VIGOUR AND SKILLS LIMITED, operating www.vigourandskills.com (the ‘V&S Marketplace Platform’) is a company incorporated under the laws of England and Wales, with a registered number 12423789 and a registered office at Hillside, Albion Street, Chipping Norton, Oxfordshire, United Kingdom, OX7 5BH (‘V&S’ or ‘We’). We set out the following terms and conditions upon which V&S offers a customer (‘You’, ‘Your’ or ‘Customer’) use of the V&S Marketplace Platform to browse and purchase beautiful Products made by our hand selected network of artisan makers (the ‘V&S Services’).

• The following terms and conditions apply as between You and V&S and You and the relevant Supplier when You buy a Product from a Supplier via the V&S Marketplace Platform (the ‘Terms’). These Terms incorporate by reference our V&S Marketplace Platform Terms of Use, the V&S Customer Privacy Statement, the Cookie Policy and any other terms on the V&S Marketplace Platform that may apply from time to time as applicable (collectively called the ‘Contract’) and shall apply to any contract for the sale of Products to You. 

• These Terms tell You who We are and what We do, what the artisan Suppliers do as seller of the Products, how Products are provided to You, how Your Contract may be changed or ended, what to do if there is a problem and other important information.

• You can contact us by email to: info@vigourandskills.com; Or in writing to our trading address: Hillside, Albion Street, Chipping Norton, Oxfordshire, United Kingdom, OX7 5BH marked for the attention of the Director. Where we need to contact You in relation to Your Customer Order, We will use the contact details You provide to us during the Customer Order process.

• Please note, new legislation and the terms of our Supplier’s nominated couriers may mean that We have to amend our Terms from time to time so please note that these Terms can potentially change at any time, and it is up to You to check these Terms regularly before ordering Products. If You do not agree with the Terms, You should not use nor access the V&S Marketplace Platform. 

• Our V&S Marketplace Platform is a venue for our Suppliers to sell their savoir-faire i.e. their handmade artisan Products. We allow third party sellers (our Suppliers) to list and sell Products on the V&S Marketplace Platform for You to purchase. When You purchase Products, You are purchasing them from our Suppliers, not from V&S, and whilst V&S help to facilitate transactions carried out via the V&S Marketplace Platform, V&S are simply providing a venue for You to purchase Products from the Supplier in accordance with these Terms. The Contract of sale is between You and the Supplier and We are not a party to that Contract nor are We obliged to enforce or execute fulfilment of any Contract. Our role is simply to provide the venue and act as the facilitator to help You and the Supplier to conclude a sale together. 

 

• The Supplier is responsible for the Contract with You and for the prompt and lawful sale and delivery of Products and for dealing with any claims that You have in relation to the Product or the Contract. V&S will provide support to assist with any issues that You have but the ultimate responsibility for this lies with the relevant Supplier. For the avoidance of doubt, in respect of any Product purchased by You, the relevant Supplier is solely responsible for:

(a)     the quality, safety and legality of a Product;

(b)     the manufacture, supply, packing and prompt and safe delivery of the Product;

(c)      defective Products causing death, personal injury or damage to property, to the extent that the defect in the Product is attributable to the acts or omissions of Supplier, its employees, agents or subcontractor;

(d)     ensuring that the Product conforms with the Product information provided and has not been misdescribed;

(e)     the Product being of satisfactory quality and fit for any purpose; and,

(f)       ensuring compliance with all applicable statutory and regulatory requirements in respect of the manufacture, packing, packaging, marking, storage, handling, and delivery of the Products.

If You have any queries relating to our Terms, please contact the customer service team at info@vigourandskills.com, preferably before placing Your Customer Order.

 

1.1.  The Terms do not affect Your statutory rights. You agree, warrant and undertake that:

(a)       all Products ordered by You are for Your own private and domestic use only and are not for commercial resale;

(b)       You reside in the United Kingdom or within EU Member countries;

(c)       You are eighteen years old or older; 

(d)       all details You provide to www.vigourandskills.com for the purpose of ordering or purchasing Products are true, accurate, current and complete in all respects;

(e)       the credit or debit card You are use is Your own and that there are enough funds in Your account to cover payment of the Product(s) ordered (or You are using one with full consent for or on behalf of another); and,

(f)       e-mail and/ or SMS can be used to communicate where You have provided such in respect of any Orders.

