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Terms of Sale

These Terms of Sale, and any documents referred to herein, set out the terms and conditions governing your purchase of any goods and/or services on or via our website, https://hypestar.com (our website).

By using purchasing goods and/or services on or via our website, you agree to be bound by, and to comply with, these Terms of Sale.

The Terms of Sale are effective from 1st January, 2018 and updated on 10th February, 2021.

Please read these Terms of Sale carefully before you place an order for goods and services on or via our website. We recommend that you print off a copy of these Terms of Sale for your records, as well as any future versions, as we may update them from time to time.

Our details

  • V-ESQ Ltd (we, our and us) operates the website.
  • V-ESQ Ltd is a limited liability company incorporated in England and Wales (company number 10850462). Our registered address is 124 City Road, London, EC1V 2NX. Hypestar is a trading name of V-ESQ Ltd.
  • Our contact form is at https://hypestar.com/contact-us.

Your agreement to these Terms of Sale

  • By placing an order for goods and/or services on our website, you agree to be bound by these Terms of Sale.
  • If for any reason whatsoever you do not agree to these Terms of Sale or do not wish to be bound by them, you must not purchase goods or services on or via our website.

Other documents governing your purchase of goods and/or services on our website

In addition to these Terms of Sale, your purchase of goods and/or services on our website is also governed by the following documents:

  • Our privacy policy, which is available at https://hypestar.com/privacy-policy. Our privacy policy governs our use of your personal information. It sets out the types of personal information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances, and for what reasons, and any other relevant information relating to our use and/or processing of your personal information and your rights in relation to your personal information; and
  • Our cookies policy, which is available at https://hypestar.com/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device, or browser, and other relevant information relating to cookies, such as how to change your preferences to accept or reject cookies.
  • Our terms of use, which is available at https://hypestar.com/terms-of-use. Our terms of use set out the terms and conditions on which you are permitted to use our website.
  • By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Sale and the terms and policies listed above.

Entry into our Terms of Sale and sale process

  • Our presentation of goods and/or services on our website, whether such goods and/or services have prices displayed with them or not, constitutes an invitation to treat and not an offer.
  • By placing an order on our website or otherwise (e.g. over the phone or by email), you are making an offer to purchase the goods and/or services which you have added to your cart.
  • We may accept your offer, and thereby enter into a binding contract (in the form of these Terms of Sale) with you, by sending you an order receipt confirmation to the email address you have provided when you placed your order.
  • If we are unable to accept your order, we will endeavour to inform you of this by writing to the email address you have provided when you placed your order, and the reasons about why we are unable to accept your order, as soon as reasonably practicable after you have placed your order.
  • Unless you have opted to pay by direct bank transfer or any other method approved by us in advance of sale, your payment for your order will be processed by one of our payment providers, PayPal or Stripe.

Orders placed on our website

  • Where you place an order on our website you will be provided with a unique order number in the order confirmation email we send you. If you need to contact us about your order, please quote this order number.

Geographical restrictions on provision of our products and/or services

  • If you are outside of the UK, you are welcome to place an order for goods and/or services on our website but we cannot guarantee that we will be able to provide you with those goods and/or services.
  • If we are unable to provide you with our goods and/or services because you are based outside the UK, we will endeavour to inform you of this as soon as reasonably practicable after the time when you have placed your order and cancel your order.
  • You should be aware that if you are based outside the UK, your purchases may be subject to additional local taxes and/or import duties.

Our goods and services

  • Our goods and services consist of the following as well as any additional goods and/or services displayed on our website from time to time:
    • (a) clothing;
    • (b) accessories.

Appearance of our goods and services

  • We do not guarantee that our goods and/or services will appear exactly as they have been viewed or described on our website at the time when you purchased them and they may be subject to minor variations such as (without limitation) style, fabric, colour and fit.
  • Our products and services may appear different when received, because of the particular device you are using.
  • You should ensure you have read and are familiar with the full description of our goods and services, both in these Terms of Sale and on our website before placing an order for those goods and/or services. 

Changes to our goods and services

  • We may change the products on our website from time to time as a result of changes in relevant law and regulation, for example, to update our website as a result of a relevant change in law affecting the information that a website owner is required to provide on their website or where we deem that a change should be made in our sole discretion.
  • Such changes may render the goods and/or services displayed on our website from time to time different to those which you purchased from us.
  • We will not be liable to you in any way for any changes we make to our products and/or services available on our website from time to time and the products and/or services which we have provided to you shall be those provided to you at the time when we accepted your order.

