Terms and Conditions

These terms and conditions apply to all orders placed with Newstyle Print or Newstyle Design Ltd at 23 Midland Court, Station Approach, Oakham, Rutland LE15 6RA. These terms and conditions are also applicable to all orders placed online at www.newstyleprint.co.uk or www.newstyledesign.co.uk. The ‘Company’ urges the ‘Customer’ to print a copy of these terms and conditions for future reference.

1. Interpretation and Perspicuity

1.1 ‘Company’ means Newstyle Print or Newstyle Design Ltd (company registration number: 07121624). The ‘Company’ provides the goods and services for which these terms and conditions apply. 1.2 ‘Customer’ is the person, individual, client or business responsible for contracting the goods and services of the ‘Company’ as at 1.1. The word ‘Customer’ also implies potential customer. 1.3 ‘Website’ refers to www.newstyleprint.co.uk or to www.newstyledesign.co.uk. 1.4 ‘Order’ is the term given to a request by the ‘Customer’ for goods and services from the ‘Company’. 1.5 (a) ‘Invoice’ is the document for non website orders prepared by the ‘Company’, listing all items ordered by the ‘Customer’ as per those described at 1.6. The ‘Invoice’ will also state the price of the items, any tax due on those items and a payment due date where applicable. 1.5 (b) Items purchased online through the website of the ‘Company’ will be automatically issued an order and payment confirmation by email. A hard copy invoice can be obtained by the customer through the client ‘login’ facility on the website. 1.6 ‘Item Description’ refers to all work ordered by the ‘Customer’ under the headings Printing, Graphic Design, Website Design, Artwork or Labour etc. A third party purchase of an item on behalf of a ‘Customer’ or specialist items, with prior agreement of the ‘Customer’ will also be listed under ‘Item Description’ and may incur a special delivery charge. 1.7 ‘Payment’ is the amount due to be made by the ‘Customer’ to the ‘Company’. 1.8 ‘Delivery’ is the term used to indicate the distribution of the goods from the ‘Company’ to the ‘Customer’.

2. The Obligations of the ‘Company’

It is the obligation of the ‘Company’ to provide a quality of finished work at least equal to the quality of any samples approved by the ‘Customer’. It is not the obligation of the Company’ to change or alter in any way, even though this may later appear to improve, the work undertaken by the ‘Company’ on behalf of the ‘Customer’. The ‘Company’ take full responsibility if any work, once approved by the ‘Customer’ is then changed in any way to the dissatisfaction of the ‘Customer’. This work will only be charged for by the ‘Company’ once the ‘Customer’ has accepted delivery and is satisfied with the end product. These obligations apply only to non website orders.

3. The Obligations of the ‘Customer’

It is the obligation of the ‘Customer’ to approve any proof provided by the ‘Company’. Should the ‘Customer’ waive the rights to approving said work then the ‘Customer’ accepts full liability should there be any errors with the proof. To this end the ‘Customer’ indemnifies the ‘Company’ against any errors in the finished work. It is then the obligation of the ‘Customer’ to pay for all work provided, in full. Any alterations and/or additional work will then be charged extra and will only commence once the original work has been paid for. The ‘Customer’ will pay for website orders as requested online.

4. The ‘Company’ Website

The ‘Company’ operate their website with the sole aim of providing a service to the ‘Customer’. By using the website and any ‘Company’ recognised links, the ‘Customer’ is bound by these terms and conditions. Links on the ‘Company’ website may lead to other sites not operated by the ‘Company’. The ‘Company’ cannot be held responsible in the event of the ‘Customer’ taking links to other sites and being dissatisfied with the outcome. In using the World Wide Web the ‘Customer’ accepts all risks; the ‘Company’ cannot be liable for any damages whatsoever in connection with the ‘Customer’s’ use of the World Wide Web. Finally, by placing an order with the ‘Company’ on the website, you warrant that you are legally capable and permitted to enter into a binding contract on behalf of the ‘Customer’; additionally, you are at least 18 years of age and you are resident in the United Kingdom, unless otherwise stated as part of our contract. By placing an order on the website the ‘Customer’ signifies their acceptance of these Terms and Conditions.

