Sales, delivery and payment conditions of ECO MEDIA 24 LTD
1. Scope of the Terms and Conditions
1.1. This page (together with the documents expressly referred to hereon) tells you (Customer) information about us (ECO MEDIA 24) and the legal terms and conditions (Terms) on which ECO MEDIA 24 supplies any of the products (Products) listed on the website www. ecomedia24.co.uk (Website).
1.2. These Terms will apply to any contracts between ECO MEDIA 24 and Customer for the sale of Products concluded via the Website (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where ECO MEDIA 24 has given its prior written consent). For the avoidance of doubt, any replies by ECO MEDIA 24 that reference out to any of Customer’s correspondence which itself makes reference to the Customer's purchasing terms and conditions shall not have the effect of incorporating such purchasing terms and conditions.
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by ECO MEDIA 24 which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms. Customer should print a copy of these Terms for future reference.
1.5. ECO MEDIA 24 may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time. These Terms were most recently updated in May 2014.
2. Information about ECO MEDIA 24
2.1. ECO MEDIA 24 operate the Website. ECO MEDIA 24 LTD is a company registered in England and Wales under company number 8718099 with its registered office and main trading address at 2nd Floor, Block H, Southgate Office Village, 286C Chase Road, London, N14 6HF. ECO MEDIA 24’s VAT number is GB 183152124.
2.2. To contact ECO MEDIA 24, please refer to the Contact page www.ecomedia24.co.uk/contact.
3. How the Contract is formed between ECO MEDIA 24 and Customer
3.1. For the steps Customer needs to take to place an order through the Website, Customer should refer to the Customer Information page [http://www. ecomedia24.co.uk/customer-information].
3.2. ECO MEDIA 24’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.3. After Customer places an order, Customer will receive an order confirmation from ECO MEDIA 24 with a summary of the order. However, this does not mean that the order has been accepted. ECO MEDIA 24’s acceptance of the order will take place as described in condition 3.4.
3.4. The Contract between Customer and ECO MEDIA 24 shall only be concluded after the Design (defined in condition 5.1 below) has been transmitted by Customer and ECO MEDIA 24 has sent a separate order confirmation via e-mail (Acceptance of Order). ECO MEDIA 24 will send the Confirmation via e-mail within five days after receiving the Design.
3.5. The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
4. Status of Customer
4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract, or holds itself out as entering into the Contract, in the course of a business and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer:
4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and
4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Citizens' Advice Bureau or Trading Standards. Nothing in these Terms will affect these legal rights.
4.3. If Customer is purchasing as a business:
4.3.1. Customer confirms it has the authority to bind any business on whose behalf it uses the Website to purchase Products; and
4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between ECO MEDIA 24 and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of ECO MEDIA 24 which is not set out in these Terms or any document expressly referred to in them.
5. Content of the Order and Proof Requirements
5.1. ECO MEDIA 24 completes all orders solely on the basis of print data and information (Design) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms.
5.2. Customer must check the Design carefully against the Format Requirements before submitting to ECO MEDIA 24. Except as otherwise set out in this condition 5, ECO MEDIA 24 will not review any Design for compliance with the Format Requirements or otherwise for any typographical errors.
5.3. When ECO MEDIA 24 has received the Design from Customer, ECO MEDIA 24 will perform a standard Design check on every order submitted by Customer.
5.4. If, when ECO MEDIA 24 performs the standard Design check, ECO MEDIA 24 discovers that the Design supplied by Customer is defective or does not comply with the Format Requirements, ECO MEDIA 24 will notify Customer and request Customer either provides corrected Design or permits ECO MEDIA 24 to edit the Design to the extent necessary to comply with the Format Requirements before ECO MEDIA 24 completes the order.
5.5. In the event that Customer notifies ECO MEDIA 24 that it wishes to proceed with the order without correcting any defects in the Design, or amending such Design so it complies with the Format Requirements, Customer does so at its own risk.
5.6. If additional costs arise due to the inaccuracy of the Design, these will be borne by the Customer.
5.7. Where Customer has not submitted Design in CMYK mode in accordance with the Format Requirements, ECO MEDIA 24 shall be entitled to convert the Design to ensure it complies with the Format Requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the Design in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.
5.8. For the avoidance of doubt, ECO MEDIA 24 will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Design not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.
5.9. ECO MEDIA 24 reserves the right to refuse any orders and/or terminate any Contracts where the transmitted Design contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
5.10. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by ECO MEDIA 24 in making such changes.
6. Customer’s right of return and refund in consumer contracts (This condition 6 only applies if Customer is purchasing as a consumer)
6.1. Except as set out in condition 6.4, if Customer is purchasing as a consumer, Customer has a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in condition 6.2. This means that during the relevant period if Customer changes its mind or for any other reason Customer decides it does not want to keep the Products, Customer can notify ECO MEDIA 24 of its decision to cancel the Contract and receive a refund.
