These Terms will apply to any Contract between us for the sale of Goods by us to you by telephone or through our website ("Contract") to the exclusion of all other terms and conditions, and no variation of these Terms shall be binding unless agreed in writing by us and attached.
Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our website. 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 Goods from our website.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in March 2022.
These Terms, and any Contract between us, are only in the English language.
1. Definitions
1.1 For the purposes of these terms and conditions, the following expressions have the following meanings:
1.1.1 "Terms" means the standard terms and conditions of sale set out below;
1.1.2 "Goods" means the goods or services supplied by us to you including but not limited to equestrian & rider clothing, equipment, accessories and feed supplements;
1.1.3 "we" or "us" means Speedgate Enterprises Limited a company registered in England & Wales (with company number 1174807) whose registered office address is Speedgate Farm, Fawkham, Longfield, Kent, DA3 8NJ;
1.1.4 "Website" means the website with domain name www.speedgate.co.uk;
1.1.5 "you" or "your" means any person or entity trading with us through any available medium, including, but not limited to telephone and the internet.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
1.3 All rights expressly reserved by or granted to us by these Terms shall be without prejudice to any other rights which we may have from time to time.
1.4 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.5 Unless expressly stated otherwise, where our prior written consent is required in these Terms, then we shall be under no obligation not to unreasonably withhold or delay in giving that consent.
2. Use of our Website
In using our Website, you agree to be bound by its Terms of use as follows:
2.1 Accounts
2.1.1 If you open an account with us, you agree to be responsible for keeping your user profile details confidential and take full responsibility for any misuse of your customer account.
2.1.2 If you suspect that your account details have become known to another person, you must contact us immediately.
2.1.3 On receiving such notification in accordance with Clause 2.1.2 above we may at our sole discretion terminate your account or take such other action as we deem to be necessary. However, until such time as we confirm termination of your account you will be liable for any costs which are outstanding on your account.
2.2 Website Availability
2.2.1 Whilst we aim to keep all communications with and transactions via our Website free from interruption and failure, this cannot be guaranteed at all times. It may be necessary to interrupt the availability of our Website without notice as required to perform essential maintenance and repair and as such the Website will be available on an "as is" "as available" basis.
2.2.2 We reserve the right in our discretion to refuse access to our Website and to close accounts at any time where we reasonably believe that you have either abused or failed to comply with the Terms we have imposed.
2.3 Use of our Website and Copyright
2.3.1 We or our content suppliers are the owners of all content contained on our Website along with the copyright, trade names and marks and all the intellectual property rights subsisting in the contents on our Website.
2.3.2 The material provided on our Website is for personal and non-commercial use only. You may retrieve, display on a computer screen, print or photocopy the content of the Website solely for this purpose. You are not otherwise permitted to reproduce, publish, modify, sell, copy or download (except as expressly permitted) any part of our Website, including the source code.
2.4 Your Personal Data
2.4.1 We will use the personal information you provide to us to:
a) provide the Goods;
b) process your payment of such Goods; and
c) inform you about similar Goods or services that we provide, but you may stop receiving these at any time by contacting us.
2.4.2 We comply with the requirements set out in the Data Protection Act 1998 in respect of any data held or processed by us. Please take the time to read our Privacy Policy which sets out how your information will be used and includes important terms which apply to you.
3. General Trading
3.1 Goods
3.1.1 Whilst every effort is made to keep the Goods displayed on our Website up to date, all orders are subject to availability.
3.1.2 Specifications, drawings and representations appearing on the Website are for guidance purposes only and particulars of size, dimension and weight are approximate only. Some Goods may vary slightly from those displayed on the Website. We reserve the right to update the list of Goods available without notice at any time.
3.1.3 The images of the Goods on our website 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 accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3.1.4 All prices on the Website are shown inclusive of UK VAT at the appropriate rate in force from time to time but excluding delivery costs which shall be in addition to any price quoted as set out below. Whilst we make every reasonable effort to ensure that all prices on our Website are correct, if any Goods you order are incorrectly priced then we shall, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
3.1.5 In the event that it is necessary for us to increase the price of the Goods to reflect any increase to the cost to us after we accepted an order from you for such Goods, we will notify you of such increase and ask you to reconfirm the order at the new price. If payment has already been made and you do not wish to reconfirm the order we shall provide you with a full refund.
3.2 The Order Process
3.2.1 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.
3.2.2 When you place an order with us via our Website we will email you to confirm receipt. 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 3.2.4.