5. Orders and Specifications

The ‘Customer’ must provide a fully communicating, serviceable address to include post code, a contact landline telephone number, a mobile telephone number where applicable and an email address. All proofs unless agreed otherwise will be communicated by email. Any work carried out by the ‘Company’ on behalf of the ‘Customer’ and whether experimental or not, can be charged for. Any amendments to work, not originally requested, can be charged for. Artwork is charged by the hour unless part of an agreed package. An order from a ‘Customer’ constitutes an offer to buy the products and services of the ‘Company’. All orders are subject to the acceptance of the ‘Company’ by confirming the acceptance of this order to the ‘Customer’ by email to the address provided by the ‘Customer’. Once the ‘Customer’ has agreed a proof and emailed to order the goods, the goods must be paid for. Once this email has been received by the ‘Company’ it is too late for the ‘Customer’ to cancel.

6. Contract and Services

Once the ‘Company’ has received an order by email from the ‘Customer’, this is deemed sufficient to construe a legally binding contract between the ‘Customer’ and the ‘Company’. All prices quoted by the ‘Company’ include delivery of the goods to the ‘Customer’ (within UK only) or a client of the ‘Customer’, whichever is specified and unless specified differently. The ‘Customer’ will not accept any order which is considered illegal. In this instance the ‘Company’ will inform the ‘Customer’ by email. The ‘Company’ is under no liability for any delay or failure to deliver goods or to perform as per these Terms and Conditions where the circumstances causing the same are out of the ‘Company’s’ reasonable control. The ‘Customer’ may not, under any circumstances assign or sub-contract any work for which they have a contractual obligation with the ‘Company’, unless the ‘Company’ have given express written permission to the ‘Customer’. All communications between the ‘Company and the ‘Customer’, including those by email, shall be deemed to be legally binding.

7. Availability, Delivery and Storage

7.1 Once the ‘Company’s’ payment criteria has been met by the ‘Customer’, goods will be dispatched to the ‘Customer’. Goods will be dispatched within 5 working days of notification by email from the ‘Company’ to the ‘Customer’ that the order has been received. Delivery dates suggested by the ‘Company’ are not guaranteed and any date given is an approximation. The ‘Company’ do not accept any liability in relation to consequential loss by the ‘Customer’ as a result of delayed delivery. Late delivery due to circumstances out of the control of the ‘Company’ will not be accepted by the ‘Company’ as a reason for the ‘Customer’ to cancel the order or refuse payment. 7.2 Unless otherwise specified by the ‘Company’, delivery within the UK is included in the price quoted for the goods. Any items for delivery outside of the UK will be charged and listed on the invoice to the ‘Customer’. Should the ‘Customer’ demand special delivery conditions within or outside the UK, the ‘Company’ reserves the right to charge for this delivery at a special rate agreed to prior to dispatch, by the ‘Customer’. Customers outside the UK will be charged for delivery and be advised of this cost prior to the ‘Customer’ placing an order. 7.3 All goods are deemed available to the ‘Customer’ unless the ‘Customer’ has received notification by email from the ‘Company’ advising this not to be the case, prior to invoice. Provided that the ‘Company’ has been seen to make every effort to have all goods available to the ‘Customer’ and has given reasonable notice to the ‘Customer’ by email to advise of any non availability of goods, the ‘Customer’ cannot cancel their order. Any goods stored by the ‘Company’ on behalf of the ‘Customer’ must be paid for in full as per the conditions of contract between the ‘Company’ and the ‘Customer’. With regard to website orders all products and services are available unless advised otherwise online. 7.4 Should the ‘Customer’ leave goods in the storage provided by the ‘Company’ for an unreasonable length of time, as advised by email by the ‘Company’, then the ‘Company’ shall be entitled to charge for said storage at a reasonable rate.

8. Quantity Variation

All reasonable efforts will be made by the ‘Company’ to deliver exact quantities of goods, as ordered, to the ‘Customer’, however as variation is inherent in the printing process, the ‘Customer’ must accept up to 10% variation (plus or minus), without complaint.

9. Preliminary Work

All work undertaken by the ‘Company’ on behalf of the ‘Customer’ whether experimental, preliminary or otherwise, can be charged for by the ‘Company’.

