Terms and Conditions

One Pro Nutrition Limited Terms and Conditions
Dated July 2018

1. Who we are

We are One Pro Nutrition (One Pro Nutrition Limited) a private company limited by shares incorporated in England and Wales (company number 10476137) with registered office at 27 High Street, Godstone, England RH9 8LS (“we”, “us”, “our”). Our registered VAT number is 274997731.

2. Definitions and Interpretation

2.1 In the Agreement the following respective definitions apply:

  • Agreement” means the written contract comprising the Conditions and the Order;
  • Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in the city of London are open for business;
  • Conditions” means the terms and conditions (including the Schedule) set out in this document as amended from time to time in accordance with Clause 5;
  • Products” means the products (or any part of them) described in the Order;

Order” means a written order placed by you on the Website for the Products; “Unforeseen Event” means any event or circumstance beyond our reasonable control, including: (i) default by you; (ii) insolvency of suppliers; (iii) accident; (iv) inability to obtain products, licences or services from third party suppliers (despite using best endeavours to obtain); (v) laws and regulations or intervention by any authority of competent jurisdiction; (vi) fire, flood or any other disaster; or (vii) industrial dispute affecting a third party for which a substituting third party is not reasonably available; “VAT” means value added tax or any similar sales tax; “Website” means the website operated from 20thJuly; and “Termination Date” means the date of termination of the Agreement howsoever caused.

2.2  In the Agreement (except where the context otherwise requires):

  1. A reference to a “Clause”, “Appendix” or “Schedule” is to a clause of, appendix to or schedule to the Agreement;
  2. Headings are for convenience and shall not affect the interpretation of the Agreement;
  3. Use of the singular includes the plural and vice versa, and use of any gender includes the other genders;
  4. References to “persons” include natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality);
  5. References to legislation are to that legislation as amended, extended or re-enacted from time to time;
  6. including”, “include” and “in particular” shall be interpreted with the words “without limit” after them;
  7. If there is a contradiction between any Clause and the Schedule the former shall take precedence;
  8. References to “writing” or “written” include faxes and email, and “notify” means “serve notice”;
  9. References to “you” and “your” are to the person to whom the Products are (or are to be) supplied;
  10. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction;
  11. References to a document are to that document as varied or novated (in each case, other than in breach of the provisions of the Agreement) at any time;
  12. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done;
  13. A “Party”means either party to the Agreement and includes (and the Agreement shall be binding on and inure to the benefit of) the successor(s)-in-title to the whole or a substantial part of its undertaking and its permitted assignees (if any).

3. Contact information

3.1 Our contact details

You can contact us by telephoning our customer service team at 0044 1883 743313, 9.00am – 6.00pm (GMT) on Business Days for the UK. You can also write to us at customer.service@onepronutrition.com or at ONE PRO Nutrition, 27 High Street, Godstone, Surrey, RH9 8LS, UK.

3.2 How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address that you provided to us in the Order.

4. Our agreement with you

4.1 Basis of the Agreement

The Conditions apply to the Agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and you hereby irrevocably waive any right that you might otherwise have to rely on any term endorsed upon, delivered with our contained in any other documents that are inconsistent with these Conditions.

4.2   The Order

The Order constitutes an offer by you to purchase the Products in accordance with the Conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.

4.3 Our acceptance of the Order

Our acceptance of the Order will take place on dispatch of the Products that are the subject of the Order, at which point the Agreement will come into existence between you and us.

4.4 If we are unable to accept the Order

If we are unable to accept the Order, we will notify you of this and will not charge you for the Products. If payment has already been taken we will refund the payment.

4.5 The Order number

We will assign an order number to the Order and tell you what it is when we take payment. It will help us if you can tell us the Order number whenever you contact us about the Order.

5. Our products

5.1 Products may vary slightly from their pictures

The images of the Products on the Website are for illustrative purposes only and are produced for the sole purpose of giving an approximate idea of the Products referred to in them. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product (and any packaging in relation to the same) may vary slightly from those images. The images of the Products on the Website shall not form part of the Agreement or have any contractual force.

5.2 Our warranty

We warrant that on delivery the Products shall:

  1. conform with their description on the Website; and
  2. be free from material defects in design, material and workmanship; and
  3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

5.3 Product replacement

Subject to Clause 5.4, if:

  1. you give notice to us within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in Clause 5.2;
  2. we are given a reasonable opportunity to examine such Products; and
  3. you (if asked to do so by us) promptly return such Products to our place of business at your own cost.

