THIS DOCUMENT (TOGETHER WITH THE DOCUMENTS EXPRESSLY REFERRED TO ON IT) TELLS YOU INFORMATION ABOUT US AND THE LEGAL TERMS AND CONDITIONS (TERMS) ON WHICH WE SELL ANY OF THE PRODUCTS (PRODUCTS) OR SERVICES (SERVICES) LISTED ON OUR WEBSITE (OUR SITE) OR AVAILABLE FROM OUR SHOP (OUR SHOP) TO YOU.
These Terms will apply to any contract between us for the sale of Products and/or Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Services from our site or placing an order in our shop. Please note that before placing an order you will be asked to agree to these Terms. When using our site, please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products or Services from our site.
When placing an order in our shop, these Terms will be either be shown on the hard copy of the Contract or, where you contact us by telephone they will be sent to you in an email. When using our site or placing an order by telephone, you should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products or Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 2nd January 2021.These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.oakwooddoors.co.uk. We are Oakwood Doors & Spray Finishes Limited, a company registered in England and Wales under company number 06738169 and with our registered office at 581-585 Wakefield Road, Huddersfield HD5 9XP. Our main trading address is 581-585 Wakefield Road, Tandem, Huddersfield HD5 9XP. Our VAT number is 945473986.
1.2 To contact us, please see our Contact Us page
2. OUR PRODUCTS
2.1 The images of the Products on our site and in any brochures or leaflets (our Promotional Materials) are for illustrative purposes only. Although we have made every effort to display the colours and finishes accurately, we cannot guarantee that your computer's display of the colours and finishes or those shown in our Promotional Materials accurately reflect the colour and finishes of the Products. Your Products may vary slightly from those images.
2.2 Any samples, drawings, descriptive matter or advertising issued by us and any descriptions, illustrations, weights, or pictures contained in our catalogues, brochures or website 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 or have any contractual force. All original images created by us are protected by copyright and may not be used without out permission.
2.3 Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site or in our Promotional Materials have a % tolerance.
2.4 The packaging of the Products may vary from that shown on images on our site or in our Promotional Materials.
2.5 All Products shown on our site or in our Promotional Materials are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products or Services from our site or our shop if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products and/or Services.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and 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 these Terms or any document expressly referred to in them.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Ordering through our site
(a) Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
(b) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.2 Ordering in our shop in person
(a) Please ensure that you read these Terms carefully, and check that the details on the order and in these Terms are complete and accurate, If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
(b) When you confirm the order to us, this does not mean we have accepted your order for the Products and/or Services. Our acceptance of your order will take place as described in clause 7.4.
7.3 Ordering by telephone
(a) You may place an order with us over the telephone. Such orders are subject to these Terms. We will send to you in writing (usually by email) confirmation of your order together with a copy of these Terms. Please ensure that you read these Terms carefully, and check that the details on the order and in these Terms are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss. Any changes or amendments need to be made in writing to us at firstname.lastname@example.org or via our postal address. We will confirm any changes in writing to avoid any confusion between you and us. (b) When you place your order with us over the telephone, this does not mean we have accepted your order for the Products and/or Services. Our acceptance of your order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation) or, in the case of Services, that your order has been accepted (Order Confirmation),. The Contract between us will only be formed when we send you the Dispatch Confirmation or Order Confirmation, as appropriate. For the avoidance of doubt, where you order Products and Services we may confirm our acceptance in one e-mail.
7.5 If we are unable to supply you with a Product or Service, for example because a Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products and/or Service, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer and you buy Products or Services via our site or by telephone, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3.
9.2 However, this cancellation right does not apply in the case of any made-to-measure, custom-made products including pre-hung door sets which are made to your specifications. Items that you have added the spray finishing to your order and Items advertised as Clearance / Damaged.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation or Order Confirmation, which is when the Contract between us is formed. If you have ordered Products and these Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 Where you have ordered Services, if you have confirmed that you permit us to start work prior to the end of your cancellation period (either in writing or on the order form) then these cancellation rights do not apply.
