Please read these terms and conditions carefully before using this Website operated by Koreesa Ltd, trading as Koreesa Solutions, Company Number: 06460769 and VAT Number: GB925611727 having our registered office at 5A Toledo Road, Spitfire Court, Triumph Business Park, Liverpool, L24 9AE. By accessing or using our Website, you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.
If you have any queries on how to use this site, please phone 0151 3059 882 (Lines open Monday to Thursday from 9am – 4pm and Friday 9am – 2pm GMT). You can also email us on email@example.com, or contact us by one of the methods available on the Contact Us page on the website with details of your query / issue.
Details of our products, prices, payment and delivery are displayed on our Website. If you choose to place an order, you will be given clear instructions on how to navigate our online order process and you will be required to provide us with your accurate personal details.
- Read through these terms and conditions carefully before using this Website.
- Print a copy for future reference.
If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us by emailing firstname.lastname@example.org
We reserve the right to change product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
This Website, any content contained herein and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.
‘Conditions’ means these terms and conditions.
‘The Company/ we/us/our’ means Koreesa Limited.
‘Website’ means the Website located at www.shopkoreesa.co.uk or any subsequent URL which may replace it or sit alongside it.
‘United Kingdom’ means England, Wales, Scotland, and Northern Ireland. We do not ship to Channel Islands.
‘You/your’ means a user of the Website.
‘Purchaser’ means Buyer.
‘Working days’ mean Monday to Friday (excluding public holidays in the United Kingdom).
Unless otherwise agreed in writing, all orders are executed subject to the then current prices and relevant discounts ruling at the date of despatch and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate and all quoted prices are based on the actual Terms and Conditions at that time.
The Company reserves the right to make a handling charge on any orders, the total invoice price of which (excluding VAT) is less than £250 or any other such value may be notified in writing to the Purchaser from time to time.
Post the placing of an order pursuant to a Quotation, in the event of any change in the cost of raw materials or labour required to fulfil the order, prices may be subject to an appropriate variation.
By placing an order and making an offer to buy a product, the Purchaser authorises the Company to transmit information (including any updated information) or to obtain information about the Purchaser from third parties from time to time and this may include verification checks involving debit or credit card number or credit reports in order to authenticate the Purchaser’s identity; to validate the Purchaser’s credit card; to obtain an initial credit card authorisation; to protect the Purchaser and the Company from fraud; and to enable the Company to arrange delivery of the Purchaser’s order to a nominated delivery address.
4. Eligibility & Wholesale trade account
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website, you must:
Be 18 years of age or over; and
register your real name, address, phone number, email address and any other details requested.
If you are under 18, please ask an adult to contract on your behalf. By offering to purchase goods and services, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
You warrant that:
5.1. the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;
5.2. you are not impersonating any other person or entity and
5.3. you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.
Before you can view prices and purchase online, you will be required to register for an online account. Details received by us will be vetted and authorised before full access can be granted. We will endeavour to activate accounts as quickly as possible however in some cases it may be necessary to contact you directly should there be any question as to whether you are a qualified professional eligible to purchase.
We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) You are not a brand stockist of the products that you have ordered
ii) The item you have ordered is out of stock
iii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iv) There has been a pricing or product description error
v) There is a system or procurement failure
5. Retailer agreement
Purchases on this site of professional products and equipment are sold with the sole intention for "buyers use" to be used in a salon or clinic environment only.
Purchases on this site of wholesale retail products are sold on the basis that the buyers intention is to retail the products in a salon or clinic environment only. Under no circumstances can professional products and equipment purchased from Koreesa Solutions be sold directly online via a store without a prior signed agreement, or through online eCommerce sites to consumers. Examples, ebay, amazon, gumtree, facebook etc.
Retail products purchased from Koreesa Solutions cannot be sold online without consultation with the Company and the signing of an online retailer binding agreement setting out terms and conditions.
Any breach of the above will result in an immediate deactivation of online store access. The company reserves the right to cease all support and trading.
All claims which may arise out of the buyer misselling professional or retail products, are the sole responsibility of the buyer.
Under no circumstances can the brands Ekseption and Fusion Meso be purchased and used within private training academies, schools or as part of training courses without a binding agreement with Koreesa Solutions.
All prices are inclusive of VAT at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery in the United Kingdom unless otherwise specified. Prices are in Pounds Sterling unless otherwise specified.
We reserve the right, by giving notice to you, the Purchaser, at any time before delivery or performance to increase the price of goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).
In the unlikely event of there being such an increase in the price of goods you, the Purchaser, shall be entitled to cancel the order at any time before delivery or performance.
In the unlikely event that the price or description of an item has been incorrectly advertised, we will contact you by email to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already dispatched or commenced performance of your order, we will not be obliged to supply products at the incorrect price or based on an incorrect description.
