, by instalments, each of which shall contain a notice described in clause 6.1 above.  In such circumstances, each instalment shall constitute a separate Contract.  Any delay in the delivery or collection thereof, as the case may be, and/or defect in an instalment shall not entitle the Customer to cancel any other instalment.    


7.    QUALITY
7.1    The Supplier warrants that on delivery or collection, as the case may be, and for a period of 30 (thirty) days from the date of such delivery or collection (the “Warranty Period”), the Goods shall:
(a)    conform in all material respects with their description and any applicable Specification;
(b)    be free from material defects in design, material and/or workmanship;
(c)    be of satisfactory quality (within the meaning of the Consumer Rights Act 2015; and  
(d)    be fit for any purpose held out by the Supplier.   
7.2    Subject to clause 7.3 below, if:
(a)    the Customer gives notice in writing to the Supplier during the Warranty Period that some or all of the Goods do not comply with the warranty set out in clause 7.1 above;
(b)    such notification is made by the Customer in accordance with the provisions of clauses 8.2 and 8.3 below mutatis mutandis;   
(c)    the Supplier is provided with a reasonable opportunity to consider the facts and circumstances relating to such claim by the Customer, in accordance with the provisions of clause 8.2 below mutatis mutandis; and
(d)    the Customer (if asked to do so by the Supplier in writing) returns such Goods to the Supplier's place of business, in accordance with the provisions of clause 8.3 below mutatis mutandis,
then the Supplier shall, at its sole and absolute discretion, repair or replace the defective Goods, or refund the price of the defective Goods in full to the Customer.
7.3    The Supplier shall not be liable for Goods' failure to comply with the warranty set out in clause 7.1 above in any of the following events:
(a)    the Customer makes any further use of such Goods after giving notice in accordance with clause 7.2 above;   
(b)    the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the use and/or maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c)    the defect arises as a result of the Supplier following any drawing, design and/or Specification supplied by the Customer during the online ordering process;
(d)    the Customer alters or repairs such Goods without the prior written consent of the Supplier;
(e)    the defect arises as a result of fair wear and tear, wilful damage, negligence and/or abnormal use, maintenance and/or storage conditions; or
(f)    the Goods differ from their description or the Specification, as the case may be, as a result of changes made to ensure they comply with applicable statutory or regulatory laws or requirements.
7.4    Except as provided for in this clause 7, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 7.1(a) above.  
7.5    These Conditions shall also apply to any repaired or replacement Goods supplied by the Supplier.