9.5 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to 581-585 Wakefield Road, Tandem Huddersfield HD5 9XP. Or please fill out the cancellation form that can be found on our website (INSERT LINK HERE TO CANCELLATION FORM ) You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. You must also return the Products to us as soon as reasonable practicable within 14 days and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. Items must be in a saleable condition and in their original packaging. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.6 You will receive a full refund of the price you paid for the Products only when items are returned to us in a saleable condition and in their original packaging. If items are returned to us outside the 14 calendar days, a 25% restocking charge will apply. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. We refund you on the credit card or debit card used by you to pay.
9.7 Exchange Policy ; If we agree to exchange an item then this will be strictly on the basis that you pay for the delivery charge both for delivering the replacement and collection of the items(s) to be exchanged. Alternatively, if we have agreed to exchange an item, you may, at your cost, return that item to us and collect the replacement item from us to avoid delivery charges.
9.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. You should contact ourselves for the collection charges as this can vary subject to the collection postcode. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. Where goods are supplied in clear packaging, the packaging must be kept intact.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation or Order Confirmation, as applicable.
10. MADE-TO-MEASURE PRODUCTS - Unable to Cancel or Refund due to Delivery delays or customer incorrect measurements
10.1 Some of our products are made to order according to the measurements you provide us such as Bespoke Doors, composite door sets, pre-hung door sets and Spray Finishing Service.
10.2 Please make sure your measurements or finish are correct and accurate before proceeding with any orders. Once Bespoke orders have been signed off with a CAD drawing or confirmed by payment, unfortunately, we cannot accept a cancellation of a Bespoke order or the return of made-to-measure Bespoke Products if the reason for the return is because you provided us with incorrect measurements or are experiencing a delay on the estimated time of arrival. All bespoke items lead time are estimated dates at the time of ordering and are not a confirmed warehouse date.
The effects of the COVID -19 Outbreak have had significant impact on all international trade and on the shipping industry. Shipping companies have cancelled or delayed some routes and ports have been closed across the globe, causing long delays moving product both domestic and overseas. Further disruption has been caused across Europe and in the UK by Brexit. The consequence of this is a huge back log of shipments waiting to arrive in to our country.
You may find information and tips on how to measure in our brochure or on our site, or by contacting us.
11.1 Your order for Products will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Delivery will be Monday to Friday between the hours of 6:30am and 7pm for standard stock items. We do not deliver on Bank Holidays.
11.2 Subject to clause 11.4, delivery will be completed when we deliver the Products to the address you gave us.
11.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Please note if your order qualifies for free delivery, this only applies to our first attempt at delivery and subsequent attempts will be charged at our usual rates.
11.4 If we are not able to deliver the whole of the ordered Products at one time due to operational reasons or shortage of stock, we will deliver the Products in instalments if required. If you ask us to deliver the Products in instalments, we will charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
11.5 Where we are unable to deliver the Products because no-one is available when we attempt our first delivery or where you have asked us to postpone the delivery date past that stated in the Dispatch Confirmation (and we have agreed to this) then the Products will be stored by us until such time as you are able to take delivery provided that:
(a) Delivery will be deemed to have taken place on the date being two weeks from the estimated delivery date set out in the Dispatch Confirmation and the Products will be at your risk from that date. This means that you may wish to ensure that you have adequate insurance to cover the Products during this time; and (b) We may charge reasonable storage fees.
11.6 The Products will be your responsibility from the completion of delivery.
11.7 You own the Products once we have received payment in full, including all applicable delivery charges.
11.8 Where you wish to collect products from us you must contact us to arrange in advance a mutually convenient time to enable us to ensure the products are available. When you choose to collect in store, please bring with you a valid form of ID (drivers license/passport) and a copy of your order acknowledgement email. You will be required to sign a collection note upon your arrival, so it's important that you bring a signed bank/credit card for signature verification. Always check with us before setting off, to ensure your goods are ready for collection.
