Terms & Conditions - USA
Terms & Conditions
Table of Contents
-
These Terms
-
Interpretation
-
Customer Location
-
Furniture Products Specifications
-
Prices
-
Payments
-
Delivery & Storage
-
Risk and Title
-
Our Furniture Removal Service
-
Cancellations and Returns
-
Customer Own Materials
-
Limited Warranty
-
Fabrics
-
Our Liability & Disclaimers
-
Other Services
-
Website Purchases
-
Clearance Sales
-
Sale Items
-
Promotions
-
Faulty Goods
-
Privacy
-
Copyright and Trademark
-
Dispute Resolution & Class Action Waiver
-
Rights of Third Parties
-
Applicable Law and Jurisdiction
Company name: SC GROUP TRADING LIMITED (Trading as Sophie Conran)
Company number: 15907701
VAT number: 476 2792 50,
EORI number: GB476279250000
Registered office: Please note this is not a trading address or a warehouse address. Salisbury House, Station Road, Cambridge, CB1 2LA, United Kingdom. For returns or correspondence please contact us at customerqueries@sophieconran.com
1. These Terms
1.1. These Terms and Conditions of Trading (‘Terms’) apply to all contracts between SC Trading Group Ltd and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services.
1.2. By accessing and using our website you agree to the terms contained in our Terms of Website Use. If you do not agree with or accept any of these terms, please stop using the website.
1.3. Any order you place with us is accepted only once a written sales order confirmation (by email, post or in person) has come through.
1.4. When you place an order, we will require your name, email address, credit/debit card, phone and address details. We may, unless you inform us otherwise, provide our warehouse and couriers with your contact phone number in case they need to reach you to arrange the delivery of your order. After placing an order online, we will provide you with confirmation that your order has been received but this is not confirmation that your offer to buy the items has been accepted.Our contract for the sale of our products will only exist once an order has been accepted, processed and despatched to you.
Please note that we will not be able to meet any obligations as a result of the following reasons:
- If the product you ordered is out of stock
- We are unable to authorise your payment
- If it is identified that there is a product description or pricing error
- If customers do not reach any order criteria outlined in the Terms & Conditions
- If our delivery companies are temporarily unable to deliver due to exceptional conditions that are beyond our control including hazardous weather and accidents.
Should there be an issue with your order, one of our Customer Services team will contact you. If we have issues authorising payment we will contact you via email or phone and you will have two working days to respond. Failure to do so will result in your order being cancelled.
1.5. Clause 16 (Website purchases) applies only to sales made through our Website.
1.6. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part.
1.7. We reserve the right to update these Terms from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing orders). Examples of reasons for change include changes to our Products, prices, guarantee or delivery terms, changes to our business needs or supply structure, or for technical or legal reasons.
2. Interpretation
The following definitions and rules of interpretation apply to these Terms.
2.1. ‘Bespoke Product(s)’: any Product that we make to your specifications or that we personalise to you. This includes (without limitation) where you request that we make changes to a Product, including to the size, finish, stitching, piping, cushion pads, fabric mixes or upholstery. This also includes Customer Own Material Products. If we are manufacturing the product to measurements you have provided, you are responsible for ensuring that these measurements are correct. Due to the handmade nature of these products, the final dimensions of the finished Product will be within a 2-inch tolerance of the requested measurements.
If you are supplying Customer Own Material fabric, please ensure it is fit for purpose and provide relevant test reports and sufficient fabric to enable us to produce the products, with some allowance for wastage. We will not be responsible for the condition, quality or suitability of the fabric you supply. Where any bespoke product is to be made to your dimensions or design, you must give written approval for any final dimensions and designs before we start production, and you are responsible for ensuring that the dimensions and designs are fit for your purposes.
2.2. ‘Clearance Product(s)’: any Products sold at a reduced price to our normal retail price, as remnants or as substandard, including but not limited to Products sold at a discounted price as a direct consequence of a clearance initiative.
2.3. ‘Customer Own Material(s)’ and ‘Customer Own Material Product(s)’: have the meanings given to them in clause 11.
2.4. ‘Guarantees’: our Guarantees set out in clause 12.
2.5. ‘Product(s)’: any sofas, armchairs, beds, footstools, cushions, mattresses or other products that we sell.
2.6. ‘Standard Range’: any furniture products that are listed on our Website in the sizes and fabrics as listed and which are not Bespoke Products, Clearance Products or Customer Own Material Products.
2.7. ‘Contiguous United States’: The 48 adjoining U.S. states and Washington D.C., excluding Alaska, Hawaii, and US Territories.