Payment can be made via major credit / debit cards, Paypal. However, we do not accept Amex cards. Payment will be debited and cleared from your account before the dispatch of your goods to you.
By placing an order, you, the Purchaser, consent to payment being charged to your debit/credit card account.
Title to the goods will pass to you, the Purchaser, on delivery of the goods and once payment is made in full.
We will issue you with an electronic receipt to your email address once the goods have been dispatched along with Courier / Postal tracking details.
When you pay for your order by credit or debit card, we carry out checks or ‘authorisations’ with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.
7. Order Process
Orders will only be accepted from residents of the United Kingdom & Ireland.
All orders are subject to acceptance and availability. If any goods ordered are not available, the Purchaser will be notified by email and will have the option either to wait until the item is available from stock or to cancel the order. It is the Purchasers responsibility to provide us with a valid email address so that we can make contact if necessary. Any orders placed by the Purchaser will be treated as an offer to purchase the goods from us and we have the right to reject such offers at any time prior to acceptance.
The Purchaser shall be responsible for ensuring the accuracy of the details provided on the order submission and we will not accept an order unless all details requested in the order process have been entered correctly.
The Purchaser acknowledges that any automated acknowledgement of the order receive from us shall not amount to our acceptance of the offer to purchase goods or services advertised on the Website.
The conclusion of a contract between you and us will take place when we accept the order by (i) debiting your credit or debit card, or (ii) dispatch of the goods to you, whichever is the earlier.
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.
Each item purchased is sold subject to additional specific terms and conditions relating to that item including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
We are entitled to refuse any order placed by the Purchaser and will not be required to provide an explanation.
8. Claims for short delivery or damaged goods
The Company will not be liable for any loss or damage or shortage during delivery unless the following conditions are complied with:
1.1 Notification in writing is received by the Company within seven days of the date of invoice if the goods are not received.
2.1 Goods must be examined immediately on receipt. If any items appear to be damaged or missing the delivery paperwork must be clearly marked “damaged” or “missing”. The Company must be notified of the damage or short delivery in writing within twenty-four hours of delivery and within four days of delivery a detailed claim (including photographs of any alleged damage) must be sent in writing to the Company and the packaging retained and dealt with as directed by the Company.
Unless claims are notified in accordance with this clause 6, you the Purchaser shall be bound to accept and pay for the goods delivered.
10. Delivery and passing of risk
On completing your purchase you will be presented with one or more options for delivery within mainland UK. We estimate to dispatch your order within 1 - 3 days. This is an estimated timescale for delivery only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times). Note that this timescale is not applicable for equipment purchases which are imported to order.
For orders placed on Fridays, Saturdays or Sundays we will consider the first day of our estimated dispatch timescale to commence from the next working day i.e.. Monday or if a bank holiday, Tuesday.
Electronic devices and equipment are imported to order and therefore it can take between 7 - 21 days for delivery. This is to comply with manufacturers warranty regulations.
Unless otherwise agreed in writing, delivery shall be made at the Purchaser’s premises specified in the order (UK or Ireland). Risk in the goods shall pass to the Purchaser on delivery.
Any times quoted for despatch, repair or replacement are estimates only and the Company shall not be liable for failure to despatch, repair or replace within such time.
In so far as there is a delay in delivery which is caused by some fault of the Purchaser (including failure to arrange a delivery date), then the Company reserves the right to levy a service charge of £35.00 per week in relation to storage. During this time, title to and risk in the goods shall remain with the Company.
Where a Purchaser fails to accept deliveries in accordance with the terms and conditions of the order, the balance of undelivered goods shall be invoiced to the Purchaser, the goods being held at the Purchaser’s risk and any storage and additional carriage costs being charged to the Purchaser’s account.
The Company will do all it reasonably can to deliver the goods to the Purchaser within the estimated timescales, but shall not be held liable for any delay or failure to deliver the Purchaser’s order within the estimated timescale as a result of such delays. Delays are occasionally inevitable due to unforeseen factors or events outside the Company’s control, for example, material shortages, travel or transportation disruption, import delays or higher-than-anticipated demand.
Goods will be delivered to the purchaser premises provided within the order submission via DPD / FEDEX, other courier service or via Royal Mail.
The Purchaser should ensure that they have the means to track their order and handle any exceptions that may occur directly with the Courier depot before contacting us, should there be issues receiving their parcel(s). We recommend using the Courier App for this purpose.
We will deliver all items to the address given in the Shipping Address section and not the billing address of the Purchasers credit/debit card unless both addresses are the same.
All goods must be signed for by an adult aged 18 years or over on all deliveries, unless the customer has notified the Courier directly to leave the parcel in a safe place.
Any dates quoted for delivery of goods are approximate only and we shall not be liable for any delay in delivery of goods by the Courier, however caused. The customer will not be allowed to cancel the order at any time between dispatch and delivery without the acceptance from the Courier that the parcel will not be delivered or that the parcel is classed as lost in transit by themselves.