11.9 Unfortunately due to insurance restrictions all delivery drivers are only able to deliver items to kerbside unless we have advised otherwise. It is not their responsibility to take the delivery into or upstairs in your property. It is therefore advisable to ensure there is adequate help to unload delivery into your home, baring in mind these items are often bulky and heavy.
12. NO INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not delivery to addresses outside Mainland UK.
12.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
12.3 Unfortunately, we do not deliver to P.O boxes
13. ACCEPTANCE OF GOODS
13.1 You may reject any Products delivered to you that do not comply with the Contract, provided that: (a) notice of rejection is given to us: (i) On delivery please record any visible edge damage on all copies of the delivery note and return items with the driver. Claims for this type of damage will not be accepted unless noted in this way. (ii) in the case of a defect that is apparent on normal visual inspection, ie face or other damage under the packaging, within 2 working days (or 48 hours) of delivery provided that where the defect was identifiable through the Product’s packaging, that the packaging has not been removed; Claims for this type of damage cannot be accepted at a later date.
(iii) Pre- Installation Inspection; you should check your door before you commence any work. Check carefully that the doors to be installed are fully acceptable and in good condition prior to any installation work being carried out on the door. If you chose to employ workmen prior to inspection and acceptance of goods in A1 condition, customers do so against advice from Oakwood Doors and Oakwood will not be liable for an loss of earnings in these circumstances. If any works carried out on the doors there can be no refund or exchange. Timber is a natural product & you will get variations in colour and it should not be deemed a fault with the goods. (iv) in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and (b) none of the events listed in clause 17.2 apply. If you employ work men to accept the delivery on your behalf, the responsibility is between yourself and your workmen to ensure items are correct prior to work commencing.
13.2 If you fail to give notice of rejection in accordance with clause 13.1, you shall be deemed to have accepted such Products.
13.3 *Warp/bow/cup/twist (as set out in the relevant British Standard) shall not be considered a defect unless it exceeds ¼ inch (6.35mm) in the plane of the door itself. Warp is any distortion in the door itself and does not refer to the relationship of the door to the frame or jamb in which it is hung.
14. PRICE OF PRODUCTS AND DELIVERY CHARGES
14.1 The prices of the Products and/or Services will be as quoted on our site or in our Promotional Materials or otherwise displayed in our shop from time to time. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) or Service(s) you ordered, please see clause 14.6 for what happens in this event.
14.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or Order Confirmation (as applicable).
14.3 In the case of bespoke Products or Services, prices will be confirmed to you in writing.
14.4 The price of a Product or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and/or Services in full before the change in VAT takes effect.
14.5 The price of a Product or (where applicable) Service does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page. Our delivery charges are also set out in our Promotional Materials or available on request in our shop.
14.6 We sell a large number of Products and Services. It is always possible that, despite our reasonable efforts, some of the Products or Services on our site or in our Promotional Materials or in our shop may be incorrectly priced. If we discover an error in the price of the Products or Services you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price.
15. HOW TO PAY
15.1 Other than orders made in person in our shop, you can only pay for Products or Services using a debit card or credit card, excluding American Express. Cash is also accepted in our shop. Payment can also be made via BACS payment.
15.2 Payment for the Products and/or Services and all applicable delivery charges is in advance.
16. MANUFACTURER GUARANTEES FOR PRODUCTS
16.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
16.2 Goods supplied by Oakwood Doors & Spray Finishes Ltd are guaranteed from defects in manufacture for twelve months from the date of receipt, any claims against extended warrantees offered by our suppliers must be taken up with them directly, Oakwood Doors & Spray Finishes Ltd will supply contact details, but will not be liable or become involved with any such claims.