1.2.  During the registration process, You must choose a username and password (‘Customer Login’). You are responsible for all actions taken under that Customer Login and You must only purchase from www.vigourandskills.com using Your own Customer Login. Please keep Your password safe and don’t disclose it to anyone. You shall not permit anyone else to use it. If You think there has been some unauthorised use of Your Customer Login, You should change it. 

1.3.  If You do not comply with these Terms (including failing to make payment when due, failing to disclose Your identity when requested to do so by V&S (or Supplier), violating the rights of third parties or where We suspect You are engaged or are about to engage in, fraudulent or illegal activity on the V&S Marketplace Platform), You may be subject to review, which can result in suspension of Your Customer Login and associated account privileges and/or termination. This includes all accounts by association. If You violate these Terms, We may terminate Your use of the V&S Marketplace Platform, bar You from future use of the V&S Marketplace Platform and/or take appropriate legal action against You. You agree that if V&S, in good faith and in its sole discretion, determines that You have breached these Terms, V&S may withhold, cancel, or otherwise retain any and all of Your pending deliveries.

1.4.  V&S reserves the right to limit in its sole discretion the number of Customer accounts per household. A single credit card may not be used in conjunction with multiple user accounts. V&S limits the number of Customer accounts per natural person to one. Exceptions may apply. Please contact the customer service team at info@vigourandskills.com if You have any questions.

 

 

2.1.  Please take time to read and check Your Customer Order that You place. You are responsible for ensuring the information provided is correct. If You want to make a change to the Customer Order or other details, please contact customer support at info@vigourandskills.com. We will let You know if the change is possible. If it is possible, We will let You know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of Your requested change. We will ask You to confirm whether You want to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the Contract (please see Clause 8 for Your rights to end the Contract).

2.2.  We may make minor changes to the Product (as may be instructed by the relevant Supplier):

(a)  to reflect changes in relevant laws and regulatory requirements; and,

(b)  to implement minor technical adjustments and improvements, for example, to address a security threat.

 

 

3.1.  Once You have completed the purchase process, You will receive an e-mail acknowledging that We have received Your Customer Order. However, please note that this does not mean that Your Customer Order has been accepted. This is only an offer by You to the Supplier to buy their Product. We will confirm Supplier’s acceptance of Your offer by sending You an e-mail on Supplier’s behalf that will confirm that the Product shall be dispatched (‘Dispatch Confirmation’). The Contract is only formed when We send You the Dispatch Confirmation. 

3.2.  Non-Acceptance of Your Customer Order: If We are unable to accept Your Customer Order on behalf of the Supplier, We will inform You of this and will not charge You for the Product. This might be because:

(a)  the Product is out of stock;

(b)  of unexpected limits on our (or Supplier’s) resources which could not reasonably be planned for;

(c)  an error in the price or description of the Product has been identified; or, 

(d)  Supplier is unable to meet a delivery deadline You have specified.

3.3.  Product Availability: We list availability information for Products sold on each Product information page. Beyond what is said on that page or otherwise on the V&S Marketplace Platform, We cannot be more specific about availability. As We process Your Customer Order, we will inform You by email as soon as possible if any Product ordered by You turns out to be unavailable and any payment that You have made for that Product will be returned to You.

3.4.  Customer Order Number: We will assign a Customer Order Number to Your Customer Order and tell You what it is. It will help if You can tell us the Customer Order Number whenever You make contact about Your Customer Order. 

3.5.  V&S facilitate the sale only; Supplier is the actual seller: We have been appointed by our network of artisan Suppliers to act on their behalf to conclude a Contract for sale of their Products with You. Whilst We help facilitate transactions via the V&S Marketplace Platform, We are not the seller of the Products. The Contract between You and V&S and You and Supplier, is formed when You use the V&S Marketplace Platform to click to purchase a Product and make payment (being an offer to buy by You) and We then send You a Dispatch Confirmation email (being the acceptance of the offer). 

