Terms and Conditions

The Site is operated by DBAPPAREL UK Ltd, a limited company registered in England and Wales under company number 552438 and whose registered office is located at Britannia Wharf, Monument Road, Woking, Surrey GU21 5LW, England (hereinafter referred as "DBAPPAREL UK", "us" or "we"). Our VAT number is 428 2608 50.

Our contact information is: Telephone number: 01475 504060; E-mail address enquires@wonderbra.co.uk.

We hold a license to manufacture, sell and distribute apparel products under the "WONDERBRA" trademark in the member states of the European Union, as well as several other European nations and South Africa.

The Site is hosted by iris Worldwide, having its registered office located at iris Worldwide, 185 Park Street, London SE1 9DY, England.

We have chosen the Digital Factory of Vente-Privee.com to create the digital catalogue of our official online store.

1. Application

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE AND CONSULT THEM ON A REGULAR BASIS.
YOUR RIGHT TO ACCESS AND USE THE SITE IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF USE, THE PRIVACY POLICY AND THE COOKIES POLICY AND ANY TRANSACTION YOU CARRY OUT THROUGH THIS SITE IS FURTHER SUBJECT TO OUR TERMS OF SALE (CLICK [HERE] FOR LINKS TO EACH OF THESE DOCUMENTS).

BY USING THE SITE WHETHER AS A GUEST OR A REGISTERED USER, YOU INDICATE THAT YOU ACCEPT THE TERMS OF USE, PRIVACY POLICY, COOKIES POLICY AND TERMS OF SALE AND THAT YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT ACCEPT ALL OR PART OF THESE TERMS, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SITE. Except where otherwise specified on the Site, the materials on this Site are displayed solely for the purposes of promoting our products and services available in the UK and ROI.

DBAPPAREL UK reserves the right to revise or otherwise modify the Terms and Conditions from time to time. You are expected to check this page regularly to take notice of any changes that are made. Your continued use of the Site after DBAPPAREL UK has made any modifications shall be deemed to be evidence of your acceptance of any changes, which shall be binding on you.

2. Access to Site

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend any and all services we provide on the Site without notice. We will not be liable if for any reason our Site or any part is unavailable for any reason at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. DBAPPAREL UK shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or other account details. We have the right without any obligation to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or if we suspect any unauthorised activity.

You undertake to access and use the Site at your own risk and that you will comply with the laws and regulations in force and in effect in your jurisdiction, especially if such laws and regulations prohibit access to the Site or any part and/or its content.

Should you fail to comply with any part of these Terms of Use, without prejudice to any other remedies it may have, DBAPPAREL UK reserves the right to suspend your access and use of the Site without notice.

3. Intellectual Property Rights

All trade marks, copyright, database rights and/or all other intellectual property rights in or in connection with the Site, including (without limitation) in relation to all and any text, names, logos, slogans, pictures, images, art work, videos, graphics and other content and material in whatever form contained on this Site, are the property of DBAPPAREL UK, our group companies or our licensees and used by us with the authorisation of the owner of such rights. All such rights are reserved. Other than as expressly set out in these Terms of Use, no user shall by implication or otherwise have any licence or right under any patent, trademark, copyright or any other intellectual property right of DBAPPAREL UK or any third party, to the Site or any content or materials.

If you acquire any copyright or other intellectual property rights in or in connection with the Site, then you agree to assign those rights to us on a worldwide basis absolutely to the fullest extent permitted by law without any further remuneration. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Site. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or in connection with the Site.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal private reference only, provided that no modifications are made and that all trademarks and copyright symbols (such as ©) displayed on the Site remain intact. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any other use of the Site or any content or materials on the Site, including but not limited to, modification, distribution, copying, renting, hiring, lending, integration into a derivative work, transmission and broadcast of material on this Site, is strictly prohibited.

At our option and request, for any reason, you shall destroy any and all copies you might have made of the content of the Site or any part of it.

Without prejudice to the above, you must not use any part of the materials on our Site for any commercial or other purposes without obtaining an express written licence to do so from us.

4. No reliance

This Site and all material and content on the Site are made available on an "as is" and "as available" basis only. DBAPPAREL UK does not make any representation, condition, guarantee or warranty of any kind, whether expressed or implied, such as quality or reliability, fitness for a particular purpose, merchantability, non-infringement, accuracy, reliability or completeness of the Site including any content. This Site may include publications with technical or other inaccuracies or typographical errors and it may contain information that is out of date. DBAPPAREL UK accepts no responsibility to keep the information up to date and error free. Articles, commentary and other material on our Site are not intended to amount to advice on which reliance should be placed. Any reliance placed on the information contained on the Site will be at your own risk.

