Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) SET OUT BELOW CAREFULLY BEFORE ORDERING ANY GOODS OR SERVICES FROM THIS WEBSITE. BY ORDERING ANY GOODS OR SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. DEFINITION
“AGREEMENT” IS A REFERENCE TO THESE TERMS AND CONDITIONS, THE PRIVACY POLICY,
ANY ORDER FORM AND PAYMENT INSTRUCTIONS PROVIDED TO YOU;
“GOODS” IS A REFERENCE TO ANY GOODS WHICH WE MAY OFFER FOR SALE FROM OUR
WEBSITE FROM TIME TO TIME;
“PRIVACY POLICY” MEANS THE POLICY DISPLAYED ON OUR WEBSITE WHICH DETAILS HOW WE
COLLECT AND STORE YOUR PERSONAL DATA;
“SERVICE” OR “SERVICES” IS A REFERENCE TO ANY SERVICE WHICH WE MAY SUPPLY AND
WHICH YOU MAY REQUEST VIA OUR WEBSITE;
“YOU”, “YOUR” AND “YOURS” ARE REFERENCES TO YOU THE PERSON ACCESSING THIS
WEBSITE AND ORDERING ANY GOODS OR SERVICES FROM THE WEBSITE;
“WE”, “US” AND “OUR” ARE REFERENCES TO Greater than most OF 151 merlin crescent,
townhill, swansea, sa1 6pw,; AND
“WEBSITE” IS A REFERENCE TO OUR WEBSITE WWW.Greaterthanmost.COM ON WHICH WE
OFFER OUR GOODS OR SERVICES.
2. ORDERING
2.1. ANY CONTRACT FOR THE SUPPLY OF GOODS OR SERVICES FROM
THIS WEBSITE IS BETWEEN YOU AND GREATER THAN MOST LIMITED. YOU AGREE TO TAKE
PARTICULAR CARE WHEN PROVIDING US WITH YOUR DETAILS AND WARRANT THAT THESE
DETAILS ARE ACCURATE AND COMPLETE AT THE TIME OF ORDERING. YOU ALSO WARRANT
THAT THE CREDIT OR DEBIT CARD DETAILS THAT YOU PROVIDE IS YOUR OWN CREDIT OR
DEBIT CARD AND THAT YOU HAVE SUFFICIENT FUNDS TO MAKE THE PAYMENT. `
2.2. GOODS AND SERVICES PURCHASED FROM THIS WEBSITE ARE
INTENDED FOR YOUR USE ONLY AND YOU WARRANT THAT ANY GOODS PURCHASED BY YOU ARE
NOT FOR RESALE AND THAT YOU ARE ACTING AS PRINCIPAL ONLY AND NOT AS AGENT FOR
ANOTHER PARTY WHEN RECEIVING THE SERVICES.
2.3. PLEASE NOTE THAT SOME OF OUR GOODS MAY BE SUITABLE FOR
CERTAIN AGE RANGES ONLY. YOU SHOULD CHECK THAT THE PRODUCT YOU ARE
ORDERING IS SUITABLE FOR THE INTENDED RECIPIENT.
2.4. WHEN ORDERING FROM THIS WEBSITE YOU MAY BE REQUIRED TO
PROVIDE A USERNAME AND PASSWORD. YOU MUST ENSURE THAT YOU KEEP THESE DETAILS
SECURE AND DO NOT PROVIDE THIS INFORMATION TO A THIRD PARTY.
2.5. WE WILL TAKE ALL REASONABLE CARE, IN SO FAR AS IT IS IN
OUR POWER TO DO SO, TO KEEP THE DETAILS OF YOUR ORDER AND PAYMENT SECURE, BUT
IN THE ABSENCE OF NEGLIGENCE ON OUR PART WE CANNOT BE HELD LIABLE FOR ANY LOSS
YOU MAY SUFFER IF A THIRD PARTY PROCURES UNAUTHORISED ACCESS TO ANY DATA YOU
PROVIDE WHEN ACCESSING OR ORDERING FROM THE WEBSITE.