 

 

4.1.  You must pay for Products using a debit card or credit card of a type listed on the V&S Marketplace Platform prior to dispatch. Payment for the Products and all applicable Delivery Fees are payable in full in advance. “It may take up to five (5) days for Your debit card or credit card to be charged after You place Your Order.”

4.2.  Where to find the price for the Product: The price of the Product (which includes VAT at the applicable current rate chargeable in the UK for the time being) will be the list price set out on the V&S Marketplace Platform. We take all reasonable care to ensure that the price of the Product advised to You is correct. 

4.3.  Delivery Fees: The price of a Product does not include Delivery Fees. Our Delivery Fees are as advised to You during the check-out process before You confirm Your Customer Order which will be added at Your election. The costs of delivery and shipping times will be as set out on in the Shipping & Delivery Fees information and may be updated from time to time. The costs will vary depending on the Products that You have ordered, the Supplier You have ordered from and Your delivery address. The actual Delivery Fees will be displayed on the checkout page before You place Your Customer Order. You will be charged one Delivery Fee per Supplier. Clause 8.4 provides information about when You are responsible for the costs of returning a Product.

4.4.  Taxes: We will pass on changes in the rate of applicable taxes. If the rate of tax changes between Your Customer Order date and the date the Product is supplied, We will adjust the rate of tax that You pay, unless You have already paid for the Product in full before the change in the rate of tax takes effect.

4.5.  What happens if the price is wrong: It is always possible that, despite best efforts, some of the Products may be incorrectly priced. Prices are normally checked before Your Customer Order is accepted so that, where the Product’s correct price at Your Customer Order date is less than the stated price at Your Customer Order date, We will charge the lower amount. If the Product’s correct price at Your Customer Order date is higher than the price stated to You, We will contact You for Your instructions before Your Customer Order is accepted. If Your Customer Order is accepted and processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, the Contract may be brought to an end and You will be refunded any sums You have paid and You will be required to return any Products provided to You, or permit Supplier to arrange collection from You.

 

 

5.1.  Some of the Products that Supplier sells to You will come with a Supplier Manufacturer Guarantee where this is expressly stated. For details of the applicable terms and conditions, please refer to the Supplier Manufacturer Guarantee provided with the Product. As a consumer, Your Supplier Manufacturer Guarantee is in addition to, and does not affect, Your legal rights in relation to Products that are faulty or are not as described. 

 

 

6.1    Delivery Fees: The costs of delivery will be as displayed to You on our V&S Marketplace Platform and may differ whether it is for a UK, EU or International delivery destination. See the Shipping & Delivery Fees information. 

6.2    Duty costs and charges: If ordering from outside the UK, You may have to pay customs or import duties on Your Customer Order (which We are not responsible for).

6.3    Delivery locations. Details of the countries that Products can be delivered to can be found in the Shipping & Delivery Fees information. Please note that it is not possible to deliver to PO boxes. All postal codes and deliveries require a residential or commercial address. We are required to mark packages sent overseas according to international postage codes.

6.4    Delivery Timings: Products will be delivered to you as soon as reasonably possible and in accordance with the Shipping & Delivery Fees information.  

6.5    If You are not at home when the Product is delivered: If no person is available at Your address to take delivery and the Products cannot be posted through Your letterbox, You will be left a note informing You of how to re-arrange delivery of the Products (or collection) from a local depot. If after a failed delivery to You, You do not re-arrange delivery (or collection from a delivery depot), We (or the Supplier’s courier) will contact You for further instructions and We may charge You for storage costs and any further Delivery Fees. If, despite our reasonable efforts, We are unable to contact You or re-arrange delivery (or collection), We may end the Contract and Clause 9.2 will apply.