The views and opinions expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs of DBAPPAREL UK or constitute any endorsement by us.

5. Links

Links from the Site - The Site may include links to other websites or other internet sources. DBAPPAREL UK has not verified and cannot control the content of such sites or sources, in particular as to their accessibility, content, action, confidentiality, or their policy on privacy and personal data and the protection of them.

Links to the Site - You may link to our Site in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must first obtain our prior written approval to do so. We reserve the right to withdraw linking permission at our absolute discretion without any notice and without any liability.

With regard to any sites with links from our Site or which carry links to our Site, use by you of such sites is at your own risk and DBAPPAREL UK shall not accept any responsibility or liability for any loss or damage suffered, including in respect of any purchases you make from such sites. Such sites and sources are subject to their own terms and conditions and policies.

6. Contributions and Submissions to the Site

You may be invited to make certain contributions or submissions to appear on the Site (including, without limitation, submitting emails, diaries, stories, commentaries, descriptions, blog entries, product reviews, opinions, videos, photos, illustrations, and other material), whether by email, post, or by uploading such material to the Site (hereafter referred to as "Contributions").

We respect, and expect users to respect fellow community members, and to comply with these Terms of Use. If you make any Contributions, you must comply with the following standards, including complying with the spirit as well as the letter of the standards:
(a) You must ensure that and you hereby warrant to us that (i) any Contributions are accurate (where they state facts); (ii) any Contributions are genuinely held (where they state opinions); and (iii) you have obtained any third party consents required.
(b) You must ensure that and you hereby warrant to us that any Contributions will not be:

• Abusive, defamatory, or obscene;
• Fraudulent, deceptive or misleading;
• In violation of any intellectual property, privacy or other right of another;
• In violation of any law or regulation;
• Offensive or inappropriate;
• Advertising, promotion, marketing or any form of solicitation that has not been authorised by us in writing; or
• Otherwise in breach of these terms.

We reserve the right to edit, modify or delete any Contributions (or portions thereof) which we, in our sole discretion, deem violate any of the above terms or which are otherwise not suitable for the Site in our sole discretion.

Any Contributions submitted by you will be considered non-confidential and non-proprietary. You agree that all intellectual property rights in your Contributions, including all copyright are assigned to DBAPPAREL UK. You further agree that your Contribution may be posted on the Site and be used by DBAPPAREL UK in any other way, with no financial compensation for yourself or any other person, including being reproduced, presented, modified, disclosed, published, displayed, printed, copied, translated, distributed, adapted, grouped, transferred to any third party, transmitted to anyone, separately or together with other works, on any current or future medium whatsoever, using any current or future process and for all purposes, notably but not limited to promotional purposes, advertising purposes, the development and marketing of products or any other commercial purpose. DB APPAREL may at its discretion decide not to use your Contribution or any part of your Contribution.

DBAPPAREL UK shall not be liable to you for any loss or damage arising out of posting any Contribution on the Site, including where caused by unauthorised use or alteration of the content or other interference of the Site.

You shall be responsible for ensuring that you have obtained all third party consents required in connection with the use of your Contribution as stated above, including the consent of any third party appearing in the Contribution, and you hereby warrant that your Contribution does not infringe any third party intellectual property rights, does not violate any proprietary right, privacy rights, or any other third party right, is not defamatory or libellous and is in compliance with all applicable law and regulation. You agree to indemnify DBAPPAREL UK and its affiliates, agents and representatives from and against any costs, expenses, loss or liability whatsoever, including without limitation, where incurred pursuant to any third party claim, arising out of or in connection with your Contribution.

DB APPAREL UK accept no obligation to monitor such contributions and we do not endorse and we are not responsible for any Contributions and expressly disclaim any and all liability in connection with such Contributions.

We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, their right to privacy or any other right.

7. Unsolicited Information

Please refrain from sending DBAPPAREL UK unsolicited information or content (whether by email, post, or by uploading such information to the Site) including, but not limited to, materials of a commercial, advertising, creative or promotional nature, proposals of concepts, know-how, techniques, ideas and related information (hereinafter "Unsolicited Information").

All Unsolicited Information will be considered as non-confidential and non-proprietary information.

You warrant and guarantee that any Unsolicited Information you send to DBAPPAREL UK does not violate the rights of any third party, or any regulation or law, and you acknowledge that you are solely responsible for the content of this information.