5.4 Liability

We shall not be liable for the Products’ failure to comply with the warranty set out in Clause 5.2in any of the following events:

  1. you make any further use of the Products after giving notice in accordance with Clause 5.3;
  2. the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
  3. you alter or repair such Products without our written consent;
  4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
  5. the Products differ from their description on the Website as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

6. Changes to the Products

6.1 Your right to make changes

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Agreement (see Clause 8).

6.2 Our rights to make changes

  1. We may change the Products to reflect changes in relevant laws and regulatory requirements.
  2. If we need to make any other changes to the Products, we will notify you and you may then contact us to end the Agreement before the changes take effect and receive a refund for any Products paid for but not received.

7. Providing the Products

7.1 Delivery costs

The costs of delivery will be as displayed to you on the Website.

7.2 When we will provide the Products

We will deliver the Products to you as soon as reasonably possible and in any event within 30 days of the day on which we accepted the Order.

7.3 We are not responsible for delays outside our control

If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for any Products that you have paid for but not received.

7.4 If you are not at home when the Products are delivered

If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our delivery partner will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

7.5 If you do not re-arrange delivery

If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Agreement and Clause 10.2will apply.

7.6 Packaging materials

If we require you to return any packaging materials to us, we will ensure that we state this clearly on the delivery note. You shall make any such packaging materials available for collection as such times as we may reasonably request. Returns of packaging materials shall be at our own expense.

7.7 Your legal rights if we deliver Products late

You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the Agreement as at an end straight away if any of the following apply:

  1. we have refused to deliver the Products;
  2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  3. you told us before we accepted the Order that delivery within the delivery deadline was essential.

7.8 Ending the Agreement for late delivery

If you choose to treat the Agreement as at an end for late delivery under this Clause 7.8, you can cancel the Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either return them in person to where you bought them or post them back to us. Please call us on 01883 743313, 9:00am – 6:00 pm (GMT) on Business Days, or email us at customer.services@onepronutrition.com.

7.9 Responsibility for the Products

A Product will be your responsibility from the time we deliver it to the address you gave us or you or a carrier organised by you collect it from us.

7.10  Ownership of the Products

You own a Product once we have dispatched it.

7.11  Suspending the supply of Products

We may have to suspend the supply of a Product to:

  1. deal with technical problems or make minor technical changes;
  2. update it to reflect changes in relevant laws and regulatory requirements;
  3. make changes to it as requested by you or notified by us to you (see Clause 6).

7.12  Your rights if we suspend the supply of Products

We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 14 days in any 30-day period we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the Agreement for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Agreement.

7.13  Failure to pay

If you do not pay us for the Products when you are supposed to (see Clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not charge you for the Products during the period for which they are suspended.

8. Your rights to end the Agreement

8.1 Your rights when you end the Agreement

Your rights when you end the Agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Agreement:

  1. if what you have bought is faulty or misdescribed you may have a legal right to end the Agreement (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12;
  2. if you want to end the Agreement because of something we have done or have told you we are going to do,see Clause 8.2;
  3. if you have just changed your mind about the Product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of its return; and
  4. in all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.

8.2 Ending the Agreement because of something we have done or are going to do.

If you are ending the Agreement for a reason set out at Clauses 8.2(a) to 8.2(e) below the Agreement will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  1. we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 6.2(b));
  2. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
  3.  there is a risk that supply of the Products may be significantly delayed because of events outside our control;
  4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
  5. you have a legal right to end the Agreement because of something that we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Conditions.

8.4 When you don’t have the right to change your mind

You do not have a right to change your mind in respect of:

  1. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  2. any products which become mixed inseparably with other items after their delivery.

8.5 How long you have to change your mind

How long you have depends on how the Order is delivered. You have 14 days after the day you (or someone you nominate) receives the Products, unless:

  1. They are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products; or
  2. They are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.

8.6 Ending the Agreement where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the Agreement before it is completed. The Agreement is completed when the Products are delivered and paid for. If you want to end the Agreement in these circumstances, contact us to let us know. The Agreement will not end until one calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the Agreement on 4 February we will continue to supply the Products until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the Products after 3 March.

9. How you may end the Agreement (including if you have changed your mind)

9.1 Tell us you want to end the Agreement

To end the Agreement with us, please let us know by doing one of the following:

  1. By phone or email: call customer services on 0044 1883 743313, 9:00 am – 6:00pm (GMT) on Business Days, or email us at customer.services@onepronutrition.com. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
  2. By post: write to us ONE PRO Nutrition, 27 High Street, Godstone, Surrey, RH9 8LS, UK, including details of what you bought, when you ordered or received it and your name and address.

9.2 Returning Products after ending the Agreement

If you end the Agreement for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return them by posting them back to us at . Please call customer services on 0044 1883 743313, 9:00 am – 6:00pm (GMT) on Business Days, or email us at customer.services@onepronutrition.com. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Agreement.