2.6. ANY ORDER THAT YOU PLACE WITH US IS SUBJECT TO PRODUCT
AVAILABILITY AND ACCEPTANCE BY US. WHEN YOU PLACE YOUR ORDER ONLINE WE
WILL SEND YOU AN EMAIL TO CONFIRM THAT WE HAVE RECEIVED IT. THIS EMAIL
CONFIRMATION WILL BE PRODUCED AUTOMATICALLY SO THAT YOU HAVE CONFIRMATION OF
YOUR ORDER DETAILS. THE FACT THAT YOU RECEIVE AN AUTOMATIC
CONFIRMATION DOES NOT NECESSARILY MEAN THAT WE WILL BE ABLE TO MEET YOUR
ORDER. ONCE WE HAVE SENT THE CONFIRMATION EMAIL WE WILL THEN CHECK
AVAILABILITY AND CONTACT YOU WITH A FURTHER EMAIL. IF THE GOODS ARE
AVAILABLE AND THE DETAILS OF THE ORDER ARE CORRECT, THIS EMAIL WILL BE DEEMED
AN ACCEPTANCE AND WILL SPECIFY DELIVERY DETAILS AND CONFIRM THE PRICE OF THE
GOODS PURCHASED. IF THE GOODS ARE NOT AVAILABLE WE WILL ALSO LET
YOU KNOW BY EMAIL.
2.7. ALL PRICES LISTED ON THE WEBSITE ARE CORRECT AT THE TIME
OF PUBLICATION HOWEVER WE RESERVE THE RIGHT TO ALTER THESE IN THE FUTURE.
WE ALSO RESERVE THE RIGHT TO ALTER THE GOODS OR SERVICES AVAILABLE FOR SALE ON
THE WEBSITE AND TO DISCONTINUE ANY PRODUCT LINE OR SERVICE.
2.8. THE CONTRACT FOR THE GOODS OR SERVICES WILL BE ACCEPTED
AT THE TIME OF DESPATCH OF YOUR ORDER. WE WILL CONFIRM THIS TO YOU IN WRITING.
YOU MUST INFORM US IMMEDIATELY IF ANY DETAILS ARE INCORRECT. IF YOUR ORDER HAS
NOT BEEN ACCEPTED YOU WILL BE NOTIFIED OF THIS IN WRITING TOGETHER WITH THE
REASONS.
3. PRICES AND PAYMENT
3.1. ALL PRICES LISTED ON THE WEBSITE ARE CORRECT AT THE TIME
OF PUBLICATION HOWEVER WE RESERVE THE RIGHT TO ALTER THESE IN THE FUTURE.
PRICES ARE INCLUSIVE OF THE RELEVANT SALES TAX BUT EXCLUSIVE OF DELIVERY
CHARGES WHICH WILL BE ADDED TO YOUR ORDER.
3.2. THE TOTAL PRICE FOR GOODS OR SERVICES ORDERED, INCLUDING
DELIVERY CHARGES, WILL BE DISPLAYED ON THE WEBSITE WHEN YOU PLACE YOUR ORDER.
FULL PAYMENT MUST BE MADE BEFORE GOODS ARE DESPATCHED OR SERVICES PROVIDED.
3.3. YOU MUST PAY FOR YOUR ORDER BEFORE IT IS DELIVERED AND
YOU CAN DO SO BY DEBIT OR CREDIT CARD. TO ENSURE THAT SHOPPING
ONLINE IS SECURE, YOUR DEBIT/CREDIT CARD DETAILS WILL BE ENCRYPTED TO PREVENT
THE POSSIBILITY OF SOMEONE BEING ABLE TO READ THEM AS THEY ARE SENT OVER THE
INTERNET. YOUR CREDIT CARD COMPANY MAY ALSO DO SECURITY CHECKS TO
CONFIRM IT IS YOU MAKING THE ORDER.
4. DELIVERY
4.1. DELIVERY PERIODS QUOTED AT THE TIME OF ORDERING ARE
APPROXIMATE ONLY AND MAY VARY. GOODS WILL BE DELIVERED TO THE ADDRESS NOMINATED
BY YOU AT THE TIME OF ORDERING.