You acknowledge and agree that by sending Unsolicited Information, you provide DBAPPAREL UK with a perpetual, irrevocable, non-exclusive, worldwide, royalty-free and transferable licence to use the Unsolicited Information for any purpose whatsoever and with a full right to sub-license. DBAPPAREL UK has no obligation to respond or confirm its reception, and has only a right to use it but no obligation. DBAPPAREL UK may disclose your identity to any person who claims that Unsolicited Information sent by you infringes their intellectual property rights, any other proprietary right, privacy rights, or is defamatory/libellous.

You agree that the content of any Unsolicited Information may be used by DBAPPAREL UK, with no financial compensation for yourself or any other person, reproduced, presented, modified, disclosed, published, displayed, printed, copied, translated, distributed, adapted, grouped, transferred to any third party of its choice, transmitted to anyone, separately or together with other works, on any current or future medium whatsoever, using any current or future process and for all purposes, notably but not limited to promotional purposes, advertising purposes, the development and marketing of products or any other commercial purpose.

8. Unauthorised Activity

You must not misuse our Site by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Unfortunately, the transmission of information via the Internet is not secure and cannot be completely protected from illicit interference from third parties. Communications via the Internet may potentially be intercepted, lost or modified and any transmission is therefore at your own risk. Once DBAPPAREL UK receives the information, it will employ security features to attempt to prevent unauthorised access.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

9. Disclaimer of Warranties and Limitation of Liability

DBAPPAREL UK RESERVES THE RIGHT TO WITHDRAW ACCESS TO THE SITE WITHOUT NOTICE FOR REASONS OF MAINTENANCE, SECURITY, UPDATING AND FOR ANY OTHER REASON. DBAPPAREL UK SHALL NOT BE LIABLE IF, FOR ANY REASON, THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

DBAPPAREL UK DOES NOT WARRANT THAT ALL OR PART OF THE SITE IS AVAILABLE OR ADAPTED TO ALL COUNTRIES IN THE WORLD. DBAPPAREL UK DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING ALL OR PART OF THE CONTENT OF THE SITE AND/OR ITS TECHNICAL FUNCTIONING.

DBAPPAREL UK DOES NOT GIVE ANY WARRANTY IN ANY MANNER WHATSOEVER THAT THE CONTENT OF THE SITE IS EXEMPT FROM ANY ERRORS, INACCURACIES, OMISSIONS AND BUGS, MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO VIRUSES AND TROJANS), DEFECTS, INTERFERENCE WITH RIGHTS OF THIRD PARTIES, OR THAT IT HAS BEEN ADAPTED FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE UNRESERVEDLY THAT YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DBAPPAREL UK, ANY AFFILIATE COMPANY OF DBAPPAREL UK, AND ANY THIRD PARTY CONNECTED TO DBAPPAREL UK OR THE SITE, HEREBY EXPRESSLY EXCLUDE:

• ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
• ANY LIABILITY FOR ANY:
  - LOSS OF INCOME OR REVENUE;
  - LOSS OF BUSINESS OR CONTRACTS;
  - LOSS OF PROFITS;
  - LOSS OF ANTICIPATED SAVINGS;
  - LOSS OF OR DAMAGE TO DATA;
  - LOSS OF GOODWILL;
  - WASTED MANAGEMENT OR OFFICE TIME;
  - ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE; OR
    HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

NOTHING IN THESE CONDITIONS SHALL AFFECT ANY PARTY’S LIABILITY (INCLUDING BUT NOT LIMITED TO DBAPPAREL UK’S LIABILITY) FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. General

No failure by DBAPPAREL UK to exercise, and no delay by it in exercising, any right, power or remedy in connection with these Terms of Use will operate as a waiver. Any waiver by DBAPPAREL UK of a breach of these Terms of Use shall not be effective unless it is in writing and signed by it. No waiver by DBAPPAREL UK of any breach of these Terms of Use shall be deemed to be a waiver of any subsequent breach.

If any provisions of these Terms of Use are held to be illegal, invalid or unenforceable, in whole or in part, whether under any enactment or rule of law or otherwise, such provision or part shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the remainder of the Terms of Use shall not be affected.

The exclusions, limitations, rights and benefits of these Terms of Use shall apply to the direct benefit of DBAPPREL UK and any of our affiliates, which means any of our direct and indirect subsidiaries, our ultimate parent company and any its direct and indirect subsidiaries.

11. Applicable Law and Jurisdiction

You agree: (a) that English law, without regard to principles of conflict of laws, will govern these Terms of Use; and (b) that the English courts will have exclusive jurisdiction over any claim arising from, or related to, the Site (including its use or access), except that DBAPPAREL UK shall have the right to bring proceedings against you in your country of residence or any other relevant country.

