Terms & Conditions
This page sets out the terms and conditions (Terms) on which we sell any of our goods and/or services (Products) to you.
These Terms will apply to any contract between us for the sale of our Products to you (Contract).
Please read these Terms carefully and make sure that you understand them before ordering any Products. Please note that by ordering any of our Products you agree to be bound by these Terms.
You should keep a copy of these Terms for future reference.
We amend and update these Terms from time to time. Please check these Terms every time you wish to order Products to ensure you understand the terms that will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1 Information about us
We are Prêt à Vivre Limited, a company registered in England and Wales under company number 03037086 and with our registered office at Shelton Lodge, Shelton, Newark, NG23 5JJ England which is also our main trading address. Our VAT number is GB 646 0264 48.
We operate the website at www.pretavivre.com and have showrooms at 20 All Saints Road, London W11 1HG, 160 Wandsworth Bridge Road, London SW6 2UH and 69 Cross Street, London N1 2BB. Head Office: The Curtain Room, Shelton Lodge, Shelton, Newark, Nottingham NG23 5JJ To contact us, please email email@example.com,write to us or telephone 01949 851178.
2 OUR PRODUCTS
2.1 The images of the Products in our brochures and on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colour on the site is a precise reflection of any colour or that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. We strongly recommend that you request a sample prior to ordering to check colour and texture.
2.2 Samples are intended as a representation of the fabric but not as an exact match as there may be variations of colour between batches of fabric. If you are sensitive to shade, particularly with silks, we recommend you request a stock cutting that is a sample from the current batch of stock. If you ask us to do so we will reserve for you the quantity you require for your order for 7 days from the date we dispatch the stock cutting to you.
2.3 Samples may be labelled on either side of any fabric. If you are unsure about which is the correct side and it is important to you please call us for clarification.
2.4 Although we make every effort to be as accurate as possible the nature of the fabrics that are available means that the measurement of length may have up to a 1% variation. If the exact size of your curtains is important to you and this tolerance would be unacceptable then you can ensure that the measurements are more exact by interlining them at an extra cost.
2.5 All Products shown on our site 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.
2.6 From time to time we may have to change the specification of goods ordered without notice to you, but we will only do so if the change in specification is required so that you can receive the most up to date specification or because we have to comply with any applicable legal requirements. We will ensure that any changes do not materially affect the performance quality or appearance of the goods.
2.7 Unless you use our measuring service, goods are manufactured in accordance with the measurements provided by you. If you want help in measuring your windows please call us and we will happily advise you over the telephone.
2.8 All items will be quoted for individually including, where requested, installation of any goods ordered.
2.9 If you use our measuring service but have decided against or are unsure whether you will use our fitting service, please inform the person taking the measures so that he can pass on any information required to fit the products correctly.
2.10 We reserve the right to make any additional charge if we have to return to your property on a second occasion to complete a fitting started by you, or to make alterations to any goods which may not have been fitted in accordance with our measures.
2.11 Some windows require us to use long ladders or towers to fit blinds or curtains to them. Usually we have ladders that are long enough and when we do have them their use is included in the Price. Occasionally we will need to hire additional equipment and when we do we will try to warn you in advance and to include all related extra costs in the Price. From time to time it is not possible, despite our best endeavours, to predict whether our equipment will either be adequate or, more often, when access through doors and corridors is restricted whether we will be able to get that equipment into the room where the blind or curtain is to be fitted. When that becomes apparent after we have quoted the Price we reserve the right to raise an additional charge for the hire of equipment and any additional labour costs we incur. We will also be entitled to a reasonable extra period of time to complete the job.
2.12 A fitting service is available in some areas. A quote for fitting is available upon request. Fitting charges are quoted on the basis that we will make one visit to your property and that we are able to obtain good fixings for the tracks, poles and batons and we are able to obtain unobstructed access to your window on our first visit for fitting.
2.13 If at the time of fitting the goods it is discovered that due to the condition of your walls or substandard building work good fixings cannot be obtained, or we do not have free unobstructed access to your window, we will not fit the goods ordered until building work necessary to allow us to obtain good fixings has been completed correctly or you have cleared the access to your window. We will not be responsible for carrying out any building work or for moving any items to clear access to your window. We reserve the right to make an additional charge if we have to return to your property on a second occasion to complete the fitting of your goods after such building work has been completed or access cleared.
2.14 If we have to make a second or subsequent visit to your property to complete the fitting we will add to the Price an additional reasonable sum to compensate us for having to make those visits.
