Terms & Conditions
Oastbrook Estates Terms and Conditions
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession) in which case please refer to our Consumer Terms and Conditions
Otherwise you are considered a Business and you should refer to our Business terms and Conditions
Consumer Terms and Conditions
These Terms set out the basis on which we Oastbrook Estates Limited will sell Products (as defined below) to you (the person placing the Order) acting as a Consumer. These Terms apply to Orders placed via our website www.oastbrook.com, Orders placed by email and to telephone Orders. These Terms are intended to apply to sales to consumers. If you are acting in a business capacity, please contact us to discuss your requirements.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Products: means the wine, sparkling wine, spirits, gifts, merchandise, that we are selling to you as set out in your Order;
1.1.2 Services: means vineyard tours, tastings and events that we are selling to you in your Order
1.1.3 Order: means your order for the Products or Services which is submitted by you via our Website, by email or by way of a telephone Order; and
1.1.4 Terms: means the terms and conditions set out in this document; and
1.1.5 Website: means our website at www.oastbrook.com.
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
1.3 Consumer: means a Consumer as defined under the Consumer Right Act 2015
2 TERMS AND CONDITIONS
2.1 Please take time to read these Terms carefully as they affect your rights and liabilities under law. By placing any Order, you agree to be bound by these Terms.
3 OUR CONTRACT WITH YOU
3.1 When you submit an Order to us, this does not mean that we have accepted your Order. Our acceptance of your Order will take place as described in clause 3.2. If we are unable to supply you with the Product for example if the Product is out of stock, we will inform you of this and will not process the Order.
3.2 These Terms will become binding on you and us when we issue you with a written acceptance of an Order or, if earlier, we start processing your Order, at which point a contract will come into existence between you and us.
3.3 We will assign an order number to the Order and inform you when we confirm the Order. Please quote the Order number in all subsequent correspondence with us relating to the Order.
3.4 We aim to show products on our website as accurately as possible, but they are for illustrative purposes only and so the Products you receive may look different. If there is anything unclear, or if you wish to obtain further information, please Contact Us.
4 CHANGES TO YOUR ORDER
4.1 Once placed orders cannot be amended by you
5 DELIVERY OF THE PRODUCTS
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands. Unfortunately orders for delivery overseas cannot be placed online. If you would like to place an order to be delivered to a non-UK mainland address please email email@example.com with your order requirements and delivery address, the sales team will come back to you with delivery charges and timings. Delivery charges will be confirmed during the checkout process if you order online or prior to your Order being processed if you place a telephone or email Order.
5.2 Our couriers normally deliver Monday to Friday, between 8.30am and 5.30pm. If you are not present at the delivery address and have not provided us with alternative delivery instructions when placing your Order the courier will leave a note to inform you that delivery has been attempted and the Products have been returned to our depot. If the Products are returned to our depot, we will endeavour to deliver the Products to you again, but if you are not present at the delivery address for a second time we reserve the right to have the Products returned to us and, in the event you contact us to request us to attempt delivery another time, to charge you additional delivery charges. Our delivery times are usually 3-5 working days from the date your Order has been placed (excluding weekends and bank holidays). At busy periods despatch and delivery may take longer than 3-5 working days but in any event will be within 30 days of your Order.
5.3 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery charges for this.
5.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
5.5 You own the Products once we have received payment in full and they have been delivered to you.
6 RETURN OF DAMAGED OR MIS-DESCRIBED PRODUCTS
6.1 When your Products are delivered please check the delivery carefully to ensure it is complete and no Products are damaged. In the event that your Order is visibly damaged, do not accept the Order and please return the Products to the courier.
6.2 If you have accepted the Product(s) and subsequently discover that they are damaged / misdescribed or Products are missing please Contact Us immediately,
6.3 If you receive Products which are damages, misdescribed or missing, you may be entitled to a refund, price reduction or replacement. Where a replacement is not possible e.g. because the Product is no longer available then a refund will be offered.
