BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision by Plumb Suite Ltd (“the Supplier”) of bathroom design or fitting or supply services to customers who require any such services to be provided at their home.
These Terms and Conditions apply where the customer is a “Consumer” as defined below.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” | means the formal written legally binding agreement between You and Us, signed by You and Us, in the form attached as Schedule 4 which will incorporate and be on and subject to these Terms and Conditions; | |
“Agreed Times” | means the times which You and We agree for Us to have access to the Property to carry out and complete the Services as specified in the Agreement; | |
“Bathroom” | means the location (at the Property) which is the subject of the Services; | |
“Business” | means any business, trade, craft or profession carried on by You or any other person/organisation; | |
“Consumer” | means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Supplier who receives any Services for their personal use and for purposes wholly or mainly outside the purposes of any Business; | |
“Design Services” | means the details of bathroom design services to be provided as set out in an attachment to the Agreement; | |
“Design Terms and Conditions” | means the terms set out in Schedule 1 that will apply in addition to those set out in Clauses 1- 21 where We are to provide Design Services; | |
“Fitting Services” | means the details of bathroom fitting services to be provided as set out in an attachment to the Agreement; | |
“Fitting Terms and Conditions” | means the terms set out in Schedule 2 that will apply in addition to those set out in Clauses 1- 21 where We are to provide Fitting Services; | |
“Inseparably Mixed Goods” | means Products that have become mixed inseparably (according to their nature) with other Products or other items after delivery; | |
“Model Cancellation Form” | means the model cancellation form attached as Schedule 5; | |
“Order” | means Your initial request for Us to provide a Quotation for any of the Services; | |
“Our Premises” | means Our “business premises” as that expression is defined in the Regulations; | |
“Personalised Goods” | means Products that are made to Your specifications or are clearly personalised; | |
“Price” | means the total sum (as shown on invoices issued in accordance with Clause 6 of these Terms and Conditions) that You must pay for the Services under the Agreement; | |
“Price for the Products” | means, the price We charge You for the Products that We use when We provide any Supply Services, being part or all of the Price payable for Supply Services; | |
“Products” | means the products, materials and other items We supply which are required for Supply Services as such items are specified in the Agreement; | |
“Project” | means the project (if any) within which We will be providing the Services to You; the project may include supply of products, materials, work, or services (including design) by any Third Party Contractor(s) additional to any Services We are to provide; | |
“Property” | means Your home (as detailed in the Order and the Agreement) in which the Bathroom is located; | |
“Quotation” | means the quotation that We give to You, in accordance with Clause 4 and in response to Your Order, detailing the services We will provide to You and the Price We will charge You for, in each case, Design Services, Fitting Services or Supply Services; | |
“Quoted Price” | means the Price set out in the Quotation for Design Services, Fitting Services or Supply Services; | |
“Regulations” | means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; | |
“Services” | means the Design Services and/or Fitting Services and/or Supply Services that We are to provide as specified in a copy of an accepted Quotation attached to the Agreement; | |
“Start Date” | means the date You and We agree on for Us to start providing the Services as specified in the Agreement; | |
“Supply Services” | means the details of Product and other supply services to be provided as set out in an attachment to the Agreement; | |
“Supply Terms and Conditions” | means the terms set out in Schedule 3 that will apply in addition to those set out in Clauses 1-22 where We are to provide Supply Services; | |
“Third Party Contractor” | means any contractor or consultant working on the Project other than Us or a contractor or consultant engaged by Us as Our sub-contractor or agent; | |
“Visit” | means any occasion, scheduled or otherwise, on which We visit the Property to provide any of the Services; | |
“We/Us/Our” | means the Supplier and includes all employees, agents and sub-contractors of the Supplier; | |
“You/Your” | means a Consumer who is a customer of the Supplier. |
- Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, or other means.
- Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
- Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions including the Schedules to it.
- Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
- Words signifying the singular number will include the plural and vice versa.
- References to any gender will include any other gender.
- References to persons, unless the context otherwise requires, include corporations.
- Information About Us
- We are a Private Limited Company.
- We trade under the name Plumb Suite Ltd
- We are registered in England & Wales under number 15631184.
