1. THESE TERMS
These are the terms and conditions on which we supply products to you, namely goods (as detailed on our website) which include Liberty Gift Cards and Liberty Gift Coins (the “Products”).
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Liberty Limited, a company registered in England and Wales with company registration number is 03967671, having our registered office is at Regent Street, London W1B 5AH United Kingdom. Our registered VAT number is GB 788 6688 37
Contact us via our Customer Services team. Our Customer Services team are available during store opening hours:
- Monday to Friday: 8am – 8pm; and
- Saturday: 9am - 8pm; and
- Sunday: 11.30am – 6pm.
You can contact us by:
- Visiting us during store opening hours at the Service Suite on the second floor of our store (detailed above) for general enquiries
- Telephoning us during store opening hours (detailed above) on +44 (0)20 7734 1234
- By post by writing to us on Customer Services, Liberty London, Regent Street, London W1B 5AH
- By emailing us at firstname.lastname@example.org
Our Customer Services team will endeavour to respond to your email within 48 hours of receipt (excluding weekends or days that are bank holidays in England).
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
Any reference to “working days” in the terms means any day which is not a weekend or a bank holiday in England.
3. OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the “Contract”).
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
We will assign an order number to your order and tell you what it is when we accept your order. Please tell us the order number whenever you contact us about your order.
4. OUR RIGHTS TO MAKE CHANGES
Products may vary slightly from their pictures. The images and packaging of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products.
We may change the Product:
- To reflect changes in relevant laws and regulatory requirements
- To implement minor technical adjustments and improvements
These changes will not affect your use of the Product.
In addition, we may make other changes to the Product, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
5. DELIVERY AND COLLECTION
Please refer to our delivery section for full details of delivery options
Notwithstanding the different delivery options that are available to select, the dates stated are estimates only. Subject to clause 5.9, we will deliver all Products within 30 days after we accept your order.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
If no one is available at your address to take and sign for the delivery, we will leave you a card informing you of how to rearrange delivery at a suitable time. Cards can only be left where there is access to secure post boxes, therefore some deliveries to apartment buildings and shared accommodation will not receive delivery cards as a matter of security.
We are unable to redirect orders once they have been dispatched. If delivery proves impossible or impractical on 2 or more occasions we may need to cancel your order and deduct the original delivery charges from the refund; however we will try to contact you in this case to arrange for a new order to be placed.
If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 8.2 will apply.
A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us using one of the services provided for above. You own a Product once we have received payment in full.
We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the ordering process. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the correct information.
We may have to suspend the supply of a Product to:
- Deal with technical problems or make minor technical changes.
- Update the Product to reflect changes in relevant laws and regulatory requirements.
- Make changes to the Product as requested by you or notified by us to you (see clause 4.3).
We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we suspend the supply of a Product, or tell you we are going to suspend the supply of a Product, for a period of more than 30 days, you may contact us to end the Contract and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
If you do not pay us for the Products when you are supposed to (see clause 10) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 10.6).
Products excluded from international delivery
Unfortunately we are unable to ship alcohol outside of the UK
6. YOUR RIGHTS TO END THE CONTRACT
Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
- If what you have bought is faulty, damaged or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 9
- If you want to end the Contract because of something we have done or have told you we are going to do, see clause 6.2.1
- If you have just changed your mind about the Product in accordance with clause 6.3, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products; or
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.5.
If you are ending a Contract for a reason set out at 6.2.1 to 6.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- We have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 4.3).
- We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed.
- There is a risk that supply of the Products may be significantly delayed because of events outside our control.
- We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days in accordance with clause 5.16.
- You have a legal right to end the Contract because of something we have done wrong.
For most Products bought online you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the Products and receive a refund.
You do not have a right to change your mind in respect of: (i) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; (ii) Products that are made to your specifications or are personalised; (iii) Perishable goods or (iv) gift card, gift coins and loyalty vouchers (as summarised in clauses 12 to 14).
Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.
7. HOW TO END THE CONTRACT WITH US
To end the Contract with us before your order has been despatched, please let us know by doing one of the following:
- Call customer services on +44 (0)20 7734 1234; or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. If contacting us by email, please return the confirmation email also.
- Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
In all cases you may complete the model cancellation form appended to these terms, but you are not obliged to do so.
If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to where you bought them or by using one of the return methods detailed below. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
When returning an order in the UK, please follow the steps written on the dispatch note received with the delivery and return using one of the methods detailed below at clauses 7.4 – 7.8.