4.2. TIME IS NOT OF THE ESSENCE FOR THE DELIVERY OF ANY GOODS
OR SERVICES SUPPLIED UNDER THIS AGREEMENT.
4.3. ALL ORDERS ARE DELIVERED BY A REPUTABLE
COURIER. WE WILL MAKE EVERY EFFORT TO DELIVER WITHIN THE TIME
STATED HOWEVER WE WILL NOT BE LIABLE FOR ANY LOSS CAUSED TO YOU BY LATE
ORDERING. IF THE GOODS ARE NOT DELIVERED WITHIN THE ESTIMATED
DELIVERY TIME WHICH WE QUOTE, PLEASE CONTACT US BY TELEPHONE OR EMAIL AND WE
WILL TRY TO ENSURE THAT YOU RECEIVE YOUR ORDER AS QUICKLY AS POSSIBLE.
4.4. NO REFUNDS OF THE DELIVERY CHARGE ARE MADE FOR LATE
DELIVERIES.
4.5. INCOMPLETE ORDERS MUST BE NOTIFIED TO US AS SOON AS
POSSIBLE FOLLOWING DELIVERY AND WITHIN 3 DAYS OF DELIVERY. WE WILL EITHER
ARRANGE FOR THE MISSING ITEMS TO BE DELIVERED TO YOU AT NO EXTRA COST OR REFUND
YOU THE ORIGINAL COST OF THE MISSING ITEMS.
4.6. ALL RISK IN THE GOODS SHALL PASS TO YOU UPON DELIVERY.
4.7. IF YOU FAIL TO ACCEPT DELIVERY OF THE GOODS AT THE TIME
THEY ARE READY FOR DELIVERY, OR WE ARE UNABLE TO DELIVER THE GOODS AT THE
NOMINATED TIME DUE TO YOUR FAILURE TO PROVIDE APPROPRIATE INSTRUCTIONS,
DOCUMENTATION, LICENCES, CONSENTS OR AUTHORISATIONS, THEN THE GOODS SHALL BE
DEEMED TO HAVE BEEN DELIVERED TO YOU AND ALL RISK AND RESPONSIBILITY IN
RELATION TO SUCH GOODS SHALL PASS TO YOU. ANY STORAGE, INSURANCE AND OTHER
COSTS WHICH WE INCUR AS A RESULT OF THE INABILITY TO DELIVER THE GOODS SHALL BE
YOUR RESPONSIBILITY AND YOU SHALL INDEMNIFY US IN FULL FOR SUCH COST.
4.8. YOU MUST ENSURE THAT AT THE TIME OF DELIVERY OF THE
GOODS ADEQUATE ARRANGEMENTS, INCLUDING LABOUR AND ACCESS WHERE NECESSARY, ARE
IN PLACE FOR THE SAFE DELIVERY OF THE GOODS. WE CANNOT BE HELD LIABLE FOR ANY
DAMAGE, COST OR EXPENSE INCURRED TO THE GOODS OR PREMISES WHERE THIS ARISES AS
A RESULT OF A FAILURE TO PROVIDE ADEQUATE ACCESS OR ARRANGEMENTS FOR DELIVERY.
4.9. WHERE DELIVERY IS OUTSIDE THE UK, YOU MAY BE LIABLE TO
PAY ADDITIONAL TAX OR DUTY ONCE THE GOODS REACH YOUR COUNTRY. THIS MAY VARY
FROM COUNTRY TO COUNTRY. PLEASE CONTACT YOUR LOCAL CUSTOMS OFFICE FOR MORE
INFORMATION.
4.10. PLEASE NOTE THAT GOODS MAY BE SUBJECT TO INSPECTION BY
YOUR LOCAL CUSTOMS OFFICE WHERE DELIVERY IS OUTSIDE THE UK.
5. YOUR INFORMATION
5.1. WHERE WE HAVE REQUESTED INFORMATION FROM YOU TO PROVIDE
GOODS OR SERVICES YOU AGREE TO PROVIDE US WITH ACCURATE AND COMPLETE
INFORMATION.