2.8. ‘Website’: www.sophieconran.com and our associated web pages.
3. Customer Location
3.1. Please note that our delivery and returns policies differ according to where you reside. Please see clauses 7 (Delivery), 10 (Cancellations and Returns) and 12 (Limited Warranty) for further details.
4. Furniture products specifications
4.1. For all furniture products that you order, it is your sole responsibility to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them.
4.2. The dimensions of Products we supply may vary from those stated in their specification but we will endeavour to ensure that they are within a 2-inch tolerance of those stated.
4.3 Whilst we try to ensure that the colours of our Products are as accurately displayed as possible on the Website, the actual colours that you see on your computing device may vary depending on the monitor that you use. This warranty does not cover minor differences between your furniture and printed illustrations, video, or internet displays. Any Clearance Products will be identified and be stated to be sold as such on the Website. Such Products may not necessarily be in perfect condition, so please check before you buy that they are of a satisfactory quality for their intended particular use. Please see our limited returns policy for Clearance Products at clause 17.
5. Prices
5.1. All prices are in U.S. Dollars and are subject to any promotional offer or discount. Applicable state and local taxes, and shipping fees, will be calculated and added at checkout.
5.2. All prices which we have quoted to you are valid for up to 30 days from the date on which the quote was given, unless otherwise indicated by us.
6. Payments
6.1. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
6.2. For all standard larger furniture products we require a minimum payment of 50% of the total value of the final invoice at the time you place your order to begin the production of your furniture and secure the required fabric. This can be done via credit card, paypal or by BACS transfer. For all bespoke furniture products, a 100% deposit is required at the time you place your order.
6.3. Automatic Final Payment: The remaining balance is required as soon as your item(s) are ready for dispatch from our warehouse. By providing your payment information at the time of order, you authorize us to charge the remaining balance to your original form of payment prior to the scheduling of your delivery, without requiring subsequent authorization from you. Products cannot be delivered until full payment is received.
7. Delivery & Storage
7.1. For all made-to-orders from our Standard Furniture Range, we aim to deliver Products within 12 weeks of the date on which we accept your order depending on Fabric Availability. For any large Bespoke furniture Products, this time frame may vary. In all cases we will provide you with an approximate delivery estimate at the time you place your order and we shall provide you with a precise delivery date and time (‘Confirmed Delivery Date’) closer to the date of delivery.
7.2. Shipping fees are calculated based on your delivery address and will be communicated at checkout or time of purchase. We are currently unable to deliver outside the Contiguous United States unless specifically arranged in writing.
7.3. For Clearance Products sold on our Website, our standard delivery charges apply. Please see clause 17 for further details about Clearance Products.
7.4. We will endeavour to deliver your Furniture Products on the Confirmed Delivery Date; if we are unable to do so we will endeavour to contact you at least 48 hours beforehand to arrange a new delivery date.
7.4.1. To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery. This includes all hallways and stairs are clear, all floors, both wooden and carpet, are protected/covered prior to us entering, and all precious and or breakable items are removed. We also request that children and pets are out of the way.
7.4.2. We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control.
7.4.3. We are not responsible for the removal or movement of any furniture or other items upon delivery unless we have agreed this with you in advance.
7.4.4. Deliveries are available without the use of a suitably large lift up to the third floor of a building. If delivery to a higher floor without the use of a suitably large lift is requested then we will inform you whether we can deliver to that floor and, if we can, additional delivery charges may apply.
7.4.5. It is your responsibility to ensure that two of our delivery team members are able to access the room(s) for delivery of the Products. Our delivery team reserves the right not to deliver the Products if they believe it is unsafe to do so for any reason.
7.4.6. If we accidentally damage Products in the course of delivery, then (subject to clause 7.13) our liability for that damage is limited to the repair, refund or replacement of the Products or the value thereof. Where possible, refunds will be made using the same means of payment as you used to purchase the Products. In the case of card payments, refunds will be made to the original card of purchase.
7.4.7. Damage Reporting: Any damage to the Products or your property or its contents as a direct result of our delivery service must be noted on the Proof of Delivery form and reported to us by email within 24 hours of the delivery taking place. If you do not report such damage to us within this time frame, we shall not be liable to you for any such damage.
7.4.8. Our delivery team may inform you that they are willing to deliver the Products but that, in their opinion, access to the delivery address is inadequate for them to make delivery without risking causing damage to the Products or your property or its contents. In this event, if you request that our delivery team proceed with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur.