6.3 Please note that for our third party courier company to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, we ask that you inform us as soon as possible following delivery of the Product(s) if there has been any damage.
6.4 If you have any problems with your purchase, we can offer help and assistance. Please Contact Us.
6.5 Your rights under UK or your national consumer legislation are not affected by these Terms.
Please remember that our Products are agricultural and stocks run out from time to time and therefore are subject to availability. If for any reason we are unable to supply a particular Product we will notify you and offer a similar Product as a replacement. If you do not wish to accept a replacement Product, you may cancel your Order. Deliveries to Northern Ireland may attract a higher tariff due to post-Brexit restrictions.
If you have booked a tour and/or or wine tasting event and you wish to cancel or re-arrange your session then please contact us. If you notify us more than twenty eight (28) days prior to your event date then we will offer to re-arrange your session or offer a refund for the ticket price. If you notify us within twenty eight (28) days prior to your event date then we will try to accommodate your request. However, this will be subject to the availability of alternative dates and we may deduct from your refund. If you have booked a ticket for a tour or wine tasting event and you do not arrive for your scheduled booking, then the tickets cannot be exchanged or refunded, unless at our discretion. Any request for a refund or transfer must be made in writing, directed to firstname.lastname@example.org. If we cancel your booking in its entirety, you will be entitled to a full refund for the purchase price. Tickets will be exchanged or refunded at the price paid for them, but no further compensation will be paid.
You are purchasing product(s) that are deemed non-returnable, unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered. In these circumstances you can return them (where requested) and receive replacement goods or receive a refund from us. Please note once you have paid for your order, it cannot be amended, changed or cancelled.
You must, where requested, return defective products to us within 14 days after the day of notifying us, in the same condition in which you receive them. If you have not returned the Product(s) within 14 days of cancellation or provided photographic evidence of the damaged goods when requested by us to do so, whichever occurs first you will forfeit your right to a refund. Should you item be returned to us due to non delivery your order can be refunded (minus the delivery charge) or we can re-deliver, however you will need to pay a redelivery charge.
You must ensure that you take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled. All refunds will be made by us within a reasonable time from the receipt by us of the Product(s). Where you paid for the Product(s) by a credit or debit card, refunds will be made by re-crediting your bank account from which the money was originally debited.
10 OUR CANCELLATION RIGHTS
10.1 We reserve the right to cancel any Order for any reason by informing you in writing. If your Order is cancelled we will contact you to let you know and will refund any money you have paid us in respect of the Order.
11 OUR LIABILITY TO YOU
11.1 Subject to clause 11.2, if we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence for both of us at the time you make the Order. Our liability shall not include business losses such as loss of profits, loss of business or business interruption. In any event, our liability to you shall be limited to the value of the Order.
11.2 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for any other liability it is unlawful to exclude or limit.
11.3 Given the nature of the Products please do remember that their maturation is a variable process and some Products may no longer be at their peak at their time of consumption. Should this be the case, it will not amount to a breach of warranty.
11.4 Other than as stated elsewhere in these Terms, all warranties, conditions and terms expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect of the Products are hereby excluded to the fullest extent permitted by law. Nothing in these Terms shall affect your statutory rights as a consumer.
12 AGE RESTRICTION
12.1 By placing an Order you confirm you are of at least 18 years old.
12.2 To comply with the law, we can only deliver wine and other alcohol purchases from us to persons over 18 years old. Upon delivery, we may require you to sign for your Order to confirm your age. We operate a “Challenge 25” policy which means that, even if you are over 18 years old but look under 25 years old, you should expect to be asked for some proof of age at the point of delivery.
12.3 Deliveries to your address are fulfilled by a 3rd party courier. If, upon delivery, there is no one at the delivery address to receive your Order or if the third party reasonably suspects the signee is under 18 years old we will not be able to leave the Products.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any circumstances beyond our reasonable control although we will take reasonable steps to minimise the impact of any such circumstances. And to the extent that such circumstances do occur and continue for a period of more than 28 days either of us may cancel the Order by giving the other notice in writing.