9.3 Costs of returning Products

We will pay the costs of return:

  1.  if the Products are faulty or misdescribed;
  2.  if you are ending the Agreement because we have told you of an upcoming change to the Products or the Agreement, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
  3.  if you are exercising your right to change your mind. In all other circumstances you must pay the costs of return.

9.4 Charges for collection

If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.

9.5 Refunds

We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind.

(a)  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b)  The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have it delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.7 Timing of refunds

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a)  if we have not offered to collect the Products, a refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent them back to us (for information about how to return a Product to us, see Clause 9.2); and (b)  in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the Agreement

10.1  Breach

We may end the Agreement at any time by notice to you if:

  1. you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
  2. you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2  Compensation for breach

If we end the Agreement in the situations set out in Clause 10.1we will refund any money you have paid in advance for Products that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Agreement.

10.3  Withdrawal of Products

We may write to you to let you know that we are going to stop providing the Products. We will let you know at least 14 days in advance of our stopping the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.

11. Problems with a Product

11.1  Informing us of problems

If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0044 1883 743313 9:00 am – 6:00pm (GMT) on Business Days], or email us at customer.service@onepronutrition.com

11.2  Summary of your key legal rights

We are under a legal duty to supply products that are in conformity with the Agreement. See the Appendix (Summary of your Key Legal Rights) for a summary of your key legal rights in relation to the Products. Nothing in the Agreement will affect your legal rights.

11.3  Your obligation to return rejected Products

If you wish to exercise your legal rights to reject Products you must either return them to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. You can telephone our customer service team at 0044 1883 743313 9:00 am – 6:00pm (GMT) on Business Days], or email us at customer.service@onepronutrition.com

12. Price and payment

12.1  Price

The price of the Product (which includes VAT but does not include packing and transport) will be the price indicated on the order pages of the Website when you placed the Order. We take all reasonable care to ensure that the price of the product notified to you is correct. However, please see Clause 12.3for what happens if we discover an error in the price of the Product you order.

12.2  Changes in VAT

If the rate of VAT changes between the Order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.

12.3  Incorrect pricing

Despite our best efforts, some of the Products we sell may be priced incorrectly. We will normally check prices before accepting the Order so that, where the Product’s correct price at the Order date is less than our stated price at the Order date, we will charge the lower amount. If the product’s correct price at the Order date is higher than the price stated to you, we will contact you for your instructions before we accept the Order.

12.4  Payment

Please ensure that the expiry date of your payment card is after the anticipated dispatch date of the Order. Payment is taken at the point of order of the Products and in the event that the payment card has expired we will be unable to take payment and fulfil the Order.

13. Standard promotions

13.1  Using promotional codes

Where applicable, a promotional code is redeemed by entering the code in the ‘basket’ in the online purchase process. When you use a promotional code you warrant to us that you are the duly authorised recipient of the promotion and that you are using it in good faith.

13.2  Unlawful use

If you redeem, attempt to redeem or encourage the redemption of promotional codes to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence. If we believe that a promotional code is being unlawfully used we may reject or cancel any promotion code and you agree that you will have no claim against us in respect of any rejection or cancelation. We reserve the right to take any further action that we deem appropriate in the circumstances.

13.3  Multiple promotional codes / Website promotions

Only one promotional code can be used at a time. Other promotional offers will apply.

13.4  Promotion code limits

Any promotion feature will be limited to one per customer unless otherwise stated.

13.5  Distribution of promotional codes

Promotional codes remain our property at all times. The right to use a promotional code is personal to the original recipient and may not be transferred. No promotional code may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by anyone other than the original recipient, or stored in a data retrieval system, without our prior written permission.

13.6  Minimum spend

Where the redemption of a promotional code is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying Products, which will be communicated to you on a timely basis around the issue of the promotional code. Excluded Products and supplementary charges, such as delivery or postage, shall not count towards a minimum spending requirement.

13.7  Percentage discount

Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.

13.8  VAT free basis

Where purchases are stated to be offered on a “VAT-free” basis, the prices of qualifying items will be reduced by the equivalent rate of VAT.

13.9  Supplementary charges

Charges such as delivery or postage and packing shall not be discounted unless specifically stated in the offer description.

13.10 Withdrawal of promotion codes

We reserve the right to withdraw, vary or cancel a promotional code for any reason at any time without notice to you.

13.11 Refunds on promotional offers

Refunds for Products purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights will not be affected.