Prices

  • We may change the prices quoted for our goods and services displayed on our website from time to time.
  • The price you will need to pay for your goods and/or services will be confirmed to you at the point when you place your order at the checkout stage, unless there is an error in the price at that time (e.g. the price quoted differs to prices quoted elsewhere on our website), in which case you should inform us of this fact before you place your order and/or we will notify you of the error soon after you place the order and a binding contract will not be formed.
  • We will seek to resolve any such price discrepancy as soon as reasonably practicable and confirm the correct price for the goods and/or services you have ordered and enter into these Terms of Sale with you on the basis of the correct price.
  • Unless we inform you or agree otherwise, you must make payment in full for the goods and/or services you order on or via our website at the time when you place your order. We will provide you or begin providing you with the goods and/or services only once we have received that payment and shall be under no obligation to provide you with such goods and/or services if we have not received such payment.
  • Where any delivery charge is payable, it will be visible at the checkout stage or otherwise confirmed to you before you place your order for our goods and/or services.
  • Unless indicated otherwise on our website, all prices quoted on our website are inclusive of UK Taxes (e.g. VAT). You will bear the cost of any other local taxes for your country such as (without limitation) import taxes.

Promotion and Discount Codes

  • Where we display discounts, time limits or any other special terms applicable to the products on our website from time to time, these shall constitute invitations to treat, not contractual offers and, where time limits or other special terms apply, such terms shall only represent our intention to apply such terms at that point in time and we reserve the right to amend, revise, cancel, extend or take any other action in relation to such discounts, time limits and special terms at any point and for any reason we deem appropriate, in our sole discretion.
  • Any discount and promotional codes should be entered during the checkout process to be valid.
  • Discounts and discount thresholds exclude delivery charges unless where indicated.
  • Discounts cannot be used in conjunction with any other offers.
  • Our exclusive offers are only applicable to website purchases.

Payment

  • You must pay for the goods and/or services you order using a credit or debit card, via PayPal or Stripe. If we accept any other method of payment, if it will be made available to you prior to you placing your order or via one of our third party payment processors (being PayPal or Stripe or any other third party payment processor we use from time to time).
  • Unless otherwise agreed in advance of purchase, payment must be made for our goods and/or services prior to their delivery or being made available.
  • Where you fail to pay for goods and/or services you have ordered in accordance with these Terms of Sale, we reserve the right to charge interest at a rate of 3% per annum above the base rate of Barclays Bank plc in the United Kingdom from time to time. We may also cancel your order and terminate these Terms of Sale.
  • We reserve the right to charge you for any unauthorised or unjustified charge backs you make (whether by credit or debit card or otherwise) for services you have purchased and you agree to indemnify us in respect of any reasonable costs we incur in relation to such chargebacks, including the recovery of the payment we have received from you.

Our warranties

  • We warrant that we have taken reasonable steps to ensure that our products comply with:
  • (i) UK and EU law;
  • We make no further or additional warranties in respect of our goods and/or services and all terms implied by statutes, common law or otherwise are excluded to the maximum extent permitted by law.

Your warranties

  • You warrant to us that you are at least 18 years of age or such higher age as is required in order to allow you to enter into these Terms of Sale as a legally binding contract between you and us, whether for yourself or any person or entity on behalf of whom you are purchasing our goods and/or services for.
  • You warrant that you will only use our products and/or services for lawful, legal and moral purposes and not in any way that would bring harm or disrepute on us or our business.
  • You warrant that you do not and will not compete with us directly or indirectly in any way whatsoever and that any products or services you purchase from us will not be used to compete with us in any way whatsoever.
  • Nothing in these Terms of Sale shall act to exclude or limit any of your statutory or legal rights to the extent that they cannot be excluded or limited by these Terms of Use.

Changes we may make to these Terms of Sale and other documentation

We reserve the right to update these Terms of Sale, our terms of use, our privacy policy, our cookies policy, and any other documentation referred to in them from time to time. We may change our Terms of Sale and other documentation for any reason, including:

(a) to reflect any changes in the way we carry out our business;

(b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments in the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;

(c) to accurately describe our current data processing activities so that you are kept up to date with our latest practices;

(d) to inform you of any changes in the way that we use cookies; or

(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

  • If and to the extent required by law, we will provide you with notice of any changes in these Terms of Sale or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Sale or other such documentation on our website with a new effective date stated at the beginning of them.
  • Any changes we make to these Terms of Sale shall not affect the Terms of Sale you entered into with us if and when you placed a previous order on or via our website. However, you should print off a copy of the Terms of Sale you enter into when you place an order on our website as we may not retain or make available previous Terms of Sale publicly on our website.
  • You must check these Terms of Sale and all other documentation referred to in them each time you order goods or services from us in order to ensure that you are aware of the terms that apply to you at that time.
  • The date that these Terms of Sale and or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is described as that document’s “effective date”.