7.4.9. Our delivery team will unwrap and assemble all Products upon delivery.
7.5. Storage and Abandonment: Once your merchandise is received at our warehouse, you will be contacted to initiate shipping. If you are unable to accept delivery beyond 30 days of your merchandise being ready, your order must be paid in full and becomes Final Sale (cannot be returned, refused, canceled, or exchanged). Merchandise will not be held more than 90 days at our warehouse. After 90 days, the property will be considered abandoned, and we reserve the right to dispose of it without refund or compensation to you.
8. Risk and Title
8.1. The Products will be at your risk from the time of delivery to the address which we specify in our order confirmation to you.
8.2. 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 (if any).
9. Furniture Removal
9.1. We currently do not offer a furniture removal service.
10. Returns and Cancellations for Smaller Items:
10.1. If your order has already been dispatched we will be more than happy to offer you an exchange or, if you wish, a refund, provided that the products are returned complete and in a reasonable condition within 28 days of receipt. We are not responsible for return postage unless the item is faulty.
10.2 If a free gift was included with your original order and you choose to return your full order, or if the total value of the items you choose to keep falls below the threshold value to qualify for the free gift, please ensure that the free gift is also included with your return.
10.3 With the exception of faulty items or goods damaged in transit, please note that we are not responsible for the return postage and do advise that you obtain a certificate of postage in case the parcel fails to reach us.
10.4 If an item is returned to us outside of the 28 day time frame or is in a non re-saleable condition SC Trading Group Ltd reserves the right to withhold the refund.
10.5 If you wish to cancel your order and return it to us, you must let us know within one working day of placing your order. This can be done by contacting our Customer Services team via email at customerqueries@sophieconran.com. If you have already received your order, you will then need to return the whole order to us at your own expense. Once we receive the whole order back we will issue a refund excluding the original delivery charge paid. Please note this does not apply to the personalised items which cannot be returned unless faulty or damaged. Please Note: Sale items are non-refundable unless damaged or faulty.
10.6 If you wish to return an item, please email us at customerqueries@sophieconran.com and our team will provide the correct return address based on your order.
We recommend that you obtain a Certificate of Posting in case for whatever reason the parcel(s) fails to reach us.
10. Returns and Cancellations for Furniture Items:
10.7. Subject to the remainder of this clause 10, you may cancel your furniture order under the following terms:
10.7.1. For Products from our Standard Furniture Range, you have the right to amend or cancel your order up to 1 business day after the original order date without penalty. Any cancellations or amendments requested after 1 business day incur a 10% cancellation/amendment fee on the total value of your order.
10.7.2. If you wish to return your standard furniture order after delivery, you must contact us within 14 days of delivery. A 25% restocking fee based on the original purchase price will be charged and deducted from your refund. Original shipping and delivery fees are non-refundable, and you are responsible for return shipping costs.
10.7.3. Bespoke Products, including Customer Own Material (COM) products, are final sale. You may not cancel your order once production has begun (after one business day), nor after delivery. No returns or exchanges are accepted on bespoke products.
10.7.4. If your order arrives broken, please let us know within 24 hours of delivery so that we can resolve the situation for you.
10.7.5. Products must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Products. All returned Products will be inspected in our warehouse and, if deemed to be damaged or sullied, we will charge you a fee to reflect the amount by which the value of the Products has been diminished. In the case of furniture, it should be noted that any marks on fabric covers, legs or any part of the furniture will be assessed and charged for at replacement value. It is therefore very important that any item of furniture you wish to return is not used and is covered with protective packaging as soon as possible. Lighting must be returned in its original packaging to avoid damage. We do not accept returns on pieces that have been used for commercial purposes or altered in any way post-delivery.
11. Customer Own Materials on Furniture
11.1. This clause 11 applies to any fabric (or other item) that you supply to us or which you specify and is not on our Website (‘Customer Own Material’). We refer to any Product that, at your request, we make with a Customer Own Material as a ‘Customer Own Material Product’. Customer Own Material meterage quotes may vary depending on pattern repeat in fabric.
11.2. We may refuse to use any Customer Own Material which we consider to be unsuitable.
11.3. You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product. We are not responsible for the performance, durability, or wrinkling of Customer Own Material.
11.4. Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
11.5. We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit.
11.6. Lead times for bespoke products will be confirmed after customer own material has been received by the manufacturer.
12. Limited Warranty
12.1. We provide the following limited warranties to the original purchaser for residential use only. This warranty terminates immediately upon resale or commercial use.