- Our registered office is at Plumb Suite Ltd Suite A, 82 James Carter Road, Mildenhall, Ip28 7de, England, IP28 7DE
- Our main trading address is Plumb Suite Ltd Suite A, 82 James Carter Road, Mildenhall, Ip28 7de, England, IP28 7DE
- Communication and Contact Details
- If You wish to contact Us with questions or complaints, You may contact Us by telephone at 08008 611 411 or by email at complaints@plumbsuite.ltd
- In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
- contact Us by email at sales@plumbsuite.ltd; or
- contact Us by pre-paid post at Plumb Suite Ltd, Plumb Suite Ltd Suite A, 82 James Carter Road, Mildenhall, Ip28 7de, England, IP28 7DE.
- Order, Quotation, Acceptance of Quotation and entering into the Agreement
- You may submit an Order to Us for any of the Services on an Order form which We will provide to You. The Order form will contain prompts for all required information.
- The required information to be inserted in the Order form will include the type of Services You require, the location and size of the Property, and the location and size of the Bathroom.
- Once You have completed the Order and submitted it to Us, and We have discussed Your requirements with You, and obtained any necessary further detail and clarification of any matters from You, We will prepare and sign a Quotation in duplicate and send it to You either by email or first class post.
- Where Your Order requests Us to provide a Quotation for more than one type of Services, We will issue a separate Quotation for each type of Services (i.e. Design, Fitting, or Supply) and We will issue a separate Agreement to govern each such separate Quotation that You accept.
- The Quotation will set out the amount of the Quoted Price and the required Deposit as a percentage of the Quoted Price. The Deposit will be 25% of the Quoted Price (see Clauses 5 and 6).
- You may accept a Quotation by signing and dating one copy of it and returning it to Us within 21 days after the date when We issue the Quotation.
- If You return the Quotation signed by You in accordance with Sub-Clause 4.6, We will then complete any blanks (including the Quoted Price) in the Agreement in accordance with the Quotation, and We will then attach to the Agreement a copy of the Quotation signed by You and Us and will give You that Agreement with its attachments to sign and return to Us. When (but not before):
- You have, within 14 days after We have sent you the Agreement to sign, returned the Agreement signed and dated by You with copy Quotation attached; and
- You have paid the Deposit; and
- We have then signed the Agreement and given You a copy of the Agreement signed by You and Us
A legally binding contract between You and Us will be created for You to pay the Quoted Price and for Us to carry out the particular Services (as the case may be either Design Services or Fitting Services or Supply Services) which are the subject of the Quotation.
- Where We provide Design Services, We will only provide a Quotation for Supply Services or Fitting Services once You have approved the Final Design referred to in Schedule 1.
- Deposit
- You must pay Us the Deposit not more than 7 days after You accept the Quotation.
- Acceptance of a Quotation will only be valid once We receive the Deposit in full.
- The Deposit is non-refundable except as set out in Clauses 13, 14 and 15.
- Payment of Price and VAT
- The Quoted Price for any particular Services will be the Price payable for those Services as shown in the accepted Quotation for those Services.
- The Quoted Price is inclusive of any VAT chargeable. If the rate of any such VAT changes before You accept the Quotation We will adjust the amount of VAT that You must pay.
- We will invoice the Deposit when We receive Your acceptance of the Quotation, and We will invoice the balance of the Price at the stages set out in the Quotation, in each case in the amount which the Quotation states is payable at that stage.
- You must pay any invoice for an amount other than the Deposit within 14 days of receiving it.
- We accept the following methods of payment:
- Credit/Debit Card;
- Cash;
- Cheque;
- Bank Transfer
- If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 0.08% above the base rate of Bank of England from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgement.
- If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
- The Services
- Additional terms and conditions will apply as follows. In addition to Clauses 1-22 of these Terms and Conditions:
- Schedule 1 will apply where We provide You with any Design Services; and/or
- Schedule 2 will apply where We provide You with any Fitting Services; and/or
- Schedule 3 will apply where We provide You with any Supply Services.
- We will provide the Services in accordance with the specification set out in the accepted Quotation and the Agreement (as amended by agreement between You and Us from time to time).
- We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
- We will ensure that We comply with all relevant codes of practice and statutory or regulatory requirements.
- We will at all times hold a valid employer and public liability insurance policy and will hold and keep up to date any and all licences or permits as may be required in order to provide the Services.
- Problems with the Services, Guarantee, and Your Consumer Rights
- In addition to any statutory rights which You may have, We guarantee that the work We carry out, and the materials and products that We supply as part of the Services will be free from material defects or flaws for a guarantee period of 24 months following completion of the Services.
