Terms & Conditions
Unless otherwise stated, all material on this website is copyrighted and may not be copied elsewhere without permission. This includes all leather jacket images and styles.
Information on this website is designed to provide the most accurate and authoritative information, as possible, with regard to the subject matter.
Terms of Website Use
1. Information About Us
The Site is a site operated by 55 Collection («We / Our / Us»).
2. Accessing Our Site
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see hereafter). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users.
If you choose, or you are provided with, an identification code, password or any other piece of information as part of Our sign-up, security or transaction procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms of Website Use.
When using Our Site, you must comply with the provisions of Our ‘Acceptable Use Policy’. Please see relevant section below.
You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms of Website Use, and that they comply with them.
3. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it (including, without limitation, the name ‘55 Collection’; together with all clothing images, designs and styles). Those works are protected by copyright laws, other intellectual property rights and laws, and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text unless pertaining to a Mix n Match order.
Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
If you print off, copy or download any part of Our Site in breach of these Terms of Website Use, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
4. Reliance on Information Posted
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. This Site is provided on an «AS IS» and «AS AVAILABLE» basis and We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
5. Our Site Changes Regularly
We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.
6. Our Liability
The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We and third parties connected to Us hereby expressly exclude:-
i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including (without limitation) any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Information About You and Your Visits to Our Site
8. Transactions Concluded Through Our Site
Contracts for the supply of goods and / or services formed through Our Site, or as a result of visits made by you, will be governed by our ‘Trading Terms and Conditions’. See relevent section below.
You must be over 18 years of age to contract as a result of visiting Our Site.
9. Uploading Material to Our Site
Whenever you make use of a feature that allows you to upload material to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in Our ‘Acceptable Use Policy’. See relevant section below. You warrant that any such contribution does comply with those standards, and that you will indemnify Us for any breach of that warranty.
Any material you upload to Our Site or email to Us will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.
We have the right to remove any material or posting you make on Our Site if, in Our opinion, such material does not comply with the content standards set out in Our ‘Acceptable Use Policy’. See relevant section below.
10. Viruses, Hacking and Other Offences
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
We will not be liable for any loss, damage or order delay caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
11. Linking to Our Site
You may link to any of Our website pages with Our prior written consent, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the content standards set out in Our ‘Acceptable Use Policy’. See relevant section below.
If you wish to make any use of material Our Site, please address your request email@example.com
12. Linking from Our Site
Where Our Site contains links to other sites and resources provided by third parties and / or third party suppliers of goods and / or services, these links and advertisements are provided for your information only. Whilst We make reasonable efforts to check the identification and credentials of such third parties, We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. It should not be construed that We endorse, approve or guarantee any goods and / or services that are offered on any linked website, or by any affiliate, person or company by their inclusion on Our Site.
13. Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site, although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Website Use are governed by English law.
We may revise these Terms of Website Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are binding on you. Some of the provisions contained in these Terms of Website Use may also be superseded by provisions or notices published elsewhere on Our Site.
15. Your Concerns
If you have any concerns about material which appears on Our Site, please contact firstname.lastname@example.org
Website Acceptable Use Policy
This Acceptable Use Policy sets out the terms under which you may access the website www.55collection.com («Site»). This Acceptable Use Policy applies to all users of the Site.
Your use of the Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement the ‘Terms of Website Use’. See relevant section above.
1. Prohibited Uses
You may use Our Site only for lawful purposes. You may not use Our Site:-
i) in any way that breaches any applicable local, national or international law or regulation;
ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
iii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our content standards (as described hereafter);
iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
v) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:-
i) not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of Our ‘Terms of Website Use’. See relevant section above; and
ii) not to access without authority, interfere with, damage or disrupt any part of Our Site; any equipment or network on which Our Site is stored; any software used in the provision of Our Site; or any equipment or network or software owned or used by any third party.
2. Interactive Services
We may from time to time provide interactive services on Our Site, including (without limitation) chat rooms and bulletin boards («Interactive Service»).
Where We do provide any Interactive Service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do Our best to assess any possible risks for users from third parties when they use any Interactive Service provided on Our Site, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any Interactive Service We provide on Our site, and We expressly exclude Our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of Our content standards, whether the service is moderated or not.
The use of any of Our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Where We do moderate an Interactive Service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3. Content Standards
These content standards apply to any and all material which you contribute to Our Site («Contributions»), and to any Interactive Services associated with it.