10. Materials and Equipment Supplied by the ‘Customer’

10.1 It is the responsibility of the ‘Customer’ to keep copies of all materials and/or files (electronic and/or print ready) provided by the ‘Customer’ to the ‘Company’. The ‘Company’ shall not be held responsible for checking the accuracy of any materials and/or files supplied by the ‘Customer’ unless previously agreed in writing by the ‘Company’. Should any of the materials and/or files supplied by the ‘Customer’ be deemed unsuitable for use by the ‘Company’ then it is the responsibility of the ‘Customer’ to correct this or to pay for the ‘Company’ to do so. 10.2 Standard file checks for website orders will only check if files are suitable for printing. Checks for spelling and use of colours and images are not provided and are the responsibility of the ‘Customer’. 10.3 Property belonging to the ‘Customer’ and supplied to the ‘Company’, whilst in the possession of the ‘Company’ or whilst in transit to or from the ‘Company’ is deemed to be at the risk of the ‘Customer’, unless otherwise agreed in writing with the ‘Company’ (including email instruction); this property should be insured by the ‘Customer’. 10.4 For storage see 7.4: Availability, Delivery and Storage.

11. Copyright

It is the full responsibility of the ‘Customer’ to obtain all the necessary authorisation and consent required to reproduce artwork, photographs and text or design prior to providing the same to the ‘Company’ and instructing the ‘Company’ to undertake work involving such articles. The ‘Customer’ will fully indemnify the ‘Company’ against all demands, actions, costs and expenses (including outgoings such as legal costs and disbursements);against losses and damages arising from or suffered or incurred by reason of any claim by a third party or others, arising from or suffered or incurred due to the reproduction of such materials by the ‘Company’ due to infringements of the intellectual property rights or other rights of any third party; or misuses the confidential information belonging to a third party, as disclosed by the ‘Customer’. All copy and design work originated and provided by the ‘Company’ to the ‘Customer’ will always be deemed the property of the ‘Company’ in relation to its copyright and design right, irrespective of any or all payments received by the ‘Company’ from the ‘Customer’. The ‘Customer’ has no right to allow any original copy or design work of the ‘Company’ to be reproduced by any other person or company; or to authorise any other person or company to do any act which would infringe the rights of the ‘Company’ and/or its copy or design rights, without the written authorisation of the ‘Company’. At the request of the ‘Customer’ the ‘Company’ may assign any copy or design rights of work undertaken on behalf of the ‘Customer’ to the ‘Customer’. At the discretion of the ‘Company’ this act may require payment from the ‘Customer’ to the ‘Company’ and must be requested in writing.

12. Prices, Invoicing and Payment

12.1 All product prices are clearly stated on the website and on the latest paperwork of the ‘Company’. Prices will vary from time to time due to special offers and price increases. All prices will attract VAT at the current rate (where VAT applies) and include delivery to the ‘Customer’ within the UK (unless special circumstances demand that an additional delivery charge must be made by the ‘Company’ – see 7.2: Availability and Delivery and 14: VAT). In the event of a price variation, to the price expected by the ‘Customer’, the ‘Customer’ should cancel a website transaction and contact the ‘Company’ immediately. 12.2 Where an order is placed on the website of the ‘Company’ the ‘Customer’ will be taken through a process of ordering, immediately followed by payment. If for any reason the ‘Customer’ is unable to make payment the ‘Customer’ should contact the ‘Company’ immediately by telephone or by email. 12.3 Where the ‘Customer’ is ordering directly from the ‘Company’ through their office or with a ‘Company’ representative, the ‘Customer’ will be either (a) asked for payment with order or (b) where the ‘Customer’ has a registered account with the ‘Company’ be expected to pay (c) immediately, (d) within 7 days of receipt of the order or (e) by the date set by their agreement with the ‘Company’. Failure to make payment by the due date will result in legal action being taken by the ‘Company’ against the ‘Customer’ for recovery of all sums. It is probable that the ‘Customer’ will be charged additional fees if late payments are agreed by the ‘Company’. Where the ‘Customer’ has failed to make payment on time the ‘Customer’ will be expected to pay for future orders in advance of delivery, when placing an order. 12.4 Where the ‘Customer’ purchases online through the website of the ‘Company’ the ‘Customer’ will be automatically issued an order and payment confirmation by email. A hard copy invoice can be obtained by the customer through the client ‘login’ facility on the website. 12.5 Where the ‘Customer’ is ordering directly with the office of the ‘Company’ or through a representative of the ‘Company’ an invoice will be prepared and emailed to the ‘Customer’ in advance of delivery. If there should ever be a discrepancy between the goods received and the invoice, then it is the responsibility of the ‘Customer’ to inform the ‘Company’ immediately and certainly no later than 72 hours after receipt of the goods. The ‘Customer’ should inform the ‘Company’ if a package is damaged upon receipt or if there is a discrepancy in what should have been delivered and what has actually been delivered. If the ‘Customer’ receives a damaged package it is the responsibility of the ‘Customer’ to write ‘RECEIVED DAMAGED’ on the paperwork of the delivery company and to give further details to the delivery company if the ‘Customer’ thinks it is necessary. Refunds or replacement goods will not be considered by the ‘Company’ if this process has not been adhered to. 12.6 Each invoice will describe all items ordered and clearly state the cost of each item. An invoice will also show VAT (where applicable) at the current rate and state any delivery charged due to special circumstances (see 7.2: Availability and Delivery and 14: VAT) or for delivery outside the UK. Each invoice will clearly state if any payment has been made and if so, the amount. If credit terms have been agreed by the ‘Company’ with the ‘Customer’ then a ‘payment to be made by’ date will be clearly stated on the invoice (see 12.2 for payment conditions). 12.7 All payments, other than those made on the website of the ‘Company’, should be sent to the address of the ‘Company’, clearly stated on the invoice, to be received no later than the ‘payment due’ date clearly stated on the invoice. 12.8 Those ‘Customers’ wishing to pay by BACS can access the ‘Company’ banking details available on their invoice. 12.9 Those ‘Customers’ wishing to pay by debit or credit card can do so by calling the ‘Company’. The ‘Customer’ should be aware that a fee of X% will be charged to the ‘Customer’ by the ‘Company’ when a credit card is used for payment under these circumstances. Credit card charges are not applicable to website orders.

