- Information about us
- Our Services
- Other Relevant Terms and Policies
- If You Are A Consumer
- If You Are A Business Customer
- Our Contract With You
- Return of Stored Products
- International Delivery
- Term of Service Contracts
- Rights to Terminate Service Contracts
- Consumer Right to Cancel a Service Contract
- Purchase, Sale and Custody of Your Stored Products By Us
- Risk and Insurance
- Our Liability If You Are A Consumer
- Our Liability If You Are A Business
- Changes To These Terms
- Communication Between Us
- Other Important Terms
If you are looking for our general terms of sale please click here.
These Terms will apply to any orders for Services placed by you (Orders) and any contract between us for the sale of Services to you (Service Contract). Please read these Terms carefully (in particular clauses 14, 16.4 and 17.4) and make sure that you understand them before ordering any Services from us. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
These Terms and any contract between us are only in the English language. Please note we may not necessarily keep a copy of your Service Contract and we may amend these Terms from time to time. Every time you order Services from us, the Terms in force at that time will apply to your Order. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time and ensure that you keep a hard copy of such Terms for your future reference.
Information about us
1.1 We operate chards.co.uk (the Website) and offer the provision of Services to you. We are Chard (1964) Limited, a company registered in England and Wales under company number 1378220 and with our registered office and store at 32-36 Harrowside, Blackpool, FY4 1RJ (Chard, we, us). Our VAT number is GB 157 0712 74.
1.2 To contact us, please see our Contact page [https://www.chards.co.uk/contact] or clause 19 of these Terms.
2.1 When you purchase Products from us via the Website, over the telephone (on 01253 343081) or in our store, you may purchase the Services in respect of those Products in the same transaction.
2.2 For any other Products (Products that you purchase from us before you purchase the Services or Products that have not been purchased from us), you must place your Order for the Services and deliver those Products to us at our store and you may be required to sign an inventory specifying the description and condition of those Products at the time they are delivered to us.
2.3 Each Order for the Services that is accepted by us under these Terms shall constitute a separate Service Contract.
2.4 By placing an Order, you confirm that you have all rights, permissions and consents that are required in order place an Order and to receive the Services in respect of the Stored Products.
2.5 All Stored Products will be stored in one of our dedicated strong rooms. Gold and platinum will be stored within a safe in one strong room, and all other Stored Products will be stored in a separate strong room. Stored Products will be identifiable as belonging to the relevant customer and stored in a customer-specific location. Access to our strong rooms and safes is restricted to our authorised personnel only.
2.6 We reserve the right to conduct audits of any Stored Product(s) in our possession (annually and at any other times as we reasonably require) and to grant our professional advisers with access to your Stored Products for the purpose of carrying out any such audit.
Other Relevant Terms and Policies
3.1 We only use your personal information in accordance with our Privacy and Cookies Policy [https://www.chards.co.uk/privacy. Please take the time to read this document as it includes important terms which apply to you.
3.2 All contracts for the purchase of Products from us (Product Contracts) shall be made in accordance with and governed by our Terms and Conditions of Sale for Products https://www.chards.co.uk/terms] and each Product Contract shall constitute a separate contract from any Service Contract.
If You Are A Consumer
4.1 This clause 4 only applies if you are purchasing the Services as a consumer (which means that you are not purchasing the Services in the course of your trade, business, craft or profession).
4.2 If you are a consumer you may only purchase the Services from us if you are at least 18 years old.
4.3 As a consumer, you have legal rights in relation to the Services that are 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 5 only applies if you are purchasing the Services as a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase the Services from us.
5.2 These Terms and our Privacy and Cookies Policy [https://www.chards.co.uk/privacy] together constitute the entire agreement between you and us relating to the Services and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the same.
5.3 We will provide the Services with reasonable care and skill.
5.4 You acknowledge that by placing an Order and entering into a Service Contract with us, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy and Cookies Policy.
5.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or our Privacy and Cookies Policy.
