Legal

Terms and conditions of supply

This page (together with our privacy policy, website terms of use, and acceptable use policy), tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

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, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1 We operate the website www.crisisguardian.com. We are E.A.R. Productions Limited, a company registered in England and Wales under company number 04109863 and with our registered office and main trading address at The Old Saddlery, 15 Main Street, Market Overton, Oakham, Leicestershire LE15 7PL. Our VAT number is GB 726 590125.

1.2 “Crisis Guardian” is a trading name of E.A.R. Productions Limited.

1.3 Contacting us 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 just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail your cancellation request to support@earproductions.co.uk. If you use this method we will e-mail you to confirm we have received your cancellation. You can contact our Customer Services team by telephone on 0044 1527767745 or by post to The Old Saddlery, 15 Main Street, Market Overton, Oakham, Leicestershire LE15 7PL. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0044 1572767745 or by e-mailing us at support@crisisguardian.com.

(c) 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.

1.4 Contacting us if you are a business. You may contact us by telephoning our customer service team at 0044 1572767745 or by e-mailing us at support@crisisguardian.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.

2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate.

2.3 The packaging of the Products may vary from that shown on images on our site.

3. Use of our site

Your use of our site is governed by our website terms of use and 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

We only use your personal information in accordance our privacy policy. Please take the time to read our privacy policy, as it contains important terms which apply to you.

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 from our site 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 use our site to purchase Products.

6.2 These Terms and our privacy policy, website terms of use and acceptable use policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.

6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

7. How the contract is formed between you and us

7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.

7.2 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 7.3.

7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or that they are available for you to download (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

8. Our right to vary these Terms

8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

(a) changes in how we accept payment from you;

(b) changes in relevant laws and regulatory requirements.

8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

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, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

9.2 However, this cancellation right does not apply in the case of:

(a) Any Product that we supply to you as a download, once you have begun to download it. You agree that if you download a Product during the cancellation period, you will lose your right of cancellation as soon as you begin the download.

(b) Any Product that is made by us to your specification or which we personalise for you (for example, posters with your business logo, etc).

9.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.Example: if we provide you with a Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following:

  • one Product which is delivered in instalments on separate days.

  • multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.Example: if we provide you with a Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

Your Contract is for the regular delivery of a Product over a set period.

The end date is 14 days after the day on which you receive the first delivery of the Products.Example: if we provide you with a Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at support@crisisguardian.com. If you use this method we will e-mail you to confirm we have received your cancellation.

You can also contact our Customer Services team by telephone on 0048 1572767745 or by post to The Old Saddlery, 15 Main Street, Market Overton, Oakham, Leicestershire LE15 7PL. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

9.5 If you cancel your Contract we will:

(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

9.8 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us by post to The Old Saddlery, 15 Main Street, Market Overton, Oakham, Leicestershire LE15 7PL;

(b) unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge £14.95 for collection per tube of ten posters;

9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

10. Products supplied as downloads

10.1 Some of our Products are supplied as electronic downloads (Download Product(s)).

10.2 Once we send you an Order Confirmation in respect of a Download Product you have ordered, you will be able to download the Download Product from our website via the download link that we provide you with.

10.3 You will be able to download the content up to three times for a period of up to seven days from the date of the Order Confirmation. The download link and your right to download content will expire after it has been downloaded three times or after seven days have passed, whichever is first.

11. Intellectual property rights

11.1 In this clause, “Intellectual Property Rights” means all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

11.2 Regardless of whether the Products are:

(a) physical goods (for example, posters, carry cards, books, guides, manuals, etc);

(b) or electronic downloads (such as e-books, e-guides, e-manuals, PowerPoint presentations, video films, audio works, etc),

the Intellectual Property Rights in their content (Content) is owned by us or our licensors.

11.3 The Content does not include anything that you give us to include in the Products (for example, your company logo, strap line, trade mark(s), etc), which is owned by you (Your Content). You grant us a licence to use Your Content in any such way as is necessary for the purpose of incorporating it into the Products that we supply to you and to disclose Your Content to third parties (including, without limitation, our suppliers) for the same purpose.

11.4 You warrant to us that:

  • the Intellectual Property Rights in Your Content are owned by you or are licensed to you, and that you have the right to make it available to us for all the purposes specified above, and have obtained all necessary licences and/or approvals to enable you to do so; and

  • Your Content complies in all respects with the provisions of our acceptable use policy.