1. APPLICATION

• These terms and conditions of sale and the documents referred to in it (the "Terms of Sale") apply to any order you place or try and place through this website, accessible via the URL www.wonderbra.eu and including any mobile version (hereinafter referred as the "Site") for any of the products and services listed on the Site (together the "Products").
• These Terms of Sale incorporate our Terms of Use, Privacy Policy and Cookies Policy. Click [here] for links to each of these documents.
• You must read these Terms of Sale carefully before placing any order. By placing an order through the Site, you confirm that you have read, understood and agree to these Terms of Sale in their entirety. If you do not agree to these Terms of Sale in their entirety, you must not order any product or service through the Website.
• At this present time, the Site only accepts order for delivery to the UK and the ROI (the "Serviced Countries"). We do not accept orders outside those countries.

2. YOUR STATUS

• By placing an order through our Site, you warrant that (i) you are legally capable of entering into binding contracts; and (ii) you are resident in one of the Serviced Countries.

3. ORDER PROCESS

• The display of Products on the Site is an invitation and not an offer to sell those Products to you.
• When you place the order for your Products, only an offer is made that is still subject to our acceptance and no contract is yet in place. If you enter a correct email address we may send you an order acknowledgement email and order update emails. These do not constitute acceptance of your order from us either and no contract is yet in place. Please note that completion of the online checkout process also does not constitute our acceptance of your order, even if we have taken payment.
• Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will only take place at the point the Products you have ordered are dispatched to be delivered to the address you have given us, and we may confirm such dispatch to you by email. This contract will only relate to the Products which we have dispatched and not to any other Products that you have ordered. A contract will only be formed in relation to other Products that you may have ordered upon the dispatch of those Products.
• The contract will be formed at the place of dispatch of the Products.
• We take reasonable care to try to ensure that prices quoted on the Site are correct and that Products are described accurately in all material respects and are available. However, when ordering Products through the Site, please note that:
• Orders will only be accepted if there are no, and any acceptance is subject to there being no, material errors in the description of the Products or their prices as advertised on this Site;
• All Products are subject to availability. We will inform you as soon as possible if the Products you have ordered are not available and we may offer
alternative Products;
• Packaging may vary from that shown on the Site;
• The measurements, weights, dimensions and capacities shown on the Site are approximate only;
• The reproduction of colours is as accurate as the photographic and production process will reasonably allow. In addition, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Product on delivery.
• On occasions, despite us using reasonable care, an error may occur resulting in the Products described on our Site not being the Products actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other Products we may have available or the Products which may have been despatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect Products despatched must be returned in the same condition for a full refund.

4. PRICE AND PAYMENT

• The price of the Products and our delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.
• All prices are in pound sterling (orders from UK) or Euros (orders from ROI) and include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
• Product prices and delivery charges are liable to change at any time, but changes will not affect orders that have already been dispatched.
• Our Site contains a large number of Products and it is possible that, despite our reasonable efforts, some of the Products listed on the Site may be incorrectly priced. If a Product’s correct price is higher than the price stated on the Site, your order will not be accepted at the lower price, unless we in our discretion confirm we are accepting your order despite the error. We may, at our discretion, notify you of the price error and seek your instructions on whether you are willing to proceed at the correct price before dispatching the Product.
• Payment for all Products must be by credit or debit card or a valid e-gift certificate. We accept payment with the credit cards listed on our Site from time to time.
We will take payment from your card when we process your order, shortly before dispatch. If for whatever reason, payment is not received and you have already received the Products you ordered from us, you must pay for the Products immediately or return those Products to us in the same condition that you received them at your own expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Products that are the subject of an unpaid order.

5. DELIVERY

• Delivery charges and timescales vary depending on the type of products ordered and the delivery address. For full details of our delivery charges and timescales please click [here]. Any timescales quoted are estimates only, subject to any unplanned delays or events.
• We shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control.
• The Products will be your responsibility from the time of delivery.
• Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

6. RIGHT TO CANCEL - DISTANCE SELLING REGULATIONS

• The UK’s Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") gives eligible consumers a right to cancel under certain circumstances.
• If you are a consumer that is entitled to rights under the Regulations, you may pursuant to the Regulations cancel your order within seven working days following your receipt of the Product. In relation to cancellation by you, please note the following:
• The statutory right to cancel does not apply to certain Products, including Products that are made to your specification, clearly personalised or unsealed audio or video recording or computer software.
• To cancel under the Regulations, you can contact us by email or post. If the order has already been processed, it may not be possible to interrupt delivery in which case you will have to return the Product to us when it is received.
• For a valid statutory cancellation, a full refund will be processed in accordance with your legal rights under the Regulations. We will refund any delivery charges paid, however, if only part of your order is cancelled, the delivery charge will not be refunded. The cost of returning the Product to us will be at your expense.
• You must take reasonable care of the Product and return it to us at your cost in the same condition as soon as reasonably practical, with all its packaging and together with any free gifts or promotions (e.g. 2 for 1). If you fail to comply with this obligation, we may have a right of action against you for compensation.
• If you choose to return a Product to us, we will not be responsible for any loss or damage to them in transit.
The above is not a conclusive or exhaustive guide to your rights under the Regulations. Further information on the Regulations can be obtained from your local trading standards office or the citizens advice bureau. This provision does not affect your other statutory rights as a consumer.