Our Contract With You
6.1 If you place an Order pursuant to clause 2.1 or 2.2, we will require you to set up an account with us and provide certain information before we will accept your Order. This information may include without limitation your full name or company name and address (as set out on identification documents issued by or on behalf of the relevant government), email address, telephone number, photograph, date of birth and/or information about the Stored Products. You must notify us immediately of any changes to this information. This information should, where possible, be provided when you place your Order and in any event no later than the first working day after ordering. In these Terms, working days means Monday to Friday (excluding public holidays in England). We reserve the right to require proof of identification at any time for any reason (which may include a requirement to provide your passport, driving licence, utility bills or bank statements (no more than three months old) and other official documents – please see here for further information about acceptable proof of identification). We will contact you if we require you to provide any additional information or proof of identification.
6.2 When you submit an Order to us, you make an offer to purchase the Services at the price that we have notified to you during the ordering process and otherwise under these Terms.
6.3 All Orders are subject to our acceptance. An Order shall only be deemed to be accepted by us when we expressly notify you of our acceptance in accordance with clause 6.5(c), clause 6.6(b) or clause 6.7(b) (as applicable), at which point and on which date the Service Contract shall come into existence. If we are unable to accept your Order (for example, because of limits on storage space or because we have identified an error in the Fees), we will inform you and will not process your Order. If you have not received confirmation that your Order has or has not been accepted within a reasonable time of ordering, please contact us.
6.4 Before placing an Order for Services, you will be required to confirm your acceptance to these Terms during the ordering process. If you refuse to accept these Terms, you will not be able to order any Services from us.
6.5 If you place your Order via the Website:
- please take the time to read and check your Order at each page of the order process;
- you must ensure when placing the Stored Products into your online shopping basket that you select the ‘Buy + Secure Storage’ option, rather than the ‘Buy + Delivery’ option; and
- after you have placed your Order online, you should receive an e-mail from us acknowledging that we have received your Order (but please contact us if you do not receive this email). Please note that this does not mean that your Order has been accepted. If your Order has been accepted, we will send you an e-mail expressly confirming that your Order has been accepted, at which point the Service Contract between us will be formed.
6.6 If you place an Order over the telephone:
- we will read certain of these Terms to you and will inform you where you may find a full copy of these Terms; and
- this does not mean that your Order has been accepted. We will confirm when your Order has been accepted by sending you an e-mail or by expressly notifying you over the telephone, confirming that your Order has been accepted, at which point the Service Contract between us will be formed.
6.7 If you place an Order in-store:
you will be required to complete an order form in respect of your Order; and
the Service Contract between us will be formed when signed by us.
7.1 The fees payable by you for the Services (Fees) will be as notified to you by us (via the Website, over the telephone or in-store, as applicable) during the ordering process. Further information about our Fees for the Services can be found on our Website. The Fees notified to you will be inclusive of any VAT that may be applicable. The Fees are payable in addition to the price of any Products that you wish to purchase from us.
7.2 The Fees shall be charged on a monthly basis. Months for the purpose of the Fees (Billing Months) shall follow calendar months. The first Billing Month (which may not be a complete calendar month) shall commence on the Service Start Date (as defined in clause 11.1) and subsequent Billing Months shall commence on the 1st of the month.
7.3 The Fees will vary each Billing Month in line with variations to the value of the Stored Products. You will not be invoiced for any Fees for the Services when you place your Order. The Fees payable for the Services in the first two Billing Months will be invoiced on or around the start of the second Billing Month. The Fees for each subsequent Billing Month will be invoiced in arrears on or around the start of that Billing Month. The Fees payable for each Billing Month under a Service Contract, will be calculated as follows:
Value of Stored Products x Relevant Percentage / 12 + VAT
- the Value of Stored Products shall be calculated by multiplying the weight in grams of those Stored Products by the average price per gram. The average price per gram shall be calculated by adding the highest and lowest price per gram for a Stored Product (according to the live price feed on the Website) during the 30-day period immediately before the invoice date and dividing this amount by 2;
- the Relevant Percentage shall be:
- 0.5% per annum for gold;
- 0.6% per annum for all other Stored Products; and
The minimum amount of the Fees payable by each customer shall be £10 (inlcuding VAT) per Billing Month.
