Where used in these terms and conditions the following words and phrases have the following meanings:
"Conditions" means these terms and conditions;
"Contract" means any contract created as referred to in clause 2.1.6 of these Conditions;
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
"Product" means a product displayed for sale on the Website;
"Product Description" means that part of the Website where certain details, description and specification in respect of the relevant individual Product are provided;
"Personal Information" means the details provided by you when registering your details on the Website;
"UK" means England, Wales, Scotland, Northern Ireland and the Channel Islands;
"Users" means the users of the Website collectively;
"we/us/our" means Peter Jones TV Limited (registered in England and Wales with company number 04946990) whose registered office is at Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1LY, VAT number GB 880984376; and
"Website" means the website located at www.peterjonescollection.tv or any subsequent URL which may replace it.
These Conditions apply to any order you place with us through the Website. You must read these Conditions carefully. By placing an order for one or more Products through the Website, you confirm that you have read, understood and agree to the Conditions in their entirety. If you do not agree to these Conditions in their entirety, you must not order any Product through the Website.
2. Acceptance of your order
- 2.1The following conditions need to be met in full before a binding contract is created between you and us:
- 2.1.1 you place an order for one or more Product(s) on the Website by completing the check-out process and following the online instructions via clicking on the "Basket" link on the Website; you will be guided through the order process by following a series of simple online instructions; please note that completion of the online check-out process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we despatch the Product(s) that you ordered from us;
- 2.1.3 all credit/debit card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before we despatch the Product(s) that you have ordered. The Merchant ID/payment reference that will show up on your credit card/bank statement in respect of the transaction will be either 'Payselect' or "The Peter Jones Collection". If your payment is not received and you have already received the Product(s) you ordered from us, you must pay for the Product(s) or return those Product(s) to us in accordance with our terms as set out in clause 5 of these Conditions and any other instructions that we provide to you in respect of any such return. Any Product(s) returned by you to us must be returned in the same condition that you received them from us and at your own expense. If you do not do return Product(s) to us when required to do so pursuant to this clause 2.1.3 within 14 (fourteen) days of the date on which we cancel your order, we may collect or arrange for collection of the Product(s) at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Product(s) that are the subject of an unpaid order;
- 2.1.4 we will notify you by email as soon as possible to confirm that we have received your order and we will send you an order acknowledgment via email detailing the Product(s) which you have ordered; it is your sole responsibility to check the order acknowledgement details and advise us of any errors or omissions as soon as possible and in any event with 2 (two) days of receipt of the order acknowledgement. Such order acknowledgement does not constitute an order confirmation or order acceptance by us;
- 2.1.5 when the Product(s) you have ordered are shipped by us we will send you a despatch confirmation email; and
- 2.1.6 Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Cancellations.
- 2.2 All Product(s) that you order through the Website will remain the property of Peter Jones TV Limited until we have received payment in full from you for those Product(s).
- 2.3If we cannot supply you with the Product(s) you ordered, we will:
Non-acceptance of your order may be for any one or more of the following reasons:
- 2.3.1 inform you of this in writing by email; and,
- 2.3.2 if you have already paid for the Product(s), subject always to clauses 3 and 5 of these Conditions, refund you in full as soon as reasonably possible and in any event within 14 (fourteen) days.
- the Product(s) no longer being available or in stock; or
- the identification of a pricing or other error in the order; or
- your payment in respect of the order is not authorised by your card issuer; or
- the delivery address specified is not in the UK.
- 2.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
3. Cancellation of your Order
- 3.1 You are entitled to cancel any Contract provided you notify us in writing (by email to firstname.lastname@example.org) of such cancellation no longer than 14 (fourteen) working days after the day on which you have received the Product(s) subject of the relevant order.
- 3.2If you wish to exercise your right to cancel a Contract after your order has already been despatched, we will refund the original purchase price, provided that you:
- 3.2.1 have notified us of such cancellation in writing no longer than 14 (fourteen) working days after the day on which you receive the Product(s) subject to the relevant order; and
- 3.2.2 you have complied with our returns policy as set out in clause 5 of these Conditions.
- 3.3If your:
- 3.3.1 order hasn't arrived, or arrives incomplete;
- 3.3.2 has been despatched but hasn't arrived within the expected time period, please email email@example.com or telephone our contact centre on 0844 854 0437.