13. Overdue Accounts

Goods will not be delivered to a ‘Customer’ whose account is overdue by more than 14 days. The ‘Company’ reserves the right to charge the ‘Customer’ interest at the rate of 5% above Lloyds Bank PLC base rate. (See 12.3 for conditions applicable to payments).

14. VAT

Value Added Tax will be added to all invoices, where applicable and except those falling into the exempt category, at the current rate. As of these conditions being written (August 2011), the standard rate of VAT is 20%.

15. Proofs and Obligations to Pay

The ‘Company’ does not automatically proof files or artwork provided by the ‘Customer’; it is assumed that the files and artwork will be accurate and supplied to the ‘Company’ to the resolution as required by the ‘Customer’. If a proof is required by the ‘Customer’ then this must be stated with the order and a charge may be added for this. All proofs supplied by the ‘Company’ must be ‘signed off’’ on email by the ‘Customer’. Further proofing etc will be charged accordingly. If style, layout or type is left to the opinion of ‘Company’, changes thereafter made by the ‘Customer’ may be charged extra. The ‘Company’ will not accept any liability for errors not corrected by the ‘Customer’, once the above procedure has been followed. The ‘Company’ does not print Pantone colours; all print is made up using a four colour (CMYK) process. The ‘Company’ will endeavour to provide the best colour match possible.

16. Refunds and Returns for a Valid Reason / Complaints

16.1 If for any reason the ‘Customer’ is unhappy with the outcome of an order then the ‘Customer’ must notify the ‘Company’ within 72 hours of delivery of the order. Upon hearing of the concerns of the ‘Customer’ the ‘Company’ will try to rectify the situation to the acceptance of the ‘Customer’. If the ‘Company’ believes the ‘Customer’ has a valid reason for complaint and is however unable to rectify the matter, the ‘Company’ will offer a replacement or refund as and if applicable. These conditions do not affect the statutory rights of the ‘Customer’. 16.2 Under the Distance Selling Regulations the ‘Customer’ has the right to cancel any order purchased on the website of the ‘Company’ provided that the order does not include personalised items or items made to the specifications of the ‘Customer’. 16.3 Any other complaints not previously covered under these terms and conditions should be made as soon as possible but within 72 hours of receipt of goods, directly by email to the ‘Company’. It is the wish of the ‘Company’ to deal with complaints of the ‘Customer’ as quickly and decisively as possible.