7.4 The Fees shall be payable in respect of Services provided during the term of a Service Contract. After termination of a Service Contract, we will hold the relevant Stored Products free of charge for a maximum of 14 days, but we reserve the right to charge the Fees for any storage of your Stored Products after expiry of this 14 day period.
7.5 We may change how we calculate the Fees under a Service Contract at any time provided that we give at least one (1) month’s prior notice to you of such change, to take effect at the start of the following Billing Month. If you do not accept any such change to the Fees, you may terminate your Service Contract under clause 12.1.
7.6 We take all reasonable care to ensure that the Fees and delivery charges are correct at the time at which they are notified to you. However, it is always possible that, despite our reasonable efforts, the Fees or delivery charges we notify to you may be incorrect. If the correct Fees or delivery charges are less than the amounts that were notified to you during the order process, we will charge the lower amount.
7.7 If you place an Order for the provision of Services in respect of Products not purchased from us, we reserve the right to charge (in addition to the Fees) a valuation and administration fee of £25 (excluding VAT) which shall be payable when you place your Order.
8.1 You must pay each invoice for the Fees within 14 days of the date of issue.
8.2 The Fees may be paid by bank transfer, direct debit, debit card or cheque. If you would like to pay by direct debit, please let us know and we can assist you in making the appropriate arrangements with your bank. Payments by direct debit will be taken on or around the first day of each Billing Month unless otherwise agreed. If you would like to pay by credit or debit card, we will provide an online payment link with each invoice.
8.3 Internet access is required when paying for Website or telephone Orders by debit card. Please note that debit cards issued outside of the UK may not be accepted by the relevant banks and we will contact you if your payment by debit card is rejected. For further information regarding methods of payment, please contact us before placing your Order.
8.4 Pursuant to EU and UK anti-money laundering laws, we do not accept more than €10,000 (or an equivalent amount in any other currency or currencies) in cash from any person and other persons connected to them (including without limitation their partner, parents, siblings and friends) in any five year period.
8.5 All payments should be made in pounds sterling unless otherwise agreed by us in advance of placing your Order. If you choose to pay in a foreign currency or from a bank account which is not a pounds sterling account, you shall be responsible for paying all charges and fees incurred by you and us as a result of your payment in a foreign currency or from such account.
8.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Return of Stored Products
9.1 You may request the return of any Stored Product at any time during the term of the relevant Service Contract.
9.2 If you take any Stored Product out of storage with us, you shall be deemed to have served notice to terminate your Service Contract in respect of that Stored Product under clause 1 unless you notify us otherwise in writing. If you do not wish to terminate your Service Contract in respect of that Stored Product, we reserve the right to charge an administration and valuation fee of £25 (excluding VAT) when you place that Stored Product back into storage with us.
9.3 If you request the return of a Stored Product:
- subject to clause 5, we shall make the Stored Product available for you to collect from our store set out in clause 1.1, or we shall deliver it to you (subject to you paying any relevant delivery charges in advance and us being able to deliver to your delivery location); and
- if you wish to place that Stored Product back in storage with us, you shall be responsible for arranging its return to us at your own cost.
9.4 Upon termination of a Service Contract (in whole or part) for any reason, subject to clause 5, we shall make the relevant Stored Products available for collection by you at our store set out in clause 1.1 or (if requested by you) we shall deliver the relevant Stored Products to you (subject to you paying any relevant delivery charges in advance and us being able to deliver to your delivery location). We will only deliver Stored Products to the most recent billing address we have on record for you and you may be required to provide proof of identification in order to collect or accept delivery of your Stored Products.
9.5 We reserve the right to withhold the release of your Stored Products until all Fees, delivery charges and other charges payable by you in respect of those Stored Products have been received by us in cleared funds.
9.6 If you have asked for any of your Stored Products to be delivered to you, we will notify you of the available methods of delivery and the applicable delivery charges in force at that time. For deliveries in the UK, our standard method of delivery for Stored Products with a value of less than £60 is Royal Mail second class mail but you may select Royal Mail Special Delivery for such orders at an additional cost. Stored Products with a value of £60 and above for deliveries in the UK are sent by Royal Mail Special Delivery. For deliveries to destinations outside of the UK, we offer Royal Mail International Tracked and Signed delivery or (if that is not available) Royal Mail International Tracked delivery. Please contact us if you would like further information about our delivery charges.