6.6    If We miss the delivery deadline then You may treat the Contract as at an end straight away if any of the following apply:

 

(a)  We have refused to deliver the Products; or

(b)  You told us before We accepted Your Customer Order that delivery within the delivery deadline was essential.

 

6.7    If You do not wish to treat the Contract as at an end straight away, or do not have the right to do so under Clause 6.6 You can give us a new deadline for delivery, which must be reasonable, and You can treat the Contract as at an end if We do not meet the new deadline.

6.8    End the Contract for late delivery: If You do choose to treat the Contract as at an end for late delivery under Clauses 6.5 and 6.6, You can cancel Your Customer Order for any of the Products or reject Products that have been delivered. You can reject or cancel the Customer Order for some of those Products only (unless splitting them up would significantly reduce their value). After that, We will refund any sums You have paid to us for the cancelled Products and their delivery. If the Products have been delivered to You, You must either return them to Supplier in accordance with the returns information (as set out in the Returns & Refunds Procedures found in Your parcel) (at Supplier’s cost) or (if they are not suitable for posting as determined by V&S) allow Supplier (or V&S on Supplier’s behalf) to collect (at Supplier’s cost). Please email customer services at info@vigourandskills.com to arrange the collection where necessary.

6.9    A Product will be Your responsibility from the time the Product is delivered to the address You give to us and You are the legal owner of a Product once We have received payment in full.

6.10 Address correction costs. Please note that if you enter an incorrect delivery address and You wish to make an amendment, You may be liable to pay additional direct Delivery Fees for address correction. Further details on this can be found in the Shipping & Delivery Fees information. If You do not want to pay this additional charge, the Product will be returned to the Supplier and You will need to then place a new Order. You will receive a full refund for the original Product, according to our Returns & Refunds Procedures. 

6.11 We may need certain information from You so that Supplier can supply the Products to You e.g. correct delivery address. If so, this will have been stated in the description of the Products on the V&S Marketplace Platform. We will contact You to ask for this information. If You do not give us this information within a reasonable time of us asking for it, or if You give us incomplete or incorrect information, We may either end the Contract (and Clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us (or Supplier) for any extra work that is required as a result. We will not be responsible for supplying the Products late or for not supplying any part of them if this is caused by You not giving us the information We need within a reasonable time.

6.12 Products may vary slightly from their pictures. The images of the Products viewed on the V&S Marketplace Platform from Your device are for illustrative purposes only. Although we have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. We attempt to be as accurate as possible in the description of the Products. However, as the descriptions are based on information provided by the Suppliers, We cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. As We are not the manufacturer Supplier of the Products and whilst We work to ensure that Product information is correct, actual Product packaging and materials may contain more and different information to that displayed on the V&S Marketplace Platform. 

 

 

7.1    Your rights when You end the Contract will depend on what You have bought, whether there is anything wrong with it, how We (and the relevant Supplier) are performing and when You decide to end the Contract:

 

(a)  If what You have bought is faulty or misdescribed You may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of Your money back), see Clause 10;

(b)  If You want to end the Contract because of something We or Supplier have done or have told You will be done, see Clause 7.2;

(c)  If You have just changed Your mind about the Product, see Clause 7.3. You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions (as described in Clause 8.6);

(d)  In all other cases (if We are not at fault and there is no right to change Your mind), see Clause 7.5.

 

7.2    If You are ending a Contract for a reason set out at (a) to (c) below, the Contract will end immediately and on behalf of Supplier, We will refund You in full for any Products which have not been provided and You may also be entitled to compensation. The reasons are:

 

(a)  You have been told about an error in the price or description of the Product You have ordered and You do not wish to proceed; or

(b)  there is a risk that supply of the Products may be significantly delayed because of an Event Outside our Control; or

(c)  You have a legal right to end the Contract because of something We or Supplier have done wrong (including because Supplier has delivered late (see Clause 6.4) or We or Supplier have failed to do something promised to You).

