Business to Consumer terms & conditions
Nothing in these terms and conditions affects your rights as a consumer under the laws of England and Wales
The following terms and conditions set out how we will provide the Goods to You, along with the rights and obligations of the parties to the Contract. Please read these terms and conditions carefully before ordering any Goods from Our Website. You should understand that by ordering any of Our Goods You agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Interpretation
1.1 In these terms and conditions the following capitalised words shall have the following meanings:
Cancellation Period
Seven (7) working days commencing on the first full working day after the day on which You receive Our delivery of Your order.
Contract
Any contract between You and Us for the provision of Products, incorporating these terms and conditions.
Goods
Any of the goods that We list for supply on Our Website which form the basis of the Contract.
Our Website
www.workwearwardrobe.com and www.workwearwardrobe.co.uk
We, Us, Our
Reliance Textiles Limited t/a Workwear Wardrobe registered inEnglandandWaleswith company number 7573853 and trading address of1797 Coventry Road, Yardley,Birmingham,B26 1DS.
You, Your
The individual consumer who purchases the goods and whose use of the Goods is for personal purposes only and not for use in connection with any trade, business or profession.
1.2 No other terms and conditions will apply to this Contract.
1.3 Any quotation or estimate is given subject to these terms and conditions.
1.4 These terms and conditions apply to all Goods We provide to individual consumers. Nothing in these terms and conditions excludes or limits Our liability for fraudulent misrepresentation.
2. Availability of Goods
2.1 Our Website is only intended for use by people resident in theUK. We do not accept orders from people resident outside theUK. You agree that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 You are at least 18 years old;
2.1.3 You are resident in theUK; and
2.1.4 You are accessing Our Website in theUK.
3. How the Contract is formed between You and Us
3.1 The Goods listed on Our Website should not be regarded as a contractual offer made by Us to You. You must place an order to purchase Goods with Us on Our Website and You must ensure that the terms of Your order are complete and accurate. Your order has not been accepted by Us until We send You a written acceptance of Your order confirming the availability of the Goods You have ordered.
3.2 When ordering on Our Website You are offering to purchase Goods in accordance with these terms and conditions. We will acknowledge receipt of Your order by e-mail or in a printable page of Our Website without delay but this does not mean We have accepted Your order. The Contract between Us and You will only come into existence when You receive Our written acceptance of Your order confirming the availability of the Goods You have ordered.
3.3 We may amend or modify any information on Our Website including these terms and conditions at any time. If You continue to use Our Website after such amendment or modification You may only do so on the terms that You acknowledge that it is Your responsibility to ascertain whether any such amendments or modifications have been made regardless of whether You have actually reviewed and expressly agreed to such amendment or modification. Continued use of this Website by You will constitute Your acceptance of any amendment or modification.
3.4 Any quotation or estimate made by Us is only valid for thirty (30) days and is subject to these terms and conditions.
4. Description
4.1 All advertising that We issue including but not limited to advertising on Our Website or hard copy publications are issued or published for the sole purpose of giving You an approximate idea of the Goods. They do not form part of the Contract.
4.2 Accordingly, You should check any information or details You wish to rely upon with Us at the time of purchase. We accept no liability in respect of any errors or omissions in Our advertising or for any loss or damage You may incur from relying upon Our advertising.
5. Price and Payment Terms
5.1 The price of any Goods will be as quoted on Our Website from time to time, except in cases of obvious error.
5.2 These prices are subject to VAT where applicable and exclude delivery costs, which are as set out on Our Website from time to time.
5.3 Prices are liable to change at any time, but changes will not affect orders where We have sent You a written acceptance of Your order.
5.4 Our Website contains a large number of Goods and it is always possible that, despite Our best efforts, some of the Goods listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where the correct price of the Goods is less than Our stated price, We will charge the lower amount when dispatching the Goods to You. If the correct price of the Goods is higher than the price stated on Our Website, We will normally, at Our discretion, either contact You for instructions before dispatching the Goods, or reject Your order and notify You of such rejection.
5.5 We are under no obligation to provide the goods to You at the incorrect (lower) price, even after We have sent You a written acceptance of Your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.
5.6 Payment for all Goods must be made in full by credit or debit card or via phone. We accept payment with Corporate Visa, Private Visa, Visa Delta, Visa Electron, Solo or Maestro. We will not charge Your credit or debit card until We despatch Your order.
