TERMS & CONDITIONS OF USE / LEGAL STATEMENT
IMPORTANT! Please carefully read the following terms and conditions (“Terms”) governing your use (including access, browsing and/or use of any interactive features) of those portions of the MAYHAWK website accessible at www.mayhawk.com, as well as and including any other MAYHAWK websites or web pages accessible through the MAYHAWK website or other promotional websites MAYHAWK hosts or sponsors such as minisites or pages on third party social networking services (Websites/Sites).
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.
Registered in England
Registered No: 9093483
MAYHAWK Copyright All Rights Reserved
MAYHAWK® is a Registered Trade Mark : UK00003218043
These terms and conditions were last revised on 27 July 2017.
The Terms apply to your use of and access to the Platforms and Apps, including all orders submitted by you for any products or services made available by us for purchase over the Platforms. By accessing the Platforms and/or the Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing of the Platforms immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Platforms. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
1. USE OF THE WEBSITE
1.1. These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the “Terms”) apply to your use of and access to the Website and any other website or application permitting you to place an order with Mayhawk for any products and services, including all orders submitted by you for any products or services made available by us for purchase over the Website. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or the Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website or the relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
1.2. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
1.3. You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
1.4. We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you. We may also cancel any registration(s) or account(s) on this Website at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
1.5. The Website may include links to other websites or resources (“Linked Websites”). Mayhawk has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Mayhawk is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Mayhawk will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
1.6. Mayhawk may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
1.7. Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
1.8. Mayhawk will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Mayhawk for and indemnify Mayhawk and keep Mayhawk indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Mayhawk as a result of any claim in respect of your use of the Website.
1.9. Mayhawk has the right to remove any material or posting you make on the Website in Mayhawk’s sole discretion.
1.10. References to ‘We’ in the Customer Service Information refers to Mayhawk.
1.11. We may offer you the ability through the Website to check the availability of certain products in specified Mayhawk stores. This functionality will not be available for all Mayhawk stores. The level of stock availability shown will be updated regularly but it does not guarantee that the product checked will be available when you visit the specified store. Unfortunately products cannot be reserved in store using this functionality.
1.12. To the fullest extent permitted by law, we and our Related Parties disclaim all warranties regarding the site, and shall not be responsible Or liable for any Damages due to:
- statements, errors or omissions in the Site;
- content infringing any third party’s rights;
- viruses that may be transmitted to your computer;
- linking to any other site or its nature or contents;
- any other matter regarding this Site and your use of it.
1.13. Mayhawk endeavours to ensure that the information posted by it on the Website is accurate and complete. Mayhawk does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Mayhawk does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Mayhawk recommends that all users of the Internet ensure they have up to date virus checking software installed.
2. ACCEPTANCE OF ORDERS
PURCHASE OF PRODUCTS
2. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Purchase orders from businesses may be accepted upon credit approval of and payable on terms set for your account or such other terms as we may approve or require.
2.A. As many of the products proposed for sale on the Website are foodstuffs, including some that are prone to deteriorating or expiring rapidly, the right of withdrawal does not apply to the Customer.
2.B. The products proposed for sale by Mayhawk are those featuring on the website on the day that it is consulted by the Customer and are subject to availability.
2.C. By placing an order for products, you agree to be bound by and accept these terms and conditions. These terms and conditions are subject to change by Mayhawk Limited without prior written notice at any time, in our sole discretion.
ACCEPTANCE OF ORDERS
2.1 All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product ; or
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
2.2 After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services (the “Delivery Services”). Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of (a) a contract of sale of the Products between us and you will not take place unless and until (i) the Products have been collected from us by a Delivery Company on your behalf and we have sent you an email confirming that the Products have been dispatched to you (“Dispatch Confirmation”). Please note that the option to collect in store is only available in certain specified countries and from specified Mayhawk stores. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
2.3. If ordering by phone, and you have not provided us with an email address, we reserve the right to follow an alternative process. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) the Products have been collected from us by a Delivery Company on your behalf or (ii) in the event that you have elected to collect the Products from a Mayhawk store.