 

7.3    Exercising Your right to change Your mind (i.e. Product is NOT faulty or misdescribed). For most Products bought online, under the Distance Selling Regulations, You have a legal right to change Your mind within 14 days and receive a refund. These Distance Selling Regulations stipulate that You have the right to change Your mind at any time within fourteen (14) days after the day on which You receive the Product; or, where delivery is by way of instalments (or, several deliveries over different days), the end date is fourteen (14) days after the day on which You receive the last instalment (or delivery) of the Product or the last of the separate Products ordered. Under law, You are responsible for paying the cost of any returns in accordance with the Returns & Refunds Procedures. 

7.4    In some jurisdictions the law may require that You have a longer period to change Your mind and/or reject Products, and V&S will comply with any such more extensive local requirements where it can be demonstrated to apply to the sale concluded on the site with You.

7.5    You do NOT have a right to change Your mind in respect of certain Products e.g. Products sealed for health protection or hygiene purposes, once these have been unsealed after You receive them or other Products that cannot by their nature be restored to the same physical state as they were supplied. Examples would include underwear or earrings. 

7.6    Custom, Bespoke or Personalised Orders: 

Any custom or bespoke items made by a Supplier to a Customer’s specification (or duplicates) made at Customer’s request are not covered by the Distance Selling Regulations. They are commissions and returns cannot be made, nor refunds given. This includes personalised items. Therefore, please ensure that you have thought about what you want in detail before You place Your Order. The relevant Supplier will be happy to discuss options with You and work through the design process with You. Despite ‘no returns and no refunds’ being the position in law for such items, if you do wish to cancel a bespoke or custom Order, please do contact us as soon as possible because in the event that the Supplier has not yet purchased materials to do the job or started work on your Order, a refund of a certain % may be possible. We will assist in managing this communication with the Supplier with You although it is the Supplier’s sole responsibility to resolve questions of this nature with You directly.

 

 

8.1    Tell us You want to end the Contract: To end the Contract, please Download the Cancellation Form (or email info@vigourandskills.com to request the Cancellation Form be sent to You) and then print it off, fill it out, scan it in and email the completed form back to us to info@vigourandskills.com (or if not the form, then the details required on the form must be sent to us).

 

Returning Products after ending the Contract:

8.2    If You end the Contract for any reason after Products have been dispatched to You or You have received them, You must return them to Supplier (unless We inform You that returning is not necessary). You must either return the Products by posting them back without undue delay to the Supplier in accordance with the returns information (as set out in the Returns & Refunds Procedures found in Your parcel) (at Your own cost) in accordance with that set out at Clause 6.8 or Clause 7.3. 

8.3    Returned Products must conform to the returns policy which can be found in the Returns & Refunds Procedures. If the product does not conform to the returns policy, the refund may be refused in which case, We will contact You to inform You that the Products are being returned to You. 

8.4    When the costs of return will be paid by Supplier: Supplier shall pay the costs of return if:

 

(a)  the Products are faulty or misdescribed; or

(b)  You are ending the Contract because:

1. of an error in pricing or description;
2. of a delay in delivery due to an Event Outside our Control; or,
3. You have a legal right to do so as a result of something We have done wrong.

Please return in accordance with the returns information (as set out in the Returns & Refunds Procedures found in Your parcel. In all other circumstances (including where You are exercising Your right to change Your mind), You must pay the costs of return unless at the time of sale We have advertised them as subject to free returns in Your territory. If You are liable for the returns cost then it will vary depending on the weight of the return package and by country. Please see our Returns & Refunds Procedures for further information on the costs of return.

8.5    Refunds: On behalf of Supplier, We will refund You the price You paid for the Products by the method You used for payment. However, We may make deductions from the price, as described in Clause 8.6.

8.6    If You are exercising Your right to change Your mind only (i.e. Product is not faulty or misdescribed):

 

(a)  We may reduce Your refund of the price (excluding Delivery Fees) to reflect any reduction in the value of the Products, if this has been caused by Your handling them in a way which would not be permitted in a shop. 

(b)  If We refund You the price paid before We can inspect the Products and later discover You have handled them in an unacceptable way, You must pay us an appropriate amount.

