TERMS AND CONDITIONS OF SUPPLY

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1.1 This page ("Website Terms and Conditions of Supply") together with our Website Terms and Conditions of Use, Website Privacy Policy and any documents referred to in them tells you the terms and conditions on which we supply any of the products ("Products") listed on (www.oscarandpatch.co.uk) ("our Website") to you. ​​

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1.2 Please read these Website Terms and Conditions of Supply, our Website Terms and Conditions of Use, Website Privacy Policy and any other documents referred to in them carefully before ordering any Products from our Website.  You should understand that by ordering any of our Products, you agree to be bound by these Website Terms and Conditions of Supply.

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2.INFORMATION ABOUT US

 

This Website (www.oscarandpatch.co.uk) is a site operated by Oscar and Patch  Limited whose registered office and main trading address is Studio 5-11, Millbay Road, Plymouth, Devon, United Kingdom, PL1 3LF.

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3.SERVICE AVAILABILY

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Our Website is only intended for use by people resident in the Serviced Countries where (www.oscarandpatch.co,uk) delivers Products (further information is available on our Serviced Countries page).  We do not accept orders from individuals or organisations outside those countries.  Some restrictions are placed on the extent to which we accept orders from specific countries.  These restrictions can be found on our Serviced Countries page.  Please review our Serviced Countries page before ordering Products from us.

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4.YOUR STATUS

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By placing an order through our Website, you warrant that:

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4.1you are legally capable of entering into binding contracts;

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4.2you are at least eighteen (18) years old;

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4.3you are resident in one of the Serviced Countries; and

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4.4 you are accessing our site from that country.

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5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ("Dispatch Confirmation").  The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.

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5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  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 Dispatch Confirmation.

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6 6.OUR STATUS

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6.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers.  The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third-party seller, which they will advise you of directly.  You should carefully review their terms and conditions applying to the transaction.

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1.2 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.

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 7.CONSUMER RIGHTS

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7.1 Subject to clause 7.4, if you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below).

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7.2  To cancel a Contract, you must inform us in writing.  You must also return the Product(s) to us immediately, in the same condition received, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession.  If you fail to comply with this obligation, we may have a right of action against you for compensation.

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7.3  Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.

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7.4 In certain circumstances we offer a bespoke made to order service for particular Products, in the event you purchase such Product in accordance with your requirements, we regret it is not possible to cancel the order as they are made to your specifications

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​ 8.AVAILABILITY AND DELIVERY

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Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, within thirty (30) days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Please note that bespoke orders made to your specifications and are dependant upon the item being made. As a guide they a generally delivered within three (3) to four (4) weeks, although we aim to deliver bespoke orders as quickly as possible.

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9. RISK ANDTITLE 

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9.1 The Products will be at your risk from the time of delivery.​

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9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and/or insurance

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 10. PRICE AND PAYMENT

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10.1The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.

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10.2 These prices include VAT but exclude delivery costs and any applicable insurance chosen by you upon purchase of a Product, which will be added to the total amount due as set out in our Delivery Guide.

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10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

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10.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website 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 Website, 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.

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10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious, unmistakeable and/or could have reasonably been recognised by you as a mis‑pricing.

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10.6 We accept online payment in a secure environment in the following

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10.6.1 VISA

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10.6,2 MasterCard;

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10.6.3 Delta;

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10.6.4 Solo;

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10.6.5 American Express;

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10.6.6 Maestro debit cards; and

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10.6.7 PayPal, 

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and you confirm that the credit or debit card that is being used is yours.  We will not charge your credit or debit card until we dispatch your order and all credit/debit cardholders are subject

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to validation checks and authorisation by the card issuer.  If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non‑delivery.

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11. OUR REFUNDS AND EXCHANGE POLICY

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​1.1 When you return a Product to us:

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1.1.1  because you have cancelled the Contract between us within the seven (7) day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as and, in any case, within thirty (30) days of the day you have given notice of your cancellation possible.  In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us;

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1.1. 2  for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these Website Terms and Conditions of Supply, Website Terms and Conditions of Use, Website Privacy Policy, or in any of our policies, or because you claim that the Product is defective),

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we will examine the returned Product and will notify you of your refund via e-mail or post within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the date we confirmed to you via e-mail that you were entitled to a refund for the defective Product.  Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

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11.2 We will usually refund any money received from you using the same method originally used by you to pay for the Products(s), by way of example, if payment for a Product was processed using your debit card, a refund will be attributed to the same debit card.

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11.3 When you require an exchange of a Product:

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11.3.1 We do not currently offer exchanges. If you wish to change an item, please return the original item and place a new order for the item you wish to exchange it for.