3.2.3 You shall be liable for ensuring the accuracy of any order which you submit.
3.2.4 Only when you complete the order process, either by telephone or via the website, and have chosen your delivery options we will confirm our acceptance to you as follows:
a) If you have chosen either of the delivery by courier options (Local Delivery or Courier Delivery) we will send you an e-mail that confirms that the Goods have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
b) For Click & Collect orders, you are simply reserving the Goods for inspection and have no Contractual right to them at this stage. We will email you with confirmation of the order and when the Goods will be available for collection, but the Contract between us is only formed when you collect the Goods from us.
3.2.5 We reserve the right to refuse any orders prior to us confirming acceptance of your order without giving reason. Where we refuse an order, we will notify you by email as soon as possible and you shall receive a full refund of any payment made.
3.2.6 If we are unable to supply you with the Goods, for example because it 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 website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3.3 Payment
3.3.1 You can only pay for Goods using a debit card or credit card. We accept payment by Visa, Visa Debit, Mastercard, Mastercard Debit and Apple Pay. We are unfortunately unable to accept any payment by American Express, cheque or postal order.
3.3.2 All payments for the Goods and all applicable delivery charges shall be made when the order is placed and we will charge your credit card or debit card at this time. This does not affect your legal rights to refunds on cancellation or for damaged or not as described Goods as set out in Clause 7 below.
4. Delivery
4.1 Delivery Options
4.1.1 On placing your order, you will be asked to choose one of the three following delivery options, namely:
a) Click & Collect
b) Speedgate Local Delivery
c) Courier Delivery (Third Party)
4.1.2 Click & Collect
a) You will be asked to choose which one of our stores you wish to collect the Goods from. We will contact you when the Goods are available for collection and you are responsible for making all arrangements to collect the Goods. You can collect the Goods from us at any time during our working hours which can be found via our Store Locator.
b) You have the right to inspect the Goods when you come to collect them. If you decide you no longer want the Goods, or if upon inspection they are found to be damaged, we will either replace the Goods or provide a full or partial refund.
4.1.3 Speedgate Local Delivery or Courier Delivery
a) You will be required to provide us with details of an address for delivery of the Goods. We will contact you with an estimated delivery date, which will be within 30 days of our Dispatch Confirmation (the date on which we email you to confirm acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 5 for our responsibilities when this happens.
b) You are responsible for making all arrangements to take delivery of the Goods whenever they are tendered for delivery. Where we are unable to affect delivery of the Goods for reasons that can be attributed to inaccurate or incomplete delivery information we will not be held responsible for any losses you may incur as a result and additional charges may be made at our discretion for redirection or for re-delivery.
c) You may specify that the Goods can be left either with a third party or at an alternative location. If no one is available to take delivery, if you have specified a safe and secure location to leave the Goods, we will attempt to leave the Goods there. Alternatively, we or the Third Party courier will leave a card that says the Goods have been returned to either ours or the Third Party courier's premises, in which case please use the contact details on the card to rearrange delivery.
4.1.4 Delivery of an order shall be completed when we deliver the Goods to the address you gave us (or a third party in accordance with your instructions) or you collect them from us and the Goods will be your responsibility from that time. Save for our negligence, we will not accept any liability for any subsequent damage or disappearance of the item following delivery in accordance with your instructions.
4.1.5 You own the Goods once we have received payment in full, including all applicable delivery charges.
4.2 Fulfilment
4.2.1 We will dispatch your order for delivery or your collection at the first available opportunity once all the Goods are available at our warehouse. In certain situations we may choose to dispatch your order in instalments, for example due to delays in obtaining some of the Goods, but this is at our discretion.
4.2.2 If any Goods on your order become permanently unavailable, we will contact you. You will have the opportunity to select replacement Goods during the next 48 hours by contacting us via our customer service e-mail address or telephone number set out in Clause 8. We shall inform you of any difference to the price of the order and ask you to reconfirm the order. If you do not select replacement Goods and reconfirm the order within 48 hours from notification, we will automatically remove the Goods which are no longer available from your order, refund in full any payment in respect of the removed Goods, and dispatch the remaining Goods you have ordered.
4.2.3 If temporary unavailability of Goods on your order causes dispatch to be delayed for more than 7 days, we will contact you with the option to replace the Goods or remove them from the order. Where you request replacement Goods we shall inform you of any difference to the price of the order and ask you to reconfirm the order. Unless otherwise instructed, at our discretion we may hold the rest of the order until the delayed Goods become available, at which point we will dispatch the entire order.