11. Passing of risk and retention of title
Goods are supplied to the Purchaser by the Company subject inter alia to the following terms and conditions.
Notwithstanding delivery and the passing of risk in goods, title to and ownership of the goods shall remain with the Company until payment in full for the goods, and for all other goods supplied by the Company to the Purchaser for which payment is then due, has been received by the Company.
If payment for the goods is overdue in the whole or in part the Company shall be entitled at any time to require the Purchaser to return the goods at its own cost to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the goods are stored and re-possess and re-sell the goods or any of them. Payment for the goods shall become due inter alia immediately upon the commencement of any act or proceeding in which the Purchaser’s solvency is involved.
Until the Company is paid in full for the goods, and all other goods supplied by the Company for which payment is then due, the relationship of the Purchaser to the Company shall be that of a fiduciary and bailee with respect to all goods for which payment is outstanding and the Purchaser shall keep all such goods separate from those of the Purchaser and third parties and properly stored, protected, insured and identified as the Company’s property. A like right for the Company shall apply where the Purchaser uses the goods in any way so as to be entitled to payment from a third party. Until the Company is paid in full as foresaid the Purchaser shall be entitled to re-sell the goods in the ordinary course of its business but shall account to the Seller for the proceeds of sale of the goods, including insurance proceeds, and shall keep all proceeds of sale of such goods separate from any monies of the Purchaser or of third parties.
The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Purchaser does so all monies owing by the Purchaser to the Seller shall be without prejudice to any other right or remedy available to the Seller forthwith become due and payable.
12. Return of goods
Subject only to any express terms of a warranty that may apply to the goods purchased as set out in clause 11, return of goods will not be accepted unless the Company or its appointed agent, shall first have had the opportunity of examining some and/or confirming the goods may be returned on the sole basis that they are faulty/defective or subject to a product recall , unless the Company has agreed otherwise in writing.
Any goods returned in accordance with clause 10(a) which, for any reason, is not attributable to the Company will be subject to a handling charge of 20% of net value.
Any returned goods which are claimed to be defective and on inspection are found to be in working order may be returned to the Purchaser at the Company’s discretion and at the Purchaser’s cost.
Returned goods should, wherever possible, be packed by the Purchaser in the original packaging and in any event, be placed in such a manner to ensure the goods are delivered to the Company without loss or damage. Goods returned to the Company, which have not been supplied by them, will be returned as received and a handling and carriage charge will be payable.
Any devices(s) supplied by the Company, which fails during its twelve months’ (or extended) warranty period as a result of faulty workmanship or materials in manufacture, will be repaired or replaced (at the discretion of the Company), free of charge, providing the product(s) is forwarded to the Company suitably packed and carriage paid*. The Company’s liability for shortage, failure or defect and the goods supplied shall be limited to the cost of making good such shortage, failure or defect by repair or replacement and the Company shall not in any event be liable for any direct or indirect damage or loss whatsoever sustained or liability incurred by the Purchaser. Furthermore, it is the responsibility of the Purchaser to satisfy itself as to the fitness or suitability of the goods for any particular purpose and the goods are sold without any warranty, express or implied as to their suitability for a particular purpose or condition save where the Company has given specific written advice in connection therewith.
* Accessories (probes, applicators, cables etc), and consumables are subject to separate terms.
Training – Any new machine purchased from Koreesa Solutions includes general set up guidelines. Online / in-house training for therapists can be purchased directly through our Training Partner: Jane Bryan Beauty Training. Jane Bryan Beauty Training reserves the right to remove any salon or clinic from the online training session who have repeated technical or connection failures which disrupts the training session or the trainer’s ability to evaluate and certify the competence of the trainees.
14. Liability and Indemnity
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions, rules, or the Purchaser fails any of the Company’s fraud detection or anti-money laundering detection checks, the Company has the right to stop or cease to fulfil the order (or part thereof) at any time and shall incur no liability in such circumstances.
The Purchaser has certain rights as a customer, including legal rights relating to faulty or misdescribed goods. Nothing in these Terms and Conditions will affect these legal rights and, in particular, the Company will perform its obligations under these Terms and Conditions with reasonable care and skill. All descriptive and forward specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract
Any orders delivered to the Purchaser will be of satisfactory quality. However, if the Company delivers an order that is not of satisfactory quality, the Purchaser can contact the Company for a repair or replacement.
The Company will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the purchased goods, even if the Company has been advised of the possibility of such damages.
The Purchaser agrees to fully indemnify, defend and hold harmless the Company, its agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by the Purchaser or any other liabilities arising out of the Customer’s use of the website.
Notwithstanding any other provision in the Conditions, nothing in these Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from its negligence or that of its agents or employees.