17. Liability and Claims for Damages/Loss etc and Insurances

17.1 The ‘Company’ will never be liable for losses to the ‘Customer’ arising from delays in transit not caused by the ‘Company’. Where any work is for some reason imperfect or in some way blemished i.e. wet or torn in any way, where this can be shown to be the fault of the ‘Company’ the only liability of the ‘Company’ will be to rectify this defect. 17.2 Delay, partial loss or damage of goods in transit or non delivery must be advised to the ‘Company’ and/or to the carrier within 72 hours of advice of delivery. Any claim in respect of these goods, which the ‘Customer’ intends to make, must be made in writing to the ‘Company’ and/or the carrier within 7 days of delivery or within 28 days of non delivery, whichever is the case. (see 15: Proofs and Obligations to Pay and 16: Refunds and Returns for a Valid Reason). 17.3 The ‘Company’ will at all times be vigilant to see that the website of the ‘Company’ is accurate and error free. It is equally the responsibility of the ‘Customer’ to advise the ‘Company’ by email of any apparent error in order to avoid any misunderstandings. The ‘Company’ cannot and will not guarantee that their website is free of bugs or viruses. Any loss of content or material uploaded or transmitted through the website is not the responsibility of the ‘Company’ and the ‘Company’ are not liable to a customer for any damages or losses incurred as a result of using the website of the ‘Company’. 17.4 The ‘Company’ will make every effort to keep information provided by the ‘Customer’, whether it be electronic or by hard copy, confidential. All reasonable precautions will be taken by the ‘Company’ to secure all order and payment details pertaining to the ‘Customer’. The ‘Company’ however, will not be held liable for any losses caused to the ‘Customer’ as a result of unauthorised access to information provided by the ‘Customer’. 17.5 The ‘Customer’ must ensure they are fully insured in order to cover all liabilities mentioned in these terms and conditions (see; 7, 10, 11, 12, 15, 16, 18, 19)

18. Links to Other Websites

When using the website of the ‘Company’, the ‘Customer’ may be able to link to other websites. In so doing the ‘Customer’ should note that the ‘Company’ have no interest or control in these websites and therefore have no obligation for their content. Additionally the ‘Customer’ should take care to consider the terms and conditions of other websites before striking a contract on any of these websites. The ‘Company’ will not be liable for losses incurred by the ‘Customer’ whilst the ‘Customer’ is visiting other websites. (See also 4: The ‘Company’ Website).

19. Illegal Printing

19.1 The ‘Company will not undertake a contract with a ‘Customer’ who in the opinion of the ‘Company’ is requiring the ‘Company’ to undertake an order of an illegal or libellous nature; this includes an order which may infringe the proprietary or other rights of a third party. 19.2 The ‘Customer’ will indemnify the ‘Company’ in respect of any costs, expenses or claims arising from any libellous matter or of any infringement of patent, copyright, design right or any other personal or proprietary rights contained in anything produced by the ‘Company’ on behalf of the ‘Customer’. This indemnity extends to all amounts paid on a lawyer’s advice in settlement of any claim made against the ‘Company’. (For ‘Copyright’ see 11).

20. Use of Personal or Company Information / Data Protection

20.1 Information gathered about the ‘Customer’ by the ‘Company’, be it in person, through a representative or through the website of the ‘Company’, may be used by the ‘Company’ in order to improve the goods and services of the ‘Company’. 20.2 Information may also be used to protect all other customers and the ‘Company’ by making identity checks about the ‘Customer’. In order to do so the ‘Company’ may forward information to other companies, other retailers, financial and other organisations (including law enforcement agencies involved in fraud prevention and detection) about the ‘Customer’, including how the ‘Customer’ maintains an account and the full value of any credit extended to the ‘Customer’ by the ‘Company’. 20.3 All information received about a ‘Customer’ will be retained by the ‘Company’ either in hard copy or on a computer, even if the ‘Customer’ is no longer actively ordering from the ‘Company’. 20.4 Should the ‘Customer’ not be in agreement with the use of their personal information by the ‘Company’ they should make the ‘Company’ aware, in writing, prior to placing any order with the ‘Company’. 20.5 If the ‘Customer’ has any doubts whatsoever about how the ‘Company’ may use their personal information, they should inform the ‘Company’ immediately, in writing, prior to placing a first order with the ‘Company’. Failure to do so, then subsequent dissatisfaction with the ‘Company’ and its’ actions with regards to use of their information will be deemed invalid of law within the UK. (See also 17.4: Liability etc). 20.6 A ‘Customer’ placing and paying for an order on the website of the ’Company’ consents to all details given being kept and used by the ‘Company’ as described at 20.1, 20.2 and 20.3.