5.7 No payment shall be deemed to have been received until We have received cleared funds.
5.8 In the event of a payment by credit or debit card which is subsequently rejected, We shall be entitled to charge You interest on the amount unpaid at the rate of 3% above the base rate of HSBC Bank plc until payment is made in full and You will indemnify Us in respect of all costs We incur in recovering payment including the cost of instructing solicitors.
6. Availability and Delivery
6.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact us.
6.2 Unless otherwise agreed delivery of the Goods shall take place at Your address.
6.3 Your order will be fulfilled by the delivery date set out in Our written acceptance of Your Order or, if no delivery date is specified, then within 30 days of the date of Our written acceptance of Your order, unless there are exceptional circumstances.
6.4 Claims for shortages or damaged Goods must be made to Us within 3 days of receipt of the Goods.
6.5 Claims for non-delivery must be made to Us within 10 days of the delivery date set out in Our written acceptance of Your order or, if no delivery date is specified, then within 10 days following the 30 day limit stated in condition 6.3 above.
7. Risk and title
7.1 The Goods will be at Your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to You when We receive full payment in cleared funds of all sums due in respect of all orders You have placed for Goods, including delivery charges.
7.3 Without prejudice to any other right or remedy available to Us, if You are in breach of the payment terms We shall be entitled to:
7.3.1 cancel the Contract;
7.3.2 suspend any further deliveries; or
7.3.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action but, for the avoidance of doubt We shall inform You in writing before taking any or all of the three courses of action detailed in this condition 7.3.
8. Distance Selling Regulations
8.1 We are obliged by law to provide You, prior to the date of acceptance of Your order by Us, with certain information in relation to the Contract and Your rights under it.
8.2 This information appears throughout these terms and conditions, on Our Website and in the paperwork We send to You.
9. Right to Cancel
9.1 You have the right to cancel this Contract for any reason before the expiry of the Cancellation Period and to be refunded for any price You have paid within 30 days of You providing the notification set out in condition 9.2.
9.2 If You wish to cancel the Contract within the Cancellation Period, You must notify Us of this fact in writing and send a notification to Us by electronic mail or first class post.
9.3 If You wish to cancel the Contract after the Cancellation Period has expired You must do so by providing Us with at least 7 days' written notice and We may, at Our option, charge a cancellation fee to cover Our administrative costs. The amount of the cancellation fee will be as set out on Our Website from time to time.
10. Our Refunds Policy
10.1 When You return the Goods to Us:
10.1.1 because You have cancelled the Contract between Us within the Cancellation Period, We will process the refund due to You as soon as possible and, in any case, within 30 days of the day You have given a Cancellation Notice in accordance with condition 9.2. In this case, We will refund the price of the Goods in full, including the cost of delivery. However, You will be responsible for the cost of returning the item to Us; or
10.1.2 for any other reason (for instance, because You have notified Us in accordance with condition 21 that You do not agree to a change in these terms and conditions or in any of Our policies, or because You claim that the Goods are defective), We will examine the returned Goods and We will notify You of whether, in Our reasonable opinion, a refund is payable via e-mail within a reasonable period of time. We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail that You were entitled to a refund for the defective Goods. Goods returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to Us.
10.2 For the purpose of condition 10.1.2, You shall return any Goods You reasonably consider to be defective to Us within a reasonable period of time.
10.3 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
11. Our Liability
11.1 We warrant to You that any Goods purchased from Us through Our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the Goods You purchased and any losses which are a foreseeable consequence of Us breaking the agreement. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us.
11.3 This does not include or limit in any way Our liability:
11.3.1 for death or personal injury caused by Our negligence;
11.3.2 under section 2(3) of the Consumer Protection Act 1987;
11.3.3 for fraud or fraudulent misrepresentation; or
11.3.4 for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
11.4.1 loss of income or revenue;
11.4.2 loss of business;
11.4.3 loss of profits or contracts;
11.4.4 loss of anticipated savings;
11.4.5 loss of data; or
11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this condition 11.4 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of condition 11.1 or condition 11.2 or any other claims for direct financial loss that are not excluded by any of conditions 11.4.1 to 11.4.6 inclusive of this condition 11.4.
12. Safety and Product Recalls
12.1 You shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the Goods concerning their storage and use and We shall refer Our employees and customers to such instructions and guidelines.