6.2. Customer may cancel a Contract from the date it receives the Order Confirmation, which is when the Contract between ECO MEDIA 24 and Customer is formed. If the Products have already been delivered to Customer, Customer has a period of 14 (fourteen) working days in which it may cancel, starting from the day Customer receives the Products.
6.3. To cancel a Contract, Customer must contact ECO MEDIA 24 in writing by sending an e-mail to [info@ecomedia24.co.uk] or by sending a letter to [ECO MEDIA 24 LTD, 2nd Floor, Block H, Southgate Office Village, 286C Chase Road, London, N14 6HF. Customer should keep a copy of the cancellation notification for its own records. If Customer sends ECO MEDIA 24 its cancellation notice by e-mail or by post, then the cancellation is effective from the date Customer sends the e-mail or posted the letter.
6.4. The cancellation right in condition 6.1 does not apply to Contracts:
6.4.1. for Products which are produced according to Customer specifications or clearly personalised (Customised Products); or
6.4.2. for Products which are perishable or spoil quickly;
6.4.3. for audio and video recordings or software which have a security seal which has been unsealed by the Customer.
6.5. For the avoidance of doubt, where Customer purchases Customised Products, Customer has no legal right to cancel the Contract unless the Products are faulty, defective or misdescribed in which case the provisions of condition 13 shall apply. Furthermore, ECO MEDIA 24 cannot accept the return of Customised Products if the reason for the return is because Customer provided ECO MEDIA 24 with incorrect measurements. This does not affect Customer’s legal rights as a consumer in relation to Customised Products that are faulty or not as described. Advice about consumer Customers’ legal rights is available at the Citizen's Advice Bureau or Trading Standards office.
7. Communication
7.1. Applicable laws require that some of the information or communications ECO MEDIA 24 send to Customer should be in permanent form and for this purpose, ECO MEDIA 24 shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
7.2. When ordering through the Website, Customer shall provide an e-mail address for communications between ECO MEDIA 24 and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by ECO MEDIA 24.
7.3. In the case of Customers purchasing as a business:
7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by ECO MEDIA 24 and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
7.3.2. any notice or communication sent by ECO MEDIA 24 to Customer, or by Customer to ECO MEDIA 24 will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
8. Price of the Products and Delivery Charges
8.1. The price of the Products will be as quoted on the Website.
8.2. ECO MEDIA 24 takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if ECO MEDIA 24 discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
8.3. Prices for the Products may change from time to time, but changes will not affect any order which ECO MEDIA 24 has confirmed with an Order Confirmation.
8.4. The price of the Products includes packaging and delivery charges but excludes shipping insurance.
8.5. The Website contains a large number of Products. It is always possible that, despite ECO MEDIA 24’s best efforts, some of the Products on the Website may be incorrectly priced. If ECO MEDIA 24 discover an error in the price of the Products Customer has ordered, ECO MEDIA 24 will inform Customer of this error and ECO MEDIA 24 will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. ECO MEDIA 24 will not process Customer’s order until it has received Customer’s instructions. If ECO MEDIA 24 is unable to contact Customer using the contact details Customer provided during the order process, ECO MEDIA 24 will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, ECO MEDIA 24 do not have to provide the Products to Customer at the incorrect (lower) price.
8.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6).
8.7. If Customer obtains a quotation for Products from ECO MEDIA 24 either by e-mail or through the Website, this does not constitute an offer by ECO MEDIA 24 and shall only be valid for a period of 7 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Design to be received from Customer is received within one week of Customer placing the order.
9. VAT
9.1. The price of the Products automatically includes VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the order and the date of delivery, ECO MEDIA 24 will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.
9.2. If Customer believes that the Product it has purchased should be zero rated for VAT purposes, Customer shall notify ECO MEDIA 24 immediately following receipt of the Order Confirmation and confirm the reasons for this. ECO MEDIA 24 will investigate such claim and if it considers (acting reasonably) that such Product should be zero rated for VAT purposes, ECO MEDIA 24 shall reimburse Customer for any overpayment made in respect of VAT.
9.3. Customers who are registered for VAT purposes must provide to ECO MEDIA 24 a valid VAT registration number at the time of placing an order. ECO MEDIA 24 is entitled to retain such information and apply this VAT registration number to any subsequent orders until ECO MEDIA 24 is notified by Customer in writing that the VAT registration number is no longer valid.
10. Payment
10.1. Customer may pay for Products at the time of placing the order using a debit card or credit card, PAYPAL, or pay by bank transfer after placing an order. Customers should note that where payment is made by bank transfer after placing an order, ECO MEDIA 24 shall not start production of the Products until payment has been received in full.