16.3 There is no guarantee with items that are sold as clearance items. These items are sold as seen.
17. OUR WARRANTY FOR THE PRODUCTS
17.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 17.2.
17.2 The warranty in clause 17.1 does not apply to any defect in the Products arising from: (a) fair wear and tear; (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; 6 ￼
17.3 (c) if you fail to install, operate or use the Products in accordance with the user instructions including any treatment guidelines; (d) any alteration or repair by you or by a third party who is not one of our authorised repairers or fitters which is not in accordance with details that we have agreed with you; or (e) any specification provided by you. Without prejudice to the generality of clause 17.2 please note that: (a) we always recommend that doors are installed by a qualified fitter; (b) Doors must be handled with care & stored flat and level in a dry and clear warehouse or storage facilities. Before door(s) are delivered for installation to site, ensure that all plaster, texture or cement must be completely dry as excessive moisture penetration to the door may result in breakdown of the joints. (c) It is most important that the door is fully sealed on all six surfaces, including cut outs and top and bottom use a good water repellent wood protective treatment. In accordance with British code of practice 151, water based products MUST NOT be used. Do not use Oils, Wax, and varnish. Please see manufacturers recommended treatment guidelines supplied with each product. (d) We suggest additional treatment may be needed at least once a year if there is any indication of deterioration in the wood protective finish. (e) Minor swelling and shrinking of wood parts is not a defect within the meaning of the limited warranty, but it is a normal characteristic of wood that may occur with variation in climatic and atmospheric conditions such as humidity and temperature. (f) Finishing of external doors and frames should be carried out in dry weather using good exterior quality materials in accordance with the manufacturer’s instructions. On External Doors, the finish should be exterior quality paint or a high performance microporous woodstain suitable for use on veneer.. (‘Low build’ types of stain should not be used on external doors.) Please ensure that the sealant contains UV protection. Please refer to the manufacturers guarantee and recommended treatment guidelines supplied with each product. (g) In respect of Fire Doors, you should always check the label for alteration guidelines. All our doors have individual limitations and in most cases Fire doors cannot be altered. Read the manufacturers label where provided or contact firstname.lastname@example.org and we will confirm with the manufacturers. These guidelines cannot be exceeded. If you reduce more than the recommendation, you will invalidate any fire rating guarantee
18 OUR LIABILITY IF YOU ARE A BUSINESS
This clause 18 only applies if you are a business customer.
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
18.2 Nothing in these Terms limits or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss. 18.4 Subject to clause 18.2 and clause 18.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 110% of the price of the Products and/or Services. 18.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any Products are suitable for your purposes.
19. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 19 only applies if you are a consumer.
19.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
19.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 or sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
20. EVENTS OUTSIDE OUR CONTROL
20.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21. COMMUNICATIONS BETWEEN US
21.1 When we refer in these Terms to "in writing" this will include e-mail.
21.2 If you are a consumer: (a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to 581-585 Wakefield Road, Tandem, Huddersfield HD5 9XP. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. (b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Oakwood Doors and Spray Finishes Limited at 581-585 Wakefield Road, Tandem, Huddersfield HD5 9XP or firstname.lastname@example.org . You can always contact us using our Customer Services telephone line T: 01484 643394.
21.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
21.4 If you are a business, please note that any notice given by you to us, or by us to you, 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 17 to the recipient of the gift without needing to ask our consent.
22.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 17, but we and you will not need their consent to cancel or make any changes to these Terms.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products or Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
22.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
22.8 We will not file a copy of the Contract between us.
23. FRAUD AND ADDRESS CHECKS
23.1 All our orders are fraud screened for security purposes as with most online retailers and these checks include delivery and billing addresses. When an order is flagged by our fraud screening system, on occasion we may need to request further confirmation of the customers identity. This is for your protection against fraud and is not in place to cause offence or unessecary inconvenience to your order process. We thank you in advance for your co-operation against the fight against fraud.