4.2.4 The removal of Goods from your order due to them being or becoming permanently unavailable will not affect any offer of free delivery where applicable.
4.2.5 The removal of Goods from your order due to them being or becoming temporarily unavailable will not affect any offer of free delivery where applicable, however a subsequent new order for the same Goods will not attract free delivery unless the order qualifies in its own right.
4.3 Timeframes
4.3.1 Unless otherwise stated at the time of ordering, UK mainland orders will be dispatched via a next working day delivery service.
4.3.2 For your convenience, we provide an estimated dispatch date on placing an order. These are designed to be a guideline and we will not be held liable for any losses or increased costs to you or any party as a result of us being unable to deliver the Goods by the date provided.
4.3.3 Although we will make every effort to keep you informed of delivery information, we do not undertake to investigate delays until 10 days after the original, or revised and communicated dispatch date. We will only recognise that a delivery has failed after 14 days from the time of dispatch.
4.3.4 If we miss the delivery deadline for any Goods then you may cancel your order straight away if any of the following apply:
a) we have refused to deliver the Goods
b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c) you told us before we accepted your order that delivery within the delivery deadline was essential.
4.3.5 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 4.3.4, 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.
4.3.6 If you do choose to cancel your order for late delivery, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods 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 Goods and their delivery.
4.4 Charges & Free Delivery
4.4.1 For details of our delivery charges, please see here. Any delivery charges will be payable in addition to the price of the Goods quoted on our Website.
4.4.2 All delivery charges quoted are assumed to be for a single parcel weighing under 15kg. Irrespective of Clause 3.2.3, in the event that we cannot dispatch your order in a single consignment, we reserve the right to contact you in order to provide a quotation for an increased delivery charge and we shall either ask you to reconfirm the order before accepting your order or (in the event that we have already accepted your order), we shall ask you to reconfirm the accepted order. If payment has already been made and you do not wish to reconfirm the order, we shall provide you with a full refund.
5. Events Outside Our Control
5.1 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 5.2.
5.2 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.
5.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
5.3.1 we will contact you as soon as reasonably possible to notify you; and
5.3.2 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
5.4 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 Goods you have already received and we will refund the price you have paid, including any delivery charges.
6. Warranty and Liability
6.1 Subject to the following provisions, we warrant that the Goods will be of satisfactory quality, fit for their normally intended purpose and will be free from any material defects in workmanship for a period of 12 months from the date of delivery.
6.2 The warranty given in Clause 6.1 does not apply to any defect in the Goods arising from:
6.2.1 fair wear and tear;
6.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
6.2.3 if you fail to operate or use the Goods in accordance with the user instructions;
6.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
6.2.5 any specification provided by you.
6.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
6.4 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.
6.5 You agree not to use the Goods 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.
6.6 We do not in any way exclude or limit our liability for:
6.6.1 death or personal injury caused by our negligence;
6.6.2 fraud or fraudulent misrepresentation;
6.6.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
6.6.4 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
6.6.5 defective Goods under the Consumer Protection Act 1987.
6.7 Whilst we make every reasonable effort to ensure that the information contained on our Website is correct, we make no guarantee as to its accuracy, completeness or fitness for purpose. We shall not be liable, to the fullest extent permitted by law, for any loss, damage, cost or expense which may arise from the use of any information contained in or displayed on our Website.
6.8 We do not give any warranties in respect of the content of our Website, its freedom from viruses or other contamination, or that our Website are compatible with any computer systems, software or browsers.
6.9 We shall not be liable for any website, Goods or information of other parties linked to our Website.
6.10 The provisions of this Clause 6 shall survive any termination of the Contract.
6.11 The exclusions from and limitations of liability set out in this Clause 6 shall be considered separately and individually from one another and the validity or unenforceability of any one clause or sub-clause of this Clause 6 shall not affect the validity or enforceability of any other part of this Clause 6.
7. Cancellations & Returns
7.1 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 7.3. 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 the Goods, 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.
7.2 This cancellation right does not apply in the case of any Goods which become mixed inseparably with other items after their delivery.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail 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:
| Your Contract | End of the cancellation period |
|---|
| Your Contract is for a single unit of Goods (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 Goods.
Example: If we provide you with a Dispatch Confirmation on 1 January and you receive the Goods 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:
• A single unit of Goods which is delivered in instalments on separate days
• Multiple Goods which are delivered on separate days | The end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
Example: If we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Goods or the first of your separate unit of Goods on 10 January and the last instalment or last separate unit of Goods on 15 January you may cancel in respect of all instalments and any or all of the separate Goods at any time between 1 January and the end of the day on 29 January. |
| Your Contract is for the regular delivery of Goods over a set period | The end date is 14 days after the day on which you receive the first delivery of the Goods.