10.2. No other payment methods or terms shall apply unless expressly agreed with ECO MEDIA 24 In writing.
10.3. ECO MEDIA 24 shall issue a separate invoice for each Product ordered by Customer.
10.4. If Customer does not make any payment due to ECO MEDIA 24 by the due date for payment, ECO MEDIA 24 may charge interest to Customer in the following amounts:
10.4.1. if Customer is purchasing as a consumer, interest may be charged on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time; or
10.4.2. if Customer is purchasing as a business, interest may be charged on the overdue amount at the rate of 8% above the base lending rate of the Bank of England from time to time.
10.5. 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. Customer must pay ECO MEDIA 24 interest together with any overdue amount.
10.6. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify ECO MEDIA 24 and request ECO MEDIA 24 reimburse such sum. Subject to confirmation by ECO MEDIA 24 that it has received such overpayment, ECO MEDIA 24 shall reimburse the sum to Customer. Where the repayment of any such sum by ECO MEDIA 24 is subject to an additional charge, ECO MEDIA 24 shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
11. Delivery and Production
11.1. Delivery is based upon the production time taken by ECO MEDIA 24 to manufacture the Products and the delivery time to ship the Products to Customer.
11.2. ECO MEDIA 24 will endeavour to deliver the Products as soon as possible after Customer’s order has been accepted and ECO MEDIA 24 has completed the production of the Products.
11.3. ECO MEDIA 24 will advise Customer of the estimated date when the production of the Products shall be completed, however Customer accepts that time is not of the essence in relation to any estimated dates given by ECO MEDIA 24.
11.4. For the avoidance of doubt, ECO MEDIA 24 shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Design following the completion of the standard Design check.
11.5. Delivery will be completed when ECO MEDIA 24 delivers the Products to the address given by Customer during the order process. If Customer is purchasing as a business, delivery will be completed when ECO MEDIA 24 delivers the Products to Customer’s nominated carrier.
11.6. If Customer is not available at the delivery address, ECO MEDIA 24 will leave a note that the Products have been returned to ECO MEDIA 24’s premises and Customer must contact ECO MEDIA 24 to rearrange delivery. In circumstances where ECO MEDIA 24 has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, ECO MEDIA 24 shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by ECO MEDIA 24 in attempting to re-deliver the Products.
11.7. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once ECO MEDIA 24 has received payment in full for the Products.
11.8. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 6pm.
11.9. ECO MEDIA 24 may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract and ECO MEDIA 24 shall pay the additional shipping charges relating to any subsequent instalments. Any delay in delivery or defect in an instalment shall not entitle Customer to cancel any other instalment.
11.10. Customer acknowledges and agrees (except in the case of a consumer) that it shall dispose of all transportation packaging unless otherwise agreed between the parties in writing. In any event, Customer shall not be entitled to return the transportation packaging except if the packaging is returned immediately after delivery of the Products and if the packaging is clean, free of debris and sorted according to the type of packaging.
11.11. For the avoidance of doubt, ECO MEDIA 24 shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of ECO MEDIA 24 or Customer's failure to provide ECO MEDIA 24 with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
12. Event Outside the Control of ECO MEDIA 24
12.1. ECO MEDIA 24 shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of ECO MEDIA 24. An Event Outside the Control of ECO MEDIA 24 is defined below in condition 12.2.
12.2. An Event Outside the Control of ECO MEDIA 24 means any act or event beyond ECO MEDIA 24’s 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.
12.3. If an Event Outside the Control of ECO MEDIA 24 takes place that affects the performance of ECO MEDIA 24 s obligations under a Contract:
12.3.1. ECO MEDIA 24 will notify Customer as soon as reasonably possible; and
12.3.2. ECO MEDIA 24’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of ECO MEDIA 24.
12.4. If the Event Outside the Control of ECO MEDIA 24 extends beyond four weeks, Customer shall be entitled to cancel the Contract.
13. Warranty
13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify ECO MEDIA 24 immediately and, in any event, no later than 14 days following delivery of the Products. Subject to Customer giving ECO MEDIA 24 a reasonable opportunity of examining such Products and Customer (if asked to do so by ECO MEDIA 24) returning such Products to ECO MEDIA 24 at ECO MEDIA 24’s cost, ECO MEDIA 24 will provide a full refund of the price paid by Customer including return postage and packing.
13.2. If Customer returns any Products to ECO MEDIA 24 and ECO MEDIA 24 can prove they were not damaged or defective when Customer received them, or are not misdescribed, ECO MEDIA 24 may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
13.3. For the avoidance of doubt, ECO MEDIA 24 shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Design produced by Customer which fails to comply with the Format Requirements stipulated by ECO MEDIA 24.
