These Terms assume that you are a consumer (meaning you are acting outside the course of your business, trade or profession). If this is not the case, then you will be treated as a 'Trade Customer' and the trade terms and conditions will apply to you and any order you make with us.
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services.
You will receive a link to these terms and certain pre-contract information in your Confirmation Email once your order has been confirmed.
We amend these Terms from time to time as set out in clause 11. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are in the English language.
1. Information about us
The Supplier of products in this agreement is Cast Iron Radiators Limited, a company registered in England and Wales under company number 07944809 and with our registered office at Westwyn Works, Clarence Drive, Filey, North Yorkshire YO14 0AA. Our main trading address is Westwyn Works, Clarence Drive, Filey, North Yorkshire YO14 0AA. Our website is www.castironradiators.ltd.uk. Our VAT number is GB192078200.
1.1 Contacting us:
1.1.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 13, you just need to let us know that you have decided to cancel. To cancel your order, email us at email@example.com or contact our Customer Services team by telephone on 01723 321 000 or by post to Westwyn Works, Clarence Drive, Filey, North Yorkshire YO14 0AA. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or the letter is received by us.
1.1.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01723 321 000 or by emailing us at firstname.lastname@example.org
1.1.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our site, in our colour samples and in our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours and/or our brochures/colour samples accurately reflect the colour of the Products. Your Products may vary slightly from those images and there can be discrepancies between those colours advertised and the final Products.
2.2 Cast Iron Radiators supplied in a primer coating must be painted with a suitable and heat-resistant paint. We would always suggest that you engage us to provide this Service for you and top-coat the radiators for you. If you choose to do this yourself, we strongly recommend that you use Hammerite radiator paint. Please be aware that a primer is not a top-coat and if no paint is applied to the Product at all, or if a paint we have not recommended is applied to the Product, we can not accept liability for longevity of the finish (for example, a radiator will scratch more easily than if it had a top-coat).
2.3 For those cast iron radiators which we supply in a polished finish, we note that these products will not be polished on the rear, nor will they be polished in between sections or on the joining collar at the bottom of the radiator as it will be hidden under normal installation. If you require the rear of the cast iron radiator to be polished, you must make us aware of this before placing the order. We note that there will be an additional charge for any polishing services.
2.4 Our Products should be maintained at all times in accordance with manufacturer’s guidelines and all supplementary guidance notes we provide.
2.5 Certain Products are supplied in powder coated finishes. You should expect some variance from one section to the next because the finishes are applied to each individual section separately.
2.6 YOU CAN NOT RELY ON SIZE ESTIMATES; DO NOT ALTER YOUR PROPERTY OR LAY ANY PIPEWORK UNTIL THE PRODUCT HAS BEEN POSITIONED OR UNTIL YOU HAVE CONFIRMED ACCURATE MEASUREMENTS. Although we have made every effort to be as accurate as possible, because our Products are bespoke and handmade, all measurements indicated on our site have a 2% tolerance and all measurements provided are estimates. For this reason, we strongly recommend that you position your Product in your property before installing any pipework or making any other structural or non-structural alteration to your property and stress that you can not rely on these estimates.
If you need to lay the pipework and make alterations to your property prior to receiving the Product, we can upon reasonable request supply you with an accurate pipe-centre measurements document which will contain exact measurements (including pipe centre, inlet and outlet, and distance to floorboard) which you can at this point rely on. We cannot accept responsibility for any remedial works required should pipework be laid in a position not in accordance with our confirmed accurate pipe-centre measurements document.
2.7 All of the Products we supply are subject to those terms and conditions relating to assembly and finish, as set out in clause 3.
3. The assembly and finish of our Products
Not all of our products are delivered fully assembled
3.1 All of our sectional radiators are assembled to a restricted size due to haulage and manoeuvrability considerations and most importantly, due to health and safety restrictions. The maximum size for each radiator is generally less than 1150mm. If you order a sectional radiator in excess of 1150 wide we will be unable to deliver this to you in a fully-assembled form and this will be assembled by us up to the maximum size, with the additional sections supplied separately with a radiator tool and some assembly instructions for you to assemble yourself upon receipt.
If this is unacceptable to you, we would ask you not to complete your order until you have spoken to a member of staff (details of which are provided in clause 1 above). Any self-assembly of our Products is done so at your own risk and we strongly recommend that you contact us about the on-site assembly service we can supply to most locations within the United Kingdom. If we feel that the radiator is too large in one piece, we will contact you to discuss the possibility of delivery in two or more pieces.
3.2 We may add one or two extra leg sections to larger radiators to distribute the weight and reserve the right to vary the assembly structure according to the available geometry.
3.3 The packaging of the Products may vary from that shown on images on our site.
4. Our Services
4.1 We will supply the Services to you within the time estimated.
4.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 20 for our responsibilities when an Event Outside Our Control happens.
4.3 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.4 If we design the Product for you, we will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations we make in connection with the Product for you.