8.    RETURNS, EXCHANGES AND REFUNDS
8.1    Notwithstanding the provisions of clause 7 above, the Customer shall be permitted to return the Goods (or some of them) within 10 (ten) Business Days of the date of delivery or collection thereof, as the case may be (the “Returns Period”), for an exchange and/or full refund, provided that the Customer complies with the requirements of this clause 8.    
8.2    In order to make a return and/or exchange of the Goods (or some of them) during the Returns Period, the Customer shall complete and return to the Supplier a Return Merchandise Request Form.  Following processing, investigation and, if appropriate, approval thereof by the Supplier, the Customer will be sent a Return Merchandise Authorisation in relation to the Goods (or some of them).  
8.3    Following receipt of the Return Merchandise Authorisation, the Customer shall return the Goods (or some of them) to the Supplier’s address specified in the authorisation, such Goods being sent before the expiry of the time period specified in the authorisation, at the Customer’s sole cost and risk, with a courier company of international reputation and being insured to the full value thereof.  The returns package (the “Returns Package”) shall contain:
(a)    the Goods (or some of them) in their original purchase condition and with all relevant packaging;
(b)    all relevant product documentation and original certificates provided by the Supplier to the Customer at the time of the original delivery or collection thereof; and  
(c)    the full details of any and all other required information and/or documentation specified in the Return Merchandise Authorisation.  
8.4    Following receipt of the Returns Package, the Supplier shall have a period of 10 (ten) Business Days within which to inspect and examine the returned Goods and, where such Goods are found:
(a)    to conform to the requirements of this clause 8 and the Return Merchandise Authorisation, the Supplier shall:
(i)    exchange the returned Goods with those other Goods specified by the Customer in the Return Merchandise Request Form and may debit or credit the Customer’s debit or credit card in relation to the price differences between the returned Goods and the replacement Goods, and shall add the cost of all relevant charges for packaging, insurance and shipping of the replacement Goods to the Customer;
(ii)    refund the full price of the returned Goods to the Customer, as specified in the Return Merchandise Request Form, less all relevant charges for packaging, insurance and shipping of the original Goods to the Customer;
(b)    not to conform to the requirements of this clause 8 and the Return Merchandise Authorisation, the Supplier shall advise the Customer thereof in writing, provide the Customer with full reasons why the requested return or refund will not be possible and shall make arrangements with the Customer to return such Goods back to the Customer.  In such circumstances, the Supplier shall be entitled to debit the Customer’s debit or credit card for the return of the Goods, and shall add the cost of all relevant charges for packaging, insurance and shipping of the original Goods back to the Customer.  
8.5    The Customer acknowledges and confirms that he/she is aware that certain Goods may not, under any circumstances, be returned for exchange and/or refund, such Goods including but not being limited to custom-made jewellery, any engraved jewellery and/or jewellery made in accordance with Specifications provided by the Customer during the online ordering process.  
8.6    The Parties agree that any and all processing of the Customer’s Return Merchandise Request Form, inspection and examination of the Returns Package and its contents and/or decision in relation to compliance or non-compliance with the provisions and requirements of this clause 8 and the Return Merchandise Authorisation, shall be made by the Supplier in its sole and absolute discretion and the Customer shall have no right to challenge or appeal any such decisions.  

 
9.    TITLE AND RISK
9.1    The risk in and to the Goods shall pass to the Customer upon the completion of delivery or the collection, as the case may be, of the Goods pursuant to the provisions of clause 6 above.
9.2    Title in and to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:
(a)    the Goods;
(b)    the costs of any and all packaging, insurance and/or shipping costs and/or fees; and
(c)    any other goods and/or services that the Supplier has supplied to the Customer in respect of which payment has become due.
9.3    Until title in and to the Goods has passed to the Customer, the Customer shall:  
(a)    hold the Goods on a fiduciary basis as the Supplier's bailee;  
(b)    store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;  
(c)    not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d)    maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery or collection;
(e)    notify the Supplier immediately if the Goods become subject to any of the events listed in clause 11.2 below; and
(f)    give the Supplier such information relating to the Goods as the Supplier may require from time to time.
9.4    If before title in and to the Goods passes to the Customer, the Customer becomes subject to any of the events listed in clause 11.2 below, 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.