14 OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
14.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5 These Terms are governed by English law. If you live in England, you agree to submit to the exclusive jurisdiction of the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
15 INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are Oastbrook Estates Limited, Company registration Number 11054884 and VAT number 305970893
15.2 If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at email@example.com
Terms and Conditions Updated April 2023
Business Terms and Conditions
1 All orders for the supply of goods by Oastbrook Estates Limited to any person or entity that is not a consumer as defined under the Consumer Right Act of 2015 are made subject to these Terms and Conditions of supply. Any provision contained in the Purchaser’s contractual documentation which conflicts with these Terms and Conditions or would in any way moderate, qualify or nullify these Terms and Conditions are inapplicable to Oastbrook Estates Limited unless the specific provision has been expressly agreed in writing by a partner of Oastbrook Estates Limited. No other employee or agent has any authority to alter or qualify these conditions.
2 ACCEPTANCE AND CANCELLATION
2.1 Subject to the following, a purchaser may purchase any goods directly from Oastbrook Estates Limited at Oastbrook Estates Limited’s premises.
2.2 Alternatively, a purchaser may also request a quotation and/or place an order over the telephone or via the website (in which case, Oastbrook Estates Limited’s website Terms and Conditions will apply).
2.3 Oastbrook Estates Limited may withdraw any quotation at any time without notice and without providing a reason. Furthermore, Oastbrook Estates Limited may refuse to supply a quotation at any time without providing a reason.
2.4 Unless withdrawn by Oastbrook Estates Limited, all quotations are open for 30 days from the date of the quotation. A contract to supply goods is formed only when Oastbrook Estates Limited accepts the Purchasers offer to buy by providing an Acknowledgement of Order Form.
2.5 Oastbrook Estates Limited reserves the right to cancel any uncompleted order or suspend delivery in the event that the Purchaser fails to perform his contractual obligations to Oastbrook Estates Limited.
3 PRICE AND PAYMENT
3.1 All prices quoted in Oastbrook Estates Limited’s literature are subject to withdrawal or alteration without notice. Prices are quoted in pounds sterling.
3.2 If the Purchaser is purchasing goods directly at Oastbrook Estates Limited’s premises, payment is due and payable at the time of placing the order.
3.3 All prices are quoted inclusive of VAT and other applicable taxes relating to the sale and delivery of goods unless otherwise specified.
3.4 Delivery charges are not included in the quoted price of a case or a bottle, and may give rise to an additional charge.
3.5 Unless otherwise expressly agreed in writing by a director of Oastbrook Estates Limited, payment shall be made within 14 days of the date of the invoice. Oastbrook Estates Limited reserves the right to require payment in full prior to the dispatch of the goods.
3.6 If the Purchaser’s Order is to be dispatched in installments, payment for each bottle or case of wine will be invoiced separately at the point of dispatch.
3.7 Oastbrook Estates Limited reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1988.
3.8 Time for payment shall be of the essence.
3.9 No payment shall be deemed to have been received until Oastbrook Estates Limited has received cleared funds.
3.10 The Purchaser shall make all payments due under an Order without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise, unless the Purchaser has a valid Court Order requiring Oastbrook Estates Limited to pay to the Purchaser an amount equal to the deduction.
4.1 A purchaser may not cancel an order for whatever reason but Oastbrook Estate may at its discretion consider orders for cancellation.
4.2 In order to request to cancel an Order, the Purchaser must contact Oastbrook Estates Limited in writing (including by email) or by telephone.
4.3 Once Oastbrook Estates Limited has been notified of a cancellation prior to the dispatch of the goods, Oastbrook Estates Limited may at its discretion reimburse the price of the goods, if payment has already been made.