Example: If we provide you with a Dispatch Confirmation on 1 January in respect of Goods to be delivered at regular intervals over a year and you receive the first delivery of your Goods 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 Goods to arrive during the year. |
7.4 For Click & Collect, your cancellation period starts from when you receive the Dispatch Confirmation and ends on collection. However this does not affect your statutory rights or your rights under our in-store returns and refunds policies.
7.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete our Cancellation Form.
7.6 You can also e-mail us at customerservices@speedgate.co.uk or contact our Customer Services team by telephone on 01474 872313 or by post to Speedgate Enterprises Limited, Speedgate Farm, Fawkham, Longfield, Kent, DA3 8NJ. If you are e-mailing us or writing to us please include details of your order, including the original order reference number, to help us to identify it.
7.7 If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.8 If you cancel your Contract we will:
7.8.1 refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund 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. See our Returns Policies for more information. 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.
7.8.2 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 Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.8.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
a) if you have received the Goods and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see Clause 7.13;
b) if you have not received the Goods 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.
7.9 If you have returned the Goods to us under this Clause 7 because they are faulty or mis-described, we will refund the price you have paid for the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.10 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Goods we will refund you in vouchers.
7.11 If the Goods have been delivered to you before you decide to cancel your Contract:
7.11.1 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. You can either request a "Return to Sender" when the delivery is attempted, or you can accept the delivery and follow our Return of Goods procedure below. Please see our Returns Policies for more information.
7.11.2 unless the Goods are faulty or not as described (in this case, see Clause 7.9), you will be responsible for the cost of returning the Goods to us. If the Goods are one which cannot be returned by post, we estimate that if you use the carrier which delivered the Goods to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Goods from you, we will charge you the direct cost to us of collection. We charge a fixed charge of £10.00 for collection of a single parcel of not more than 30kg.
7.12 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.13 We request that all Goods are returned in line with the Return of Goods procedure set out in Clause 7.14 below. We will not be liable for any loss or damage to Goods returned to us where this procedure has not been followed.
7.14 Return of Goods Procedure
When you return Goods to us, we request that you follow the steps below. We will not be liable for any Goods returned to us that do not follow this procedure:
7.14.1 Before returning any Goods, please contact us in writing or by email to obtain a return reference number.
7.14.2 Package the Goods securely taking all measures possible to prevent damage in transit and (where possible) return the original packaging to us with the Goods.
7.14.3 On the outside of the packaging, clearly mark the returns reference number and our postal address. For example:
Returns Reference Number [XXXXX]
Website/Mail Order Department
Speedgate Enterprises Ltd.
Speedgate Farm
Fawkham
Longfield
Kent
DA3 8NJ
United Kingdom
7.14.4 If we have arranged to collect the parcel from you, please ensure it is available for collection at the arranged collection point and time. You will be responsible for any charges incurred should we be unable to collect the Goods at the arranged place and time.
7.14.5 If you are to return the parcel to us independently, please ensure you have adequate proof of delivery. We will not be liable for any Goods that have been lost in transit. We are happy to arrange collection from you at your cost via our chosen carrier and carrier charges are available on request.
7.15 Safety Items
7.15.1 Certain Goods such as riding hats and body protectors cannot be returned to us as we have no way to verify that the Goods are in a suitable condition for resale. You will be presented with a clear disclaimer notice when placing an order for Goods of this type.
8. Contacting Us
8.1 To cancel a Contract in accordance with your legal right to do so as set out above, you just need to let us know that you have decided to cancel. The easiest way to do this is set out in Clauses 7.5 and 7.6.
8.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mail us at customerservices@speedgate.co.uk or contact our Customer Services team by telephone on 01474 872313 or by post to Speedgate Enterprises Limited, Speedgate Farm, Fawkham, Longfield, Kent, DA3 8NJ.
8.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
9. General
9.1 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.
9.2 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. We will always notify you in writing or by posting on this webpage if this happens.
9.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased the Goods as a gift, you may transfer the benefit of our warranty in Clause 6 to the recipient of the gift without needing to ask our consent.
9.4 This Contract is between you and us. 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. However, if you are a consumer, the recipient of your gift of the Goods will have the benefit of our warranty at Clause 6, but we and you will not need their consent to cancel or make any changes to these Terms.
9.5 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.
9.6 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.
9.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods 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.