The Company liability insurance does not cover online training. It is the responsibility of the Purchaser to ensure they have adequate liability insurance in place.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
We will use reasonable means to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
We will use all reasonable means to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:
14.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
14.2. any loss of goodwill or reputation; or
14.3. any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Conditions.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
In the event of any employee of the Company making an error in any term, contract, offer, acceptance or quotation the Company may by notice in writing to the Purchaser correct the error in which case (provided that the correction is adverse to the purchaser) the Purchaser shall be entitled within seven days of such notice to cancel that portion of the order to purchase to which the said correction relates.
16. Suspension or cancellation of deliveries
If the purchaser cancels their order the Company shall be entitled to recover loss sustained thereby from them. The purchaser will indemnify the Company in respect of any third-party claims arising against the Company by virtue of any act or omission arising out of the companies’ repudiation of the contact or suspension or cancellation of deliveries under this condition.
17. Loan items and equipment
Any loan items will be invoiced and paid for unless they are returned, carriage paid within 30 days unless otherwise agreed with the Company’s management.
18. Intellectual Property
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
No licence is granted to you in these Conditions to use any trademark of www.ksskinstore.uk or its affiliated companies.
Goods sold by us may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.
All drawings, descriptions and other information including educational material provided by the Company shall remain the property of the Company together with the copyright therein and promptly upon request by the Company the Purchaser shall return the same to the Company.
We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
Products, prices and offers are only valid at the time they are published on our Website. All images should be used only as a guide or representation of the item.
All drawings, descriptive matter and specifications of goods on the Website are for the sole purpose of giving an approximate description of the goods.
We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability.
We reserve the right to:
19.1. modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
19.2. change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.
You may not use the Website for any of the following purposes:
19.3. disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
19.4. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
19.5. breaches any relevant laws, regulations or code of practice;
19.6. gaining unauthorised access to other computer systems;
19.7. interfering with any other person’s use or enjoyment of the Website;
19.8. breaching any laws concerning the use of public telecommunications networks;
19.9. interfering or disrupting networks or websites connected to the Website; and
19.10. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
20. Force Majeure
We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, pandemics, lockout, fire, drought, civil commotion, demands or requests of Government authorities or other competent authority, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes beyond the Company's control.
21. Health and Safety
The Purchaser shall be responsible for ensuring that all statutory, government or local regulations are complied with in relation to the operation of any goods purchased from the Company. Should any local regulations require amendments to the specification the cost of any such amendments shall be charged to the account of the Buyer in addition to the original contract price. The Buyer shall ensure that all instructions, handbooks, notices and warnings issued by the Company are properly understood and complied with at all times by all persons using the goods or working within close proximity to them, the Buyer being responsible for the translation of the English narrative supplied by the Company.
It is the Purchasers responsibility to ensure that any adverse incidents relating to the goods are reported back to the Company in writing as soon as possible following any such incident taking place.
Mesotherapy products sold by Koreesa Solutions are TOPICAL USE ONLY unless otherwise stated. They are suitable for micro-needling, transdermal delivery beauty devices and topical application. They are NOT to be injected with a needle. All risk and responsibility resides with the practitioner when injecting topical use products. Information on our products can be found in the store information tabs on each specific product.
22. Insolvency of buyer
This clause 23 applies if:
The Purchaser makes any voluntary arrangements with its creditor or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction), or;
An incumbrancer takes possession of or a receiver is appointed to dispose of any of the property or assets of the Buyer, or
The Buyer ceases or threatens to cease to carry on business, or
The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If clause 21(a) applies, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract, without any liability to the Buyer, and if the goods have been delivered, but not paid for, the price shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
Save, as provided by these Terms and Conditions and save for the companies, implied undertaking as to title etc. contained in S. 12 of the Sale of Goods Act 1979 (liability for death or personal injury resulting from negligence) all other obligations and liabilities whatsoever of the Company whether in contract or in tort or otherwise excluded.
24. Legal construction
These Terms and Conditions and any contract following thereon shall be governed by and construed in accordance with the Laws of England and Wales and Wales and the parties shall submit to the jurisdiction of the English Courts.
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
25.1. the privacy practices of such websites;
25.2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
25.3. the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
26. Governing Law and Jurisdiction
The Website is controlled and operated in the United Kingdom.
The Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
28. General terms & conditions
The Company may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
If the Purchaser breaches these Terms and Conditions and the Company takes no action it will still be entitled to use its rights and remedies in other situations where the Purchaser is in breach. No waiver by the Company shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.
These Terms and Conditions govern the relationship with the Purchaser and supersede any and all preceding and contemporaneous agreements between the Purchaser and the Company. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of the Company. The Purchaser confirms that, in agreeing to accept the Terms and Conditions, it has not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and the Purchaser agrees that it shall have no remedy in respect of any representation. The Purchaser’s statutory rights are not affected by these Terms and Conditions.