4.4 If the Purchaser wishes to cancel an Order after the goods have been dispatched, then the goods must be returned to Oastbrook Estates Limited in the same condition that they were dispatched. On receipt of the goods, Oastbrook Estates Limited will reimburse any payment already received
4.5 If the purchaser cancels an Order but fails to return the goods to Oastbrook Estates Limited within 14 days of the notice of cancellation, the Purchaser will be deemed to have accepted the goods and will be obliged to make payment to Oastbrook Estates Limited and will not be entitled to reimbursement.
5.1 The Delivery Charge shall be set out on the quotation and the Acknowledgement of Order and shall be part of the total price quoted to the Purchaser, except where the Purchaser is placing an Order at Oastbrook Estates Limited’s premises and has agreed to take the goods away at that time.
5.2 Oastbrook Estates Limited will deliver the goods to UK mainland postal addresses. Delivery will be made to the address specified by the Purchaser at the time of placing the order. Oastbrook Estates Limited reserves the right to make delivery in installments, but if Oastbrook Estates Limited elects to do this, there will only be a single delivery charge.
5.3 Delivery will normally take place within 10 working days of the date of the Acknowledgement of Order. Oastbrook Estates Limited will make every reasonable effort to deliver the goods within 10 working days, and unless it is otherwise agreed in writing, the Purchaser shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused. Nor shall the Purchaser be entitled to claim damages or compensation for delayed delivery. In the event that Oastbrook Estates Limited is not able to make delivery within 10 working days, Oastbrook Estates Limited will contact the Purchaser and keep him updated.
5.4 If the Purchase is not available to take delivery, Oastbrook Estates Limited’s delivery agents will leave the goods in a safe place, provided that the Purchaser has provided instruction to Oastbrook Estates Limited at the time of placing the order. Alternatively, Oastbrook Estates Limited’s delivery agents will leave a card requesting the Purchaser to arrange a more convenient delivery time.
5.5 All goods must be signed for on delivery by an adult (aged 18 years or over). If no-one of that age is at the address when the delivery is attempted, the goods may be retained by Oastbrook Estates Limited’s delivery agent. In that event, the delivery agent will leave notification of attempted delivery and will telephone to re-arrange delivery. If Oastbrook Estates Limited has to re-deliver the goods then the Purchase may incur a further delivery charge which is immediately due and payable by the Purchaser to Oastbrook Estates Limited.
5.6 Oastbrook Estates Limited may use any method of transport for delivery.
5.7 A clear receipt for the goods shall be sufficient evidence that the goods have been delivered in satisfactory condition.
6.1 Unless the Purchaser has collected the goods and where some or all of the goods are broken on delivery, or defective in any way, the Purchaser must notify Oastbrook Estates Limited within 48 hours of the delivery date. The Purchaser may choose either to return the whole case or just the affected bottles for replacement or refund.
6.2 Any goods returned to Oastbrook Estates Limited must be in its original packaging.
7 TITLE AND RISK
7.1 From the time of delivery, the goods are at the risk of the Purchaser unless the Purchase collects the goods in which case risk is assumed by the Purchaser prior to loading.
7.2 If for any reason the Purchaser will not accept delivery of any of the goods when they are ready for delivery, or if Oastbrook Estates Limited in unable to deliver the goods on time because the Purchaser has not provided satisfactory instructions for delivery
(1) The goods will be deemed to have been delivered on the delivery date
specified in the quotation or the Acknowledgement of Order form;
(2) The risk in the goods shall pass to the Purchaser at that time and
(3) Oastbrook Estates Limited may store the goods until delivery and the Purchaser will be liable for all related additional costs and expenses, including but not limited to reasonable storage and insurance charges.
7.3 – Title and property in the goods, including full legal and beneficial ownership, shall not pass to the Purchaser until Oastbrook Estates Limited has received in full(in cash or cleared funds) all sums due it it in respect of
(1) The goods; and
(2) All other sums which are or which become due to Oastbrook Estates Limited from the Purchaser on any account or order; and
(3) All interest that has become payable in respect of the goods or on any other sums which are or which due under any other account or order.