9.7 Any delivery dates provided are estimates only and time for delivery of Stored Products to you shall not be of the essence.
9.8 If Stored Products are delivered through Royal Mail where a signature is required upon delivery and you are not available to accept delivery, Royal Mail’s terms in respect of such delivery shall apply which may result in your Stored Products being returned to your local Royal Mail sorting office and/or being returned to us upon failure to collect the Stored Products within a specified time. If your Stored Products are returned to us in these circumstances, you will be charged an additional delivery fee (at our standard delivery for that Stored Product) for resending the Stored Products to you.
9.9 If you have not received your Stored Products by the estimated delivery date, please contact us to let us know immediately. If there is a problem with the delivery of your Stored Products, we will provide you with a revised delivery date.
10.1 If you have asked for any of your Stored Products to be delivered to you, please note that we only deliver to the countries set out on our Deliveries page (International Delivery Destinations).
10.2 Certain countries do not allow money to be sent through their postal networks (see here for further information). We cannot accept liability for loss or damage to Stored Products comprising money sent to such International Delivery Destinations. For Stored Products that constitute money, please check whether the posting of your Stored Products to an International Delivery Destination is permitted before requesting such delivery.
10.3 If you request delivery of Stored Products to one of the International Delivery Destinations, your delivery may be subject to import duties and taxes which are applied when the delivery reaches that destination and/or may be subject to seizure by the relevant customs or other authorities if there are any restrictions on the import on the Stored Products you have attempted to import into that International Delivery Destination. Please note that we have no control over these charges and we cannot predict their amount and we do not make any representations or guarantees in respect of whether you will be permitted to import the Stored Products into any territory. You will be responsible for payment of any such import duties and taxes and for determining whether any restrictions on import are in place and applicable. Please contact your local customs office for further information before requesting delivery of Stored Products.
10.4 You must comply with all applicable laws and regulations of the country for which the Stored Products are destined. We will not be liable or responsible if you break any such law.
Term of Service Contracts
11.1 Each Service Contract will commence in accordance with clause 3. The provision of the Services will commence on this date or, if later, the date on which the relevant Stored Products come into our possession (the Service Start Date).
11.2 Each Service Contract will continue until terminated by a party in accordance with these Terms.
Rights to Terminate Service Contracts
12.1 Either party may terminate all or part of a Service Contract at any time without liability by providing at least 14 days written notice to the other party (such notice to expire at the end of a Billing Month).
12.2 We may terminate all or part of a Service Contract immediately upon written notice and without liability to you if:
- you do not make payment to us when it is due under the Service Contract and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
- you commit any other material breach of the Service Contract and (if the breach is remediable) you do not remedy that breach within 14 days of being asked to do so; or
- we are required to do so under applicable law or by any regulatory body or government authority.
12.3 If you enter a Product Contract and a separate Service Contract with us in respect of the same Product(s):
- the relevant Product(s) shall be deemed to have been delivered to you under the Product Contract on the Service Start Date; and
- if you are a consumer in the UK or EEA and you cancel your Product Contract under and in accordance with clause 12 (consumer right of return and refund) of our Terms and Conditions of Sale for Products [https://www.chards.co.uk/terms], the Service Contract (to the extent it relates to the Product Contract) will automatically terminate at the same time as the Product Contract terminates. Any such termination will not affect your liability for the Fees provided up until termination of the Service Contract in accordance with clause 4.
12.4 If a Service Contract is partially terminated in respect of some, but not all, of the Stored Products that are stored under it, the Fees payable under that Service Contract shall be reduced accordingly on a pro rata basis from the effective date of such termination.
Consumer Right to Cancel a Service Contract
13.1 If you are a consumer residing within the UK or European Economic Area, you have placed an Order via the Website or over the telephone and you did not visit us in-store before entering the Service Contract, you also have a legal right to cancel that Service Contract without giving any reason during the period set out in clause 2. This means that during the relevant period, if you change your mind, you can notify us that you wish to cancel your Order for Services. This right does not apply to business customers.