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11.3.2 For the avoidance of doubt, we do not accept returns in relation to sale items and bespoke items made to your requirements

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11.3.3 Condition of a Product when you return a Product to us:

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11.3.4 Products must be returned in unused, perfect resalable condition including (but not limited to) no signs of wear and tear; damage; soling; evidence of dry cleaning; signs of washing; altering; or repair. For hygiene reasons, baby socks are non-returnable

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11.5 Packaging of a Product when you return a Product to us or require an exchange

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11.5.1 Products must be returned (for refund,) in the original undamaged packaging , including all original labels, tags, lampshade cellophane wrapping and dust bags, which were provided with your Product by us upon completion of your purchase, save for any outer packaging used for the purposes of transit, by way of example, a postage box or bag.

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11.6 We recommend when returning a Product to us (for refund), you use a secure and reputable signed for delivery service, including appropriate packaging to ensure a Product is not subject to damage or loss during transit.  We are not able to accept liability or provide a refund for a Product damaged or lost during transit to us.

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11.17 OUR RETURN POLICY

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11.18 How to return any Products to us for return:

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Contact us at returns@oscarandpatch.co.uk stating:

 

11.19 Date of your order

 

11.20 your order number;

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11.21  the reason for the return of your Purchase; and

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PLEASE SEND RETURNS to: 10 Thornbury Road, Rear Loading bay Plymouth PL6 7PP

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 1.  OUR LIABILITY

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1.1 We warrant to you that any Product purchased from us through our website is of high - end quality and reasonably fit for all the purposes for which products of the kind are commonly supplied, we do not sell used goods, defective goods, or goods of inferior quality compared to the corresponding standards available on the market.

 

1.2 Our liability for losses you suffer as a result of us breaching these Website Terms and Conditions of Supply, including deliberate breaches, is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of our breach under these Website Terms and Conditions of Supply.  Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

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1.3  For the avoidance of doubt, nothing in these Website Terms and Conditions of Supply shall operate to exclude or limit our liability for the following:

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1.3.1 death or personal injury caused by our negligence;

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1.3.2 under section 2(3) of the Consumer Protection Act 1987;

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1.3.3 fraud or fraudulent misrepresentation; and/or

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1.3.4 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

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1.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, even if such losses result from a deliberate breach of these Website Terms and Conditions of Supply by us that would entitle you to terminate the Contract between us, including but not limited to:

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1.4.1 loss of income or revenue;

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1.4.2 loss of business;

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1.4.3 loss of profits or contracts;

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1.4.4 loss of anticipated savings;

 

1.4.5 loss of data;

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1.4.6 loss of data, and/or

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1.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise,

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provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories 12.4.1 to 12.4.7 (inclusive) of this clause 12.4.

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1.5 Where you buy any Product from a third party seller through our Website, the seller's individual liability will be set out in the seller's terms and conditions.

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 2.IMPORT DUTY

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2.1 If you order Products from our Website for delivery outside the United Kingdom, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict nor anticipate their amount.  Please contact your local customs office for further information before placing your order.

 

2.2 Please note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws

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3.WRITTEN COMMUNICATIONS

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​Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights

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4. NOTICES

 

All notices given by you to us must be given to Oscar and Patch  Limited 8 Mizzen Rd Plymouth, Devon PL1 4GT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above.  Notice will be deemed received and properly served immediately when posted on our website, twenty-four (24) hours after an e-mail is sent, or three (3) 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 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.

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 5.TRANSFER OF RIGHTS AND OBLIGATIONS

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5.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

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5.2 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.

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5.3 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.

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 6. EVENTS OUTSIDE OUR CONTROL 

 

6.1 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 events outside our reasonable control ("Force Majeure Event"). 

 

6.2.1 strikes, lock-outs or other industrial action;

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6.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

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6.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

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6.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

 

6.2.5 the acts, decrees, legislation, regulations or restrictions of any government.

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​6.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

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 7.  WAIVER

 

7.1 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 Website Terms and Conditions of Supply, 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.

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7.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

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7.3 No waiver by us of any of these Website Terms and Conditions of Supply shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

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 8.  SEVERABILITY 

 

If any of these Website Terms and Conditions of Supply 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.

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 9. ENTIRE  AGREEMENT

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9.2 These Website Terms and Conditions of Supply 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.

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9.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or

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We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or

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9.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Website Terms and Conditions of Supply.

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10.1. OUR RIGHT TO VAR THESE WEBSITE TERMS AND CONDITIONS OF SUPPLY 

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1.1We have the right to revise and amend these Website Terms and Conditions of Supply from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

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10.2 You will be subject to the policies, Website Terms and Conditions of Supply and Website Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Website Terms and Conditions of Supply is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Website Terms and Conditions of Supply before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Website Terms and Conditions of Supply, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).

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 11. LAW AND JURISDICTION 

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​Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.