- 3.4 If your order arrives and the Product(s) are damaged, please comply with our returns policy as set out in clause 5 of these Conditions, email firstname.lastname@example.org or telephone our contact centre on 0844 854 0437.
- 4.1 We will only deliver Product(s) to an address in the UK; we are not able to deliver Product(s) ordered through the Website to a delivery address outside the UK.
- 4.2 Delivery will be to the UK address specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order can be collected from.
- 4.3 Any order for Product(s) with an aggregate purchase price of less than £30.00 will be despatched via Royal Mail first class post.
- 4.4 Any order for Product(s) with an aggregate purchase price of more than £30.00 will be despatched via Parcelforce.
- 4.5 All risk in the Product(s) you order (including risk of loss and/or damage to the Product(s)) shall pass to you when they are delivered to the UK delivery address specified in your order.
- 4.6 We shall be under no liability for any delay or failure to deliver Product(s) if the delay or failure is wholly or partly caused by circumstances beyond our control.
- 4.7 In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 (as amended from time to time) and other applicable legislation.
5. Returns and refunds
- 5.1 We hope you'll be pleased with the Product(s) you purchase via our Website. If you should change your mind, and wish to return anything bought from the Website, we'll be happy to refund or exchange a Product providing it's in fully resaleable condition.
- 5.2 We offer a returns service for damaged, faulty or change of mind Product(s) provided that such return is notified to us no longer than 14 (fourteen) working days after the day on which you have received the Product(s) to be returned and subject always to the remaining provisions of clause 5 of these Conditions.
- 5.3 Any Products you return must be returned at your expense in the same condition that they have been received.
- 5.4 Products that are deemed to have been worn, for any purpose other than trying on to confirm right size and fit (shirts and ties), may not be approved for a refund and the Product(s) will be returned to you at your expense. Socks (unless faulty) are not eligible for return or refund.
- 5.5 Should you wish to return a Product pursuant to the provisions of clause 3 or clause 5.2 of these Conditions please send an email to email@example.com detailing the following information;
- 5.5.1 original order reference number;
- 5.5.2 your name;
- 5.5.3 your daytime contact number;
- 5.5.4 the Product(s) you are returning; and
- 5.5.5 the reason you wish to return the Product(s) we will then subject to compliance with the provisions of clause 3 and clause 5.2, raise a "Returns Authorisation" and email it to you. This email will clearly detail the address to return the items to. Please allow 2 (two) working days from receipt of your email to receiving a response.
- 5.6 If any Product returned is not in fully resaleable condition or the packaging is damaged, we do reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.
- 5.7 Refunds can only be made to the original card of purchase. We will aim to process refunds as soon as reasonably practicable and in any event within 14 (fourteen) days of receipt of the Product(s) returned in compliance with the provision of this clause 5 of these Conditions.
- 5.8 When you buy online or by phone, you have additional rights as a consumer under the Distance Selling Regulations. This means if you as the purchaser notify us in writing of your wish to return an item within 7 (seven) working days of receiving it, we’ll refund you the purchase price. Please make sure you take reasonable care of the item while it's in your possession.
Product prices are correct at the time of publishing and include VAT. It may be necessary to change Product prices from time to time, including pursuant to any changes in the rate of VAT. Any Product price changes will be confirmed to you in the relevant order acknowledgement.
7. Product Description and availability
- 7.1 Each Product purchased is sold subject to its Product Description.
- 7.2 We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy set out in clause 2.1 of these Conditions.
- 7.3 All reasonable efforts have been made to portray Product(s) on the Website accurately, but slight variations may occur. All measurements are approximate and colour representation and reproduction are dependent upon publishing processes and the set up of the device from which you are viewing the Website.
- 7.4 All Product(s) featured on the Website are subject to availability. We will inform you as soon as practicable if Product(s) that you have ordered are not available.
8. Limitation of Liability
- 8.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
- 8.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. Whilst all reasonable efforts are made to ensure that the Website is free from viruses and defects, this cannot be guaranteed. We shall not be liable to you or any other person for loss or damage which may arise or occur to computer and electronic equipment as a result of using this Website.
- 8.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights as set out in clause 3 of these Conditions.
- 8.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:
- 8.4.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- 8.4.2 any loss of goodwill or reputation; or
- 8.4.3 any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Conditions.