UK – Free Returns by DHL: for returns by DHL, no charge will apply to you. The original card holder who purchased the Products will be credited for the refund
UK – Returns by Post: the original card holder who purchased the Products will be credited for the refund. In order to use this method, take your sealed box or bag to a Post Office or courier company and send it to the following address and retaining proof of postage:
Returns at Liberty Online,
William Nadin Way,
Online Order Returns to Store: Products can be returned in-store at the Liberty Service Suite on the 2nd floor. To return online purchases to the store, we require the Products to be in their original condition and accompanied by an email order confirmation or online despatch note. Without an email order confirmation or online despatch note, we cannot allow for the Products to be returned.
International Returns (outside of the UK): Products delivered internationally may be returned by the customer using any secure means (which may include their local postal service or DHL.) The original card holder who purchased the Products will be credited for the refund.
We will pay the costs of return:
- If the Products are faulty, damaged or misdescribed.
- If you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- In all other circumstances (including where you are exercising your right to change your mind under clause 6.3) you must pay the costs of return.
We will refund you the price you paid for the Products including any costs of return (if permitted under clause 7.9), by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- 1. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8. OUR RIGHTS TO MAKE CHANGES
We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products.
- You do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
We may write to you to let you know that we are going to stop providing the Product. We will endeavour to let you know at the earliest opportunity in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the Product, please contact us in accordance with clause 2. We are under a legal duty to supply Products that are in conformity with this Contract. Nothing in these terms will affect your legal rights. If you wish to exercise your legal rights to reject Products you must return them using one of the methods listed at clause 7.
10. PRICE AND PAYMENT
The price of the Product for orders exported to customers within the European Union will include VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
VAT will not be charged on Products exported to customers outside of the European Union.
The price will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 10.4 for what happens if we discover an error in the price of the Product you order.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
The cards we accept payment from will be detailed on the online ordering process. You must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 10; and for defective Products under the Consumer Protection Act 1987.
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. LIBERTY GIFT COINS
Liberty Gift Coins are specially commissioned and produced at the Royal Mint, and are available in denominations of £10, £15, £25, £50 and £100. They come packaged in a velvet Liberty pouch. These can be purchased online.
Liberty Gift Coins do not have an expiry date and can be redeemed at any till point throughout the store, with the exception of Café Liberty. Liberty Gift Coins cannot be redeemed online and are non-refundable.
13. LIBERTY GIFT CARDS
Liberty Gift Cards are available to purchase online and can be topped up in-store with any value up to £5000. The minimum amount required to activate the Liberty Gift Card is £25. The Gift Card comes wrapped in a purple box tied with ribbon, with a message card that can be personalised.
Liberty Gift Cards can be redeemed at any till point throughout the store, with the exception of Café Liberty. Liberty Gift Cards cannot be redeemed online and are non-refundable. Liberty Gift Cards cannot be redeemed or exchanged for cash or vouchers. Cards not used for more than 24 months after purchase will expire and the balance be forfeited.
When you use the Liberty Gift Card, the amount of your purchase will be deducted from the balance on the card. Change will not be given. Any remaining balance may be applied to future purchases.
14. LIBERTY LOYALTY VOUCHERS
For instore redemption, the corresponding Liberty Loyalty card must be presented at the time of the Liberty Loyalty Voucher and the voucher can only be used by the person(s) named on it.
For redemption online, the Liberty Loyalty Vouchers can only be redeemed by registered customers on the website. For those customer who have not registered on the site previously, but who have been issued a voucher, you can register on the site, login and then redeem the voucher.
Liberty Loyalty Vouchers can be redeemed instore during opening hours, or by contacting our Customer Services team on 02077341234, who will be happy to arrange a mail order during store opening hours. Store opening hours are detailed above.
Liberty Loyalty Vouchers can be redeemed online, during the terms of their issuance.
No change can be given and no cash alternative is available.
If items purchased with Liberty Loyalty Voucher are returned instore, a credit note will be offered (no cash refund).
If items purchased with Liberty Loyalty Voucher online are returned in full, loyalty vouchers will be reissued. For partial online refunds, loyalty points for future issuance will be credited to the loyalty account.
Liberty Loyalty Vouchers are valid for one transaction only and must be surrendered upon redemption.
For instore redemption, Liberty Loyalty Vouchers can be used in conjunction with any other offer or discount including card member events.
For online redemption, Liberty Loyalty Vouchers are valid for one transaction only and cannot be used in conjunction with other promotions, promotional codes or vouchers.
Liberty Loyalty Vouchers cannot be redeemed against Liberty Gift Vouchers, Liberty Gift Cards, Liberty Gift Coins, delivery charges, restaurants and special orders. Liberty reserves the right to substitute or remove product ranges/offers available for redemption at any time.