12.2 You should be satisfied that the persons responsible for the storage and use of any Goods We supply have all the information required on health and safety and We shall not be liable to You in any civil proceedings brought by You against Us in respect of a breach of the user instructions or any applicable health and safety legislation or regulations, orders or directions made under such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
12.3 The information We supply to You with the Goods will necessarily be of a technical nature and if You are in any doubt about the interpretation of this information You should contact Your nearest Workwear Wardrobe centre. Details are available on Our Website. For the avoidance of doubt this does not absolve You of Your responsibilities under condition 12.2.
12.4 You shall keep Us properly informed of all complaints concerning the Goods and shall comply with Our directions in any issues, proceedings or negotiations relating to such complaint.
12.5 In the event of any recall of the Goods by Us, You shall co-operate fully and promptly with any steps We take under condition 12.6 below.
12.6 We may, at Our discretion, recall any Goods We have already sold to You (whether for a refund or credit or for replacement of the Goods which shall in each case be undertaken by Us), and/or issue any written or other notification about the matter of use of any Goods We have already sold to You.
13. Data Protection and Passwords
13.1 We will at all times comply with Our obligations under the Data Protection Act 1998.
13.2 It is your responsibility to keep any user details and passwords that enable You to access certain pages of Our Website confidential. We shall not be liable for any loss or damage arising from your failure to protect the confidentiality of such user details and passwords.
13.3 We maintain a privacy policy in respect of Our Website and business activities generally.
14. Written communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using Our Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your rights as a consumer under the laws of England and Wales.
15. Notices
All notices given by you to Us must be given to Stratford Workwear Ltd t/a Workwear Wardrobe at Unit 2a, 138 Sydenham Road, Birmingham, B11 1DQ or info@workwearwardrobe.com. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in condition 14 above. Notice 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.
16. Transfer of rights and obligations
16.1 The Contract between You and Us is binding on You and Us and on Our respective successors and assignors.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside Our control
17.1 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 events outside Our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
18. Waiver
18.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or under these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
18.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with condition 15.
19. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that You order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You a written acceptance of Your order (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Goods).
22. Law and jurisdiction
Contracts for the purchase of Goods through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.workwearwardrobe.co.uk and www.workwearwardrobe.com and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Reliance Textiles Limited (Workwear Wardrobe).
1. Introduction
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. Licence
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text; and
the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. Visitor Material and Conduct
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5. Links to and from other Websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6. Registration
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7. Disclaimer
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8. Liability
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Terms and Conditions
The Terms and Conditions of sale and the Terms and Conditions of use of this website are included in the tabs 'Business to Business' and 'Business to Consumer, you will also find Workwear Wardrobe’s Security and Privacy policies. By using our website you confirm that you agree to the terms of use outlined below.
Business to Business terms & conditions
1. Workwear Wardrobe’s Conditions Apply
1.1 Unless otherwise specifically agreed in writing by Stratfrord Workwear Ltd ("Workwear Wardrobe"), all quotations and contracts for the supply of goods by Workwear Wardrobe are made upon these Conditions of Sale ("the Conditions") which shall at all times override any terms and conditions which the purchaser of such goods ("the Purchaser") imposes or seeks to impose. "The Contract" means any contract made between the parties that incorporate the Conditions.
1.2 No terms or conditions endorsed on delivery documents or contained in the Purchaser's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.3 Delivery of any goods following a quotation for supply made by Workwear Wardrobe will be made only upon the Conditions. Orders are accepted subject to the Conditions.
1.4 Any variation must be approved by an authorised Workwear Wardrobe management and be in writing. Any quotation or estimate is given subject to the Conditions.
2. Payment Terms
2.1 Terms of payment are 30 days from the date of invoice and in default Workwear Wardrobe shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:
2.1.1 terminate any outstanding order or quotation;
2.1.2 withhold and/or suspend supplies; or
2.1.3 reduce the Purchaser's credit limit.
2.2 Workwear Wardrobe shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.
2.3 In addition, Workwear Wardrobe shall be entitled to charge the Purchaser interest on the amount unpaid at the rate of 6% above HSBC Bank Plc base rate until payment in full is made and the Purchaser will indemnify Workwear Wardrobe in respect of all costs incurred by Workwear Wardrobe in recovering payment, including the cost of instructing solicitors.
2.4 No payment shall be deemed to have been received until Workwear Wardrobe has received cleared funds. Time of payment is of the essence.
