Terms and Conditions

Terms and Conditions

1. About us

Sale of consumables through this https://shop.trustpayments.com website is carried out by Trust Payments (UK) LTD (“Trust Payments”), a company registered in England and Wales under company registration number: 11976895. Our registered office is at: 1 Royal Exchange, Royal Exchange Avenue, London, United Kingdom EC3V 3DG. Our VAT number is: GB 343 0499 08. We do not offer financial products or services, including payment services on this shop.trustpayments.com website.

2 How to contact us

You can contact us by sending an email to support@trustpayments.com or calling us on +44 0333 240 6000.

3. These terms and conditions

3.1 These Terms apply to any purchases you make on our https://shop.trustpayments.com website including use of this website and any of its content (“Site”). Please read these terms carefully, including our Cookies Policy and Privacy Policy before you place any orders on our Site, as they set out important information about your and our rights and obligations. By using and/or placing an order on https://shop.trustpayments.com you agree to be bound by these terms and conditions (“Terms”). If you do not agree to these Terms, you must not use the Site.
3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying products from our Site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying products from our Site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these Terms is to Trust Payments (UK) LTD, and any reference to ‘you’ or ‘your’ is to the person accessing or using the Site and/or placing an order on our Site.
3.4 You must be at least 18 years old and a resident of the UK to place an order on our Site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These Terms are only available in English.
3.7 Your use of our Site is also governed by our Terms of Use – Trust Payments.

4. Orders

4.1 To place an order, you must follow the online shopping process and clicking on “Place Order” to submit the order. You will need to enter your email address, telephone number, and confirm the desired UK mainland delivery address where you wish to receive the goods.
4.2 Please check your order carefully and correct any errors before you submit it to us. By clicking “Place Order” you are committing to pay for your order, this includes any related delivery and or other charges relating to your order.
4.3 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these terms.
4.4 Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms. We will send you a shipping confirmation email to let you know once your order has been dispatched (“the Contract”).
4.5 If we do not accept your order, for example because we have been unable to pre-authorise the payment, the products are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the products, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.

5. Availability

All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law (not exhaustive), we may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.

6. Making changes to your order

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

7. Product descriptions

7.1 Descriptions of our products are set out on our Site.
7.2 Please read the product description carefully. Pictures and images of the products or their packaging on our Site are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images.
7.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on our Site may vary depending on what device you are using and your settings.
7.4 Any and all weights, sizes and measurements set out on our Site are as accurate as possible. However, an item description and/or specification may be subject to change from time to time by the manufacturer, upon which we have no control. We will attempt to offer you a suitable alternative should this Clause 7.4 apply.

8. Use restrictions

8.1 If you are a consumer, you must use our products only for domestic and personal use. You must not use our products for commercial, business or resale purposes.
8.2 If you are a business customer, you must use our products only for internal business purposes. You must not use our products for resale purposes.

9. Prices

9.1 Prices for our products are set out on our Site. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. Delivery charges will be available to you when you place your order. Prices for our products and delivery charges may change at any time. Except as set out in clause 9.3 below, such changes will not affect existing orders.
9.2 If there has been an error on the Site regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

10. Payment

10.1 We accept the following credit cards and debit cards: VISA, Mastercard, and American Express. You can also pay by PayPal, and TWINT. All credit card and debit card payments need to be authorised by the relevant card issuer. We are not responsible if the payment is refused, including if your card issuer declines to authorise payment for any reason. We are also not responsible for any online handling fee or processing fee that your card issuer may charge you. We do not accept cash or cheques.
10.2 We may also need to use extra security steps via:
10.2.1 Verified by Visa: https://www.visa.co.uk/pay-with-visa/featured-technologies/verified-by-visa.html;
10.2.2 Mastercard®SecureCodeTM: https://sea.mastercard.com/en-region-sea/consumers/payment-technologies/safety-and-security/securecode.html; or
10.2.3 American Express SafeKey: https://www.americanexpress.com/uk/security/safekey/index.html.
10.3 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, these Terms 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.
10.4 We will take payment from your card when you place your order and prior to dispatch. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
10.5 If your payment is not received by us and you have already received the goods, you must:
10.5.1 pay for such goods as soon as possible and in any case within 7 days; or
10.5.2 return them to us as soon as possible and in any case within 7 days using tracked (signed for) delivery. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us. You must also notify us of the goods you will return by emailing us at trustpayments@ukprgroup.com.
10.6 If you do not pay for the goods and fail to return them in accordance with clause 10.4, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

11. Delivery dates and costs

11.1 You will be given available delivery options to choose from when you place your order. Items offered on shop.trustpayments.com are only available for delivery to the United Kingdom mainland, Northern Ireland, Isle of Wight, the Isle of Man and the Scottish Highlands. We do not deliver to any address outside of the UK mainland.
11.2 We will aim to deliver your order within 7 days of the shipping confirmation email unless otherwise agreed between you and us.
11.3 If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).