5. Points to note in relation to our Services
5.1 We provide a number of Services in connection with our Products. We also, provide a number of Services independently of our Products (Workshop Services).
5.2 When we are providing Services in relation to products which we have not supplied (or which are outside our warranty), for example, radiator refurbishment and repair, radiator painting, radiator polishing or radiator shot blasting, there are a number of things to keep in mind:
5.2.1 if you ask us to use a shot blast paint removal service on your radiator, this can irreparably damage the radiator and we provide this Service at your risk and will not be responsible for any damage to the radiator; and
5.2.2 if you ask us to paint a radiator which has previously been painted by a third-party, this can have adverse effects on the finish we can not be responsible for this.
5.3 We will not be liable for any delay or non-performance where you have not provided us with any information required.
5.4 We will make every effort to complete the Services within the estimated times provided. However, there may be delays due to an Event Outside Our Control. See 20 for Our responsibilities when an Event Outside Our Control happens.
5.5 If we are assembling a Product in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
6. If there is a problem with the Product
6.1 In the unlikely event that there is any defect with the Services or Product:
6.1.1 Please contact us and tell us as soon as reasonably possible;
6.1.2 Please give us a reasonable opportunity to repair or fix any defect; and
6.1.3 You will not have to pay for us to repair or fix a defect with the Services under this clause 6.1.
6.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Use of our site
Your use of our site is governed by our Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
8. How we use your personal information
9. Age restrictions
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
10.If you place your order online
How the contract is formed between you and us
10.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
10.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 10.3.
10.3 We will confirm our acceptance to you by sending you an email confirmation with an invoice and VAT invoice (Confirmation Email). The Contract between us will only be formed when we send you this Confirmation Email.
10.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 16.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
11. If you place your order over the telephone or by email
How the contract is formed between you and us
11.1 Having browsed our website and/or brochures, if you decide that you would prefer to place your order with us over the telephone, the contract will be formed in accordance with the process set out in this clause 11.
11.2 Having contacted us by telephone to let us know the Products and/or Services you would like to receive, you will receive an email from us containing our quote. All quotes refer to (and incorporate into any contract between us) these terms and conditions. Please note that receipt of our quote does not mean that your order has been accepted and our acceptance of your order will take place as described in clause 11.5.
11.3 Our sales process has been designed to allow you to check and amend any errors in the invoice before forming the contract, so as to avoid any mistakes which can be made in concluding contracts by this method. Please therefore take the time to check your quote carefully.
11.4 Once you are satisfied that the invoice is accurate and that you would like to proceed based on the order set out within the invoice, but subject to these terms and conditions, you should contact us by telephone again to confirm the same and to make payment as necessary.
11.5 Following the conclusion of our telephone call, we will confirm our acceptance to you by sending you an email confirmation (Confirmation Email). The Contract between us will only be formed when we send you this Confirmation Email.
11.6 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 16.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
12. Our right to vary these Terms
12.1 We amend these Terms from time to time. Please see the covering page of this document to see when these Terms were last updated and which Terms were changed.
12.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
12.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
13. Your consumer right of return and refund
13.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 13.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
13.2 However, this right of cancellation right does not apply to the surface finishings applied to Products at your specification and direction (for example, primer finish, painting, polishing or powder coatings). In the case of Products which have received surface finishings at your specification:
13.2.1 our work in the provision of these Services and the additional products used as part of these Services can not be cancelled once this work has been undertaken (as permitted by law); and
13.2.2 due to the additional works involved in restoring the Products following a full surface finish, we will only be obliged to refund 70% of the price you paid for the Product excluding the cost of the surface finish.
13.3 Your legal right to cancel a Contract starts from the date of the Confirmation Email (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Confirmation Email on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Confirmation Email on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Confirmation Email on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
13.4 To cancel a Contract, you just need to let us know that you have decided to cancel. Email us at email@example.com or contact our Customer Services team by telephone on 01723 321 000. If you are emailing us then please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day.
13.5 If you cancel your Contract we will:
13.5.1 Refund you the price you paid for the Products subject to a restocking charge of not less than 20% of the retail value of the products, other than:
188.8.131.52 In the case of surface finishings applied to Products at your specification and direction and in which case, in accordance with clause 13.2, due to the additional works involved in restoring the Products following a full surface finish, we will only be obliged to refund 70% of the price you paid for the Product; and
184.108.40.206 To reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (as we are permitted to do by law),
Save that if we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
13.5.2 (unless the Product is faulty or not as described and in which case refer to clause 9.8.2) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
13.5.3 Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
220.127.116.11 If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 13.8; or
18.104.22.168 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
13.6 If you have returned the Products to us under this clause 13 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
13.7 We will refund you by the same method used by you to pay, unless agreed between us otherwise.
13.8 If a Product has been delivered to you before you decide to cancel your Contract:
13.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and
13.8.2 unless the Product is faulty or not as described (in this case, see clause 13.6), you will be responsible for the cost of returning the Products to us. We estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
13.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 13 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13.10 We are active members of the Cast Iron Radiators Association (http://www.castironradiators.org.uk) and subscribe to the industry arbitration process. If you have a concern where you feel you would prefer an independent third party to review you can contact the Cast Iron Radiators Association who will arrange a balanced review of your concern.