13.2 The period in which you may cancel your Service Contract will expire after 14 days from the day that Service Contract was concluded.
13.3 To exercise this cancellation right, you must inform us that you wish to cancel your Service Contract. You can inform us of your decision to cancel your Service Contract in-store, over the telephone on +44 (0)1253 343081, by post at 32-36 Harrowside, Blackpool, FY4 1RJ, England or by e-mailing us at [email protected] You may also use the model cancellation form which is set out at the end of these Terms, but it is not obligatory.
13.4 If you exercise your right to cancel your Service Contract in accordance with this clause 13 after we have started providing the Services, you must pay for the Services provided up until the time you tell us that you have changed your mind, the Fees for which will be calculated on a pro rata basis in proportion to the period for which the Services have been supplied. Any other Fees (for Services not yet provided) shall be refunded to you (less any amount we may charge for delivery of your Stored Products to you pursuant to clause 9.4) by the method you used for payment (unless otherwise agreed). We will make any refunds due to you within 14 days of you telling us that you wish to cancel your Service Contract.
Purchase, Sale and Custody of Your Stored Products By Us
14.1 If you offer to sell any Stored Products to us and we (acting in our absolute discretion) agree to purchase such Stored Products from you:
- the purchase of those Stored Products shall be governed by our separate terms and conditions of purchase;
- the relevant Service Contract, to the extent it applies to those Stored Products only, shall automatically terminate from the point that ownership of those Stored Products transfers to us
Sale and Custody
14.1 We reserve the right to sell some or all of the Stored Products that are in our possession under your Service Contract for a fair market value (being the best price that can reasonably be obtained for such Stored Products) if:
- your Service Contract has been terminated (by us or by you) and you have failed to pay all sums outstanding to us in respect of that Service Contract within three months of the date of termination (having been informed by us in writing of your obligation to pay such sums); and/or
- your Service Contract has been terminated (by us or by you) and you have failed to collect your Stored Products from us or to arrange, pay for and accept delivery of your Stored Products within three months of the date of termination (having been contacted by us on at least two separate occasions in writing or by phone requesting you to make such arrangements to take possession of your Stored Products).
14.2 We will provide you with at least one month’s written notice that we are intending to sell your Stored Products (using the contact details you have provided to us) before selling them. We shall use the proceeds of the sale of your Stored Products to pay any outstanding Fees and other amounts owing to us by you and to pay any costs associated with the sale (including, without limitation, shipping costs, administration costs and taxes) and shall transfer any remaining amounts to you in accordance with your instructions, subject to clause 14.3.
14.3 If, after 12 months following the termination or expiry of your Service Contract, your Stored Products and/or the proceeds of sale of your Stored Products acquired by us in accordance with clause 14.2 (Proceeds of Sale) remain in our possession or control because you have failed to collect your Stored Products or provide us with instructions (which we reasonably deem appropriate) on how to return your Stored Products or Proceeds of Sale to you (at your cost), title to those Stored Products and Proceeds of Sale shall immediately transfer to us at the end of such 12 month period.
14.4 Please be aware that it is imperative that we have up-to-date contact details for you at all times and it is your responsibility to keep us updated of any changes by notifying us in accordance with clause 21. Ultimately, if we are unable to contact you and we are forced to terminate your Services Contract (for non-payment of your Fees or otherwise), your Stored Products may be resold by us in accordance with clause 14.2 above and ownership of your Stored Products and any Proceeds of Sale may transfer to us in accordance with clause 14.3. We shall make reasonable attempts to contact you using the contact details we hold for you prior to re-selling your Stored Products and prior to title transferring to us in accordance with clauses 14.2 and 14.3.
Risk and Insurance
15.1 Under these Terms, risk in your Stored Products shall remain with us until you collect your Stored Products from us or they are delivered to your billing address.
15.2 We shall, at our expense, insure the Stored Products for the period during which the Store Products are in our possession, against such risks as are deemed appropriate by us from time to time.
