TERMS AND CONDITIONS
Terms and Conditions for online shopping
This web site is operated by Gweniss ("we", "us" or "our"). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated.
We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the email. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
All prices are in UK Pounds and are inclusive of VAT where applicable, at the current rate. The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
The price of the goods does not include a charge for delivery.
Although we endeavour to hold stock of all the items advertised for sale on our site this cannot be guaranteed so that by acknowledging receipt of your order we are not creating a binding contract to supply what you have ordered but which we do not have in stock. The content of the site is managed and therefore any products that are out of stock should be highlighted.
We will endevour to contact you as soon as we can with any stock issue (normally within 72 hours of receipt of your order). You can decide whether to refund or exchange to an alternative item.
In the event of unavailability for whatever reason, we will advise you of our position when we receive your order and we will await your subsequent instructions.
Dispatch & Delivery
Dispatch of the item depends on the product category and product itself. Please check the product description for the dispatch time. If we have the item in stock, orders will normally be dispatched within 1-2 working days. We will always do our best to inform you about any delays but we will not be liable for late courier or postal delivery. Undelivered or missing parcels must be reported within 60 days of them being shipped, anything outwith this time frame cannot be dealt with therefore no refund, exchange or reship will be made available. More information about our delivery can be read here: Delivery Information.
Returns & Refunds
We believe you will be delighted with your purchases but there may be occasions when you feel it necessary to return or refund an item. We also understand that sometimes items you receive are not quite as you expected, and you have 14 days to return your products to us after receiving them if you change your mind. More information about our Return & Refund Policy you can read here: Return & Refund Policy
Warranty and Liability
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence; neither will any of these terms restrict any of your statutory rights.
In addition that outlined above we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
Other than as set out above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
Terms and Conditions for Using the Website
1.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Gweniss Limited and we are the owner of this website. We are a company registered in England with our registered office at 2 Woodberry Grove, London. N12 0DR (and we refer to ourselves as " Gweniss", "we" or "us" or "our" in this document). Our English company registration number is 7579042, VAT No.127893087
1.2 Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.3 These Terms and Conditions were most recently updated on 25 November, 2011(version 3). We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by completing a Contact Us form) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions.
1.4 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.1.1 "Microsite" means an auxiliary website supplementary to our main website.
2.1.2 "Purchase" means the purchase of goods.
2.1.3 "Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
2.1.4 "Service" means all or any of the services provided by Gweniss via the Website (or via other electronic or other communication from Gweniss) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
2.1.5 "Website" means the Gweniss.com website and any Microsite.
3. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE
3.1 Applicability of terms and conditions: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2 Age: To use the Website and/or the Service (whether with or without registration) and to make any Purchase, you must be 18 years of age or over.
3.3 Place: The Website and the Service and any Purchase are directed solely at those who access the Website from the United Kingdom. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of the United Kingdom. If you choose to access the Website (or use the Service or make a Purchase) from locations outside the United Kingdom, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4 Scope: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.6 Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
3.7 Making an Order: All communication to you from Gweniss.com will be send to your email address as supplied when you register. If you do not receive a confirmation email after registering or placing an order please contact us immediately. Gweniss.com will not be responsible if you should fail to receive emails sent to the email address you provide when you register. The steps required, creating the contract between you and Gweniss Limited are:
- You place the order for your products on the website by pressing the confirm button at the end of the checkout process.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Gweniss.com
- When your product is shipped from our warehouse we will send you a dispatch confirmation email
- Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order or it might be a delay.
3.8 Cancellations: We reserve the right to cancel orders up to the point of delivery. If your order is cancelled, we will notify you via email and a refund will be issued within 14 days of notification.
4. REGISTRATION AND ACCOUNTS
4.1 Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, you must Register in order to make a Purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.3 Passwords: Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4.5 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-UK user pretends to be a UK user, or disrupts the Website or the Service in any way.
4.6 Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5. YOUR OBLIGATIONS
5.1 Accurate information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
5.2 Content on the Website and Service: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
5.3 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
5.3.1 to send or receive any material which is not civil or tasteful;
5.3.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
5.3.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
5.3.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.3.5 to cause annoyance, inconvenience or needless anxiety;
5.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
5.3.7 for a purpose other than which we have designed them or intended them to be used;
5.3.8 for any fraudulent purpose;
5.3.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
5.3.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
5.4 Forbidden uses: The following uses of the Service (and Website) are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
5.4.1 resale of the Service (or Website);
5.4.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
5.4.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
5.4.4 accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
5.4.5 executing any form of network monitoring which will intercept data not intended for you;
5.4.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
5.4.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
5.4.8 sending malicious email, including flooding a user or site with very large or numerous emails;
5.4.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
5.4.10 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
5.4.11 unauthorised use, or forging, of mail header information;
5.4.12 engage in any unlawful activity in connection with the use of the Website and/or the Service; or
5.4.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
6. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
6.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by completing a contact us form.