CONSUMER PURCHASES – RETURNS POLICY

If you are purchasing products from our website as a consumer, you are able to return any product for any reason, within 14 calendar days of receiving that product under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”).

The Regulations will only apply to you if you are purchasing products as a consumer. If you are purchasing products from us in the course of a trade or business, then you will not be considered a consumer and you will not be entitled to make use of the returns policy set out in this section. We may require you to provide evidence to us of any claim that you have made a purchase as a consumer, if it appears to us that this is not correct. Products which are purchased in the course of a business or trade may only be returned if they are defective (please see our Defective Products policy below for further information).

If you inform us no later than 14 days after receiving your purchase that you wish to cancel your order or return it to us, you will receive a full refund of the price paid for the product, subject to the following conditions and exclusions.

To exercise your rights to cancel your order or to return your products, you may use the refund request button in “My Account” for any newly completed order.

Terms of cancellation and return of products:

  • We will be entitled to make a deduction from your reimbursement to cover any damage or reduction in value of any Product(s) which you return to us. This includes deducting up to the entire amount, if the product you return to us is no longer in a state which is suitable for resale.
  • We will make the reimbursement to you no later than 14 days after the day we receive back from you any product(s) supplied or, if your order had not yet been dispatched, within 14 days of you informing us that you wish to cancel your order.
  • We may withhold reimbursement until we have received back any product(s) which have been dispatched.
  • We will make the reimbursement using the same means of payment as you used for the initial transaction.
  • You will have to bear the costs of returning the product(s).
  • You will be refunded the amount you paid for the product(s) returned, subject to our right to deduct from your refund any damage or misuse of the product(s). In the event you return to us any product which is not in a fit state to be re-sold, we will not be obligated to make any refund to you.
  • You should therefore take all reasonable care of any products while in your possession. Once you decide to return any product you must not use it any further. The product must be returned to us undamaged, unsoiled, unwashed, unaltered or not worn (other than to try the product on) and in the same state that it was sold to you. Please note that where possible, any labels or tags must remain intact and the product should be returned in or with its original packaging. If you fail to comply with this obligation, we may reduce or cancel completely any refund to you.

Returning via post, please follow the instructions outlined below:

  • Print your order receipt and pack with your item(s).
  • The returns address is: Hypestar, PO Box 2569, London, W1A 3LQ, United Kingdom.
  • Take the parcel to a Post Office or courier. Ask the Post Office or courier for your proof of posting certificate. You should retain this until you receive your refund. Regrettably we can only provide a refund for a lost return once we have been provided with a proof of postage certificate.

It is your responsibility to keep all return receipts, making a shipment by registered mail or by any other means necessary to enable a precise proof of the sending date.

Defective Products

If you believe that any of our products are defective due to a manufacturing fault, or they do not meet the terms of your order, please contact us using our contact form at https://hypestar.com/contact-us.

If you return a defective product to us (which must be by post) we will examine the returned product and will notify you if you are entitled to a refund via email within a reasonable period of time. We will process any refund due to you as soon as possible and, in any case within 30 calendar days of the day we confirmed to you via email that you are entitled to a refund for the defective product. Where you are entitled to a refund, we will also refund the costs of the delivery charges.

Promotion and discount codes

If you decide to return an order that has been purchased with a discount applied, the amount refunded will be subject to the minimum spend of the discount code. This means that if the items returned bring the remaining total below the minimum spend of the discount code then the discounted amount will be deducted from the refund. For example, a £10 discount (with a minimum threshold spend of £50 – excluding the delivery charge) will be removed if the returned Product(s) returned brings the total order value below £50.

Returning an order with a free postage discount (which has not been provided as a code) will not affect the refund value.

Any single use discount codes used for a purchase that has been returned will not be valid for another purchase.

Our termination rights

  • We have the right to terminate these Terms of Sale in the event that you breach any terms contained herein, in particular in regard to infringement of our copyright or fail to make payment for and goods and/or services you have ordered in accordance with the terms of these Terms of Sale.

Your account details

  • If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person.  You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
  • Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
  • You may never use another’s account without their permission.  When creating your account, you must provide accurate and complete information.  You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself.  You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current, and complete.  You agree to update your information as necessary to maintain its truth and accuracy.
  • We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Sale or any other documentation referred to in them, including, without limitation, any suspected unauthorised access to your account, or any unauthorised disclosure of your login information.
  • If you know or suspect that the confidentiality of your login information has been compromised, for example, by disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us using our contact form at https://hypestar.com/contact-us.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

  • We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
  • If you use our website, different exclusions of liability may apply. These are contained in our terms of use.