7. RETURNS

• From time to time we may operate a discretionary "Goodwill Returns & Exchange" policy which is not legally binding. Please to refer to our Help section for further details - click [here]. This policy does not affect your statutory rights.
• Subject to any additional statutory rights that you have as a consumer, returns for Products may also be made by you if they are received by you in a damaged condition or have been incorrectly supplied by us.
• You should check all Products you receive against your order. If the Products you receive are damaged or incorrectly supplied on delivery, then if possible you must note the details of any damage or error in supply on the delivery documentation or refuse to accept the Products if that is an option. If you are unable to view the items on receipt, you must inform us of the problem as quickly as is reasonably possible, within a reasonable period and return the Products to us as soon as possible after informing us. We would expect the Products to be returned to us within 28 days of receipt by you.
• If the Product is returned in accordance with these Terms of Sale, we will process a refund within a reasonable time. Refunds will normally only be made to the same card that you used to make payment.
• You must take reasonable care of the Product and return it to us in the same condition as soon as reasonably practical, with all its packaging and together with any free gifts or promotions (e.g. 2 for 1).
• If you choose to return a Product to us, we will not be responsible for any loss or damage to them in transit.

8. LIABILITY

• There are certain liabilities which we cannot limit or exclude by applicable law and nothing in these Terms of Sale excludes or limits such liability, including any liability for personal injury or death caused by our negligence or for fraud.
• You have certain statutory rights as a consumer, including legal rights relating to faulty goods. Nothing in these Terms of Sale seek to affect your statutory rights in any way.
• Subject to Clauses 8.1 and 8.2, we will not be liable for losses that result from or in connection with our failure to comply with these Terms of Sale or the sale of Products to you that fall into the following categories:
• loss of income or revenue;
• loss of business;
• loss of profits;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time.

However, this clause will not prevent claims for direct losses that are a natural, foreseeable consequence of our breach of these Terms of Sale that are not excluded by the above categories (a) to (f).

9. EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under or in connection with these Terms of Sale that is caused by events outside our reasonable control ("Force Majeure Event").
• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, shortages, adverse weather, storms, floods, civil commotion, riots, terror attacks, war or preparation for war, fire, explosion, earthquakes, volcano eruptions, natural disaster, pandemic or epidemic, problems with transport, problems with public or private telecommunications networks, any legislation or acts of government.

10. NOTICES

• All notices given by you to us must be given to DBAPPAREL UK. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice 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.
• Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. GENERAL

• If we fail at any time to insist upon strict performance of any of your obligations under these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Sale, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
• No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. A waiver by us of any default will not constitute a waiver of any subsequent default.
• Please note, will be complying with English law which may differ from the law in the jurisdiction of delivery, including in relation to data protection, privacy and marketing.
• If any provisions of these Terms of Sale are held to be illegal, invalid or unenforceable, in whole or in part, whether under any enactment or rule of law or otherwise, such provision or part shall to that extent be deemed not to form part of these Terms of Sale but the legality, validity and enforceability of the remainder of the Terms of Sale shall not be affected.
• The exclusions, limitations, rights and benefits of these Terms of Sale shall apply to the direct benefit of DBAPPREL UK and any of our affiliates, which means any of our direct and indirect subsidiaries, our ultimate parent company and any its direct and indirect subsidiaries.
• These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Products. Neither party has relied on any warranties or representations not expressly set out in these Terms of Sale which are hereby expressly excluded. This does not affect your statutory rights.
• The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.
• We may transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

12. VARIATION TO THESE TERMS OF SALE

• We have the right to revise and amend these Terms of Sale from time to time for any reason.
• You will be subject to the Terms of Sale in force at the time that you order Products from us, unless any change to these Terms of Sale is required to be made by law or governmental authority retrospectively (in which case it will apply to orders previously placed by you), or if we notify you of the change to Terms of Sale before we dispatch your order (in which case we have the right to assume that you have accepted the change to the Terms of Sale, unless you notify us to the contrary within five working days of receipt by you of the Products).

13. LAW AND JURISDICTION

You agree that the contracts for the purchase of Products and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.