- If any such material defect or flaw appears during the above guarantee period, We will rectify it free of charge as soon as is reasonably possible.
- We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that You inform Us as soon as is reasonably possible (You do not need to contact Us in writing in this case). We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
- We will not charge You for remedying problems under this Clause 8 where the problems have been caused by Us or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work. If We determine that a problem has been caused by a Third Party Contractor, We will not carry out any remedial work and instead will inform You of the problem which You may then follow up with the Third Party Contractor in question.
- As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Services), You have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
- Your Obligations
Except where We only provide Design Services:
- If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You are responsible for obtaining them and You warrant that You have applied for and obtained all such consents, licences or other permissions before We contract with You for the Services.
- You may either give Us a set of keys to the Property or be present at the Agreed Times to give Us access. We promise that all keys will be kept safely and securely by Us.
- You must give Us at least 24 hours notice if You do not require Us to provide the Services on a particular day or at a particular time. We will not invoice You for cancelled Visits provided such notice is given. If less than 24 hours notice is given We will invoice You at Our Normal Hourly Rate set out in Schedule 2 for the length of time We would have attended for that cancelled Visit.
- Third Party Contractors
- Where We or You identify that in order to implement the Project, there are services or products needed in addition to the Services, the following will apply.
- We acknowledge that You may decide to appoint Third Party Contractors to carry out those additional services. It will be Your decision as to whether to appoint any Third-Party Contractor(s) and as to which Third Party Contractor(s) to appoint. We will not be involved in the appointment of such Third-Party Contractors. If You choose to appoint a Third-Party Contractor, the contract in that case will be between You and the Third-Party Contractor. We will not be a party to that contract and We will not be responsible or liable to You for their acts or omissions.
- Where, in order for the Project to be properly implemented, We need to cooperate with any Third Party Contractor(s), We will use reasonable efforts to do so and to ensure that the Services are provided in accordance with the Agreement.
- We will require You to, and You agree to, use reasonable efforts to keep Us informed of the progress of the Project and in particular the activities of any Third Party Contractor(s) whose work may affect Our provision of the Services (whether adversely or otherwise). If Our provision of the Services is delayed by any Third Party Contractor(s), We will have the right to charge You at Our Normal Hourly Rate set out in Schedule 2 for the length of time We are delayed by the Third Party Contractor(s) concerned.
- Complaints and Feedback
- We always welcome feedback from Our customers and, while 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.
- All complaints are handled in accordance with Our complaints handling policy and procedure, available from https://www.plumbsuite.co.uk/customer-complaints-policy-2024/
.
- If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
- In writing, addressed to Matthew Pooley Plumb Suite Ltd Suite A, 82 James Carter Road, Mildenhall, Ip28 7de, England, IP28 7DE matthew.pooley@plumbsuite.ltd
- By email, addressed to Matthew Pooley matthew.pooley@plumbsuite.ltd
- Using Our complaints form, following the instructions included with the form;
- By contacting Us by telephone on 08008 611 411
- Changing the Start Date
- If You ask Us to change the Start Date:
- We will where reasonably possible agree a revised Start Date with You;
- If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).
- If We ask You to change the Start Date, You may either:
- agree a revised Start Date with Us; or
- terminate the Agreement (see Clause 15).
- Cancellation of Contract During the Cooling Off Period
- Where the Agreement is not made on Our Premises, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us (i.e. the Agreement) has been made, and it ends:
- in relation to Products, 14 calendar days after the Products have been delivered. If the Products are delivered in instalments, the 14 calendar day period begins on the day that You receive the final instalment;
- in relation to Services, at the end of 14 calendar days after the date on which the Agreement was made.
This right will not apply to Personalised Goods or Inseparably Mixed Goods.
- If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post or email to the postal address or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
- To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the Agreement.
- We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
- We will process the refund due to You as a result of a cancellation of Services without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
- If You exercise the right to cancel in relation to Products:
- We will issue a refund within 14 calendar days and in any event no later than 14 calendar days after We receive the returned Products and the refund will include standard delivery charges;
- You must return the Products to Us within 14 calendar days of the day on which You inform Us that You wish to return the Products. You must pay return shipment costs if Products are returned under this Clause 13;
- We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You.