12. Delivery

12.1 We will deliver your order to the address specified by you when you placed your order.
12.2 We do not deliver on Saturdays, Sundays or Bank Holidays (UK).
12.3 If no one is available to take delivery, we will post an attempted delivery notification through your letterbox with information on how to re-arrange delivery. If a further delivery attempt is unsuccessful we will notify you by email, cancel your order and refund you the price of the products (but not the delivery charge).
12.4 Please examine the products upon delivery and notify us, within 24 hours of delivery, of any damage during transit. .
12.5 Once your order has been delivered to your address the risk in the products passes to you. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products only passes to you once you have paid for them in full.

13. Consumer cancellation rights

This clause 13 only applies to you if you are a consumer.
13.1 You have 14 days from the delivery date to change your mind and cancel your order.
13.2 If you wish to cancel your order, you must email us at trustpayments@ukprgroup.com quoting your order number in the email you send to us.
13.3 If you have already received your order, you must return the products to us within 14 days of telling us that you want to cancel your order by signed for and tracked delivery. The deadline is met if you send the products back to us before the 14-day period has expired. We strongly recommend that you get proof of postage. We may withhold any refund that may be due until we have received the products back from you or until you have provided us with evidence that you have sent the products back (whichever is earlier).
13.4 Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession.
13.5 Unless your products are faulty or misdescribed, you are responsible for the cost of returning the products to us. For information on how to return your products to us, please email trustpayments@ukprgroup.com.
13.6 We will provide you with a full refund (including basic delivery charges) as soon as possible. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than 14 days after the day we receive the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back.
13.7 We will issue your refund to the same payment method you used when you placed your order.

14. Faulty products – consumers

This clause 14 only applies to you if you are a consumer.
14.1 The products that we provide to you must be as described, fit for purpose and of satisfactory quality which are normal in items of the same type and which can reasonably be expected. We are under a legal duty to supply products that are in conformity with our Contract with you. However, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials provided on this Site are provided “as is” and without warranties whether express, implied or otherwise, and howsoever arising.
14.2 For detailed information on your rights visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
14.3 If your products are faulty, please contact us as soon as reasonably possible.

15. Faulty products – business customers

This clause 15 only applies to you if you are a business customer.
15.1 Where the products on our Site have been manufactured and supplied to us by a third party, and are found to be defective, as your sole and exclusive remedy, we will (at our option) replace or refund the defective product(s), provided that:
15.1.1 you notify us by email to trustpayments@ukprgroup.com within 24 hours of delivery in the case of defects discoverable by a physical inspection, or in the case of latent defects, within 14 days from the date on which you became aware (or should reasonably have become aware) of the defect;
15.1.2 you provide us with sufficient information as to the nature and extent of the defects (including detailed photographs showing the defect);
15.1.3 you give us a reasonable opportunity to examine the defective products; and
15.1.4 you return the defective products to us at your expense.
15.2 Except as set out in this clause 15, we give no warranties and make no representations in relation to the products, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

16. Events beyond our control

We are not liable or responsible to you if we fail to comply with these terms because of circumstances beyond our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, in particular (without limitation) the following:
16.1.1 Strikes, lock-outs or other industrial action.
16.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of law.
16.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
16.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.1.5 Impossibility of the use of public or private telecommunications networks.
16.1.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.1.7 Any shipping, postal or other relevant transport strike, failure or accidents.
16.2 Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration for that period. We will use our reasonable endeavours to bring the event outside our control to a close, or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

17. Our liability to consumers

This clause 17 only applies to you if you are a consumer.
17.1 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

18. Our liability to business customers

This clause 18 only applies to you if you are a business customer.
18.1 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
18.1.1 consequential, indirect or special losses; or
18.1.2 any of the following (whether direct or indirect):
(a) loss of profit and/or loss of business;
(b) loss of opportunity;
(c) business interruption;
(d) loss of savings, discount or rebate (whether actual or anticipated); or
(e) harm to reputation or loss of goodwill.
18.2 Nothing in these terms will limit or exclude our liability for:
18.2.1 death or personal injury caused by negligence;
18.2.2 fraud or fraudulent misrepresentation; or
18.2.3 any other losses which cannot be excluded or limited by law.

19. Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://shop.trustpayments.com/privacy-policy/ which explains what information we collect and hold about you, and how we collect, store, use and share such information, and our Cookie Policy which can be found at https://www.trustpayments.com/cookie-policy/. You agree that your personal data may be retained, used and disclosed by us for the purpose of complying with our obligations under these terms including, but not limited to, administering any order placed by you on our Site and complying with any legal obligations.