7.4 – Until ownership and title of goods has passed to the Purchaser, the Purchaser
(1) Holds the goods as Oastbrook Estates Limited’s bailee;
(2) Must store the goods, at no cost to Oastbrook Estates Limited, in such a way that they remain readily identifiable as Oastbrook Estates Limited’s property;
(3) Maintain the goods in satisfactory condition and keep them insured on
Oastbrook Estates Limited’s behalf for their full price against all risks; and
(4) Hold the proceeds of insurance on trust for Oastbrook Estates Limited and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. Any monies received by Oastbrook Estates Limited in accordance with this provision shall not extinguish the Purchaser’s liability to pay the purchase price for the goods plus any interest due, but may be set off in diminution of such liability.
7.5 The Purchaser may resell the goods before ownership has passed to it and pass good title solely on the following conditions
(1). Any sale shall be made in the ordinary course of the Purchaser’s business at full market value; and
(2) Any such sale shall be a sale of Oastbrook Estates Limited’s property on the Purchaser’s own behalf and the Purchaser shall deal as principal when making
such a sale.
7.6 The Purchaser’s right to possession of the goods shall terminate immediately
(1) The Purchaser has a bankruptcy order made against him or makes an arrangement or agreement with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed over all of its assets or undertakings or any part of the assets or undertakings, or a resolution is passed or a petition presented to any court for the winding up of the Purchaser or for the granting of an administration order in respect of the Purchaser, or the Purchaser proposes any of the above;
(2) The Purchaser ceases or threatens to cease trading; and
(3) The Purchaser encumbers or in any way charges any of the goods.
7.7 Oastbrook Estates Limited shall be entitled to recover payment for the goods notwithstanding that ownership of the goods has not passed from Oastbrook Estates Limited.
7.8 The Purchaser grants Oastbrook Estates Limited, its agents and employees an irrevocable license at any time to enter the premises where the goods are or may be stored in order to inspect them, or, where the Purchaser’s right to possession has terminated, to recover the goods.
8.1 Oastbrook Estates Limited warrants that the goods will be of satisfactory quality and fit for purpose when dispatched for delivery to the Purchaser.
9 LIMITATION OF LIABILITY
9.1 Any of the goods which the Purchaser claims to be defective, such notification and photographic evidence to be in writing to Oastbrook Estates Limited within 48 hours of delivery, will be replaced or – at Oastbrook Estates Limited’s option – the price of the defective goods will be reimbursed to the Purchaser and Oastbrook Estates Limited will pay the expenses of such return.
9.2 Oastbrook Estates Limited will not be liable for a breach of the warranty in clause 8 if
(1) After giving notice that the goods are defective, the Purchaser makes any further use of such goods; or
(2) The defect arises because the Purchaser failed to follow Oastbrook Estates Limited written instructions as to the storage, transport, handling or use of the goods; or
(3) The Purchaser caused the defect during the handling of the goods.
9.3 All other warranties, conditions and other terms implied by Statute or Common Law are – to the fullest extent permissible by law – excluded from the contract between Oastbrook Estates Limited and the Purchaser.
9.4 Except where the liability of Oastbrook Estates Limited is for death or personal injury caused by any negligence or fraudulent misrepresentation, the limit of liability shall no more than the value of the goods sold in any individual delivery.
9.5 Save as aforesaid, Oastbrook Estates Limited’s liability in contract, tort, breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract of sale shall be limited to the total sale price.
9.6 Notwithstanding anything contained in this contract of sale, Oastbrook Estates Limited shall not be liable for any indirect, special or consequential loss or damage suffered or incurred by the Purchaser arising out of the contract of sale. For the avoidance of doubt, indirect, special or consequential loss includes, but is not limited to, loss of profit, loss of interest, loss of business, loss of goodwill, loss of revenue, loss of anticipated savings and any liability incurred for loss and damage suffered by a third party.