5.2. YOU AUTHORISE US TO USE, STORE OR OTHERWISE PROCESS YOUR
PERSONAL INFORMATION IN ORDER TO PROVIDE THE GOODS OR SERVICES TO YOU AND FOR
MARKETING AND CREDIT CONTROL PURPOSES (THE “PURPOSE”). THE PURPOSE MAY INCLUDE
THE DISCLOSURE OF YOUR PERSONAL INFORMATION TO SELECTED THIRD PARTIES FROM TIME
TO TIME WHERE WE BELIEVE THAT THE SERVICES OFFERED BY SUCH THIRD PARTIES MAY BE
OF INTEREST TO YOU OR WHERE THIS IS REQUIRED BY LAW OR IN ORDER TO PROVIDE THE
GOODS OR SERVICE TO YOU. MORE INFORMATION CAN BE FOUND IN OUR PRIVACY POLICY.
5.3. YOU ARE ENTITLED TO REQUEST A COPY OF THE PERSONAL
INFORMATION WE HOLD ON YOU. PLEASE CONTACT US IF YOU WISH TO REQUEST THIS
INFORMATION.
6. CANCELLATION AND RETURNS
6.1 CANCELLATIONS:
6.1.1 YOU MUST NOTIFY US IMMEDIATELY IF YOU DECIDE TO CANCEL
YOUR ORDER PREFERABLY BY EMAIL AT [email protected] AND QUOTE YOUR ORDER
NUMBER.
6.1.2 GOODS: THE TIME LIMIT FOR NOTIFICATION OF CANCELLATION
IS 14 CALENDAR DAYS FOLLOWING RECEIPT BY YOU OF THE GOODS. WE CANNOT GUARANTEE
THAT WE WILL BE ABLE TO STOP YOUR ORDER ONCE WE RECEIVE NOTICE OF CANCELLATION
AS THE GOODS MAY ALREADY HAVE BEEN DESPATCHED. IN THESE CASES THE GOODS WILL
NEED TO BE RETURNED TO US.
6.1.3 SERVICES: THE TIME LIMIT FOR NOTIFICATION OF
CANCELLATION IS 14 CALENDAR DAYS FROM THE DAY YOU ORDERED AND PAID FOR THE
SERVICES UNLESS YOU HAVE REQUESTED US TO COMMENCE THE SERVICES BEFORE THE
EXPIRY OF THIS PERIOD IN WHICH CASE THE CANCELLATION PERIOD EXPIRES WHEN WE
BEGIN PROVIDING THE SERVICES TO YOU.
6.1.4 ONCE WE HAVE HEARD FROM YOU THAT YOU WISH TO CANCEL
YOUR ORDER WITHIN THE STIPULATED TIME PERIOD WE WILL REFUND OR RE-CREDIT YOUR
DEBIT OR CREDIT CARD WITH THE FULL AMOUNT WITHIN 14 DAYS WHICH INCLUDES THE
INITIAL DELIVERY CHARGE (WHERE APPLICABLE) WHICH YOU PAID FOR THE DELIVERY OF
THE GOODS OR THE SERVICES, AS APPLICABLE.
6.1.5 YOU MUST ENSURE THAT THE GOODS ARE RETURNED TO US AT
OUR ADDRESS GIVEN ABOVE AT YOUR COST IMMEDIATELY BY COURIER IN GOOD CONDITION
AND UNUSED.
6.1.6 IF YOU CANCEL A CONTRACT ON THIS BASIS AND YOU DO NOT
RETURN THE GOODS TO US, WE MAY RECOVER THE GOODS AND CHARGE YOU FOR THE COSTS
WE INCUR IN DOING SO. SIMILARLY, IF YOU RETURN THE GOODS AT OUR EXPENSE,
WE MAY RECOVER THAT EXPENSE FROM YOU.
6.1.7 A FULL STATEMENT OF YOUR LEGAL RIGHTS UNDER THE
DISTANCE SELLING REGULATIONS MAY BE OBTAINED IN THE UK FROM YOUR LOCAL
CITIZEN’S ADVICE BUREAU OR TRADING STANDARDS OFFICE.