Our Liability If You Are A Consumer
16.1 This clause 16 only applies if you are a consumer.
16.2 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 it was an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your Order.
16.3 We only supply the Services for domestic and private use. You agree not to resell the Services or use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.4 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the term implied by the Consumer Rights Act that the Services will be provided with reasonable care and skill; or
- any other liability that cannot be excluded or limited under applicable law.
16.5 Subject to clauses 16.1 to 16.3:
- our total liability to you in respect of any loss, theft, damage or destruction of a Stored Product shall be limited to the value of that Stored Product, calculated in accordance with clause 7.3(a) on the date such loss, theft, damage or destruction occurs; and
- all other losses arising under or in connection with a Service Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Fees paid by you under that Service Contract.
Our Liability If You Are A Business
17.1 This clause 17 only applies if you are a business.
17.2 We only supply the Services for your use. You agree not to resell the Services and we shall have no liability to you in respect your resale of the Services in contravention of this clause.
17.3 Subject to clause 17.3, 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 your Service Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of or damage to goodwill or reputation; or
- any indirect or consequential loss.
17.4 Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other type of liability that may not be excluded or limited by applicable law.
17.5 Subject to clauses 17.1 to 17.3:
- our total liability to you in respect of any loss, theft, damage or destruction of Stored Products shall be limited to the value of that Stored Product, calculated in accordance with clause 7.3(a) on the date such loss, theft, damage or destruction occurs; and
- all other losses arising under or in connection with a Service Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Fees paid by you under that Service Contract.
17.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. 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.
Changes To These Terms
18.1 Every time you place an Order for Services, the Terms in force at that time will apply to the Service Contract between you and us.
18.2 We may make changes to these Terms at any time provided that we give at least one (1) month’s prior notice to you of such changes, to take effect at the start of the following Billing Month. If, after receiving such notice from us, you do not accept any such changes to these Terms, you may terminate your Service Contract under clause 12.1.
Communication Between Us
19.1 If you are a consumer and you have any complaints or wish to contact us for any reason, you can contact us by telephone on +44 (0)1253 343081, by e-mail at [email protected] or by pre-paid post at 32-36 Harrowside, Blackpool, FY4 1RJ, England.
19.2 If you are a consumer and we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post using the contact details you provide to us in your Order.
19.3 If you are a consumer and you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.
19.4 If you are a business:
- any notice or other communication given by either of us under or in connection with your Service Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, airmail or e-mail.
- a notice or other communication shall be deemed to have been received: if delivered personally, when left at the recipient’s registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting to the recipient’s registered office; if sent by airmail, at 9.00am on the fifth working day after posting; or if sent by e-mail, one working day after transmission.
- 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 correct e-mail address and that no delivery failure notification was received.
19.5 The provisions of this clause 19.4 shall not apply to the service of any proceedings or other documents in any legal action.
19.6 When we use the words writing or written in these Terms, this includes e-mails.
Other Important Terms
20.1 We may transfer our rights and obligations under a Service Contract to another organisation, but this will not affect your rights or the obligations owed to you under the Service Contract.
20.2 You may only transfer your rights or your obligations under a Service Contract to another person if we agree in writing.
20.3 Each Service Contract shall be binding upon you and us, and each party’s respective personal representatives, successors and permitted assigns. 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.
20.4 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.
20.5 The rights and remedies provided under these Terms are in addition to, and not exclusive of, each other and any rights or remedies available under applicable law.
20.6 If we fail to insist that you perform any of your obligations under a Service Contract, 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.
20.7 If you are a consumer, please note that these Terms, any Service Contract and any dispute or claim arising out of or in connection with it shall be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and/or your Service Contract or their subject matter. However, nothing in these Terms or your Service Contract will limit your legal rights to bring actions against us or to require proceedings take place in the country in which you have your usual place of residence.
20.8 If you are a business, these Terms, any Service Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).
To Chard (1964) Limited:
Address: 32-36 Harrowside, Blackpool, FY4 1RJ, United Kingdom
Email: [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following services,
Ordered on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.