9.7 The Purchaser shall indemnify Oastbrook Estates Limited in respect of all actions, claims, demands and expenses related to damage, injury or loss occurring to any person or property and which has arisen from the condition or use of the goods or of any of the property referred to to the extent that such damage, injury or loss shall have been occasioned partly or wholly by the act, omission, negligence or willful default of the customer, its servants or agents or by any breach by the customer of its obligations to the company under these conditions.
10 AGE RESTRICTIONS
10.1 It is illegal to sell wine to anyone who is under 18 years of age. Oastbrook Estates Limited reserves the right to refuse to accept any offer from any person who is, or is suspected to be, under 18 years old.
10.2 Oastbrook Estates Limited will not permit any order to be transferred from the original customer to another person who is, or is suspected to be under 18 years old, in order to avoid the age restrictions imposed by law.
10.3 By placing an order the Purchaser is confirming that they are at least 18 years old.
10.4 If Oastbrook Estates Limited’s delivery agents are in any doubt about the age of the recipient on delivery, they will request some form of identification including proof of age. If the person receiving the goods is unable to produce satisfactory identification, Oastbrook Estates Limited’s delivery agents will not be
able to deliver the goods.
11 FORCE MAJEURE
11.1 Oastbrook Estates Limited reserves the right to defer the date of delivery or to cancel the order or reduce the volume of the goods ordered if it is prevented from or delayed in the carrying out of its business due to circumstances beyond Oastbrook Estates Limited’s reasonable control including but not limited to acts of God, governmental action, war, national emergency, acts of terrorism, protest, riot, civil disorder, fire, explosion, flood, epidemic and/or labour disputes (whether or not relating to the Purchaser’s workforce).
11.2 If as a result of the circumstances set out in clause 11.1 Oastbrook Estates Limited is prevented or delayed in delivering all or part of the goods, Oastbrook Estates Limited will fairly apportion amongst all of its contracted customers the quantity of goods available to it. Where Oastbrook Estates Limited’s obligations to supply have been suspended, normal supply will resume as soon as reasonably practicable after the removal of the cause of the suspension. In the event that the cause of suspended operations last more than 2 months, either party may terminate the contract of sale on 5 days working notice.
12.1 Any waiver by Oastbrook Estates Limited of a right or default under these Terms and Conditions shall not be deemed a waiver of any subsequent right or default whether of a similar nature or otherwise.
13.1 No amendment or variation of these Terms and Conditions shall be effective unless in writing and signed by a Director of Oastbrook Estates Limited.
14.1 If any provision in these Terms and Conditions is found by any Court, Tribunal or Administrative body of competent jurisdiction to by wholly or partly illegal, invalid, void or voidable, unenforceable or unreasonable, it shall be – to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be severable and the remaining provisions shall continue in full force and effect.
15 THIRD PARTY RIGHTS
15.1 Nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether referred to by name, class, description or otherwise) or any right to enforce a term or condition.
16 ENTIRE AGREEMENT
16.1 These Terms and Conditions constitute the entire understanding between the parties in respect of the subject matter.
17 LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
The following terms shall mean:
18.1 ‘Oastbrook Estates Limited’ means Oastbrook Estates Limited, Junction Road, Robertsbridge, East Sussex TN32 5XA.
18.2 ‘the Purchaser’ means any person, firm, company or organisation from whom or from which Oastbrook Estates Limited accepts an order to supply goods;
18.3 ‘goods’ means any goods which are the subject-matter of Purchase Order as set out on the face of the Purchase Order;
18.4 the ‘Order’ means the order placed by the Purchaser on Oastbrook Estates Limited;
18.5 the ‘Acknowledgement of Order Form’ means Oastbrook Estates Limited’s written acknowledgement of the Purchaser’s Order incorporating these Terms and Conditions.
18.6 ‘working day’ is 0900 to 1700 Monday to Friday, excluding bank holidays and public holidays.