6.2 RETURNS WHERE GOODS ARE FAULTY:
6.2.1 PLEASE EMAIL [email protected] TO INFORM US OF YOUR
WISH TO RETURN GOODS QUOTING YOUR ORDER NUMBER. YOU MUST ENSURE THAT THE GOODS
ARE RETURNED TO US AT YOUR COST IMMEDIATELY BY COURIER IN GOOD CONDITION AND
UNUSED.
6.2.2 THE COST OF COLLECTING OR RETURNING THE GOODS TO US
MUST BE PAID BY YOU UNLESS WE AGREE THAT THE GOODS ARE FAULTY OR DAMAGED UPON
RECEIPT BY YOU. ALL REFUNDS OR RE-CREDITS WILL BE UNDERTAKEN WITHIN 14 DAYS OF
NOTIFICATION OF RETURN.
6.2.3 WE TRY TO SELECT AND PACKAGE THE GOODS AS WELL AS
POSSIBLE TO ENSURE THEY ARRIVE IN GOOD CONDITION. HOWEVER, IF THE GOODS ARRIVE
DAMAGED OR NOT WHAT YOU ORDERED, WE WILL REPLACE IT FREE OF CHARGE OR PROVIDE A
FULL REFUND AS APPROPRIATE, IF YOU RETURN THE GOODS TO US WITHIN 30 DAYS OF
RECEIPT.
6.3 WE RECOMMEND THAT ALL RETURNED OR CANCELLED GOODS ARE
RETURNED USING A REPUTABLE COURIER SUCH AS PARCEL FORCE OR DHL.
6.4 UNLESS THE GOODS ARE FAULTY OR DAMAGED, WE ARE UNABLE TO
ACCEPT CANCELLATIONS OR RETURNS ON PERSONALISED/MADE TO ORDER OR PERISHABLE
GOODS.
7. LINKED SITES
THERE MAY BE A NUMBER OF LINKS ON OUR WEBSITE TO THIRD PARTY WEBSITES WHICH WE
BELIEVE MAY BE OF INTEREST TO YOU. WE DO NOT REPRESENT THE QUALITY OF THE GOODS
OR SERVICES PROVIDED BY SUCH THIRD PARTIES NOR DO WE HAVE ANY CONTROL OVER THE
CONTENT OR AVAILABILITY OF SUCH SITES. WE CANNOT ACCEPT ANY RESPONSIBILITY FOR
THE CONTENT OF THIRD PARTY WEBSITES OR THE SERVICES OR GOODS THAT THEY MAY
PROVIDE TO YOU.
8. COMPLAINTS
WE TAKE COMPLAINTS VERY SERIOUSLY AND AIM TO RESPOND TO YOUR COMPLAINTS WITHIN
5 BUSINESS DAYS. ALL COMPLAINTS SHOULD BE ADDRESSED TO [email protected].
9. LIMITATION OF LIABILITY
9.1. GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION
AVAILABLE ON THIS WEBSITE IS CORRECT AND ERROR FREE. WE APOLOGISE FOR ANY
ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE
WEBSITE WILL BE ERROR FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF
THE WEBSITE AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR
IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.
9.2. WE DISCLAIM ANY AND ALL LIABILITY TO YOU FOR THE SUPPLY
OF THE GOODS AND SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. IF WE ARE FOUND
LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS LIMITED TO THE AMOUNT
YOU HAVE PAID FOR THE RELEVANT GOODS OR SERVICES. WE CANNOT ACCEPT ANY
LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE, INCLUDING ANY DIRECT OR INDIRECT
LOSS SUCH AS LOSS OF PROFITS, TO YOU HOWSOEVER ARISING. THIS LIMITATION OF
LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT
OF OUR NEGLIGENCE.
9.3. WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES,
ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER
CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER
SYSTEM VIA OUR WEBSITE.
9.4. WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN
PERFORMING SERVICES OR DELIVERING GOODS WHERE SUCH FAILURE ARISES AS A RESULT
OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT
OF GOD OR THOSE OF THIRD PARTIES.