(c)  The maximum refund for Delivery Fees will be the costs of delivery by the least expensive standard delivery method offered where a range of delivery options have been offered. 

 

8.7    We will make any refunds due to You on behalf of Supplier as soon as possible. If You are exercising Your right to change Your mind only (i.e. Product is not faulty or misdescribed) then, if We have not offered to collect the Products, Your refund will be made within fourteen (14) days from 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 8.2.

 

 

9.1    The Contract for a Product may be brought to an end at any time by writing to You if:

 

(a)  You do not make any payment to us when it is due and You still do not make payment within fourteen (14) days of us reminding You that payment is due; or,

(b)  You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products to You or to enable Supplier to arrange collection of them from You.

 

9.2    If We end the Contract in the situations set out in Clause 9.1, We will refund any money You have paid in advance for Products We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of Your breaking the Contract.

 

 

10.1 How to tell us about problems: If You have any questions or complaints about the Product, please contact us, and We will assist in managing this with the Supplier, although it is the Supplier’s responsibility to resolve questions, complaints or claims. You can:

(a)     email us at info@vigourandskills.com; or,

(b)     write to us by post to Vigour and Skills Limited Hillside, Albion Street, Chipping Norton, Oxfordshire, United Kingdom, OX7 5BH marked for the attention of the Director. 

10.2 Suppliers are under a legal duty to supply Products to You that are in conformity with this Contract. Nothing in these Terms will affect Your legal rights. The Consumer Rights Act 2015 says Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of Your Product Your legal rights entitle You to up to:

(a)     up to 30 days: if Your Products are faulty, then You can get a full refund; and,

(b)     up to six months: if Your Products can’t be repaired or replaced, then You are entitled to get a full refund, in most cases.

10.3 Your obligation to return rejected Products where there is a problem with it/ them: If You wish to exercise Your legal rights to reject Products, post them back to the Supplier in accordance with the returns information (as set out in the Returns & Refunds Procedures found in Your parcel) (at Supplier’s cost) in accordance with that set out at Clause 6.8. 

 

 

11.1.        Both Supplier and V&S shall Process any Personal Data pertaining to You in the capacity of a Data Controller and shall each comply with all applicable Transparency Requirements set out in the Data Protection Legislation. This Clause 11 shall not relieve either V&S or Supplier of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.

11.2.        V&S are always transparent about Why We collect Personal Data and what We do with it and We always remind You of the rights You have in respect of Your Personal Data that You share with Us. For complete details of V&S’ collection, processing, storage, and retention of Personal Data comprised within Your Customer Data including, but not limited to, the purpose(s) for which Personal Data is used, the legal basis or bases for using it (including any exemptions), details of a Customer’s rights and how to exercise them, please refer to the V&S Customer Privacy Statement.

11.3.        Where Supplier Processes Customer Data, Supplier shall do so in accordance with its own Article13 privacy statement which it shall make accessible to You.

 

 

12.1.        If We (or Supplier) fail to comply with these Terms, We (or Supplier) are responsible for loss or damage You suffer that is a foreseeable result of that breach of these Terms or of any negligence, but We (or Supplier) are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it was contemplated by V&S or Supplier at the time the Contract was entered in to e.g. if You discussed it during the sales process.

12.2.        Supplier only supplies the Products for domestic, private and consumer use. Accordingly, neither V&S or Supplier will be liable to You, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise, for:

(a)  any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings); or,

(b)  any loss of goodwill or reputation; or,

(c)  any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.

12.3.        Neither V&S or the Supplier in any way exclude or limit its liability for:

(a)       death or personal injury caused by our negligence or that of our servants, agents or employees;

(b)       fraud or fraudulent misrepresentation;

(c)       any breach of Your legal rights set out at Clause 10.2 including the relevant terms implied by the Consumer Rights Act 2015.