2.4 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
2.5. In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist/favourites are not reserved and may be purchased by other customers.
2.6 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
2.7 Unless we otherwise inform you, in respect of certain products, payment shall be taken in advance, when or shortly after you submit your order. You will be charged for products when ordered, together with the relevant delivery charges that we collect and any card processing or payment processing charges.
2.8 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.
2.9 The products are presented using an information sheet (product description, ingredients, photograph and price etc.) containing information that is as correct and precise as possible to give as faithful and complete a description as possible. However, considering the digital means of presenting the products online, it is possible that the Customer’s perception of the photographic representation of a product does not correspond exactly with the product itself. The photographs, diagrams, drawings or videos illustrating the products are not contractually binding.
2.10 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
2.11 The ordering of any product proposed on the site supposes the reading and express acceptance of the present general terms and conditions, and this acceptance does not require the Customer’s handwritten signature. The validation of the order form by the Vendor constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sum due for fulfilling that order is payable.
3. PRICES & PAYMENT TERMS
3.1 All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see section 3.4 below.
3.2 We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Website, subject to our right to refuse an order, we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.
3.3 Mayhawk may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
3.4 Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3.5 The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges.
3.6 More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section.
3.7 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.8 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
3.9 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
3.10 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
4. DELIVERY, TITLE & RISK
4.1 We do not deliver our Products ourselves, we use a dedicated Delivery / Shipping Company, who will provide this delivery service of our Products to you. When ordering, you will be offered a Shipping and Delivery Service once you reach the delivery address details page at the checkout. Orders will be sent to the delivery address that you have given on your order form. Neither we nor the Delivery Company can be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
4.2 When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to despatch your order in accordance with the estimated delivery times set out, or as otherwise specified in the checkout process as you submit your order. Please note that there are a number of UK postcodes to which the Delivery Company cannot deliver on a next day basis or on a Saturday. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
4.3 Title in the Products will pass to you on the later of:-
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products by the Delivery Company on your behalf for delivery to your nominated address or designated Mayhawk store) (as applicable).
4.4 Once a Product has been collected by the Delivery Company on your behalf, all risk of damage to, or loss of, the Product shall pass to you. However, the terms and conditions of the Delivery Company contain certain provisions protecting you until such time as the Delivery Company delivers the Product(s) to you or, in the event that you elect to collect your Product from a Mayhawk store, on the collection of such Product by you or by a third party on your behalf from the designated Mayhawk store.
4.5 We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
4.6 As part of the ordering process, you will contract for a supply of goods by Mayhawk and a separate supply of delivery services from the Delivery Company we nominate. Monies due from you to the Delivery Company will be collected by Mayhawk and passed to the Delivery Company on your behalf. Upon placing an order you will receive various emails and paper documents in relation to your order. In respect of each of these and any other similar emails or paper documents, please note that references to express courier, shipping, handling and any other similar terms relate to the services performed by the Delivery Company.
4.7 In the event that a Product is subsequently imported into a country other than the country to which the Delivery Company delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
4.8 Mayhawk reserves the right to entrust some services to third parties, employees or agents working under its responsibility within the limits provided by the law and regulations on accreditation.
4.9 Note: Chocolate products are heat sensitive. During summer months, and days experiencing high temperatures, product shipments and delivery times may be curtailed and postponed, until the weather cools. Otherwise the shipment may be subject to a ‘warm-weather fee’. This fee includes the use of warm weather packaging, consisting of an insulated container and reusable frozen gel-packs. This special packaging will keep the product cool for 48 hours or more.
4.10 Mayhawk reserves the right to determine if special shipping and handling fees will apply to your order and you agree to pay all such fees based on Mayhawk representatives determination of weather conditions and other shipping conditions that might affect our products.
5. CANCELLATION & RETURNS
5.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy. This Returns & Cancellation Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
5.2 Where you return a Product under the Regulations we will issue you with a full refund if the Product is found by us to be faulty or in a poor standard, but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns & Cancellation policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, Mayhawk shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
5.3 Return of products shall be accepted only for defects in quality. In that case, customers are requested to send an email to the customer services department and the request be accompanied by photos of the product as well as its packaging. Return of products is only permissible 14 working days after the package has been received. All goods will be examined on their return to us and the cancellation and refund of an order is not accepted by us until we have examined the goods and informed you of our acceptance in writing.