12.1.1. Our furniture carries a 25-year wooden frame construction warranty against manufacturing defects.
12.1.2 Cushion fillings and coverings and upholstery on our Products are guaranteed for two years from the date of delivery except that we do not provide any guarantee for fabric (or other items) supplied at your specification by yourself or a third party, nor in respect of any defect in Products caused by any defect in, failure of or unsuitability of any fabric or other items so supplied.
12.3. Our warranty does not cover fair wear and tear, neglect, abuse or misuse of your Products (including failure to follow any Product care instructions that we provide), loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, theft, accidental damage or loss or damage caused by a third party.
12.4. If considered covered, we will, at our sole discretion, either repair the defective product or provide an appropriate replacement. Any product repaired or replaced will be warranted only for the remainder of the original warranty period.
13. Fabrics
13.1. Fabric batches may vary. The majority of our fabrics are created from natural materials, and thus, unlike man made products, there can be slight variations between batches. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others.
13.2. Whilst we guarantee to make all your orders from the same batch, we cannot guarantee that subsequent orders will match your original order.
13.3. Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.
13.4. We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
13.5. After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it..
13.6. We recommend that you dry clean all removable covers that require dry cleaning.
13.7. Blot dry any wet spillages with a clean dry cloth as soon as possible. Do not use a wet cloth or rub the fabric.
14. Our Liability & Disclaimers
14.1. To the utmost extent allowed by law, neither SC Group Trading Limited nor any linked company shall be liable to you for any indirect, special, incidental, or consequential damages (including but not limited to loss of profit, loss of use, or damage to other property) arising out of or in connection with the supply of the products or their use.
14.2. WARRANTY DISCLAIMER: ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ON THIS PRODUCT. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
14.3. To the fullest extent permitted by law, our maximum liability arising out of or in connection with your purchase, regardless of the cause of action, will not exceed the total purchase price paid for the Products in question.
14.4 Whilst we try and do everything reasonable to try and keep the information on this website up-to-date and correct, SC Trading Group Ltd do not give any warranty to its completeness or correctness and SC Trading Group Ltd cannot be held responsible for any omissions, errors or for any resulting implications from the use of this information.
14.5 SC Trading Group Ltd make all reasonable effort to ensure a reliable and fast service but we do not guarantee that you that your use of this website will be free from interruption or errors and cannot be held responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto computer systems.
14.6 In addition, SC Trading Group Ltd cannot be held responsible or liable for your use of any websites that are accessible from this website as we do not have any control or responsibility for these. Any such links should not be viewed as an endorsement or an affiliation with SC Trading Group Ltd.
14.7. We shall not have any liability to you for any non-performance or losses that are wholly or mainly caused by anything beyond our reasonable control.
15. Other Services
Details of any furniture protection schemes are available on request. Separate terms and conditions apply.
16. Website Purchases
16.1. The following terms and conditions in this clause 16 apply only to purchases made on our Website.
16.2. We endeavour to display as accurately as possible the colours and sizes of our Products that appear on our Website. However we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.
16.3. Our contract with you shall not be concluded until we have received your valid payment details and we have accepted the order by way of a confirmation by return e-mail to the email address you have given us during the online payment process.
16.4. Every effort is made to ensure the complete accuracy of our Website however some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 16.4 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within twenty eight (28) days of cancellation.
16.5. We reserve the right to refuse any order placed by you.
16.6. To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the Website.
16.7 Every product bought is sold subject to its product description which outlines any further specific conditions that relate to that product including, without restriction, terms and conditions regarding approximate delivery dates/times, warranties, after-sales support and guarantees.
16.8 When placing an order you will be added to our mailing and email list. However should you wish to not receive mailings, please inform our Customer Queries team and they will remove you from our mailing list. You can remove yourself from the Email list by amending your email preferences via the link at the bottom of each email.
16.9 Please ensure that you check all items purchased via the website upon receipt, as faulty or damaged items must be reported within 24 hours of receiving the parcel
16.10 Every product bought is sold subject to its product description which outlines any further specific conditions that relate to that product including, without restriction, terms and conditions that regarding approximate delivery dates/times, warranties, after-sales support and guarantees.
