Terms and Conditions
Holly & Beau Limited
Version: [March] 2019
TERMS AND CONDITIONS OF SALE
This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy 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 whether through the website or otherwise.
These Terms will apply to any contract between Holly & Beau Limited(” 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. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
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.
- Information about us
1.1 We operate the website www.hollyandbeau.com. We are Holly & Beau Limited, a company registered in England and Wales under company number 08143964 and with our registered office at The Union Building, 51 - 59 Rose Lane, Norwich, Norfolk, UK, NR1 1BY. Our main trading address is The Union Building, 51 - 59 Rose Lane, Norwich, Norfolk, UK, NR1 1BY Our VAT number is 140 0202 91.
1.2 To contact Us, please see our Contact Us page
- 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 2% 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.
2.5 ORDER PROCESS
2.5.1 Orders that you place on this website or otherwise will be subject to acceptance by Us in accordance with these Terms..
2.5.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an Order Acknowledgement Email ( See 7.3 below) and then a Dispatch Confirmation (see 7.4 below) detailing the Products you have ordered, but otherwise an acceptance of your order and the completion of your contract between you and Us will take place on despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it.
2.5.3 You should print out these Terms, the Order Acknowledgement Email and Dispatch Confirmation for your own records.
- Use of our site
3.1 Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
- How we use your personal information
4.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
- 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.
- 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 our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy constitutes the entire agreement between you and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.
- How the contract is formed between you and us
7.1 For the steps you need to take to place an order on our site as a consumer, please see our How To Shop Online page or for businesses generally see
7.2 Our order process for consumers and business 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.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.(“Order Confirmation Email”) 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 7.4.
7.4 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.
7.5 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 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.
- 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;
8.1.2 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 detailing the relevant date at the top of this page.
- Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.2.1 any made-to-measure or custom-made Products.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation( see clause 7.4) (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract
Your Contract is for a single Product (which is not delivered in instalments on separate days).
Your Contract is for either of the following:
- one Product which is delivered in instalments on separate days.
- multiple Products which are delivered on separate days.
End of the cancellation period
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
9.4 To cancel a Contract, you must contact Us in writing by sending an e-mail to info@hollyandbeau.com or telephone [+441603 673 692] and confirm in writing. 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. If you call us to notify Us of your cancellation, then your cancellation is effective from the date you telephone Us.
9.5 If you cancel your Contract we will:
9.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
9.5.3.1 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
9.5.3.2 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card or debit card used by you to pay.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
9.8.1 then you must return it to Us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
9.8.2 unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you; and
9.8.3 the Products must be returned in their original packaging, where reasonably possible.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
9.10 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Delivery
10.1 All Products must be signed for by an adult aged 18 years or over on delivery.
10.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an” Event Outside Our Control”( as defined see clause 20.2). 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.
10.3 Delivery will be completed when we deliver the Products to the address you gave us.
10.4 If no one is available at your address to take delivery, we will leave you a note stating that the Products are either: held with the local courier or have been returned to our premises, in which case, please contact us to rearrange delivery.
10.5 The Products will be your responsibility from the completion of delivery.
- TITLE TO THE PRODUCTS (BUSINESSES)
This clause 11 only applies if you are a business.
11.1 Title to the Products shall not pass to you until the earlier of:
11.1.1 we receive payment in full (in cash or cleared funds) for the Products and any other Products (including all applicable delivery charges) that we have supplied to you in respect of which payment has become due, in which case title to the Products shall pass at the time of payment of all such sums; and
11.1.2 you resell the Products, in which case title to the Products shall pass to you at the time specified in clause 11.3.
11.2 Until title to the Products has passed to you, you shall:
11.2.1 store the Products separately from all other products held by you so that they remain readily identifiable as our property;
11.2.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
11.2.3 maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
11.2.4 notify us immediately you become subject to any of the events listed in clause 21.2; and
11.2.5 give us such information relating to the Products as we may require from time to time.
11.3 Subject to clause 11.4, you may resell or use the Products in the ordinary course of your business (but not otherwise) before we receive payment for the Products. However, if you resell the Products before that time:
11.3.1 You do so as principal and not as our agent; and
11.3.2 title to the Products shall pass from us to you immediately before the time at which resale by you occurs.
11.4 If before title to the Products passes you become subject to any of the events listed in clause 21.2, then, without limiting any other right or remedy we may have:
11.4.1 we may at any time:
11.4.1.1 require you to deliver up all Products in your possession which have not been resold, or irrevocably incorporated into another product; and
11.4.1.2 if you fail to do so promptly, enter any premises of yours or of any third party where the Products are stored in order to recover them.