10.    QUOTATIONS, PRICE AND PAYMENT
10.1    A quotation for the Goods prepared by the Supplier’s online ordering system shall constitute an offer to the Customer, but may be subject to change until such time as the Customer finalises his/her Order, makes payment using the online payment system and the relevant Order confirmation has been generated.
10.2    The price of the Goods shall be the price set out in the Order and/or the relevant Order confirmation generated by the Supplier’s online ordering system.      
10.3    Until such time as the relevant Order confirmation has been generated by the Supplier’s online ordering system, the Supplier may increase the price of the Goods to reflect any increase in the cost of the Goods that is due to any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and/or duties, and increases in labour, materials and/or other manufacturing, supply and/or shipping costs).  
10.4    The price of the Goods is exclusive of the costs and charges of packaging, insurance and shipping of the Goods, which additional costs and charges shall be set out during the online payment process and included within the Order confirmation and invoice prepared for the Customer.
10.5    The price of the Goods is exclusive of amounts due in respect of value added tax and/or any other equivalent tax (“VAT”).  The Customer shall be responsible for paying such additional amounts in respect of VAT as are chargeable on the supply of the Goods, such amounts being set out during the online payment process and included within the Order confirmation and invoice which shall be generated for the Customer.
10.6    The Customer shall pay the price of the Goods, together with any and all additional costs and charges plus VAT in full by:
(a)    using his/her credit or debit card;
(b)    making payment of cleared funds using his/her PayPal account; or
(c)    making payment of cleared funds using his/her SagePay account,
in each case, during the online payment process.  Once payment has been made in full and cleared funds reflect in the Supplier’s bank account, the Supplier shall send the Customer an Order confirmation and invoice which reflects the price for the Goods and which sets out any and all additional costs and charges, plus VAT.  The time for payment by the Customer shall be of the essence.
10.7    If the Customer, for any reason, fails and/or omits to make any payment due to the Supplier under the Contract by the due date for payment thereof (the “Due Date”) and/or in circumstances where the Customer’s funds for any reason fail to clear in the Supplier’s bank account, then the Customer shall be required to pay interest on any such overdue amount at a rate of 2% (two percent) per annum above the prime overdraft lending rate charged by Barclays Bank Plc to its customers from time to time, as certified by any manager of such bank, whose appointment and authority it shall not be necessary to prove.  Such interest shall accrue on a daily basis from the Due Date up to and including the date of actual payment of the overdue amount, whether before or after judgment.  The Customer shall pay the interest together with the overdue amount upon written demand by the Supplier.
10.8    Notwithstanding any other provision of this clause 10, the Supplier may from time to time offer certain promotional discount codes to its customers (including the Customer), either directly and/or via third party marketing organisations.  Any such promotional discount codes will apply only in the circumstances, in relation to those goods and may only be used for such purchases as are described on the promotional discount code concerned (and, for the avoidance of doubt, can only be applied for the purchase of full-priced goods and may not be used in conjunction with any other offer, discount and/or promotional discount code).  
10.9    The Customer shall pay any and all amounts due under the Contract in full without any deduction and/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.


11.    CUSTOMER'S INSOLVENCY OR INCAPACITY
11.1    If the Customer becomes subject to any of the events listed in clause 11.2 below, 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 and payable.
11.2    For the purposes of clause 11.1 above, the relevant events are:
(a)    the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits an 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;
(b)    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;
(c)    (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;
(d)    (being an individual) the Customer is the subject of a bankruptcy petition or order;
(e)    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 10 (ten) Business Days from the date thereof;
(f)    (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;  
(g)    (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;
(h)    a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
(i)    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 clauses 11.2(a) to 11.2(h) (inclusive) above;   
(j)    the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially all of its business;
(k)    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
(l)    (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.
11.3    Termination of the Contract, however arising, shall not affect either Party’s rights and remedies that have accrued prior to or as at termination.  For the avoidance of doubt, clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.


12.    LIMITATION OF LIABILITY
12.1    Nothing in these Conditions shall limit or exclude the Supplier's liability for:  
(a)    death or personal injury caused by its negligence, or the negligence of its employees, agents and/or subcontractors (as applicable);
(b)    fraud or fraudulent misrepresentation;
(c)    breach of the terms implied by section 17 of the Consumer Rights Act 2015;
(d)    defective products under the Consumer Protection Act 1987; or
(e)    any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.  
12.2    Subject to clause 12.1 above:
(a)    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  
(b)    the Supplier's total liability to the Customer in respect of any and 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 30% (thirty percent) of the price of the Goods.     


13.    FORCE MAJEURE
    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.  For the purposes of this Contract, a “Force Majeure Event” shall mean any event beyond either 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, interference of trade unions 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, warlike operation, rebellion, riot, civil war, terrorism, 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 or in the air, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.