3 HOW WE USE YOUR PERSONAL INFORMATION
4 IF YOU ARE A CONSUMER
This clause 4 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5 IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business
5.1 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.
5.2 These Terms 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 that is not set out in these Terms.
6 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 You can order Products from us either on the website, by telephone,email or in person. To ensure that we have understood exactly what you wish to buy we do not accept orders in any way other than by our Order Confirmation form used in the way described in paragraph 6.3 below. The only exception is for the limited range of goods that you can buy on our website for which we will accept orders in the way described in 5.4 and 5.5 below.
6.2 Our sales process allows you to check your order and amend any errors before submitting your order to us. Please take time to read and check the documents at each stage of the order process.
6.3 Our Order Confirmation form is the final step in the ordering process. We will send you an Order Confirmation form when we are confident that we have understood what you want to buy. That is our formal offer to you. To accept that offer you can either
• reply to the email sending you our Order Confirmation with an email showing ‘Approved’ in the subject box, or
• return the Order Confirmation to us signed and without any amendments on it, or
• confirm in writing that the Order Confirmation describes exactly what you wish to buy.
6.4 If you order goodson the website then 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 6.5.
6.5 We will confirm our acceptance to you by contacting you by e-mail or telephone to confirm that the goods are available for dispatch (OrderConfirmation). The Contract between us will only be formed when we send you the Order Confirmation.
6.6 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 of an error in the price on our site as referred to in clause 11.5, we will inform you of this by telephone, or e-mail if we cannot talk to you directand we will not process your order. If you have already paid for the Products, we will refund the full amount as soon as possible.
7 DELIVERY AND COLLECTION OF GOODS IN THE UK AND THE CHANNEL ISLANDS
Off the Shelf Products Ordered on the Website or by telephone
7.1 Your order will be fulfilled by the estimated delivery date given at the time of ordering. 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.
7.2 Delivery will be completed when we deliver the Products to the address you gave us or you collect them from our store.
7.3 If no one is available at your address to take delivery we, our carrier or agent will leave you a note with a number to call or a website to consult.
7.4 The Products will be your responsibility from the completion of delivery.
7.5 You own the Products once we have received payment in full, including all applicable delivery charges.
Goods made to your Specification
7.6 Your Order will take approximately four to six weeks to be ready from the date we receive your approved Order Confirmation and deposit paid, unless a specific date has been agreed and is confirmed in the Order Confirmation. Please allow up to a further 10 days for a fitting. If your chosen fabric or material is out of stock or found to be faulty, delays may occur.
7.7 Once your Order is ready we will call you to arrange a date for the fitting (if ordered), or to arrange a convenient date and address for us to deliver.
7.8 The delivery needs to be signed for. If you are happy for your order to be delivered without being signed for, we will need your written authorisation and Prêt à Vivre will not accept any liability for non-delivery or damaged and/or missing goods.
7.9 If we arrange a collection of goods from you, for whatever reason, you are required to package the goods adequately for transport by courier. We will not be responsible for any damage as a result of poor packaging.
8 INTERNATIONAL DELIVERY
8.1 We deliver to some countries outside the UK. There are restrictions on some Products being imported into some countries so please check these carefully.
8.2 If you order Products from our site for delivery to a country outside the EU, 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.
8.3 You will be responsible for whatever costs are incurred in importing goods into the destination country (other than transport costs) including but not limited to payment of any handling charges, import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 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. It is your responsibility to check that our Products comply with local laws and you will indemnify us from any loss that we may suffer as a result of them not complying with those laws.
9 OWNERSHIP OF DESIGNS
If we design the product for you, we will own the copyright, design right and all other intellectual property rights in the product and any drafts, drawings or illustrations we make in connection with the product for you.
10 IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 In the unlikely event that there is any defect with the goods or services we provide please contact us and tell us as soon as reasonably possible.
10.2 You will give us a reasonable opportunity to repair or fix any defect and we will use every effort to repair or fix the defect as soon as reasonably practicable.
10.3 You will not have to pay for us to repair or fix a defect with the product.
10.4 You have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described or the goods are defective or not want you ordered. Consumers can obtain advice about their legal rights from citizens’ advice bureaux or trading standards offices. Nothing in these terms will affect these legal rights.
11 PRICE OF PRODUCTS, DELIVERY AND OTHER CHARGES
11.1 The prices of the Products will be as quoted on our site from time to time or (where there is one) on your Order Confirmation. We take all reasonable care to ensure that the prices of Products on our site and in our Price Lists 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) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect your order when you have signed and returned your Order Confirmation to us.