You must comply with the spirit of the following standards as well as the letter of them. The standards apply to each part of any Contribution as well as to its whole.
i) be accurate (where they state facts);
ii) be genuinely held (where they state opinions); and
Contributions must not:-
i) contain any material which is defamatory of any person;
ii) contain any material which is obscene, offensive, hateful or inflammatory;
iii) promote sexually explicit material;
iv) promote violence;
v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
vi) infringe any copyright, database right or trade mark of any other person;
vii) be likely to deceive any person;
viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
ix) promote any illegal activity;
x) be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
xi) be likely to harass, upset, embarrass, alarm or annoy any other person;
xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
xiii) give the impression that they emanate from Us, if this is not the case; nor
xiv) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. Suspension and Termination
We will determine, in Our discretion, whether there has been a breach of this Acceptable Use Policy through your use of Our Site. When a breach of this Acceptable Use Policy has occurred, We may take such action as We deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of Our ‘Terms of Website Use’, see relevant section above, upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:-
i) immediate, temporary or permanent withdrawal of your right to use Our Site;
ii) immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site;
iii) issue of a warning to you;
iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including (but not limited to) reasonable administrative and legal costs) resulting from the breach;
v) further legal action against you; and
vi) disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and We may take any other action We reasonably deem appropriate.
5. Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on Our Site.
At 55 Collection we take your right to privacy very seriously. We value the confidentiality of the information which you provide when registering and contracting through our website.
Accordingly, 55 Collection is committed to ensuring that your privacy is protected.
1. The Information We Collect and How We Use It
When you register we may need to know information such as your name; postal address; e-mail address; telephone number; fax number; and credit or debit card number and expiry date.
If you give us information you confirm that:-
i) you consent to the processing of your personal data; and
ii) you consent to the transfer of your personal data abroad.
First and foremost, we gather this information to allow us to process your registration and / or enter in to a contractual relationship with you. The relevant information is then used by us, our agents and authorised third parties to process your registration and / or regarding any contracts between us and you, and to communicate with you on any matter relating to the conduct of your account and in general. Any information provided by you in connection with any transaction regarding a postal address or a credit or debit card number and expiry date will be used by us, or by others on our behalf, to process a transaction and / or regarding any contracts between us and you.
We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. This information will not include information that can be used to identify any individual. Furthermore, we may give you the opportunity to submit feedback to us. If you choose to do so we may use such feedback including emails as if it were our property including using it for promotional and marketing purposes. We may also contact you for further information about your feedback.
From time to time we may provide your information to a customer service agency for research and analysis purposes so that we can monitor and improve the business and services we provide. We or our agents and sub-contractors may contact you by mail, telephone, SMS, fax or e-mail to ask you for feedback and comments on our business and services.
We may also wish to provide you with information about special features of our website and any other matter we think may be of interest to you. We may contact you by mail, telephone, SMS, fax or e-mail. If you would rather not receive this information, please send an e-mail to email@example.com but remember that this will preclude you from receiving any special offers or promotions.
We may also wish to provide you with related information from third parties we think may be of interest to you. We may contact you by mail, telephone, SMS, fax or e-mail. If you would rather not receive this information, please send an e-mail to firstname.lastname@example.org but remember that this will preclude you from receiving any special offers or promotions.
We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. They may contact you by mail, telephone, SMS, fax or e-mail. If you do not wish us to disclose your information in this way, please send an e-mail to email@example.com but remember that this will preclude you from receiving any special offers or promotions.
We may take any action with respect to the information provided to us which we deem necessary or appropriate if we believe the information may cause us to suffer any loss, liability or commercial damage. We may also disclose information provided to us where we consider ourselves to be under a legal or regulatory obligation to do so.
55 Collection is not responsible for the cookies contained on any externally linked websites.
3. How We Protect the Information You Provide Us With
We will take reasonable precautions to protect personal information in our possession from loss, misuse and unauthorised access, disclosure, alteration and destruction. You should be aware, however, that communications over the internet (which includes e-mails to 55 Collection, registering as a user on our website and contracting with us through our website) are not secure unless they have been encrypted and we do not accept any responsibility for any errors or omissions which arise from circumstances outside our reasonable control.
We also keep your information confidential. The internal procedures of 55 Collection cover the storage, access and disclosure of your information.
4. Sale of Business
If our business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
5. Accessing the Information We Hold
You have a right to ask for a copy of the information you have provided us with and which we hold. We may charge a fee of £10.00 for providing this information to you.
6. Updating Your Details
You have a right to correct any inaccuracies in the data you have provided us with and which we hold.
If any of the information that you have provided to 55 Collection changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration to our website, please let us know the correct details by sending an e-mail to firstname.lastname@example.org.
7. Public Areas and Links
Please note that if you post any of your personal information in public areas of the website, such as in any online bulletin boards, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the website.
8. Your Consent
9. How to Contact 55 Collection
If our business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
Trading Terms and Conditions
This page (together with the documents referred to within it) tells you the terms and conditions on which We supply any of the products («Products») listed on Our website www.55collection.com («Site») to you. Please read these Trading Terms and Conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of Our Products, you agree to be bound by these Trading Terms and Conditions.
You should print a copy of these Trading Terms and Conditions for future reference.
Please check on the box marked «I Accept» when you enter your details during checkout if you accept these Trading Terms and Conditions. Please understand that if you refuse to accept these Trading Terms and Conditions, you will not be able to order any Products from Our Site.
1. Information About Us
The Site is a site operated by 55 Collection («We / Our / Us»).
2. Service Availability
Our Site is only intended for use by people resident in the following territories («Serviced Territories»):-
i) the United Kingdom;
iv) the European Union; and
v) North and South America.