14. Liability
ECO MEDIA 24’s liability if Customer is purchasing as a consumer
14.1. If ECO MEDIA 24 fails to comply with these Terms, ECO MEDIA 24 is responsible for any loss or damage suffered by Customer that is a foreseeable result of ECO MEDIA 24’s breach of the Terms or ECO MEDIA 24’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of ECO MEDIA 24’s breach or if they were contemplated by Customer and ECO MEDIA 24 at the time the Contract was entered into.
14.2. ECO MEDIA 24 does not in any way exclude or limit its liability for:
14.2.1. death or personal injury caused by our negligence;
14.2.2. fraud or fraudulent misrepresentation;
14.2.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.2.4. 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
14.2.5. defective products under the Consumer Protection Act 1987.
ECO MEDIA 24’s liability if Customer is purchasing as a business
14.3. Nothing in these Terms limit or exclude ECO MEDIA 24’s liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.3.4. defective products under the Consumer Protection Act 1987.
14.4. Subject to condition 14.3, ECO MEDIA 24 will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.4.1. any loss of profits, sales, business, or revenue;
14.4.2. loss or corruption of data, information or software;
14.4.3. loss of business opportunity;
14.4.4. loss of anticipated savings;
14.4.5. loss of goodwill; or
14.4.6. any indirect or consequential loss.
14.5. Subject to condition 14.3 and condition 14.4, ECO MEDIA 24’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.
14.6. Except as expressly stated in these Terms, ECO MEDIA 24 does not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, ECO MEDIA 24 will not be responsible for ensuring that the Products are suitable for Customer’s purposes.
15. Communications between ECO MEDIA 24 and Customer
15.1. When these Terms refer to "in writing", this will include e-mail.
15.2. If Customer is purchasing as a consumer:
15.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact ECO MEDIA 24 in accordance with condition 6.3..
15.2.2. If Customer wishes to contact ECO MEDIA 24 t in writing for any other reason, Customer can send this to ECO MEDIA 24 by e-mail or by pre-paid post to [ECO MEDIA 24 LTD] at [info@ecomedia24.co.uk or ECO MEDIA 24 LTD, 2nd Floor, Block H, Southgate Office Village, 286C Chase Road, London, N14 6HF]. Customer can always contact ECO MEDIA 24 using the Customer Services telephone line.
15.2.3. If ECO MEDIA 24 have to contact Customer or give Customer notice in writing, ECO MEDIA 24 will do so by e-mail or by post to the address Customer provided in the order.
15.3. If Customer is purchasing as a business, any notice given by Customer to ECO MEDIA 24, or by ECO MEDIA 24 to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
16. Termination
16.1. Where Customer decides not to proceed with an order having obtained a standard Design check from ECO MEDIA 24, it must notify ECO MEDIA 24 immediately in writing. Customer shall be liable to pay the additional costs incurred by ECO MEDIA 24 in carrying out such Design check.
16.2. Before sending an Order Confirmation, ECO MEDIA 24 has the right to cancel Customer's order, if Customer does not deliver Design that complies with the Format Requirements within a period of four weeks from date of order.
17. Personal Data
17.1. ECO MEDIA 24 will use the personal information provided by Customer to:
17.1.1. supply the Products; and
17.1.2. process the payment for such Products
17.2. ECO MEDIA 24 does not pass any personal data to any other third party.
18. Archiving
ECO MEDIA 24 shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as ECO MEDIA 24 shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.
19. Trade marks / Copyright
The Customer shall indemnify ECO MEDIA 24 against any and all claims, liability, costs losses, damages and expenses arising out of the use by ECO MEDIA 24 of the materials provided to ECO MEDIA 24 by Customer including (without limitation) the Design.
20. Other important terms
20.1. ECO MEDIA 24 may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or ECO MEDIA 24‘s obligations under these Terms.
20.2. Customer may only transfer its rights or obligations under these Terms to another person if ECO MEDIA 24 agree in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask ECO MEDIA 24’s consent.
20.3. The Contract is between ECO MEDIA 24 and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of ECO MEDIA 24’s warranty, but ECO MEDIA 24 and Customer will not need their consent to cancel or make any changes to these Terms.
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. If ECO MEDIA 24 (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that ECO MEDIA 24 has waived its rights against Customer or that Customer does not have to comply with those obligations. If ECO MEDIA 24 does waive a default by Customer, ECO MEDIA 24 will only do so in writing, and this will not mean that ECO MEDIA 24 will automatically waive any later default by Customer.
20.6. If Customer is purchasing as a consumer, these Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. Customer and ECO MEDIA 24 both agree that the courts of England and Wales will have non-exclusive jurisdiction.
20.7. If Customer is purchasing as a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. Customer and ECO MEDIA 24 both agree to the exclusive jurisdiction of the courts of England and Wales.
Date of documentation: May 2014