This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.bak-jak.co.uk (our site) to you, and the terms and conditions on which you may use our site. Please read these terms and conditions carefully before using our site and ordering any Products from it. You should understand that by using our site or ordering any of our Products, you agree to be bound by these terms and conditions. These terms and conditions will govern any contract between you and us for the sale and purchase of the Products through our site (the Contract).
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1 INFORMATION ABOUT US
1.1 www.bak-jak.co.uk is a site operated by Kinnavations Limited (we). We are registered in England and Wales under company number 5704677 and with our registered office and main trading address at Prasow Noweth, Quenchwell, Carnon Downs, Truro, TR3 6LN. Our VAT number is 884 9834 53.
1.2 By accessing any part of our site, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these terms and conditions in full, you must leave our site immediately.
1.3 We reserve the right to vary these terms and conditions at any time by updating this posting, as outlined in condition 26 below. You should check our site from time to time to review the then current term and conditions, because it is binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at our site.
2 SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident in countries which are within the European Economic Area (the “EEA Countries”). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our EEA Countries page. Please review our EEA Countries page before ordering Products from us.
2.2 While we endeavour to ensure that our site is normally available 24 hours a day, we shall not be liable if for any reason our site is unavailable at any time or for any period.
2.3 Access to our site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
3 YOUR STATUS
By placing an order through our site, you warrant that:
3.1 You are legally capable of entering into binding contracts;
3.2 You are at least 18 years old;
3.3 You are resident in one of the EEA Countries; and
3.4 You are accessing our site from that country.
4 VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to our site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from our site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse our site (including, without limitation, by hacking).
4.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of conditions 4.2 or 4.3.
5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Subject to any variation under condition 5.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
5.2 No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
5.3 These conditions apply to all of our sales and any variation to these conditions and any representations about the Products shall have no effect unless expressly agreed in writing by us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
5.4 Each order or acceptance of a quotation for Products by you from us shall be deemed to be an offer by you to buy Products subject to these conditions.
5.5 You shall ensure that the terms of your order and any applicable specification are complete and accurate.
5.6 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
5.7 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6 OUR STATUS
6.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6.2 Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our site, you do so entirely at your own risk.
6.3 You may only create links to our site provided you have first obtained written permission from us to do so.
6.4 After obtaining written permission in accordance with condition 6.3, you may only link to our site on the basis that you link to, but do not replicate, the home page of our site, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the BAK-JAKTM logo;
(b) you do not create a frame or any other browser or border environment around our site;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trade marks displayed on our site without our prior express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.5 We expressly reserve the right to revoke the right granted in condition 6.2 for breach of these terms and to take any action it deems appropriate.
6.6 You shall fully indemnify us for any loss or damage suffered by us or any of our group companies for breach of condition 6.2.
7 DISCLAIMER
7.1 While we endeavour to ensure that the information on our site is correct, we do not warrant the accuracy and completeness of the material on our site. We may make changes to the material on our site, or to the products and prices described in it, at any time without notice. The material on our site may be out of date, and we make no commitment to update such material.
7.2 The material on our site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to our site.
8 CONSUMER RIGHTS
8.1 If you are contracting as a consumer, you may cancel a Contract at any time within 28 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in condition 16 below).
8.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
8.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
9 DESCRIPTION
9.1 The quantity and description of the Products shall be as set out in our quotation or acknowledgement of order.
9.2 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract and this is not a sale by sample.
10 INSTRUCTIONS FOR USE
10.1 Our instructions for use provided with the BAK-JAKTM must be adhered to.
10.2 The instructions for use can be found on a label stuck to the BAK-JAKTM and also with the separate maintenance instructions accompanying the BAK-JAKTM.
10.3 In particular, you must ensure that the following guidelines are adhered to for the BAK-JAKTM:
(a) that the base legs are locked into position;
(b) that the height selection pins are fully located;
(c) that the platform has been adjusted and locked to a comfortable angle using the ratchet lock;
(d) nobody must sit on the platform;
(e) nobody must stand or lie on the platform;
(f) the platform is not to be used as a workbench; and
(g) any damaged or missing parts must be replaced before further use.
10.4 BAK-JAKTM has been designed for comfort and does not purport to comply with any medical standards whatsoever.
10.5 If you have any queries in respect of your health and whether the use of the BAK-JAKTM will benefit or aggravate such health, you must consult a doctor before using the BAK-JAKTM.
10.6 We accept no liability whatsoever in respect of any claims arising out of misuse by you, or any third party, of the BAK-JAKTM.
11 INTELLECTUAL PROPERTY
11.1 You acknowledge that:
(a) all copyright, database rights, topography rights, design rights, trade marks, patents, domain names and any other intellectual property rights of a similar nature (whether or not registered) subsisting anywhere in the world in or associated with the Products or our site (Intellectual Property Rights) are our (or our licensor's) property; and
(b) nothing in these terms and conditions shall be construed as conferring any licence or granting any rights in favour of you in relation to the Intellectual Property Rights.