16.11 We undertake all reasonable care to ensure that all the details, prices and descriptions of products in our catalogues and on our website are accurate at the time when they are either entered onto our system or printed. Whilst we endeavour to keep the website as up-to-date and accurate as is possible, there may be very rare occasions when the information on the website (including product descriptions) at a certain time may not reflect the position exactly at the point an order is placed. We do not give any warranty as to the accuracy or completeness of the information and cannot be responsible for any errors or omissions or for the results arising from the use of such information. Please note that we are unable to confirm the price of a product until your order is accepted in line with our order acceptance conditions. We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this website and in the catalogue are solely to provide an approximate idea of the goods they describe and do not form part of the contract between you and us and are not intended to be binding. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
17. Clearance Sales & Floor Samples
17.1. Clearance items and floor samples are subject to availability, while stocks last.
17.2. Returns policy: Clearance items and floor samples are sold "AS IS". All sales are final, and we do not accept returns or exchanges. If a clearance or final sale item is refused upon delivery, a 50% restocking fee will be applied.
18. Sale Prices
18.1 Sale prices are valid until 23:59 on the last day of any Sale. Sale prices cannot be retrospectively applied to an order. If an item purchased at full price is later reduced in a Sale, or if a Sale item is further reduced in an ongoing Sale, we are unable to refund any difference in price. Items will need to be returned as per our Returns policy and then re-ordered. Promotional codes will not apply to items in Sale or in clearance. All Sale offers are subject to availability, while stocks last, and exclude any orders made outside of the Sale period. Where the sale stock of products has sold out, they may no longer be available at the discounted price, but may in some cases be available at their full price.
18.2 Returns policy: Sale items are non-refundable unless damaged or faulty.
19. Promotions
19.1 Please note that only one promotional offer can be used on any one order and promotional codes do not apply to sale items, items in clearance. It cannot be used in conjunction with any other offer. All promotional codes remain the property of SC Trading Group Ltd and we reserve the right to stop or remove a promotion at any time without prior warning. Offers or discount codes cannot be applied retrospectively to orders. Although we will instruct affiliate windows to remove offers or promotions from their sites when they are no longer valid, we cannot be responsible for the failure to do so. It excludes the cost of delivery and cannot be used in conjunction with any other offer.
20. Faulty Goods
20.1 Goods are faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase; however this does not include the results of normal wear and tear. We extend a one year guarantee for all electrical items and 25 years for our Sofa Frames.
20.2 If an item is returned to us as faulty and we feel it is down to natural wear and tear, a refund or replacement will not be issued. We always strive to ensure that your product reaches you in perfect condition however if your product is broken or damaged on arrival please send us a photo within 24 hours of the delivery date. If we are notified outside of this timeframe we will not be able to offer a replacement free of charge.
21. Privacy
21.1. We process information about you in accordance with our Privacy Policy. By submitting your personal information to us, you consent to such processing and you warrant that all data provided by you is accurate and that, if it changes, you will tell us promptly.
21.2. The Website uses cookies. For more information on which cookies we use and how we use them please see our Privacy Policy on our Security, Cookie Use & Privacy page. .
22. Copyright & Trademark
22.1 All the content of the pages on the website (including pictures, drawings, logos, photographs, copy and other materials) represent the copyright or registered trademark of SC Trading Group Ltd, its technology providers or their respective owners. All rights are reserved. The modification, copying, circulation, reproduction, or incorporation of into any other work of part of or all of content available on www.sophieconran.com is forbidden, with the exception of:
22.2 Copying, printing (solely one copy) or downloading extracts of the content of the website for the sole purpose of using the website in good faith for placing an order with SC Trading Group Ltd or for non-commercial purposes.
22.3 The complete liability of SC Trading Group Ltd under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
22.4 SC Trading Group Ltd will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
22.5 SC Trading Group Ltd may assign or transfer any of its rights or sub-contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific written permission of SC Trading Group Ltd
22.6 No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
23. Dispute Resolution & Class Action Waiver
23.1. Class Action Waiver: To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST SC GROUP TRADING LIMITED.
23.2. If a US court of competent jurisdiction determines that this Class Action Waiver is unenforceable, then any such class-wide dispute must be brought in the courts of England and Wales.
24. Rights of third parties
24.1 A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
25. Applicable law and jurisdiction
25.1. These Terms 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) shall be governed by and construed in accordance with the law of England and Wales.
25.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
25.3. Exceptions for US Consumers: Notwithstanding clauses 25.1 and 25.2, if you are a consumer resident in the United States, we recognize that you may have the right to bring a claim in your local jurisdiction under mandatory consumer protection laws. In such an event, the limitations of liability, warranty disclaimers, and class-action waivers set forth in these Terms shall be strictly enforced to the maximum extent permitted by the laws of your state of residence.
- Choosing a selection results in a full page refresh.