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

(a) YOUR USE OF OUR WEBSITE;

(b) ANY CORRUPTION OR LOSS OF DATA;

(c) ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON);

(d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

(e) OUR GOODS AND/SERVICES AND YOUR USE THEREOF;

(f) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;

(g) ANY LOSS OF REPUTATION OR GOODWILL;

(h) ANY LOSS OF SAVINGS;

(i) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

(j) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.

  • You specifically agree that we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk or harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

We exclude any liability to you to the extent that it is caused by a delay beyond our control. This includes where we are unable to provide you with any goods and/or services you have ordered as a result of such a delay.

You agree that, to the maximum extent permitted by law, no third party shall be liable for any losses, costs, damages, expenses or liabilities you incur as a result of your purchase of any products and/or services or otherwise and you agree to hold any third parties harmless and waive your right to any claims you may have against them in law, whether in tort, contract or otherwise, again, to the maximum extent permitted by law.

To the extent that any of the provisions of clause EXCLUSONS AND LIMITATIONS OF LIABILITY are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

(a) your uploads or your access to or use of the website;

(b) your breach or alleged breach of these Terms of Sale;

(c) your violation of our or any third-party’s right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(e) any misrepresentation made by you.

You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

DISCLAIMERS

OUR WEBSITE AND ANY GOODS AND/OR SERVICES YOU PURCHASE FROM US ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO OUR GOODS AND/OR SERVICES AND:

(a) THE SERVICE;

(b) THE WEBSITE CONTENT;

(c) USER CONTENT; OR

(d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SALE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

AGE RESTRICTIONS FOR PURCHASES MADE ON OUR WEBSITE

Our website and our goods and services are not intended for use or purchase by individuals under the age of 18 or any higher age required for a contract to be binding on any such individual under applicable law.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR GOODS OR SERVICES, OR SUBMIT ANY PERSONAL INFORMATION TO US.

We do not knowingly or intentionally process the personal information of any individual under the age of 18 (or any higher age required for a contract to be binding on any such individual under applicable law) or offer or enter into contracts for the sale of goods or services with any individual below such age.

Conflict

The terms of this Terms of Sale shall prevail over any other terms which may conflict with them.

Severance

In the event that any term(s) of these Terms of Sale are found by a court of competent jurisdiction to be void, invalid, illegal, unenforceable or non-binding, it shall be modified to the minimum extent necessary to make it valid, legal, effective and binding, giving effect to the purpose of the original term.  In the event that such modification of the term is not possible, it shall be deleted from these Terms of Sale. Where a term is defective by reason of only a partial term, sub-clause or part-provision of the term, and that such modification is not capable of remedying the defect, that defective partial term, sub-clause or part-provision alone shall be deleted.  No deletion of any term or partial term under this clause shall affect the validity of the rest of these Terms of Sale.

Assignment

We may assign, transfer or otherwise deal with in any way whatsoever, any of our rights and obligations under these Terms of Sale. You may not assign, transfer or otherwise deal with in any way whatsoever, any of your rights and obligations under these Terms of Sale.

Waiver

Any failure or delay by us to exercise any of the rights or remedies that we may have under these Terms of Sale or otherwise shall not constitute a waiver of those rights or remedies, or any other rights or remedies that we may have against you or any other person at any time. Any exercise of our rights and remedies under these Terms of Sale or otherwise shall not restrict us in any way from the further exercise of those same rights or remedies, or any other rights or remedies that we may have against you or any other person at any time.

Third party rights

Save and except as expressly provided in these Terms of Sale, no person other than a party to this agreement shall have any rights or remedies (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) in respect of these Terms of Sale.

Reservation of rights

The rights and remedies arising under these Terms of Sale are in addition to any rights and remedies arising under law.

Entire agreement

Except in the case of fraud or fraudulent misrepresentation, these Terms of Sale constitute the entire agreement between you and us in relation to your purchase of goods and/or services on or via our website and you shall not be entitled to rely on any pre-contractual representation or statement we have made before you entered into these Terms of Sale.

You further agree that you shall have not have, and waive all rights in respect of, any right you may have in respect of any pre-contractual representations or statements made to you by us prior to your entry into these Terms of Sale.

Governing law and jurisdiction

These Terms of Sale, any documents they refer to, and any disputes arising from or in relation to them, whether contractual or not, shall be governed by and construed in accordance with English law.

The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Sale or any documents they refer to.

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