CONSUMER TERMS & CONDITIONS
Cozmetica Terms and Conditions of Sale –Consumers
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply goods to you. These terms and conditions only apply if you are a consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use. If you are a Business Customer/Retailer/Salon, please click on the separate link and log-in to proceed to our terms and conditions for Business Customers.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. You will be required to read and accept these terms and conditions when ordering goods from us. If you do not agree to comply with and be bound by these terms and conditions you will not be able to order goods through our website. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Cozmetica UK Ltd a company registered in England and Wales. Our company registration number is 11087892 and our registered office is at Units 3-4 Coppice Trading Estate, Kidderminster, DY11 7QY. Our registered VAT number is 282 8614 77
2.2 How to contact us. You can contact us by telephoning our customer service team at 01562 750114 or by writing to us at email@example.com or by post to Units 3-4 Coppice Trading Estate, Kidderminster, DY11 7QY.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we
email you to accept it at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. If, the products are goods. We will contact you with an estimated delivery date which will be within 30 days after the day on which we accept your order.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours on weekdays.
5.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we will refund any money you have paid in advance for products but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
5.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
5.8 When you own goods. You own a product which is goods once we have received payment in full.
5.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements.
5.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending the supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis described you may have a legal right to end the contract or to get some or all of your money back, see Clause 8.
(b) If you have just changed your mind about the product, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 6.6.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons; or
(d) you have a legal right to end the contract because of something we have done wrong
including because we have delivered outside of 30 days.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
6.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.
6.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract
before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01562 750114or email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please call customer services on 01562 750114 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
7.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. In all other cases, your refund will be made within 14 days.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01562 823267 or write to us at firstname.lastname@example.org
8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
9. PRICE AND PAYMENT
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 9.3 for what happens if we discover an error in the price of the product you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 When you must pay and how you must pay. We accept payment with credit and debit cards listed on our website. You must pay for the products before we dispatch them.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
10.3 We are not liable for business losses. We only supply the products pursuant to these terms for domestic and private use. If you use the products for any commercial, business or re-
sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 How we will use your personal information. We will use the personal information you
provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
11.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
BUSINESS TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
- ABOUT US
- Company details. Cozmetica UK Ltd (company number 11087892 (‘we and us’), is a company registered in England and Wales and our registered office is at Units 3-4 Coppice Trading Estate, Walter Nash Road, Kidderminster, DY11 7QY. Our VAT number is 282 8614 77. We operate the website cozmetica.co.uk
1.2 Contacting us. To contact us telephone our customer service team at 01562 750114 or email email@example.com How to give us formal notice of any matter under the Contract is set out in Clause 15.2.
- OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (‘Terms’) apply to the order by you and supply of goods by us to you (‘Contract’). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
- PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (‘Goods’) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but 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 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- OUR GOODS
4.1 The images of the Goods 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 Goods. The colour of your Goods may vary slightly from those images.
4.2 The packaging of your Goods may vary from that shown on images on our site.
4.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
- RETURN AND REFUND
5.1 You may cancel the Contract and receive a refund, if you notify us as set out in Clause 5.3 within 7 days of your decision to cancel the Contract.
5.2 However, this cancellation right does not apply in the case of:
(a) Goods which are unsealed after you receive them; or
(c) any Goods which become mixed inseparably with other items after their delivery.
5.3 To cancel the Contract, you must write to us at www.cozmetica.co.uk . If you use this method we will email you to confirm we have received your cancellation.
You can also contact our Customer Services team by telephone on 01562 750114 If you are emailing please include details of your order to help us to identify it.
5.4 If you have returned the Goods to us under this Clause 5 because they are faulty or mis-described, we will refund the price of the Goods and will refund you on the credit card or debit card used by you to pay.
5.5 If Goods have been delivered to you before you decide to cancel the Contract then you must return them 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.
- DELIVERY, TRANSFER OF RISK AND TITLE
6.1 We will contact you with an estimated delivery date, which will be within 30 days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 13 (Events outside our control) for our responsibilities when this happens.
6.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order.
6.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.
6.4 If we fail to deliver the Goods, our liability is limited to the price paid for the goods together with any delivery charges paid. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.5 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
- NO INTERNATIONAL DELIVERY
7.1 Unfortunately, we do not deliver to addresses outside the UK.
- PRICE OF GOODS AND DELIVERY CHARGES
8.1 The prices of the Goods 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 Goods are correct at the time when the relevant information was entered onto the system. However, please see Clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Goods excludes 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 Goods in full before the change in VAT takes effect.
8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please contact our customer service team on 01562 750114.
8.5 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts , some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
(b) if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
- HOW TO PAY
9.1 You can only pay for Goods using a debit card or credit card specified on our Website. We will also accept BACS payment.
9.2 Payment for the Goods and all applicable delivery charges is in advance.
- OUR WARRANTY FOR THE GOODS
10.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
10.2 We provide a warranty that on delivery the Goods shall:
(a) subject to Clause 4, conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship;
10.3 Subject to Clause 10.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 10.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) if we ask you to do so, you return the Goods to us at your cost,
we will replace the defective Goods, or refund the price of the defective Goods in full.
10.4 We will not be liable for breach of the warranty set out in Clause 10.2 if:
(a) you make any further use of the Goods after giving notice to us under Clause 10.3;
(c) you alter the Goods;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.6 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.
10.7 These Terms also apply to any replacement Goods supplied by us to you.
- OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded by law.
11.2 We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss of business opportunity; or
(c) loss of goodwill; or
(f) any indirect or consequential loss.
11.4 Subject to Clause 11.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods in any one order.
11.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. 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 Goods are suitable for your purposes.
12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (‘Event Outside Our Control’).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
- 14. Confidentiality, Publications and Endorsements
- You will regard as confidential all information obtained by you relating to the business and/or Goods provided by us and will not use or disclose to any third party such information without our prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of your default.
- You will not use, authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which we are licensed to use or which is owned by us upon any premises, note paper, visiting cards, advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by us.
- You will use all reasonable endeavours to ensure compliance with this Clause 14 by your employees, servants and agents.
- COMMUNICATIONS BETWEEN US
15.1 When we refer to “in writing” in these Terms, this includes email.
15.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
15.4 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 email, that such email was sent to the specified email address of the addressee.
15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1 ASSIGNMENT AND TRANSFER.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.3 Waiver.If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.