We do not accept orders from individuals outside those territories. Some restrictions may be placed on the extent to which We accept orders from specific territories.
3. Your Status
By placing an order through Our Site, you warrant that:-
i) you are legally capable of entering into binding contracts;
ii) you are at least 18 years old;
iii) you are resident in one of the Serviced Territories; and
iv) you are accessing Our Site from that territory.
4. How the Contract is Formed Between You and Us
4.1 After placing an order, you will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that your order has been processed(«Order Processed Confirmation»). The contract between you and Us («Contract») will only be formed when We send you the Order Processed Confirmation. Where your order has been placed by telephone, the Order Processed Confirmation will include a link to these Trading Terms and Conditions and, by taking delivery of the Products, you will signify that you agree to these Trading Terms and Conditions.
4.2 The Contract will relate only to those Products whose order We have confirmed in the Order Processed Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Processed Confirmation.
6. Availability and Delivery 5. Consumer Rights
Your order will be fulfilled within 14 business days in most cases as set out in the Order Processed Confirmation email, or, if no delivery date is specified, then within a reasonable time of the date of the Order Processed Confirmation, unless there are exceptional circumstances.
7. Risk and Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and Payment
8.1 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
8.2 These prices exclude value added tax unless otherwise stated and also exclude delivery costs, which will be added to the total amount due as set out on Our Delivery page.
8.3 Prices and styles are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Order Processed Confirmation.
8.4 Our Site contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on Our Site may be incorrectly priced. We will normally verify prices as part of Our Order Processed Confirmation procedures so that, where a Product’s correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on Our Site, We will normally, at Our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you an Order Processed Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card, Paypal or Google Checkout.We also accept cheque or postal orders from within the UK only. We will charge your credit or debit card when We process your order. We accept payment by Visa, Mastercard, Switch, Maestro and American Express.
9. Law and Jurisdiction
Contracts for the purchase of Products through Our Site 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, although We retrain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
10. Our Liability
10.1 We warrant to you that any Product purchased from Us through Our Site is of satisfactory quality and, subject to the remainder of this Clause 10.1, is reasonably fit for all the purposes for which products of the kind are commonly supplied. We shall not be deemed to be aware of any special purpose for which the Products are required by you and, without limitation, if any Product purchased from Us through Our Site is described as a «motorcyle jacket» you hereby acknowledge that such Products do not differ significantly from any of our other Products in terms of the protection they afford against motorcycle injury and that we make no warranty that any of our Products afford any protection against motorcycle injury. Whilst a product is described as a «motorcyle jacket», it does not differ significantly from any of our other products in terms of the protection it affords against motorcycle injury, and we make no warranty that any of our products afford any protection against motorcycle injury.
10.2 Our liability for losses you suffer as a result of Us breaking these Trading Terms and Conditions (including deliberate breaches) is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way Our liability:-
i) for death or personal injury caused by Our negligence;
ii) under section 2(3) of the Consumer Protection Act 1987;
iii) for fraud or fraudulent misrepresentation;
ii) for any deliberate breaches of these Trading Terms and Conditions by Us that would entitle you to terminate the Contract between Us; or
iii) or any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Trading Terms and Conditions by Us that would entitle you to terminate the Contract between Us, including (but not limited to):-
i) loss of income or revenue;
ii) loss of business;
iii) loss of profits or contracts;
iv) loss of anticipated savings;
v) loss of data; orvi) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this Clause 10.4 shall not prevent claims for loss of or damage to your tangible property that falls within the terms of Clause 10.1 or Clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of this Clause 10.4.
11. Import Duty
11.1 If you order Products from Our Site for delivery outside Spain, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Site, 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 Site. 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 statutory rights.
All notices given by you to Us must be given to email@example.com. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent during working hours, or 3 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.
14.1 The Contract between you and Us is binding on you and Us and on Our respective successors and assigns.
14.2 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.
14.3 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.
15. Events Outside of Our Control
15.1 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»).
15.2 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:-
i) Strikes, lock-outs or other industrial action.
ii) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
iii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
iv) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
v) Impossibility of the use of public or private telecommunications networks.
vi) The acts, decrees, legislation, regulations or restrictions of any government.
vii) Delays outside our control caused by courier delays or courier failure to deliver.
15.3 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.
16.1 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 any of 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.
16.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
16.3 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 Clause 13.
If any of the terms of these Trading 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.
18. Entire Agreement
18.1 These Trading Terms and Conditions and any document expressly referred to in them represent the entire agreement between Us and you in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 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 implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 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 Trading Terms and Conditions.
19. Our Right to Vary these Trading Terms and Conditions
19.1 We have the right to revise and amend these Trading 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.
19.2 You will be subject to the policies and Trading Terms and conditions in force at the time that you order Products from Us, unless any change to those policies or these Trading 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 Trading Terms and Conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the Trading Terms and Conditions, unless you notify Us to the contrary within 7 working days of receipt by you of the Products).