9.5. THE PRODUCTS SOLD BY US ARE PROVIDED FOR PRIVATE
DOMESTIC AND CONSUMER USE ONLY. ACCORDINGLY, WE DO NOT ACCEPT LIABILITY FOR ANY
INDIRECT LOSS, CONSEQUENTIAL LOSS, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS
OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE
USE OF THE WEBSITE OR FOR ANY PRODUCTS OR SERVICES PURCHASED FROM US.
9.6. WE HAVE TAKEN ALL REASONABLE STEPS TO PREVENT INTERNET
FRAUD AND ENSURE ANY DATA COLLECTED FROM YOU IS STORED AS SECURELY AND SAFELY
AS POSSIBLE. HOWEVER, WE CANNOT BE HELD LIABLE IN THE EXTREMELY UNLIKELY EVENT
OF A BREACH IN OUR SECURE COMPUTER SERVERS OR THOSE OF THIRD PARTIES.
10. GENERAL
10.1. WE MAY SUBCONTRACT ANY PART OR PARTS OF THE SERVICES OR
GOODS THAT WE PROVIDE TO YOU FROM TIME TO TIME AND WE MAY ASSIGN OR NOVATE ANY
PART OR PARTS OF OUR RIGHTS UNDER THESE TERMS AND CONDITIONS WITHOUT YOUR
CONSENT OR ANY REQUIREMENT TO NOTIFY YOU.
10.2. WE MAY ALTER OR VARY THE TERMS AND CONDITIONS AT ANY
TIME WITHOUT NOTICE TO YOU.
10.3. PAYMENT MUST BE MADE AT THE TIME OF ORDERING THE GOODS
OR SERVICES FROM US. FAILURE TO PAY ON TIME WILL RESULT IN EITHER THE
CANCELLATION OF YOUR ORDER OR A LATE PAYMENT CHARGE WHICH SHALL BE CALCULATED
AS INTEREST ON THE AMOUNT DUE AT A RATE OF 5% OVER OUR BANK'S LENDING RATE. INTEREST
WILL BE CHARGED ON A DAILY BASIS FROM THE DATE OF INVOICE TO THE DATE OF ACTUAL
RECEIPT OF PAYMENT IN CLEARED FUNDS.
10.4. THE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY
POLICY, ANY ORDER FORM AND PAYMENT INSTRUCTIONS CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN YOU AND US. NO OTHER TERMS WHETHER EXPRESSED OR IMPLIED SHALL FORM PART
OF THIS AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND
CONDITIONS AND ANY OTHER TERM OR PROVISION ON THE WEBSITE, THESE TERMS AND
CONDITIONS SHALL PREVAIL.
10.5. IF ANY TERM OR CONDITION OF OUR AGREEMENT SHALL BE
DEEMED INVALID, ILLEGAL OR UNENFORCEABLE, THE PARTIES HEREBY AGREE THAT SUCH
TERM OR CONDITION SHALL BE DEEMED TO BE DELETED AND THE REMAINDER OF THE
AGREEMENT SHALL CONTINUE IN FORCE WITHOUT SUCH TERM OR CONDITION.
10.6. THESE TERMS AND CONDITIONS AND OUR AGREEMENT SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES. THE
PARTIES HERETO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND
AND WALES.
10.7. NO DELAY OR FAILURE ON OUR PART TO ENFORCE OUR RIGHTS
OR REMEDIES UNDER THE AGREEMENT SHALL CONSTITUTE A WAIVER ON OUR PART OF SUCH
RIGHTS OR REMEDIES UNLESS SUCH WAIVER IS CONFIRMED IN WRITING.
10.8. IT IS NOT INTENDED THAT THE UNDERTAKINGS AND
OBLIGATIONS OF THE PARTIES SET OUT IN THIS AGREEMENT SHALL BE FOR THE BENEFIT
OF AND CAPABLE OF BEING ENFORCED BY ANY OTHER PERSON BY VIRTUE OF THE CONTRACTS
(RIGHTS OF THIRD PARTIES) ACT 1999.