14.    DATA PROTECTION AND PRIVACY
14.1    The Supplier confirms that:
(a)    it has registered for data protection in accordance with the provisions of section 18 of the Data Protection Act 1998 (the “DP Act”);
(b)    the Customer’s personal data (including, but not limited to, his/her name, address, contact details and any credit card, debit card and/or other payment information provided by the Customer while using the Supplier’s online ordering system) will be encrypted; and  
(c)    the Customer’s personal data will be safeguarded, stored and utilised in accordance with the requirements of the DP Act.      
14.2    Notwithstanding clause 14.1 above:
(a)    although all reasonable steps will be taken by the Supplier to encrypt, safeguard and securely store the Customer’s personal information, the Supplier shall not, under any circumstances, be held liable if an event beyond its reasonable control results in a loss to the Customer; and   
(b)    the Customer confirms that he/she is aware that owing to the nature of Internet infrastructure, the personal information he/she has provided may be transferred to countries outside of the European Economic Area (the “EEA”) and which do not have similar protections in place to those applying within the EEA.   By making use of the Supplier’s online ordering system and inserting his/her personal data therein, the Customer acknowledges and consents to the transfer of such data.  
14.3    Should the Customer require additional information on the Supplier’s privacy policy, such information can be obtained by accessing the Supplier’s Privacy Policy which is available on its website. 


15.    COOKIE POLICY
15.1    The Customer acknowledges and confirms he/she is aware that the Supplier’s online ordering system makes use of cookies in order to provide the Customer with the best user experience possible.  These cookies have been developed to avoid the need for the Customer to login every time he/she makes use of such system, to improve the speed and accuracy of the system and to make the Supplier’s marketing efforts more efficient (amongst others).  The cookies have not been designed to collect any identifiable and/or sensitive personal information (except where the Customer has provided his/her express permission) or to pass any identifiable personal information on to third parties (except where the Customer has provided his/her express permission).  
15.2    By making use of the Supplier’s online ordering system and where the settings on the Customer’s web browser software have been set to accept cookies, the Customer acknowledges and confirms that the Supplier shall be entitled to and/or may make use of the information and/or personal information stored in such cookies for the purposes set out in this Contract.  
15.3    Where the Customer wishes to change its cookie settings described above, he/she shall be entitled to do so by adjusting and/or disabling the settings on his/her web browser software, although he/she acknowledges that such changes may well affect and/or negatively impact upon the functionality of the Supplier’s online ordering system.  
15.4    Should the Customer require additional information on the Supplier’s privacy policy and/or how the Supplier’s online system makes use of the Customer’s personal information obtained from cookies, such information can be obtained by accessing the Supplier’s Privacy Policy which is available on its website.  


16.    GENERAL
16.1    Assignment and Subcontracting.
(a)    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.
(b)    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, which consent may be granted or refused in the Supplier’s sole and absolute discretion.  
16.2    Notices.
(a)    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 his/her residential address (if a natural person), its registered office (if a company) or its principal place of business (in any other case) or to such other address as that Party may have specified to the other Party in writing in accordance with this clause 16.2 and/or during the online ordering process.  Any such notice or other communication shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax and/or email.
(b)    A notice or other communication shall be deemed to have been received:
(i)    if delivered personally, when left at the address referred to in clause 16.2(a) above;
(ii)    if sent by pre-paid first class post or recorded delivery to the address referred to in clause 16.2(a) above, at 09h00 on the third (3rd) Business Day after posting;
(iii)    if delivered by commercial courier to the address referred to in clause 16.2(a) above, on the actual date and at the time that the courier's delivery receipt is signed; or
(iv)    if sent by fax or email to the address referred to in clause 16.2(a) above, 1 (one) Business Day after the date of transmission, provided that no transmission error report is received from the sender’s fax or email system.
(c)    The provisions of this clause 16.2 shall not apply to the service of any proceedings or other documents in any legal action.
16.3    Severance.
(a)    If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal and/or unenforceable for any reason whatsoever, then that provision or part-provision shall, to the extent required, be deemed to be deleted from the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b)    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.
16.4    Waiver.  A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed to be 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.
16.5    Third Party Rights.  A person who is not a party to the Contract shall not have any rights under or in connection with it and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply.
16.6    Variation.  Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and/or conditions, shall only be binding upon the Parties when agreed to by the Supplier in advance and in writing, such variation having been signed by each of the Parties and/or a duly authorised representative thereof.
16.7    Further Actions.  The Parties undertake at all times to do all such things, to perform all such acts and to take all such steps and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and/or necessary for or incidental to the putting into effect or maintenance of the terms, conditions and import of these Conditions.  
16.8    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.