- 8.5 Our total liability for any claim howsoever arising under any Contract or these Conditions shall not in any circumstances exceed the purchase price of those Product(s) supplied to you pursuant to the relevant Contract. We do not accept any liability for a failure to comply with instructions specifically stated on the Website. Your statutory rights are not affected by this statement. We endeavour to check the accuracy of the information on this Website. However, we cannot guarantee such information will be error-free and you acknowledge that information published on this Website may include inaccuracies and typological errors.
- 8.6 Nothing in the Conditions shall exclude or limit our liability for fraud, death or personal injury resulting from our negligence or that of our servants, agents or employees.
9. Enquiries and Customer Services
9.1 These Conditions control and protect the use of the Website and apply to all orders placed by you with us via the Website.
9.2 If you have any queries about these Conditions or any order or Contract, please email firstname.lastname@example.org telephone our contact centre on 0844 854 0437.
Status and Application
- 10.1 These Conditions apply to your use of the Website.
- 10.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Conditions, they comply with them and they are not under the age of 13 and if they are over the age of 13 but under the age of 18 they are being supervised by an adult over the age of 18 at all times. Access to the Website by anyone under the age of 13 is unauthorised and is not permitted by these Conditions; by using the Website you warrant that you are over the age of 13 and if you are over the age of 13 but under the age of 18 you are being supervised by an adult over the age of 18 at all times.
- 10.3 You must read these Conditions carefully, by using the Website, you confirm that you have read, understood and agree, without, exception, to the Conditions in their entirety. If you do not agree to these Conditions in their entirety, you must not use the Website.
- 10.4 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
- 10.5 The Website is owned, controlled or licensed by us. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
- 10.6 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. You may print off one copy, and may download extracts of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way pursuant to this Condition, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status as the authors of material on Our Site must always be acknowledged. If you print off, copy or download any part of the Website in breach of these Conditions your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have printed off copied or downloaded. Notwithstanding the previous provisions of this clause 10.6, providing always a reference is made to the Website together with an acknowledgement as to the source of such information, schools, colleges, not-for-profit organisations and individuals may freely use information on this Website in any way required in order to develop understanding and learning of entrepreneurship.
- 10.7We reserve the right to:
- 10.7.1 modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- 10.7.2 change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these Conditions have been changed. If you do not agree to any change to these Conditions then you must immediately stop using the Website.
- 10.8 If you access the Website from outside the UK you are responsible for compliance will all local laws in respect of such access/use.
- 10.9You warrant to us that:
- 10.9.1 you have parental consent if under 18 years of age where you are providing Personal Information;
- 10.9.2 the Personal Information which you provide to us is true, accurate, current and complete in all respects; and
- 10.9.3 you will notify us immediately of any changes to the Personal Information by contacting us by email at email@example.com.
- 10.10 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
- 10.11 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.
- 10.12 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. As you have chosen to enter the linked website, you acknowledge and agree that, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
- 10.13 You may use the Website only for lawful purposes. You must not use the Website:
- 10.13.1 in any way that breaches any applicable local, national or international law or regulation; or
- 10.13.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- 10.13.3 for the purpose of harming or attempting to harm minors in any way; or
- 10.13.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- 10.13.5 to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 10.14 You must not:
- 10.14.1 reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Conditions; or
- 10.14.2access without authority, interfere with, damage or disrupt:
- 10.14.2.1 any part of the Website; or
- 10.14.2.2 any equipment or network on which the Website is stored; or
- 10.14.2.3 any software used in the provision of the Website; or
- 10.14.2.4 any equipment or network or software owned or used by any third party; or
- 10.14.2.5 modify the paper or digital copies of any materials you have printed off or downloaded in any way from the Website, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
- 10.14.2.6 use any part of the materials on the Website for commercial purposes.
Website suspension and termination
- 10.15 We will determine, in our discretion, whether there has been a breach of these Conditions through your use of the Website. When a breach of these Conditions has occurred, we may take such action against you or any other third party as we in our absolute discretion deem appropriate.
- 10.16Failure by you to comply with these Conditions, may in our absolute discretion result in our taking all or any of the following actions:
- 10.16.1 immediate, temporary or permanent withdrawal of your right to use the Website; or
- 10.16.2 issue of a formal warning to you; or
- 10.16.3 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your failure to comply with these Conditions; or
- 10.16.4 further legal action against you; or
- 10.16.5 disclosure of such information to such law enforcement or other regulatory authorities as we in our absolute discretion decide.