- TITLE TO THE PRODUCTS (CONSUMER)
This clause 12 only applies if you are a consumer
12.1 Title to the Products you have ordered from our website shall pass to you on delivery of the Products, provided we have processed and received payment for the Products.
- International delivery
13.1 We deliver to the countries listed on this page (“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.
13.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
13.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
13.4 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.
- Price of products and delivery charges
14.1 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 7.5 for what happens in this event.
14.2 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.
14.3 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.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
- How to pay
15.1 We will take payment from your card or PayPal account at the time we receive your order. Products are subject to availability. In the circumstance where we are unable to supply the product, we will inform you as soon as possible. A full refund will be given if you have already paid for the goods. Additional Terms and Conditions for payments via PayPal can be found on www.paypal.co.uk.
15.2 To unsure that your debit, credit or PayPal account is not being used by anyone without your consent we will validate your, name, address and personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions you are consenting to such checks being made.
15.3 All information provided by you will be treaded securely and strictly in accordance with the Date Protection Act 1998.
15.4 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. All prices are shown in pounds sterling and include VAT (where applicable) and exclude delivery charges unless otherwise stated.
15.5 15.1 will apply to all sales to non-consumers unless special terms are agreed and a credit account is opened with Us.
- Manufacturer guarantees
16.1 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.
16.2 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.
- Our warranty for the Products
17.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for purposes for which products of the kind are commonly supplied.
17.2 We will 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 17.4.
17.3 Losses are foreseeable where they could be contemplated by you and us at the time your offer is accepted by us.
17.4 The warranty in clause 17.1 does not apply to any defect in the Products arising from:
17.4.1 fair wear and tear;
17.4.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
17.4.3 if you fail to operate or use the Products in accordance with the user instructions;
17.4.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
17.4.5 any specification provided by you.
17.5 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.
- Our liability if you are a business
This clause 18 only applies if you are a business customer.
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
18.2 Nothing in these Terms limit or exclude our liability for:
18.2.1 death or personal injury caused by our negligence;
18.2.2 fraud or fraudulent misrepresentation;
18.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
18.2.4 defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, 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:
18.3.1 any loss of profits, sales, business, or revenue;
18.3.2 loss or corruption of data, information or software;
18.3.3 loss of business opportunity;
18.3.4 loss of anticipated savings;
18.3.5 loss of goodwill; or
18.3.6 any indirect or consequential loss.
18.4 Subject to clause 18.2 and clause 18.3 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
18.5 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.
- Our liability if you are a consumer
This clause 19 only applies if you are a consumer.
19.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
19.2 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.
19.3 We do not in any way exclude or limit our liability for:
19.3.1 death or personal injury caused by our negligence;
19.3.2 fraud or fraudulent misrepresentation;
19.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
19.3.4 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
19.3.5 defective products under the Consumer Protection Act 1987.
- Events outside our control
20.1 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 clause20.2.
20.2 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.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
20.3.1 we will contact you as soon as reasonably possible to notify you; and
20.3.2 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.
- Termination and suspension
This clause 21 only applies if you are a Business
21.1 If you become subject to any of the events listed in clause 21.2, we may terminate the Contract with immediate effect by giving you written notice.
21.2 For the purposes of clause 21.1, the relevant events are:
21.2.1 you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or you admit inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) you have any partner to whom any of the foregoing apply;
21.2.2 you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
21.2.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for a solvent amalgamation of your company with one or more other companies or your solvent reconstruction ;
21.2.4 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
21.2.5 (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;
21.2.6 a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
21.2.7 (being an individual) you are the subject of a bankruptcy petition or order;
21.2.8 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
21.2.9 any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 21.2.1 to clause 21.2.6 (inclusive);
21.2.10 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
21.2.11 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
21.2.12 (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
21.2.13 or any event occurs, or proceedings are taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 21.2.1 to 21.2.12 inclusive.
21.3 Without limiting our other rights or remedies, we may suspend provision of the Products under the Contract or any other contract between you and us if you become subject to any of the events listed in clause 21.2.1 to clause 21.2.12, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
21.4 On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
21.5 Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
21.6 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
- Communications between us
22.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
22.2 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or purchasing over the phone, you accept that communication between us will be mainly electronic.
22.3 If you are a consumer:
22.3.1 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 info@hollyandbeau.com or by sending a letter to the Company at Rouen House, Rouen Road, Norwich, Norfolk, NR1 1RB. 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.
22.3.2 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 Holly and Beau Ltd at Rouen House, Rouen Road, Norwich, Norfolk, NR1 1RB You can always contact us using our Customer Services telephone line.
22.4 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.
22.5 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Other important terms
23.1 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 by posting on this webpage if this happens.
23.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
23.3 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.
23.4 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.
23.5 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.
23.6 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.
23.7 If you are a business, these Terms are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Holly & Beau Limited