5.4 To return products, you must e-mail our customer service department to obtain a Return Order Number (RON) before return shipping your product. No returns of any type will be accepted without a RON and the information requested in (5.3) above. For a faster service, please include the following information when emailing to request a RON: customer name, invoice or order number, and a description of the problem. To expedite the processing of your refund or credit, we ask that products be returned within 5 days of the date that we issue the RON, so that we can inspect the product to determine if a refund is warranted.
5.5 On agreement that a refund is warranted we will refund the full price of the goods and any applicable delivery charges you paid for. You can expect a refund in the same form of payment originally used for purchase within 30 days of our receiving your return.
5.6 Any complaints must be sent without delay by email or by post and addressed to the registered office, whose address is given in Article 1 of these terms and conditions. If it transpires within thirty days following the receipt of the complaint that We have failed in the performance of our obligations, We shall then make a new delivery of the products concerned by the complaint, at our own expense.
5.7 Offers of sale are subject to the availability of products. If a product proves to be unavailable after the order has been validated, Mayhawk representatives will undertake to inform the Customer as soon as possible by email or telephone. The Customer may then request the cancellation of the order or equal value replacements.
6. INTELLECTUAL PROPERTY OWNERSHIP RIGHTS
6.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the “Content”), is either owned or licensed by Mayhawk, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
6.2 The “Mayhawk” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the“Trade Marks”), are and remain the exclusive property of Mayhawk and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
6.3 All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the “Intellectual Property Rights”) are and shall remain the exclusive property of Mayhawk and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
6.4 Limited Licence
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website limited such that it does not include the right to:
(a) use the Website in any way which may prejudice or damage the reputation of Mayhawk;
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
6.5 Mayhawk may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
6.6 All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by MAYHAWK and MAYHAWK may use such materials in any manner that it deems appropriate.
6.7 By using this Website, you agree to indemnify, defend and hold harmless us and our Related Parties from all Damages, costs and expenses, including reasonable lawyer’s fees and costs, arising out of any of the following:
- Any claims for infringement of intellectual property rights, libel, defamation relating to any materials you send to the Site;
- Any activity relating to your Internet Account, including negligent or wrongful conduct by you or anyone using the Site through your Internet Account;
- Your breach of any provision of these Terms;
- Any other matter regarding this Site and your use of it.
You agree to use best efforts to cooperate with us in the defence of any such matter.
7. DISCLAIMER, LIMITATIONS & EXCLUSION OF WARRANTIES
EXCLUSION OF WARRANTIES
7.1 This Section does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
7.2 SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAYHAWK DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
LIMITATIONS OF LIABILITY
7.3 Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
7.4 Subject to the above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
7.5 Subject to the above the aggregate liability under these Terms of Mayhawk whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Mayhawk.
7.6 The fact that the Customer has not received the present terms and conditions in his/her native language does not exempt him/her from applying them.
7.7 To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on as “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantabilty, fitness for a specific purpose, freedom from computer virus, or non-infringement. Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Please check your local laws.
This section does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
ASSIGNMENT, SUBCONTRACTING ETC
8.1 We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
AMENDMENTS TO THESE TERMS
8.2 We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
EVENTS BEYOND OUR REASONABLE CONTROL
8.3 Neither we nor the Delivery Company will be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
8.4 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
8.5 If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
GOVERNING LAW AND JURISDICTION
8.6 These Terms and all transactions relating to the Website are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.
8.7 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
8.8 We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
8.9 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
8.10 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
8.11 All notices given by you to us must be sent to Mayhawk at Mayhawk Barn, Clanna Lane, Alvington, GL15 6AF, United Kingdom or by email, contact us. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on the 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.
8.12 If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
8.13 A waiver by us of any default shall not constitute a waiver of any subsequent default.
8.14 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the above.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
8.15 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.