12.4.        In the unlikely event that You receive a Product which is not what You ordered or which is damaged or defective, or the wrong quantity is received, Supplier shall make good any shortage or non-delivery, replace or repair any damaged or defective Product, or refund to You the amount You paid for the Product in question provided that You notify V&s promptly of the problem as described in these Terms at Clause 10. You must also return the Product, unless We inform You that returning is not necessary. This provision does not affect Your statutory rights. See Clauses 7.1(a), 8.4(a) and 10.3.

12.5.        Neither V&S or Supplier shall have any liability to You for any delay in the delivery of Products ordered or any other matters to the extent that the delay is due to an Event Outside our Control. Where the Event Outside our Control affects delivery of Products to You, We will arrange a new delivery date with You after the Event Outside our Control is over. You may cancel a Contract affected by an Event Outside our Control which has resulted in Your Customer Order not being delivered within thirty (30) days of Your receipt of the Dispatch Confirmation as this would be considered a substantial delay. To cancel please contact us and follow the instructions set out in Clause 8.2 if You opt to cancel.

12.6.        To the fullest extent permissible under applicable law, V&S and Supplier disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect Your statutory rights as a consumer, nor does it affect Your right to change Your mind.

 

Assignment. These Terms shall be personal to You and 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 a Product as a gift, You may transfer the benefit of any Supplier Manufacturer Guarantee to the recipient of the gift without needing to ask for our consent. 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. In the event of assignment or transfer, notification will either be given to You by e-mail or shall be posted on the V&S Marketplace Platform.

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Costs: We are entitled to recover on an indemnity basis the costs of enforcing any of the Terms herein.

Dispute Resolution: If You have a dispute with V&S, We will always try to sort things out if You contact customer services at info@vigourandskills.com. If You are not happy with the resolution, alternative dispute resolution should be arranged between the parties prior to implementing proceedings as set out herein. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. 

Entire Terms/ Severability. These Terms incorporate our V&S Marketplace Platform Terms of Use, the V&S Customer Privacy Statement, the Cookie Policy which together constitute the entire agreement between You and Us in relation to Your use of the V&S Marketplace Platform and supersedes any prior representations, inducements or agreements relating to its subject matter. Each of the Clauses of these Terms operate separately. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.

Law and Jurisdiction. These Terms are governed by English (& Welsh) law (although You are always entitled to any mandatory consumer protections applicable in the country where You live). This means a Contract for the purchase of Products through our V&S Marketplace Platform and any dispute or claim arising out of, or in connection with, it will be governed by the laws of England and Wales. You and We both agree to that the courts of England and Wales will have 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.

Privacy. We will only give Your personal information to third parties where the law either requires or allows Us to do so in accordance with our Privacy Statement and applicable Data Protection Legislation.

Third party rights. Our 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 a Product will have the benefit of any Supplier Manufacturer Guarantee, but We and You will not need their consent to cancel or make any changes to these Terms. Nothing in this Clause excludes the rights of V&S when acting as commercial facilitator of any Supplier.

Trademarks: V&S logos are trademarks of Vigour and Skills Limited. All rights are reserved. Any trademarks appearing on the Products of the V&S Marketplace Platform that are not proprietary to V&S are the property of their respective owners.

Waiver. 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. 

In these Terms (except where the context otherwise requires) the following words shall have the following meanings: 

Data Controller: as defined in the applicable Data Protection Legislation.

Data Protection Legislation: means, as applicable to either party:

(a)      the General Data Protection Regulation 27 April 2016;

(b)     the Data Protection Act 2018;

(c)      the Privacy and Electronic Communications (EC Directive) Regulations 2003;

(d)     any other applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either party;

(e)      any laws which implement any such laws; and,

(f)       any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.

GDPR: the General Data Protection Regulation 2016

Personal Data: as defined in the applicable Data Protection Legislation.

Processing: has the meaning given in applicable Data Protection Legislation from time to time (and related expressions, including Process, Processed and Processes shall be construed accordingly).

Transparency Requirements: means the requirements to ensure that the Processing of Your Personal Data is fair and transparent, as set out in the Data Protection Legislation and as specifically referred to in the V&S Customer Privacy Statement.