2.5 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser's bankers unpaid, the Purchaser will also indemnify Workwear Wardrobe in respect of all resulting bank charges incurred by Workwear Wardrobe.
2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Workwear Wardrobe to the Purchaser.
2.7 Workwear Wardrobe reserves the right to set off, deduct or discount any amounts due from Workwear Wardrobe under any other arrangement with the Purchaser against any monies due to Workwear Wardrobe under this Contract.
3. Prices
3.1 All prices displayed in both Workwear Wardrobe's printed and online publications may be subject to VAT where applicable.
3.2 Prices are correct at time of issue and are subject to change without prior notice.
3.3 The price charged to the Purchaser will be the prevailing price at the time of ordering.
4. Retention of Title
4.1 Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until Workwear Wardrobe has received in cleared funds the full price payable for such goods and all other goods supplied by Workwear Wardrobe to the Purchaser for which payment is then due.
4.2 Until legal title passes, the Purchaser shall hold the goods on a fiduciary basis as Workwear Wardrobe 's bailee and shall keep them properly protected, insured, clearly identified and stored separately from any other goods (whether or not supplied by Workwear Wardrobe). The Purchaser shall not destroy any identifying mark on packaging in the goods. Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to Workwear Wardrobe for the proceeds of sale and pending payment shall hold such proceeds on trust for Workwear Wardrobe absolutely. Workwear Wardrobe shall be entitled to recover payment for the goods notwithstanding that ownership of the goods has not passed to the Purchaser.
4.3 The Purchaser's right to resell or use the goods shall terminate automatically on the occurrence of any event set out in Condition 12 and/or if any sum owed to Workwear Wardrobe by the Purchaser is not paid when due.
4.4 Until such time as legal title in the goods passes to the Purchaser Workwear Wardrobe may at any time require the Purchaser, its liquidator, receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.
4.5 In addition and without prejudice to any other right or remedy available to Workwear Wardrobe, if the Purchaser is in breach of the payment terms or of any of its obligations under this condition, Workwear Wardrobe shall be entitled to:
4.5.1 cancel the Contract;
4.5.2 suspend further deliveries; or
4.5.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.
4.6 Workwear Wardrobe reserves the right at any time before title in the goods has passed to the Purchaser to require the Purchaser to deliver up the goods if any of the events specified in Condition 12 occurs.
5. Delivery
5.1 Terms and conditions for delivery are only applicable in theUK. For delivery outside the UK please contact Workwear Wardrobe for information.
5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser's place of business.
5.3 Where Workwear Wardrobe makes delivery of the goods to the Purchaser's place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at Workwear Wardrobe's option, be borne by the Purchaser.
5.4 If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by Workwear Wardrobe's negligence) and Workwear Wardrobe may:
5.4.1 store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or
5.4.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
5.5 Workwear Wardrobe reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract.
5.6 The quantity of any consignment of goods as recorded by Workwear Wardrobe upon despatch from Workwear Wardrobe's place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
5.7 Claims for shortages or damaged goods must be made in writing to Workwear Wardrobe within 3 days of receipt of the goods.
5.8 Claims for non delivery must be made to Workwear Wardrobe within 7 days of date of despatch shown on invoice.
6. Returns
6.1 Notwithstanding any other provision in the Contract, Workwear Wardrobe may at its option allow the Purchaser to return the goods upon the following conditions:
6.1.1 that the relevant goods are non-faulty;
6.1.2 that the relevant goods are goods that are ordinarily held in stock at one of Workwear Wardrobe's locations;
6.1.3 that the Purchaser notifies Workwear Wardrobe within 5 days of delivery of its intention to return the goods;
6.1.4 that the goods are returned to Workwear Wardrobe within 10 days of delivery;
6.1.5 Workwear Wardrobe and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to Workwear Wardrobe or collected by Workwear Wardrobe from the Purchaser;
6.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale;
6.1.7 the Purchaser agrees to pay Workwear Wardrobe a 10% handling fee against the return of non-faulty standard goods.
6.2 Notwithstanding any other provision in the Contract, Workwear Wardrobe may from time to time at its sole option accept the return of non standard, non faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard goods are goods which are not ordinarily held in stock at Workwear Wardrobe's store or warehouse.
