This legal notice applies to the entire contents of the Website under the domain name www.pannier.cc (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Pannier Limited, registered in England and Wales under company number 08029243 and having its registered office, 19 Highfield Road, Edgbaston, Birmingham, B15 3BH (“Company”).
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 You are permitted to print and download extracts from the Website for your own use on the following basis:
2.2.1 no documents or related graphics on the Website are modified in any way;
2.2.2 no graphics on the Website are used separately from the corresponding text; and
2.2.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.5 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. YOUR ACCOUNT AND PASSWORD
4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
5. VISITOR MATERIAL AND CONDUCT
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2 for which you have not obtained all necessary licences and/or approvals; or
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
6.1 We do not guarantee that our site will be secure or free from bugs or viruses.
6.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
6.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
7. INTERACTIVE SERVICES
7.1 We may from time to time provide interactive services on our site, including, without limitation:
7.1.1 Chat rooms.
7.1.2 Bulletin boards.
7.1.3 (“interactive services”).
7.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
7.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
7.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
7.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
8.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
8.2.1 you do not remove, distort or otherwise alter the size or appearance of the Pannier logo;
8.2.2 you do not create a frame or any other browser or border environment around the Website;
8.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;
8.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;
8.2.5 you do not otherwise use any Pannier trade marks displayed on the Website without express written permission from the Company;
8.2.6 you do not link from a website that is not owned by you; and
8.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
8.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
9. SUSPENSION AND TERMINATION
9.1 We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
10.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
10.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of which, but for this legal notice, might have effect in relation to the Website.
10.3 You expressly agree that your athletic activities, which generate the content you post or seek to post on the site carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities. You also expressly agree that Pannier does not assume responsibility for the inspection, supervision, preparation, or conduct of any ride or event that utilises the Pannier website.
10.4 Save as set out below you expressly agree to release Pannier, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability connected with your athletic activities, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your athletic activities. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the site, (b) your use or misuse of equipment or programs created by Pannier while engaged in athletic activities, (c ) your dealings with third party service providers or advertisers available through the site, (d) any delay or inability to use the site experienced by you, (e) any information, software, products, services or content obtained through the site, whether based on contract, tort, strict liability or otherwise, even if Pannier has been advised of the possibility of damages.
10.5 Nothing in this agreement shall exclude or limit Pannier’s liability for death or personal injury caused by its negligence or any other liability which cannot be excluded or limited by law.
11.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
11.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
11.2.1 death or personal injury caused by negligence; or
11.2.2 fraud; or
11.2.3 misrepresentation as to a fundamental matter; or
11.2.4 any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Website Terms and Conditions of Supply
This page tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.pannier.cc. We are Pannier Limited, a company registered in England and Wales under company number 08029243 and with our registered office 19 Highfield Road, Edgbaston, Birmingham, B15 3BH. Our VAT number is GB 134 4614 31.
1.2 To contact us, please email email@example.com., or see our contact information in the website footer.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a small tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
Your use of our site is governed by our Website Terms. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. 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 7.3. Payment will be taken as described in clause 13.2.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
8.1.1 changes in how we accept payment from you; or
8.1.12 changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. RETURNS POLICY
This clause 9 only applies if you are a consumer.
We are always sorry to hear that you want to return your product(s). You can exercise your right to cancel your order by notifying us by e-mail to firstname.lastname@example.org (or by post to the returns address below) and requesting a Returns Number (RN). You must cancel within 14 days from the day on which you acquire physical possession of the product(s) or, in the case of an order for multiple products, the last product delivered.
We only accept returns of goods that are in brand new condition, with any product tags or labelling attached, and the original packaging. Unfortunately, we are unable to offer exchanges unless your product(s) are found to be faulty.
Please include the original packing slip with the RN you receive from our team on it and send your returns to:
Unit 3 Sunnyside Farm
Please note that you are responsible for return shipping costs, unless your product(s) do not meet the description(s) given or are found to be faulty (see Faulty Products). When returning goods please make sure you use a carrier that offers tracking and insurance as we cannot be held responsible for any returned packages lost in transit.
Once we receive your return, and providing the product(s) are in order, we will issue a refund for the product value including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) to your original form of payment. Please note that it may take a couple of business days for this refund to appear on your account statement.
9.2 Faulty Products
If you are wishing to return a faulty product (warranty issue) please follow the standard returns procedure above, obtaining an RN. Please use your most economic postal service and we will reimburse your reasonable postage costs unless the fault is found to be due to accident, neglect or misuse.
Please note that we will return faulty goods to our suppliers and therefore any refunds or replacements may take up to 10 working days to process.
9.3 International Returns
Our standard Returns procedure applies but to help us deal with your return to us quickly and efficiently you must mark all packages as “RETURNED GOODS – FAILED SALE”. This must be clearly marked on the customs information document on the outside of the packaging. Failure to do so may result in the goods being refused at customs in the UK and so being returned to the sender.
10.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
11. INTERNATIONAL DELIVERY
11.1 We deliver to the countries listed on this page [www.pannier.cc/shipping] (“International Delivery Destinations”). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
Standard UK Delivery: Royal Mail Tracked 48 – Free (Highlands/NI exception)
Next Day UK Delivery: DPD UK – £5 (Highlands/NI exception)
Standard EU Delivery: Royal Mail AirMail – £8
Courier EU Delivery: DPD - £12
Next Day EU Delivery: DHL – £15
Standard ROW Delivery: Royal Mail/AirMail – £8
Courier ROW Delivery: DHL – £25
11.3 There are no import duties on products we send within the European Union. All goods shipped to EU countries already have the relevant VAT included.
11.4 Products we send outside the European Union may be subject to import duties and taxes. Please note: It is a legal requirement that we declare the full value of the goods (not including shipping charges) on all packages destined outside the European Union and any additional charges for customs clearance must be borne by you, the customer.
11.5 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
12.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.3 The price of a Product does not include delivery charges. Our delivery charges are as set out above and are applied at the checkout.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.3.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
12.3.2 if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept the cards listed on our site from time to time.
13.2 Payment for the Products and all applicable delivery charges is in advance and will be debited on or shortly before we issue your Dispatch Confirmation.
14. MANUFACTURER GUARANTEES
14.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. OUR WARRANTY FOR THE PRODUCTS
15.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
15.2.1 fair wear and tear;
15.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
15.2.3 if you fail to operate or use the Products in accordance with the user instructions;
15.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
15.2.5 any specification provided by you.
15.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
16.2 Nothing in these Terms limit or exclude our liability for:
16.2.1 death or personal injury caused by our negligence;
16.2.2 fraud or fraudulent misrepresentation;
16.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
16.2.4 defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
16.3.1 any loss of profits, sales, business, or revenue;
16.3.2 loss or corruption of data, information or software;
16.3.3 loss of business opportunity;
16.3.4 loss of anticipated savings;
16.3.5 loss of goodwill; or
16.3.6 any indirect or consequential loss.
16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
17.3.1 death or personal injury caused by our negligence;
17.3.2 fraud or fraudulent misrepresentation;
17.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.3.4 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); and
17.3.5 defective products under the Consumer Protection Act 1987.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 If you are a consumer:
19.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to Pannier Limited, 19 Highfield Road, Edgbaston, Birmingham, B15 3BH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
19.2.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Pannier Limited at the addresses set out above. You can always contact us using our Customer Services telephone line – +44 (0)121 565 0484.
19.3 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.
19.4 If you are a business:
19.4.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
19.4.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
19.4.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19.4.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms 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 it 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.
20.7 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.
20.8 If you are a business, 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).