11.3 The price of a Product 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 in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted at the time of placing the order.
11.5 Our site contains a large 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:
11.5.1 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
11.5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you 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.
11.6 If you cancel a fitting the following additional charges may apply:-
■ 5 business days or more before fitting date: no charge
■ 3 to 4 business days before fitting date: 30% of fitting charge
■ 2 business days before fitting date: 50% of fitting charge
■ 1 business day before fitting date: 80% of fitting charge
■ On the day of fitting: 100% of fitting charge. These charges may be waived in full or partially if we are able to reassign the fitter(s) to alternative work.
11.7 Prices shown on the price list for curtains are for a single lined curtain. The price of a single lined curtain includes the fabric and cotton rich sateen lining with either a pencil, gathered or channel heading. All curtains are supplied with curtain hooks.
11.8 Roman and London blinds are lined and supplied with wooden batons and all fixtures and fittings required to fit them, plus fitting instructions.
11.9 Roller, Venetian and Velux blinds are supplied with all fixtures and fittings plus fitting instructions.
11.10 Blackout lining, interlining, tie headings, chef’s cap, pelmet headed, king pleat, eyelets, wave heading, inverted pleat, pinch pleat and goblet headings and borders are optional extras as detailed in the price list.
12 HOW TO PAY
12.1 You can only pay for Products using a debit card or credit card. We accept all major debit and credit cards except American Express and Diner’s Cards.
12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
13 OUR WARRANTY FOR THE PRODUCTS
13.1 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 goods we supply shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.
13.2 The warranty in clause 13.1 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;
13.2.1 if you fail to operate or use the Products in accordance with the user instructions;
13.2.2 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
13.2.3 any specification provided by you.
14 OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer
14.1 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.
14.2 Subject to clause 14.1, 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 theContract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill;
(e) loss incurred as a consequence of any delay; or
(f) any indirect or consequential loss.
14.3 Subject to clause 14.1 and clause 14.2, 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 the price of the Products.
14.4 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.
15 OUR LIABILITY IF YOU ARE A CONSUMER
This clause only applies if you are a consumer
15.1 If we are installing the goods and/or providing services in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property.
15.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and 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
16 YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 16 only applies if you are a consumer.
16.1 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 16.3. 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.
16.2 This cancellation right does not apply in the case of any made-to-measure products, custom-made products, or any products that are made to your specification or clearly personalised. We regard fabric cut to your requirements as being made to your specification or personalised for you and so it cannot be returned.
16.3 Your legal right to cancel a Contract starts from the date we receive your 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 Dispatch 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 Dispatch 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 Dispatch 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.|
16.4 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 complete the cancellation form a copy of which is at the end of these terms and conditions. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01949 851178 or by post to Shelton Lodge, Shelton, Newark, NG23 5JJ. 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.]
16.5 If you cancel your Contract we will:
16.5.1 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.
16.5.2 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).
16.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
18.104.22.168 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 16.8;
22.214.171.124 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.
16.6 If you have returned the Products to us under this clause 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.
16.7 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.
16.8 If a Product has been delivered to you before you decide to cancel your Contract:
16.8.1 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 either send it back or return it to us in-store. If we have offered to collect the Product from you we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection];
16.8.2 unless the Product is faulty or not as described (in this case, see clause 16.9)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.
16.9 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 16 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
17 OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
17.1 We may have to cancel an order before the start date for the Services or before the goods are delivered, due to an Event Outside Our Control as defined in clause 19 below or the unavailability of stock or key materials or (in the case of services) key personnel without which we cannot provide the services. We will contact you promptly if this happens.
17.2 If we have to cancel an Order under and you have made any payment in advance for Services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts to you.
17.3 Where we have already started work on your order by the time we have to cancel, we will not charge you anything and you will not have to make any payment to us.
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 19.2.
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.
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:
(a) to cancel a Contract in accordance with your legal right to do so as set out in clause 16.1 please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to us at Shelton Lodge, Shelton, Newark, NG23 5JJ, England. 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 may do so by sending an e-mail to firstname.lastname@example.org or by sending a letter to us at Shelton Lodge, Shelton, Newark, NG23 5JJ, England.
(c) You can always telephone us on 01949 851178.
19.3 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.
19.4 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 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 email, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause do 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.
20.2 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 13 to the recipient of the gift without needing to ask our consent.
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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.
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 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, 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 that the courts of England and Wales will have exclusive jurisdiction.
20.8 We will not file a copy of the Contract between us.