7. Quality
7.1 If Workwear Wardrobe establishes to its reasonable satisfaction that there is a defect in the goods or there is some other failure by Workwear Wardrobe in relation to the conformity of the goods with the Contract, then Workwear Wardrobe shall, at its option, at its sole discretion and within a reasonable time:
7.1.1 replace such goods with goods which are in all respects in accordance with the Contract; or
7.2 This Condition shall not apply unless the Purchaser:
7.2.1 notifies Workwear Wardrobe of the alleged defect within 3 days of the time when the Purchaser discovers or ought to have discovered the defect;
7.2.2 allows Workwear Wardrobe to collect the relevant goods;
7.2.3 complies with any reasonable request or instruction from Workwear Wardrobe; and
7.2.4 affords Workwear Wardrobe a reasonable opportunity to inspect the relevant goods.
7.3 If Workwear Wardrobe elects to replace the goods pursuant to this Condition, Workwear Wardrobe shall deliver the replacement goods to the Purchaser at Workwear Wardrobe's own expense at the address to which the defective goods were delivered and the legal title to the defective goods which are being replaced shall (if it has vested in the Purchaser) re vest in Workwear Wardrobe.
7.4 Workwear Wardrobe warrants that upon delivery the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979. Workwear Wardrobe shall have no liability under the warranty in this Condition:
7.4.1 in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Workwear Wardrobe 's or the manufacturer’s instructions whichever is appropriate (whether oral or in writing);
7.4.2 if the total price for the goods has not been paid by the due date for payment;
7.4.3 in respect of any type of defect or damage specifically excluded by Workwear Wardrobe by notice in writing; or
7.4.4 if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.
7.5 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8. Liability
8.1 Subject to Condition 7 above this Condition sets out the entire liability of Workwear Wardrobe (including any liability for the acts or omissions of its employees, agents and sub contractors) to the Purchaser in respect of:
8.1.1 any breach of the Conditions or the Contract;
8.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 Nothing in the Conditions excludes or limits the liability of Stratford Workwear Ltd (Workwear Wardrobe) for death or personal injury caused by Workwear Wardrobe's negligence, or for fraudulent misrepresentation or for any matter which it would be illegal for Workwear Wardrobe to exclude or attempt to exclude its liability.
8.3 Subject to Condition 8.2, Workwear Wardrobe shall not be liable to the Purchaser whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from deliberate breach of the Contract by Workwear Wardrobe, its employees, agents or sub contractors).
8.4 Workwear Wardrobe's total liability to the Purchaser 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 including losses caused by a deliberate breach of the Contract by Workwear Wardrobe, its employees, agents or sub contractors shall not exceed the value of the Contract.
9. Services
9.1 Any services which are subject to a separate fee and are to be performed by Workwear Wardrobe under the Contract are performed in accordance with Workwear Wardrobe's terms and conditions of service. A copy of the terms and conditions of services are available upon request.
10. Safety and Product Recalls
10.1 The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.
10.2 The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by Workwear Wardrobe have all the information required on health and safety and Workwear Wardrobe shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against Workwear Wardrobe in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
10.3 The Purchaser shall keep Workwear Wardrobe properly informed of all complaints concerning the goods and shall comply with any directions of Workwear Wardrobe in any issues, proceedings or negotiations relating to such complaint.
10.4In the event of any recall of the goods by Workwear Wardrobe the Purchaser shall co-operate fully and promptly with any steps taken by Workwear Wardrobe under the Condition below.
10.5 Workwear Wardrobe may at its discretion recall any goods already sold by Workwear Wardrobe to the Purchaser, (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by Workwear Wardrobe) and/or issue any written or other notification to the Purchaser about the manner of use of any goods already sold by Workwear Wardrobe to the Purchaser. The Purchaser agrees to give all reasonable assistance to Workwear Wardrobe or the manufacturer in resisting any claim which may arise under any recall of product by Workwear Wardrobe or the manufacturer of such product.
11. Force Majeure
11.1 Workwear Wardrobe reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Workwear Wardrobe including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, armed conflict, malicious damage, fire, explosion, flood, epidemic, nuclear, chemical or biological contamination, sonic boom, collapse of building structures, loss at sea, natural disaster, extreme adverse weather conditions, failure of energy, break down of plant or machinery lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Purchaser shall be entitled to give notice in writing to Workwear Wardrobe to terminate the Contract.