21. Risk and Title / Ownership/ Insolvency

21.1 The ‘Company’ retains the ownership of all goods either in transit or in storage, whether that be at the offices of the ‘Company’ or the offices of the ‘Customer’, until such time as the goods have been paid for in full by the ‘Customer’. 21.2 Goods in transit by the carrier or in storage of the ‘Customer’ remain the risk of the ‘Customer’ and the ‘Customer’ is advised to insure against any losses incurred with regard to these goods. 21.3 If the ‘Customer’ should become the subject of insolvency and at this time goods remain unpaid for, the ‘Company’ may recover these goods and if need be enter the premises of the ‘Customer’ to do so. Under these circumstances, if required by law not to remove goods from the premises, then the ‘Company’ has the right to box, seal and label all goods so as to mark them as the property of the ‘Company’. 21.4 Where the ‘Customer’ has been selling the goods of the ‘Company’ to a third party, then under the circumstances of insolvency the ‘Company’ may approach the third party customer with a view to selling to them direct.

22. Transfer of Rights and Obligations

22.1 The contract between the ‘Company’ and the ‘Customer’ is binding on both parties and on any respective successors or assignees. 22.2 The ‘Customer’ may not charge, transfer or assign or otherwise dispose of the contract with the ‘Company’, or any of the obligations and rights within it, without the prior written consent of the ‘Company’. 22.3 The ‘Company’ has the right to charge, transfer or assign or otherwise dispose of the contract with the ‘Customer’, or any of the obligations and rights within it, at any time during the term of the contract with the ‘Customer’.

23. Periodical Publications

Where the ‘Customer’ has a contract with the ‘Company’ for producing Periodical Publications, then should the ‘Customer’ wish to cancel the contract, the ‘Customer’ must give at least (a) 13 weeks notice or (b) 26 weeks notice for publications produced more frequently than monthly. Such notice cannot be given during the work on a periodical but must be given at the end of a previous issue and before the start of the next. However should the ‘Customer’ be in arrears in paying the ‘Company’, then the ‘Company’ has the right to terminate the contract for the publication at any time.

24. Electronic and Print Ready Files

24.1 It is the responsibility of the ‘Customer’ to always retain a copy of all files, electronic and print ready sent to the ‘Company’. 24.2 The ‘Company’ cannot be held responsible for checking files for errors; this is entirely the responsibility of the ‘Customer’. 24.3 If any file is thought by the ‘Company’ to be unsuitable for printing (i.e. damaged in some way or poorly presented) then the ‘Company’ will advise the ‘Customer’. Should the ‘Customer’ require the ‘Company’ to rectify, alter, amend or improve the file then this work may be charged for. This may impact on the delivery time. (See 15: Proofs and Obligations to Pay).

25. IP Addresses and Cookies

Please call for more information

26. Notices and Written Communications

26.2 All notices will be considered received by either party by post after 3 days and by email after 24 hours. Proof of email can be requested by both parties and is now the most common means of communication. If an email has not been returned then it has been received. With letters posted, a proof of posting can be obtained from the Post Office. 26.3 For contractual purposes both the ‘Customer’ and the ‘Company’ agree that an email is sufficient, however a letter is acceptable.

27.General Lien

Without prejudicing other means, the ‘Company’ at their premises, may, if having goods or property belonging to a bad debt ‘Customer’ be entitled, upon the expiration of 14 days notice, to dispose of these goods and property and apply the proceeds towards reducing the bad debt.

28. Force Majeure

28.1 The ‘Company’ is not liable for failure to perform its’ obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. Neither party is entitled to terminate their contract in such circumstances. 28.2 If the ‘Customer’ or the ‘Company’ asserts Force Majeure as an excuse for failure to perform their obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described as Force Majeure.

29. Severability and Our Rights

29.1 If any of these terms and conditions are determined by any competent authority to be unenforceable, invalid or unlawful, they will be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law. 29.2 The ‘Company’ has the right from time to time to change these terms and conditions. If this copy is a paper copy, the latest copy of terms and conditions can be found on the website of the ‘Company’. 29.3 Any orders within the system of the ‘Company’ for which price has been agreed and /or payment has been received will be deemed to be recognised under any terms and conditions about to be changed and not the terms and conditions after a change, unless expressly requested by the ‘Customer’.

30 Law and Jurisdiction

A contract for purchasing goods and services from the ‘Company’ by the ‘Customer’ will be governed by and construed in accordance with English law and both parties agree to submit to the jurisdiction of the courts of England and Wales.