6.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
6.3 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
6.4 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
6.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Service at any time.
6.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
7. SUSPENSION AND TERMINATION
7.1 If you use (or anyone other than you, with your permission uses) the Website or Service in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part).
7.2 If we suspend the Service or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
7.3 Gweniss shall fully co-operate with any law enforcement authorities or court order requesting or directing Gweniss to disclose the identity or locate anyone in breach of this Agreement.
7.4 Without limitation to anything else in this Clause7, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
7.4.1 you commit any breach of this Agreement;
7.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
7.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
7.5 Notwithstanding anything else in this Clause 7, we may terminate this Agreement at any time.
7.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
8.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
a) your use of the Service or Website;
b) the use of a Voucher;
c) the use of the Service or Website through your password; or
8.1.2 any breach of this Agreement by you.
9. STANDARDS AND LIMITATION OF LIABILITY
9.1 We warrant that:
9.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement.
9.2 This Clause 9 (and Clause 1.4) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
9.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or
9.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
9.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by ss.12 and 14 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).
9.4 We do not warrant and we exclude all Liability in respect of:
9.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
9.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
9.4.3 your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
9.5 Save as provided in Clause 9.3 but subject to Clause 9.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
9.6 Save as provided in Clause 9.3 but subject to Clauses 9.4.3 and 9.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed £10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 9.6.
9.7 Save as provided in Clauses 9.3 and 9.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
9.8 Save as provided in Clause 9.3, we shall have no Liability for:
9.8.1 loss of revenue;
9.8.2 loss of actual or anticipated profits;
9.8.3 loss of contracts;
9.8.4 loss of the use of money;
9.8.5 loss of anticipated savings;
9.8.6 loss of business;
9.8.7 loss of opportunity;
9.8.8 loss of goodwill;
9.8.9 loss of reputation;
9.8.10 loss of, damage to or corruption of data; or
9.8.11 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 9.8.1 to 9.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
9.9 Save as provided in Clause 9.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
9.10 The limitation of Liability under Clause 9.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
9.11 In this Clausev:
9.11.1 "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); and
9.11.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
10. DATA PROTECTION
11.1 We may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
11.2 You are free to select or click on advertised goods and services or not as you see fit.
11.3 Any advertisements may be delivered on our behalf by a third party advertising company.
12. LINKS TO AND FROM OTHER WEBSITES
12.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
12.2 This Gweniss.com website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 13.4) information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
13.2 None of the material listed in Clause 13.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on 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 without our permission.
13.3 All rights (including goodwill and, where relevant, trade marks) in the Gweniss name are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
13.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
13.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
13.6 Subject to Clause 13.7, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
13.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
14.1 Interpretation: In this Agreement:
14.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
14.1.2 clause headings such as ("14. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 14.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’
14.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
14.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
14.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
14.4Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
14.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
14.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
14.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
14.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Gweniss, its subsidiaries, any holding companies of Gweniss, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
14.10 Survival: In any event, the provisions of Clauses 1, 2, 5.7, 5.8,5.9, 5.10,5.11, 5.12, 6.1, 8,9, 13 and 14 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service.
14.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
14.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.
15.1 The Website and the Service is owned and operated by Gweniss Ltd, a company registered in England and Wales whose registered office is at 2 Woodberry Grove, London N12 0DR. If you have any queries please use the Contact Us form available on our home page.
- The promoter is: Gweniss (company no.07579042) whose registered office is at Unit 4, The Claremont Centre, 15-39 Durham Street, Glasgow, G41 1BS.
- The competition is open to international consumers, aged 16 years or over except employees of Gweniss, and their close relatives and anyone otherwise connected with the organization or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- Only one entry will be accepted per person. Multiple entries from the same person will be disqualified
- No responsibility can be accepted for entries not received for whatever reason.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- The promoter will notify the winner when and where the prize can be posted.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- The competition and these terms and conditions will be governed by Scottish law and any disputes will be subject to the exclusive jurisdiction of the courts of Scotland.
- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- Entry into the competition will be deemed as acceptance of these terms and conditions.