11.5 You agree that you will fully indemnify E.A.R. Productions Limited and keep us indemnified at all times against all legal fees, claims, damages and other expenses that may be brought against or incurred by us in relation to your breach or suspected breach of the above warranties.

11.6 We licence the Content to you on the basis of the licence set out in this clause 11 (Licence). You acknowledge that all intellectual property rights in the Content anywhere in the world belong to us, that rights in the Content are licensed (not sold) to you, and that you have no rights in, or to, the Content other than the right to use them in accordance with the terms of this Licence.

11.7 In consideration of payment by you of the agreed price for the Product(s) containing the Content and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Content on the terms of this Licence.

11.8 You may display posters for your internal business purposes only at your place of work, but not at any other location or for any other purpose. You are not permitted to copy or otherwise reproduce the posters in any format or medium.

11.9 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

(a) not to copy the Content, except where such copying is necessary for the purpose of back-up;

(b) not to resell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Content;

(c) not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Content nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Content with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the Content with another software program; and

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any content which is substantially similar to the Content;

(d) to keep all copies of the Content secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Content;

(e) to supervise and control use of the Content and ensure that the Content is used by your employees and representatives (if any) in accordance with the terms of this Licence;

(f) to include our copyright notice on all entire and partial copies you make of the Content on any medium;

(g) not to provide or otherwise make available the Content in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees (if any) without prior written consent from us;

(h) not to use the Content via any externally accessible communications network or by means of remote access;

(i) not to use the Content in any items (regardless of medium) for resale, licence or other distribution for profit;

(j) not to use any of the Content as part of a trade mark, design, trade name, business name, service mark, or logo;

(k) not to incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;

(l) not to use the Content in a fashion that is considered either by the Licensor (acting reasonably) or under applicable law, as pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring us or any person or property reflected in the Content into disrepute;

(m) not to install and use the Content in more than one location at a time, or post a copy of the Content on a network server or web server for use by other users;

(n) not to use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

11.10 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

11.11 Upon termination for any reason:

(a) all rights granted to you under this Licence shall cease;

(b) you must immediately cease all activities authorised by this Licence;

(c) you must immediately delete or remove the Content from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Content then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

12. Delivery

12.1 Except for Products that we make available to you for download, we will contact you with an estimated delivery date, which will be within 30 days after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.

12.2 If no one is available at your address to take delivery, you will receive a note by the postal service/courier notifying you that they are keeping your item at their premises. You will need to contact them directly to arrange for a re-delivery.

12.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you download them (as the case may be) and the Products will be your responsibility from that time.

12.4 The Products comprise the Content (as defined in clause 11.2 and (except for Download Products) the physical media on which that Content is supplied. You will own any such physical media (but not the Content, which is licensed to you under clause 11) once we have received payment in full, including all applicable delivery charges.

The following clauses 12.5, 12.6 and 12.7 only apply if you are a consumer.

12.5 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

(a) we have refused to deliver the Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

12.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 12.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

12.7 If you do choose to cancel your Order for late delivery under clause 12.6 or clause 12.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

13. International delivery

13.1 We deliver to the countries listed on this page (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

13.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

13.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

13.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

14. Price of products and delivery charges

14.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 14.5 for what happens if we discover an error in the price of Product(s) you ordered.

14.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

14.3 The price of a Product excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

14.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.

14.5 Our site contains a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, 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 to you at the incorrect (lower) price; and

(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product 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.

15. How to pay

15.1 You can only pay for Products using a debit card or credit card via PayPal. We accept the following cards: VISA, American Express, MasterCard, DISCOVER.

15.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card when you place your order.

16. Our liability if you are a business

This clause 16 only applies if you are a business customer.

16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

16.2 Nothing in these Terms limits or excludes 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.

16.3 Subject to clause 16.2, 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.

16.4 Subject to clause 16.2, our total liability to you in respect of all 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 100% of the price of the Products.

16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

17. Our liability if you are a consumer

This clause 17 only applies if you are a consumer.

17.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3 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 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

18. Events outside our control

18.1 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 18.2.

18.2 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.

18.3 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.

18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

19. Communications between us

19.1 When we refer, in these Terms, to "in writing", this will include e-mail.

19.2 If you are a consumer you may contact us as described in clause 1.3.

19.3 If you are a business:

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

(c) 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.

(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20. Other important terms

20.1 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.

20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.3 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.

20.4 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.

20.5 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.

20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site 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.

20.7 If you are a business, 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) shall be governed by and construed in accordance with the law of England and Wales.

20.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).