12. Termination
12.1 Workwear Wardrobe may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Workwear Wardrobe if:
12.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;
12.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Workwear Wardrobe to remedy or desist from such breach within a period of 14 days;
12.1.3 any distress execution or diligence is levied upon any of the Purchaser's goods or property and is not paid out within 7 days of it being levied;
12.1.4 the Purchaser (being a partnership) or the Purchaser's partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser's partner generally or there is presented in relation to the Purchaser or the Purchaser's partner a petition of bankruptcy;
12.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser's business, undertaking, property or assets;
12.1.6 the Purchaser ceases, or threatens to cease, to carry on business;
12.1.7 a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.
12.2 Notwithstanding any such termination or suspension in accordance with the above the Purchaser shall pay Workwear Wardrobe at the Contract rate all payments subsisting at the time of termination.
13. Product Information
13.1 Whilst Workwear Wardrobe has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue but Workwear Wardrobe gives no guarantees as to the accuracy or completeness of such information. Full technical specifications are not necessarily included and furthermore, Workwear Wardrobe's policy is one of continuous improvement and the right is reserved to alter details and information at any time as the need arises.
13.2 Accordingly, the Purchaser should check any details and information they wish to rely on with Workwear Wardrobe at the time of purchase. Workwear Wardrobe accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.
14. Workwear Wardrobe Disclaimer
14.1 Any products shown in both our printed or online publications do not represent endorsement by Workwear Wardrobe of any other products, services or organisations.
15. Colour Reproduction
15.1 The colour reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.
16. Data Protection
16.1 Workwear Wardrobe will at all times comply with its obligations under the Data Protection Act 1998.
16.2 Workwear Wardrobe may monitor and record telephone calls for the following purposes:
16.2.1 training;
16.2.2 quality and control; and
16.2.3 to confirm verbal instructions.
16.3 Workwear Wardrobe has and maintains privacy policies in respect of its website and its business activities generally. For details, please select the link at the footer of the web site.
17. Assignment
17.1 The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of Workwear Wardrobe.
17.2 Workwear Wardrobe may assign the Contract or any part of it to any person, firm or company.
18. General
18.1 Each right or remedy of Workwear Wardrobe under the Contract is without prejudice to any other right or remedy of Workwear Wardrobe whether under the Contract or not.
18.2 Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract.
18.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
18.4 Failure or delay by Workwear Wardrobe in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
18.5 Any waiver by Workwear Wardrobe of any breach of, or any default under, any provision of the Contract by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
18.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
19. All Rights Reserved
19.1 No part of any Workwear Wardrobe publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
19.2 Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.
19.3 All prices may be subject to VAT. All prices are subject to alteration without notice. Workwear Wardrobe reserve the right to amend the Conditions which are subject to confirmation at the time of application.
Stratford Workwear Ltd t/a Workwear Wardrobe
Unit 2a
138 Sydenham Road
Birmingham
B11 1DQ
Telephone: 0121 572 0103
email: sales@workwearwardrobe.com
online: www.workwearwardrobe.com
Registered in England and Wales No.04502893. VAT No: 812596718
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.workwearwardrobe.co.uk and www.workwearwardrobe.com and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Reliance Textiles Limited (Workwear Wardrobe).
1. Introduction
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. Licence
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text; and
the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. Visitor Material and Conduct
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
that is inaccurate, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, likely to deceive any person, in breach of privacy, which may cause annoyance or inconvenience; or give the impression that it emanate from the Company, if this is not the case; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking). You must not attempt to gain unauthorised access to the Website, the server on which the website is stored or any server on which the website is stored or any server, computer or database connected to the website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or any website linked to it.
4.4 By breaching paragraph 4.3, you would commit a criminal offense under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and the Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
4.5 The Company shall not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user.
4.6 The Company has the right to remove any material or posting you make on the Website if, in the Company's opinion, such material does not comply with the content standards set out in paragraph 4.2.
5. Links to and from other Websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6. Registration
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
6.3 The Company has the right to disable any password whether chosen by you or allocated by the Company, at anytime, if in the Company's opinion you have failed to comply with any of the provisions of this Legal Notice.
7. Disclaimer
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8. Liability
8.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Company, other members of the Company's group of Companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, or results of the use of the Website, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even foreseeable, provided that this section 8 shall not prevent claims for loss or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories contained in the paragraph 8.2
8.3 Nothing in this legal notice shall exclude or limit the Company's liability for:
death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.