- If the Start Date falls within the cooling off period You must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request, You acknowledge and agree to the following:
- If the Services are completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Services are completed;
- If You cancel the Agreement after provision of the Services has begun You will be required to pay for the Services supplied up until the point at which You inform Us of Your wish to cancel;
- The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis; and
- We will process any refund within 14 calendar days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
- Clauses 14 and 15 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.
- Cancellation Before the Start Date
- In addition to Your rights in Clause 13 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Services) at any time before the Start Date as follows:
- If You cancel the Services more than 28 days before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
- If You cancel the Services less than 28 days before the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
- We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of a Force Majeure event (i.e. an event outside of Our reasonable control) as to which see Clause 17. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.
- Termination
- You may terminate the Agreement with immediate effect by giving Us written notice if:
- We have breached the Agreement in any material way and have failed to remedy that breach within 28 days of You asking Us in writing to do so;
- We enter into liquidation or have an administrator or receiver appointed over Our assets;
- You and We have been unable to agree a revised Start Date under Clause 12.1 or You elect to terminate the Agreement under Clause 12.2;
- We are unable to provide the Services due to a Force Majeure event (i.e. an event outside of Our reasonable control) as to which see Clause 17.
- We may terminate the Agreement with immediate effect by giving You written notice if:
- You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.6);
- You have breached the Agreement in any material way and have failed to remedy that breach within 28 days of Us asking You in writing to do so; or
- You and We have been unable to agree a revised Start Date under Clause 12.1;
- We have been unable to provide the Services for more than 4 weeks due to a Force Majeure event (i.e. an event outside of Our reasonable control) as to which see Clause 17.
- For the purposes of this Clause 15, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
- If at the termination date:
- You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
- We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.
- Effects of Termination
If the Agreement is terminated for any reason:
- Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
- Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exists at or before the date of termination.
- Events Outside of Our Reasonable Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations under the Agreement where the failure or delay results from any cause that is beyond Our reasonable control (“Force Majeure”). Such Force Majeure 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, pandemic, or other natural disaster, or any other similar or dissimilar event that is beyond Our reasonable control .
- If any Force Majeure event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under the Agreement:
- We will inform You as soon as is reasonably possible;
- Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform You when the Force Majeure event outside of Our reasonable control is over and provide details of any new dates, times or availability of Services as necessary;
- You or We may terminate the Agreement (see Clause 15).
- Liability and Consumer Rights
- We will maintain suitable and valid insurance including public liability insurance.
- Subject to the following provisions of this Clause 18, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your Property that We may discover while providing the Services.
- We provide Services for domestic and private purposes only. We make no warranty or representation that any Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Whilst We aim to provide the Services to You according to the timetable specified in the Agreement, dates and timeframes for delivery for Products and carrying out the Services are provided for guidance only and We do not guarantee that the Services will be performed or completed by or within those or any other dates or timeframes. For the purposes of the Agreement, time shall not be of the essence and We will not be liable for any loss or damage You suffer as a result of the delivery of any of the Services being delayed or postponed for any reason.
- We will not be liable for any accommodation costs, costs of storage of any domestic equipment or other items, or any other expenses You suffer arising from provision of the Services.
- We will not be liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
- Except as to Our liability for the cost of Our complying with sub-Clause 18.3 (which shall not be limited), Our total liability for loss or damage caused as a result of Our negligence or breach of the Agreement is limited as follows. Where the Agreement relates to:
- Design Services, Our total liability shall be limited to £1, 500.00
- Fitting Services, Our total liability shall be limited to £7,000.00
- Supply Services, Our total liability shall be limited to £3,000.00
- Nothing in this Clause 18 or in any other provisions of the Agreement is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
- As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in this Clause 18 or in any other provisions of the Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
- the Consumer Rights Act 2015;
- the Regulations;
- the Consumer Protection Act 1987; or
- any other consumer protection legislation, as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
- How We Use Your Personal Information (Data Protection)
We will only use Your personal data as set out in Our Privacy Notice available from https://www.plumbsuite.co.uk/privacy-notice/ and attached in Schedule 6.
- Other Important Terms
- We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
- The Agreement 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 the Agreement.
- If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
- No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
- Regulations and Information
- We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and We and You have signed the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see now, or We will make it available to You before We and You sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
- As required by the Regulations:
- all of the information described in sub-Clause 21.1; and
- any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept a Quotation or when making any other decision about Services, will be part of the terms of our contract with You as a Consumer.
- Law and Jurisdiction
- These Terms and Conditions, the Contract, 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.
- As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, 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.