BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, walkerreed.co.uk ("Our Site"). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and Interpretation1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:"Content" means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
"We/Us/Our" means Walkerreed Limited, a company registered in England under 05671322, whose registered address is 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD.
2. Information About Us
2.1 Our Site, walkerreed.co.uk, is owned and operated by Walkerreed Limited, a limited company registered in England under 05671322, whose registered address is 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD. Our VAT number is 899336065.
3. Access to Our Site3.1 Access to Our Site is free of charge.3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.4.3 You may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print pages from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 Acts Permitted in Relation to Copyright Works', covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5. Links to Our Site5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
You may not link to any page other than the homepage of Our Site, walkerreed.co.uk. Deep-linking to other pages requires Our express written permission.5.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at sales@walkerreed.co.uk for further information.5.3 You may not link to Our Site from any other site the main content of which contains material that:
5.3.1 is sexually explicit;
5.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.3.3 promotes violence;
5.3.4 promotes or assists in any form of unlawful activity;
5.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.3.7 is calculated or is otherwise likely to deceive another person;
5.3.8 is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy;
5.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.3.10 implies any form of affiliation with Us where none exists;
5.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
5.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.4 The content restrictions in sub-Clause 5.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6. Links to Other SitesLinks to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Disclaimers7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating use or fitting.7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8. Our Liability8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.8.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site).8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers' legal rights, including those relating to digital content, please contact your local Citizens' Advice Bureau or Trading Standards Office.
9. Viruses, Malware and Security9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
10. Acceptable Usage Policy10.1 You may only use Our Site in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
10.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
10.2.6 any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
11. Privacy and CookiesUse of Our Site is also governed by Our Cookie and Privacy Policies, available from https://walkerreed.co.uk/priva... and https://walkerreed.co.uk/cooki.... These policies are incorporated into these Terms and Conditions by this reference.
12. Changes to these Terms and Conditions12.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
13. Contacting UsTo contact Us, please email Us at sales@walkerreed.co.uk or using any of the methods provided on Our contact page at www.walkerreed.co.uk.15. Data Protection15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policyhttps://walkerreed.co.uk/priva... and Cookie Policy https://walkerreed.co.uk/cooki....
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales Northern Ireland Scotland.16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales Northern Ireland Scotland.
TERMS OF SALE
BACKGROUND:These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, walkerreed.co.uk ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods and/or Bespoke Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods and/or Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods and/or Bespoke Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.1. Definitions and Interpretation1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
"Bespoke Goods" means goods made AND/OR customised to order, sold by Us through Our Site;
"Contract" means a contract for the purchase and sale of Goods, as explained in Clause 4;
"Goods" means goods (that are not made AND/OR customised to order) sold by Us through Our Site;
"Goodwill Guarantee" means the goodwill guarantee offered by Walkerreed Limited , a limited company registered in England under 05671322, whose registered address is 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD and whose main trading address is OR which exists to enhance the legal rights of Our customers to change their mind and return Goods to Us;
"Order" means your order for Goods and/or Bespoke Goods;
"Order Confirmation" means our acceptance and confirmation of your Order;
"Order Number" means the reference number for your Order; and
"We/Us/Our" means Walkerreed Limited , a company registered in England under 05671322, whose registered address is 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD.
2. International CustomersPlease note that We only deliver within the United Kingdom and Europe.
3. Goods, Pricing and Availability3.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Bespoke Goods available from Us correspond to the actual Goods and/or Bespoke Goods that you will receive. Please note, however, the following:
3.1.1 Images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations between the image of a product and the actual product sold due to differences in computer displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;
3.1.2 Images and/or descriptions of packaging are for illustrative purposes only; the actual packaging may vary. OR ; and3.2 Please note that sub-Clause 3.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods and/or Bespoke Goods, not to different ones altogether. Please refer to Clause 7 if you receive incorrect Goods and/or Bespoke Goods.3.3 Where appropriate, you may be required to select the required size, model, colour, number, of the Goods and/or Bespoke Goods that you are purchasing.3.4 If you order Bespoke Goods from Us, We will make them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.3.5 When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.3.6 We cannot guarantee that Goods and/or Bespoke Goods will always be available. Stock indications are not provided on Our Site.3.7 Minor changes may, from time to time, be made to certain Goods and/or Bespoke Goods between your Order being placed and Us processing that Order and dispatching the Goods and/or Bespoke Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods or Bespoke Goods and will not normally affect your use of those Goods and/or Bespoke Goods. However, if any change is made that would affect your use of the Goods and/or Bespoke Goods, suitable information will be provided to you.3.8 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. [All pricing information is reviewed and updated every regularly.] Changes in price will not affect any order that you have already placed (please note sub-Clause 3.11 regarding VAT, however).3.9 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within five working days, We will treat your Order as cancelled and notify you of this in writing.3.10 In the event that the price of Goods and/or Bespoke Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.3.11 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.3.12 Delivery charges are not included in the price of Goods or Bespoke Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
4. Orders and How Contracts Are Formed4.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. In particular, if you are ordering Bespoke Goods, please check the details you have provided carefully as We may not be able to accommodate changes once we have begun making your Bespoke Goods.4.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.4.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.4.4 Order Confirmations shall contain the following information:
4.4.1 Your Order Number;
4.4.2 Confirmation of the Goods and/or Bespoke Goods ordered including full details of the main characteristics of those Goods and/or Bespoke Goods;
4.4.3 Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery and other additional charges;
4.4.4 Estimated delivery date;
4.5 We will also include a paper copy of the Order Confirmation with Goods when they are delivered.4.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within five working days.4.7 Any refunds due under this Clause 4 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods
5. Payment5.1 Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.5.2 We accept the following methods of payment on Our Site:
5.2.1 Visa and Mastercard.
6. Delivery, Risk and Ownership6.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 9.6.2 If We are unable to deliver the Goods and/or Bespoke Goods on the delivery date, the following will apply:
6.2.1 If no one is available at your delivery address to receive the Goods or left in a safe place nominated by you, The courier leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
6.2.2 If you do not collect the Goods or rearrange delivery, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods and/or Bespoke Goods. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
6.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 6.1), if any of the following apply you may treat the Contract as being at an end immediately:
6.3.1 We have refused to deliver your; or
6.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
6.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
6.4 If you do not wish to cancel under sub-Clause 6.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
6.5 You may cancel all or part of your Order under sub-Clauses 6.3 or 6.4 provided that production has not begun. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within five working days. Please note that if any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange with Us for their collection.6.6 Delivery shall be deemed complete and the responsibility for the will pass to you once We have delivered them to the address including, where relevant, any alternative address you have provided.6.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).6.8 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods [unless you specifically request that We make a refund using a different method].
7. Faulty, Damaged or Incorrect Goods7.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at sales@walkerreed.co.uk as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Please note that if Bespoke Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in sub-Clause 3.5, you will not be able to return those Bespoke Goods. Otherwise, your available remedies will be as follows:
7.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a seven calendar day right to reject them and to receive a full refund if they do not conform as stated above.
7.1.2 If you do not wish to reject the Goods and/or Bespoke Goods, or if the seven calendar day rejection period has expired, you may request a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the seven calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods and/or Bespoke Goods.
7.1.3 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep them at a reduced price, or to reject them in exchange for a refund.
7.2 Please note that you will not be eligible to claim under this Clause 7 if We informed you of the fault(s), damage or other problems with the before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. Please refer to Clause 12 for more details.7.3 To return Goods and/or Bespoke Goods to Us for any reason under this Clause 11, please contact Us at sales@walkerreed.co.uk to arrange for a collection and return]. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.7.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.7.5 Any and all refunds issued under this Clause 7 will include all delivery costs paid by you when the Goods were originally purchased.7.6 Refunds under this Clause 7 will be made using the same payment method that you used when making your Order.7.7 For further information on your rights as a consumer, please contact your local Citizens' Advice Bureau or Trading Standards Office.
8. Our Liability to ConsumersWe will not be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence of if it is contemplated by you and Use when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 We will take all reasonable steps to minimise the delay;
9.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and/or Bespoke Goods as necessary;
9.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so as follows:
Telephone: 01245 350559;
Email: sales@walkerreed.co.uk;
Post: 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within five working days of the date on which the Contract is cancelled.
10. Communication and Contact Details10.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01245 350559, by email at sales@walkerreed.co.uk, or by post at 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD.10.2 For matters relating the Goods and/or Bespoke Goods or your Order, please contact Us by telephone at 01245 350559, by email at sales@walkerreed.co.uk, or by post at 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD.10.3 For matters relating to cancellations, please contact Us by telephone at 01245 350559, by email at sales@walkerreed.co.uk, by post at 10 Robert Leonard Industrial Estate, Stock Road, Southend on Sea, Essex SS2 5QD, or refer to the relevant Clauses above.
11. Complaints and Feedback11.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
12. How We Use Your Personal Information (Data Protection)12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.12.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://walkerreed.co.uk/priva... and Cookie Policy https://walkerreed.co.uk/cooki....
13. Other Important Terms13.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.13.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.13.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.13.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.13.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.13.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.
14. Law and Jurisdiction14.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales Northern Ireland Scotland.14.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.14.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
14.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales Northern Ireland Scotland.