11.2 BAK-JAKTM is a UK registered trade mark (No. 2411607) which is exclusively licensed to us.
11.3 The BAK-JAKTM is protected by pending and future patent applications including, but not limited to, a patent application under Patent Application number 0524824.0 lodged by us.
11.4 No part of our site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission
11.5 Any rights not expressly granted in these terms and conditions are reserved.
12 AVAILABILITY AND DELIVERY
12.1 Unless otherwise agreed in writing by us, delivery of the Products shall take place at the your home or place of business (as the case may be) and the cost of such delivery shall be charged to you.
12.2 Subject to condition 8, you shall be deemed to have accepted the Products 5 working days after delivery to the address specified by you.
12.3 After acceptance (in accordance with condition 12.2), you shall not be entitled to reject Products which are not in accordance with the Contract.
12.4 Any dates specified by us for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
12.5 Subject to the other provisions of these conditions we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days.
12.6 If for any reason you fail to accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Products shall pass to you (including for loss or damage caused by our negligence);
(b) the Products shall be deemed to have been delivered; and
(c) we may store the Products until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
12.7 You shall provide at the place where delivery of the Products is to take place, and at your expense, adequate and appropriate equipment and manual labour for loading the Products.
12.8 If we deliver to you a quantity of Products of up to 10% more or less than the quantity accepted by us, you shall not be entitled to object to or reject the Products or any of them by reason of the surplus or shortfall and shall pay for such Products at the pro rata Contract rate.
12.9 We may deliver the Products by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
12.10 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle us to repudiate or cancel any other Contract or instalment.
12.11 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
13 NON-DELIVERY
13.1 The quantity of any consignment of Products as recorded by us upon despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
13.2 We shall not be liable for any non-delivery of Products (even if caused by our negligence) unless you give written notice to us of the non-delivery within 14 days of the date when the Products would in the ordinary course of events have been received.
13.3 Any of our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
14 RISK AND TITLE
14.1 The Products are at your risk from the time of delivery.
14.2 Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:
(a) the Products; and
(b) all other sums which are or which become due to us from you on any account.
14.3 Until ownership of the Products has passed to you, you shall:
(a) hold the Products on a fiduciary basis as our bailee;
(b) store the Products (at no cost to us) separately from all other products owned by you or any third party in such a way that they remain readily identifiable as our property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
(d) maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. You shall produce the policy of insurance to us upon request.
14.4 You may resell the Products before ownership has passed to you solely on the following conditions:
(a) any sale shall be effected in the ordinary course of your business at full market value; and
(b) any such sale shall be a sale of our property on your own behalf and you shall deal as principal when making such a sale.
14.5 Your right to possession of the Products shall terminate immediately if:
(a) you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator for you or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under the Contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(c) you encumber or in any way charge any of the Products.
14.6 We shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from us.
14.7 You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.
14.8 Where we are unable to determine whether any Products are the Products in respect of which your right to possession has terminated, you shall be deemed to have sold all Products of the kind sold by us to you in the order in which they were invoiced to you.
14.9 On termination of the Contract, howsoever caused, our (but not your) rights contained in this condition 14 shall remain in effect.
15 PRICE AND PAYMENT
15.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
15.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.
15.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
15.4 It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
15.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
15.6 Payment for all Products must be by credit or debit card within 30 days of the date of invoice. We accept payment with Visa, Mastercard, Switch and Delta. We will not charge your credit or debit card until we despatch your order.
15.7 Time for payment shall be of the essence.
15.8 No payment shall be deemed to have been received until we have received cleared funds.
15.9 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
15.10 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
15.11 If you fail to pay us any sum due pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of National Westminster Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
16 OUR REFUNDS POLICY
16.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
16.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
16.3 Products returned by you within the seven-day cooling-off period (see condition 8.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
17 OUR LIABILITY
17.1 We, together with any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our site in any way or in connection with the use, inability to use or the results of use of our site, any websites linked to our site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site.
17.2 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
17.3 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
17.4 This condition 17 does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17.5 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
17.6 If your use of material on our site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
18 IMPORT DUTY
18.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
18.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
19 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20 NOTICES
All notices given by you to us must be given to Kinnavations Limited at Prasow Noweth, Quenchwell, Carnon Downs, Truro, TR3 6LN or robkinna@aol.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 19. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21 TRANSFER OF RIGHTS AND OBLIGATIONS
21.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
21.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
21.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
22 EVENTS OUTSIDE OUR CONTROL
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
22.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government.
22.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
23 WAIVER
23.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 20 above.
24 SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25 ENTIRE AGREEMENT
25.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
25.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
25.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
26 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
26.1 We have the right to revise and amend these terms and conditions from time to time.
26.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
27 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