Please pay particular attention to clause 14.2.
14.1 We aim to deliver most goods in the times estimated but not more than 30 days after the expected completion date specified in the Expected Completion Date Email in the case of bespoke radiator orders, or after the Confirmation Email (which we email you to confirm our acceptance of the order) in the case of off-the-shelf orders. However, this can take longer in the case of bespoke Products (particularly, in relation to the Aged Copper finish) which we will bring to your attention prior to contract formation. Likewise, we will always contact you 1 or 2 days prior to dispatch in the case of radiator orders. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 20 for our responsibilities when this happens. We strongly recommend that because our delivery dates are estimates only, you refrain from hiring professionals (such as plumbers) until the Products have arrived.
14.2 If no one is available at your address to take delivery, we will endeavour to leave you a note that the Products have been returned to our premises. In such case, please contact us (using the details above) to arrange a re-delivery time and date. Because of the size and weight of our Products, we reserve the right to charge you for re-delivery if you haven’t been in at the delivery address at the time and date we have pre-notified you of.
14.3 We always expect that you will want the Products and/or Series as soon as possible. If this is not the case, please let us know and we will delay production as per your timetable. In the event that we are required to store your Products for any longer than six weeks at our factory without having received warning at the point of order, we will charge you £80.00 + VAT per week.
14.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
14.5 You own the Products once we have received payment in full, including all applicable delivery charges.
14.6 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
14.6.1 we have refused to deliver the Products;
14.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
14.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
14.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 14.6 , you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
14.8 If you do choose to cancel your Order for late delivery under clause 14.6 or clause 14.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
15. International delivery
15.1 We deliver to a variety of international destinations and for any non-UK residents, we would ask that you contact our sales staff before placing an order, to confirm that we can deliver to your home-state. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on the relevant page(s) carefully before ordering Products. We are unable to deliver wet paint outside of the UK.
15.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
15.3 You will be responsible for payment of any such import duties and taxes unless our quote for delivery explicitly includes these costs. Please contact your local customs office for further information before placing your order.
15.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
16. Price of products and delivery charges
16.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 16.5 for what happens if we discover an error in the price of Product(s) you ordered.
16.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
16.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
16.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
16.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as incorrect pricing, we do not have to provide the Products to you at the incorrect (lower) price. If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
17. How to pay
17.1 You can only pay for Products using credit card, debit card or bank transfer.
17.2 Payment for the Products and all applicable delivery charges is in advance.
18. Our Cast Iron Guarantee
18.1 We provide a guarantee that on delivery, our cast iron and steel radiators shall be free from manufacturing defects for 10 years and our valves and non-electrical ancillary products shall be free from manufacturing defects for 1 year. Several of our product offer an extended 25 year warranty as detailed on their product pages. However, this warranty does not apply in the circumstances described in clause 18.2.
18.2 The warranty in clause 18.1 does not apply to any defect in the Products arising from:
18.2.1 any applicable movement of the Products which has not been performed in accordance with the Cast Iron Radiator Handling Guide which is contained within the Help Guide supplied on delivery;
18.2.2 fair wear and tear, accident or incorrect installation;
18.2.3 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
18.2.4 if you fail to operate or use the Products in accordance with the user instructions;
18.2.5 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
18.2.6 any specification provided by you; or
18.2.7 any failure to follow the correct installation process as defined by BS 7593:2019; or
18.2.8 any failure to install the product using a suitably qualified professional; or
18.2.9 any failure to maintain the product according to the process defined by BS 7593:2019 including but not limited to the use of a suitable inhibitor within the system.
18.3 The warranty provided for under this clause 18;
18.3.1 is for the benefit of the first purchaser only of the Products and does not pass if the Product is re-sold;
18.3.2 can only be relied upon if you can provide proof of purchase;
18.3.3 only extends to the defective portions of a radiator or other Product; and
18.3.4 does not extend to costs of labour for the installation or re-installation or the Products.
18.4 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
19. Our liability to you
19.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
19.2 We are not responsible for loss which arises when we are not at fault or in breach of these Terms. We are not responsible for any damage caused by installation of our Products by a third-party or any other losses we didn’t cause and always recommend that you use a qualified and competent plumber to install our Products into your Property. As we are selling to you as a consumer and we are not responsible for any business or non-consumer losses (for example, loss of profit).
19.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.4 We do not in any way exclude or limit our liability for:
19.4.1 death or personal injury caused by our negligence;
19.4.2 fraud or fraudulent misrepresentation;
19.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
19.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
19.4.5 defective products under the Consumer Protection Act 1987.
20. Events outside our control
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
20.3.1 we will contact you as soon as reasonably possible to notify you; and
20.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
21. Other important terms
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.4 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.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.