14. Our responsibility for loss or damage suffered by you

14.1  Our liability

If we fail to comply with the Agreement, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking the Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2  Unlawful limitations and exclusions

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

  1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation;
  3. breach of your legal rights in relation to the Products (as summarised in the Appendix (Summary of your Key Legal Rights));
  4. breach of any term implied by section 12 of the Sale of Goods Act 1979; or (e)  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

14.3  Exclusion of business losses

We only supply the Products for domestic and private use. If you use them for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. Unforeseen Events

15.1  Suspension of obligations

  1. Provided that we have complied with Clause 15.2, if we are prevented or delayed in or from performing any of our obligations under the Agreement by an Unforeseen Event, we shall not be in breach of the Agreement or otherwise liable for any such prevention or delay and the time for our performance of it shall be extended accordingly.
  2. Your corresponding obligations will be suspended, and your time for performance of such obligations extended, to the same extent as those of us.

15.2  Our responsibilities when an Unforeseen Event occurs

We shall:

  1. as soon as reasonably practicable after the start of the Unforeseen Event, notify you of the Unforeseen Event, the date on which it started, its likely or potential duration, and the effect of the Unforeseen Event on our ability to perform any of our obligations under the Agreement;
  2. use all reasonable endeavours to mitigate the effect of the Unforeseen Event on the performance of our said obligations; and
  3. after the end of the Unforeseen Event, notify you that the Unforeseen Event has ended and resume performance of our said obligations.

16. Other important terms

16.1  Our rights to transfer the Agreement

We may transfer our rights and obligations under the Agreement to another person. We will always notify you if this happens and we will ensure that the transfer will not affect your rights under the Agreement.

16.2  Your rights to transfer the Agreement

You may only transfer your rights or your obligations under the Agreement to another person if we agree to this in writing. However, you may transfer our guarantee at Clause 5.2to a person who has acquired the Product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the Product.

16.3  Third party rights

The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement, no person other than the Parties shall have rights under it, and it shall not be enforceable by any person other than the Parties.

16.4  Severability

If any provision of the Agreement (the “Void Provision”) is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable:

  1. such invalidity or unenforceability shall not affect the other provisions of the Agreement which shall remain in full force and effect;
  2. if the Void Provision would be valid or enforceable if some part of it were deleted, the Void Provision shall apply with such modification as may be necessary to make it valid and enforceable; and
  3. if that is not possible the Parties shall attempt to substitute for the Void Provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the Void Provision.

16.5 Variations

Subject to Clause 6.2, no variation of the Agreement shall be valid unless it is in writing and signed on behalf of each of the Parties and cites this Clause 16.5.

16.6  Notices

  1. Any notice or other communication required or entitled to be given under the Agreement (together “notices”) shall be in writing, in English, and shall be delivered by hand, posted by pre-paid first-class mail, air mail or by fax or by email to (where we are the recipient Party) the contact details set out at Clause 3.1, or (where you are the recipient Party) such address as is provided on the Order or such other address as the recipient Party may specify by notice to the other Party or fax number or email address.
  2. Notices shall be deemed to have been received:
    1. if delivered by hand, at the time of delivery;
    2. if sent by first-class post, 2 days after posting;
    3. if sent by air mail, 5 days after posting; and
    4. if sent by fax or email, on the next working day in the place of its receipt after sending, provided that a copy is also posted in accordance with Clause 16.6(a) within 24 hours of the fax or email being sent.
  3. This Clause does not apply to the service of any proceedings or other documents in any legal action.

16.7  Even if we delay in enforcing the Agreement, we can still enforce it later

If we do not insist immediately that you do anything that you are required to do under the Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.8  Surviving provisions

The termination of the Agreement shall not affect the continuance in force of:

  1. Clauses 2, 5.4, 7.3, 14.2, 14.3, 15, 16.1, 16.2, 16.3, 16.10, 16.11, 16.12, and
  2. any other term of the Agreement which is expressly or by implication intended to continue in force after the Termination Date.

16.9  Party’s rights on termination

The termination of the Agreement shall not affect any rights, remedies, obligations or liabilities of either Party that have accrued up to the Termination Date, including the right to claim damages in respect of any breach of the Agreement which existed at or before the Termination Date.

16.10 Post-termination

Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

16.11 Exclusions

Unless expressly stated in the Agreement, all conditions, warranties and other statements whatsoever that would otherwise be implied or imposed by statute, common law, a course of dealing or otherwise howsoever are excluded to the fullest extent permitted by law.

16.12 Governing Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with English law, and each Party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with the Agreement.   Appendix: Summary of your Key Legal Rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  1. up to 30 days: if your goods are faulty, then you can get an immediate refund.
  2. up to 6 months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  3. up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also Clause 8.3 and Exercising your right to change your mind (Consumer Contracts Regulations 2013).