WEBSITE TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the productslisted on our website http://www.thepianoman.ltd.uk to you. Please read these 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 terms and conditions.
You should print a copy of these terms and conditions for future reference. These terms, and any contract between us, are only in the English language.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Information about us
http://www.thepianoman.ltd.uk is a site operated by The Pianoman Limited (We or Us). We are registered in England and Wales under company number 4325143 and we have our registered office at York House, Cottingley Business Park, Bradford, BD16 1PE. Our main trading address is 170 Easterly Road, Leeds, LS8 3AD. Our VAT number is 789 2571 72.
Our site is only intended for use by people resident in Great Britain. We do not accept orders from individuals outside Great Britain.
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old;
You are resident in Great Britain; and
You are accessing our site from Great Britain.
How the contract is formed between you and us
Your order constitutes an offer to us to buy a Product. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.2 below. After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
All orders are subject to acceptance by us. We will confirm our acceptance of your order by sending you a delivery note with the Product when it has been dispatched (the Delivery Notice). The contract between us (Contract) will only be formed when we send you the Delivery Notice.
The Contract will relate only to those Products whose dispatch we have confirmed in the Delivery Notice. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Delivery Notice. However, our order process does of course allow you to check and amend any errors before submitting your order to us, and we will send you a confirmation of your order, which you should check to ensure that it describes what you want. Our Delivery Notice will reflect the details of your order that are set out in our emailed confirmation of your order.
Our status as principal
Please note that in some cases, in order to make our service to you quicker and more efficient we accept orders as the principal seller but ask our supplier to deliver them directly to you. However, the legal contract is always between you and us (and not with our supplier), and is subject to these terms and conditions.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
We will contact you with an estimated delivery date.
Delivery of an order shall be completed when we deliver the Products to the delivery address you gave us and the Products will be your responsibility from that time.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will pass to you upon delivery provided that we have received full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of any Products and delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices include VAT but exclude delivery costs, which will be added to the total amount due depending on the method of delivery selected before payment is taken.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation of your order.
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 dispatch 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.
We are under no obligation to provide the Product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
Returns and Refunds
Clauses 9.1 and 9.10 only apply if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of Products made to your specification or clearly personalised.
Your legal right to cancel a Contract starts from the date of the Delivery Notice (the date on which we confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
You can also cancel your order for Products at any time prior to the date of the Delivery Notice.
To cancel a Contract, you need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form shown at Annex A of these terms and conditions. If you use this method we will e-mail you to confirm we have received your cancellation.
If you cancel your Contract we will:
refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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 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 for diminished value. In particular, in order to protect the Products in transit, you must re-pack them in the same manner in which they were packed when they were delivered to you, or use a specialist courier to return the Products to us (in respect of which see clause 9.8.2 below).
refund any delivery costs you have paid although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
We will refund you on the credit card or debit card used by you to pay.
If a Product has been delivered to you before you decide to cancel your Contract:
You must return it to us without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is 170 Easterly Road, Leeds, LS8 3AD.
Unless the Product is faulty or not as described you will be responsible for the cost of returning Products to us. We estimate that the cost of a specialist courier to return the Products to us will be around £150 for a long distance journey (to our premises in Leeds) or around £80 for a more local journey.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
If the Products are faulty or mis-described, and we agree that they are faulty or mis-described, we will exchange the Products or refund the price of the Products in full, together with any applicable delivery charges (whichever you decide). We will arrange for collection and return of the Products through our nominated carrier, which shall be at our cost.
Clause 9.11 only applies if you are a business.
If the Product you have ordered is delivered faulty or mis-described, we will exchange the Product or provide you with a full refund (whichever you decide). If you believe the Product is faulty or mis-described, you must notify us within 24 working hours of the Product being delivered to you and we will arrange for collection and return of the Product which shall be at our cost. We will examine the returned Product and will notify you of your refund or exchange via e-mail within a reasonable period of time.
For the purposes of clauses 9.11, “working hours” means 9am to 5pm on any day other than Saturday, Sunday or any public holiday in England.