20. Using the site

20.1 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
20.2 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
20.3 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page.

21 You agree that your use of the Service is on an ‘as is’ and ‘as available’ basis and at your sole risk. We do not guarantee the uptime of the Website. There may be times (scheduled or un-scheduled) where the website is ‘not usable’ due to either but not limited to, maintenance. Without notice, Trust Payments have the right to modify, suspend or delete parts of the website. You agree that we will not be liable to you or to any third party for any such unavailability, modification, suspension or withdrawal.
21.1 As a condition of your use of the Site, you agree to comply with our Terms of Use available at https://www.trustpayments.com/legal-terms-of-use/ and further undertake:
21.1.1 to use the Site exclusively to make legitimate enquiries or orders.
21.1.2 to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy).
21.1.3 not to make speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
21.1.4 not to misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack)
21.1.5 not to 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.
21.1.6 not to do anything which brings, or would be likely to bring Trust Payments (UK) Ltd or any of its Affiliates into disrepute. “Affiliate” means in relation to a party, that party and any subsidiary or holding company or anybody corporate with an immediate or ultimate holding company in common with that party where “subsidiary” and “holding company” will have the meaning as set out in Section 1159 of the Companies Act 2006.
21.2 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.

22. Registration and password security

22.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site.
22.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
22.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
22.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
22.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at https://shop.trustpayments.com/privacy-policy/.

23. Infringing content

23.1 We will use reasonable efforts to:
23.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
23.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Terms of Use policy that can be found here: https://www.trustpayments.com/legal-terms-of-use/.
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

24. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://shop.trustpayments.com/privacy-policy/, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

25. Ownership, use and intellectual property rights

25.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
25.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit. You acknowledge and agree that you do not acquire any ownership or licensee rights by using the Site for any purpose.
25.3 Nothing in these Terms grants you any legal rights in the Site or the Content. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
25.4 Trade marks our trade marks and trade names including the trade marks and trade names of third parties may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited.

26. Submitting information to the site

26.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
26.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

27. Accuracy of information and availability of the site

27.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
27.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
27.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
27.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

28. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

29. Further Limitation on our liability

29.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
29.1.1 losses that were not foreseeable to you and us when these Terms were formed;
29.1.2 losses that were not caused by any breach on our part;
29.1.3 business losses;
29.1.4 losses to non-consumers; and
29.1.5 loss or damage from any denial-of-service-attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from use of the Site or from downloading of the contents thereof or of such content(s) to which this Site redirects.
29.2 Due to the open nature of this Site and the potential for errors in storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Site unless expressly set out on this Site and/or in these Terms.

30. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

31. No third party rights

No one other than us or you has any right to enforce any of these terms.

32. Feedback

32.1 We welcome your comments and feedback. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible at support@trustpayments.com.

33 If you are a consumer and your complaint cannot be resolved or you are unhappy with the outcome, please let us know. Trust Payments (UK) Ltd does not subscribe to any ADR provider. However, if you remain unhappy with any final resolution, you may want to submit your complaint to the Centre for Effective Dispute Resolution, 70 Fleet Street, London EC4Y 1EU. Telephone: 0207 520 3800. More information on ADR can be found on the Charted Trading Standards Institute (CTSI) website. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that such communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communication that we provide to you electronically comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.

34. Notices

All notices given to you by us should be given to us by email at support@trustpayments.com or trustpayments@ukprgroup.com. Subject to and as otherwise specified in Clause 33, 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 Site, 24 hours after an e-mail is sent, or two days after the date of the 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.

35. Governing law and jurisdiction

35.1 If you are a consumer, the laws of England apply to these terms, although if you are resident elsewhere in the UK you will retain the benefit of any mandatory protections given to you by the laws of the region of the UK in which you live. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of the part of the UK in which you live.
35.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

36. General terms

36.1 The Contract and these Terms between you and us is binding on you and us and on our respective successors and assigns. You are not allowed to transfer, assign, charge or otherwise dispose of the Contract or these Terms, or any of your rights or obligations arising under it to anyone. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract or these Terms, or any of our rights or obligations arising under it at any time, including to another business without your consent. We will, however, endeavour to ensure that your rights are not adversely affected as a result.
36.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision (or part of any provision) of these terms will continue to be valid to the fullest extent permitted by law.
36.3 If you breach and/or fail to perform any of your obligations under the Contract or any of these Terms, and we take no action/ fail to exercise our rights or remedies to which we are entitled under the Contract and/or Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and we will still be entitled to use our rights and remedies in any situation, including our right to receive any money which you owe to us under the Contract and these Terms. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 34.
36.4 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.