Viruses, hacking and other offences
- You must not misuse the Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful in any way. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
- We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
- 10.20 The information on the Website is provided by Peter Jones TV Limited and is for general information purposes only.
- 10.21 We do not accept any responsibility or liability for loss or damage including without limitation, any economic losses, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of data arising out of or in connection with the use of the Website.
- 10.22 While we make every reasonable effort to ensure that the information provided on the Website is accurate, we make no representations, warranties or guarantees of any kind, express or implied, regarding the completeness, accuracy, reliability, satisfactory quality, fitness for a particular purpose, compatibility or security of information, products, services, or related graphics contained on the Website for any purpose (or to third party information, products and services). Any reliance you place on such information is at your own risk.
- 10.23 We have no control over the nature, content and availability of any third party websites we may link to. Linking should not be taken as endorsement of a website, including any products and services referred to in that website, nor does it imply that there is an association between Peter Jones TV Limited and the operators of that website. Peter Jones TV Limited cannot guarantee that these links will work all the time and has no control over the availability of linked pages. We endeavour to keep the Website running smoothly but Peter Jones TV Limited does not guarantee uninterrupted access to the Website.
- 11.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. If you wish to read the information that we hold about you, you should contact the web team via the Contact page. While we reserve the right to make a nominal charge for such for information requests, we are unlikely to do so.
- 11.2 When you use this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, postal address, telephone number etc. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website ("User Information").
- 11.3 You should be aware that the Website is monitored and may capture information about your visit that will help us improve the quality of our service. If you submit your information via any competitions, we will store your details for assessment of your business proposal. Your proposal could be read by us, Peter Jones CBE, each of ours/Mr Jones’ respective investment teams, advisers, employees, agents or by trusted third party associates who may wish to contact you about investing in your business or business venture.
- 11.4We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
- 11.4.1 to customise the Website according to your interests;
- 11.4.2 to improve our products and services;
- 11.4.3 for statistical or survey purposes to improve this Website and its services to you;
- 11.4.4 to contact you for market research purposes; although we will only pass on your details to third parties who may contact you for marketing purposes with your prior approval;
- 11.4.5 to serve website content and advertisements to you;
- 11.4.6 for internal record keeping;
- 11.4.7 to administer the Website; and
- 11.4.8 to periodically send promotional emails about new products, special offers or other information which we think you may find interesting [OR if you consent, to notify you of products or special offers that may be of interest to you].
- 11.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- 11.6 Once you have registered your Personal Information with us you will receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. You may unsubscribe from our contact list at any time by clicking on the unsubscribe link at the bottom of the email.
- 11.7 Your Personal Information may be disclosed to other businesses and companies within the same group as Peter Jones TV Limited and to reputable third parties who will help process your order. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
- 11.8 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
- 11.9 Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. To find out more about Cookies, please visit www.aboutcookies.org.
- 11.10 We realise how important it is to securely store any information that you provide. We maintain the highest levels of security. You can therefore rest assured that we take the privacy and security of your Personal Information very seriously.
- 11.11 Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
- 11.12 To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
- 11.13 You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.peterjonescollection.tv in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.
- 11.14 Please check back frequently to see any updates or changes to our privacy and security policies.
- 11.15 It is possible that access to the Website may be unavailable or curtailed from time to time. We reserve the right to withdraw or amend the service we provide on the Website as set out in these Conditions without notice. We will not be liable if, for any reason, the Website is unavailable at any time or for any period.
- 11.16 From time to time, we may restrict Users access to all or any part of the Website, or any Users access to the Website who have registered with us.
- 11.17 If you choose a password as part of our registration procedure, you must treat such password as confidential, and you must not disclose it to any third party. We have the right to disable your password, if in our opinion, you have failed to comply with or otherwise breach any of the provisions of these Conditions.
- 12.1 Force Majeure: We shall have no liability to you under any Contract or under these Conditions if we are prevented from, or delayed in, performing our obligations under such Contract, these Conditions or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
- 12.2 Waiver: A waiver of any right under any Contract or these Conditions is only effective if it is in writing and it applies only in the circumstances for which it is expressly given. Unless specifically provided otherwise, rights arising under the Contract or these Conditions are cumulative and do not exclude rights provided by law.
- 12.3 Severance: If any provision of any Contract or these Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to our commercial intention.
- 12.4 Governing Law: The Contract, these Conditions and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. You irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract, these Conditions or their subject matter or formation (including non-contractual disputes or claims).