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
This does not include or limit in any way our liability:
for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(only if you are a consumer and not a business) for any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Our liability to you for any other losses or damage (beyond those referred to in clause 10.2 above) you may suffer as a result of us breaking the Contract (whether the losses arise in contract, tort, negligence, breach of statutory duty or otherwise) is strictly limited to the purchase price of the Product you purchased from us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Contacting us if you are a consumer:
To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form shown at Annex A. If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact us by telephone on  or by post to 170 Easterly Road, Leeds, LS8 3AD. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at [[email protected]].
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Contacting us if you are a business:
You may contact us by e-mailing us at [[email protected]] or by post to 170 Easterly Road, Leeds, LS8 3AD.
Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assignees.
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.
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.
Events outside our control
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 (Event Outside our Control).
An Event Outside our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that an Event Outside our Control 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 an Event Outside our Control to a close or to find a solution by which our obligations under the Contract may be performed despite an Event Outside our Control.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 11 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Variation & Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. Any variations from these terms and conditions shall only be effective if confirmed in writing.
Clause 16.2 and 16.3 only apply if you are a business
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. Nothing in clauses 16.2 or 16.3 shall operate to exclude any liability for fraud.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us.
We may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Law and jurisdiction
If you are a consumer, please note that these terms and conditions are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
To The Pianoman Limited 170 Easterly Road, Leeds, LS8 3AD:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [ ],
Ordered on [* ]/received on [* ],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.
The Pianoman Limited: Terms and conditions for the supply of goods to consumers.
The customer’s attention is drawn in particular to the provisions of clause 8.
The definitions in this clause apply in the terms and conditions set out in this document:
Force Majeure Event: shall have the meaning given in clause 9.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods as set out overleaf.
Order Confirmation: shall have the meaning set out in clause 2.5.
Terms: the terms and conditions set out in this document.
writing: or written includes faxes and e-mail. Headings do not affect the interpretation of these terms.
Basis of sale
We consider that these Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods they describe.
If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
These Terms shall become binding on you and us when:
we issue you with written acceptance of an Order (Order Confirmation); or
we notify you that the Goods are ready,
whichever is the earlier, at which point a contract shall come into existence between us.
Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
You may within 7 calendar days of placing an Order exchange Goods or amend an Order by providing us with written notice provided the Goods have not already been delivered. These Terms will apply to any amended or exchanged Goods.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
Subject to you first relying upon any manufacturers warranty, to the extent one is given, we warrant that on delivery, and for a period of 6 months from the date of delivery, the Goods shall:
conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements or any other documents;
be of satisfactory quality;
be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
be free from material defects in design, material and workmanship; and
comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
Defective goods and returns
In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery. We will collect the Goods on a date agreed between us at our cost and once we have checked that the Goods are faulty, we will:
provide you with a full or partial refund;
replace the Goods; or
repair the Goods.
These Terms will apply to any repaired or replacement Goods we supply to you.
We will deliver the Goods to you within 7 calendar days of the date on which we notify you that they are ready.
Delivery of the Order shall be completed when we deliver the Goods to you.
We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
If you fail to take delivery of an Order within 7 calendar days of the date on which we notify you that the Goods are ready, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance.
we shall have no liability to you for late delivery.
If you have not taken delivery of the Goods within two weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
Title and risk
The Goods will be your responsibility from the time of delivery.
Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
Price and payment
The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
These prices exclude delivery costs, which will be added to the total amount due.
It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ 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 Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
Unless agreed otherwise payment for all Goods must be made in advance by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
Clause 7.6 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
Limitation of liability
Subject to clause 8.3 and clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
Subject to clause 8.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
loss of income or revenue;
loss of profit;
loss of business;
loss of anticipated savings;
loss of data; or
any waste of time.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
Nothing in this agreement excludes or limits in any way our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; or
pandemic or epidemic.
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to The Pianoman Limited at 170 Easterly Road, Leeds, LS8 3AD OR [email protected]. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
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