Photocopies of the Liberty Loyalty Voucher or defaced vouchers will not be accepted. We cannot be held responsible for Liberty Loyalty Voucher once they have left our control.
15. BEAUTY LOYALTY VOUCHERS
Beauty Loyalty Points are not accrued on purchases with Murdock London. The corresponding Liberty Loyalty Card must be presented at the time of redemption of the Beauty Loyalty Voucher. Beauty Loyalty Vouchers can be redeemed in store during opening hours, or by contacting our Customer Services team on 02077341234, who will be happy to arrange a mail order during store opening hours. Store opening hours are detailed above. Beauty Loyalty Vouchers are valid for one Beauty transaction only and must be surrendered upon redemption.
No change can be given and no cash alternative is available. If items purchased with Beauty Loyalty Vouchers are returned, a credit note will be offered (no cash refund).
Beauty Loyalty Vouchers can be used in conjunction with any other offer or discount including card member events in-store. Beauty Loyalty Vouchers cannot be used in conjunction with any other offer online.
Photocopies of the Beauty Loyalty Voucher or defaced vouchers will not be accepted. We cannot be held responsible for Beauty Loyalty Vouchers once they have left our control.
Photocopies of the Liberty Loyalty Voucher or defaced vouchers will not be accepted. We cannot be held responsible for Liberty Loyalty Voucher once they have left our control.
16. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You need our consent to transfer your rights to someone else.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Products in 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.
17. AGE RESTRICTIONS
We cannot sell the following Products to persons under the age of eighteen (18): knives (including cutlery knives), alcohol.
We cannot sell the following Products to anyone under the age of sixteen (16): liqueur chocolates, Christmas crackers or party poppers.
By placing an order for age-restricted Products such as the above, you confirm that you meet the age requirement for that Product and that the information you provide is truthful and correct.
We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.
If you have purchased an age-restricted Product, proof of ID may be requested upon collection or delivery of that Product.
18. Newsletter subscription
Liberty London Open Call 2018
- Liberty Retail Limited (“Liberty”) is hosting an open call competition to find new products to stock in the home department of its London store.
How to Enter
- To enter the competition, you must take a photograph of the product you would like to submit for consideration (the “Product”) and share the photograph on Instagram, tagging the photograph with #LibertyOpenCall (each such shared post, an “Entry”). Each Entry must contain only one Product.
- Your Entry may be a new or existing Instagram post, provided that the post is no more than six months old when you tag it with #LibertyOpenCall.
- The competition will be open for Entries from 07.00 (GMT) on 10 January 2018 until 23:59 (GMT) on 7 February 2018 (the “Closing Time”). Entries received after the Closing Time will be automatically disqualified.
- To be eligible to enter this competition, you must:
- be resident in the UK and be aged 18 years or over;
- have contributed to the craft industry in Britain during the last three years; either by studying, exhibiting, teaching or selling; and
- not have had any of your products offered for sale in any bricks and mortar retail store in London in the past 24 months.
- Entrants may not be:
- employees of Liberty or its holding or subsidiary companies;
- employees of agents or suppliers of Liberty or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
- members of the immediate families or households of (a) and (b) above.
- To be eligible for consideration in this competition, your Product:
- must be suitable for selling in the home department of the Liberty store;
- must be a new product that has been designed by you no more than six months prior to entry into the competition;
- must not previously have been offered for sale via any channel (whether online or bricks and mortar retailer) – and may not be offered for sale through any channel for the duration of the competition;
- must not be a fabric-based product (unless the fabric is leather);
- must not be furniture;
- must not contain any real fur;
- must not be a taxidermy product;
- must not be a perishable product;
- must be able to be manufactured to order in time for a launch on 9 May 2018;
- must not be defamatory or offensive or infringe the intellectual property rights of any third party; and
- must comply with all applicable product safety standards and regulations.
- There is a limit of one Entry to the competition per person.
- By entering the competition, you confirm that you and your Product are eligible to do so in accordance with the above conditions.
- The Entries will be judged by a panel of Liberty London buyers (the “Panel”) who will select the most innovative, beautiful, commercial Product(s) that are in-keeping with the Liberty brand and aesthetic. The decision of the Panel will be final.
- Entrants whose Products are to be considered for the shortlist will be contacted by Liberty via Instagram direct message and asked to provide further information in relation to themselves and their Product. Information requested may include: a description of the Product; evidence of the entrant’s industry contribution; the costs involved in producing the Product; and the recommended selling price of the Product. If you do not provide the information requested within the timeframe specified by Liberty, your Entry will be disqualified from the competition.
- The Panel will select a shortlist of Entries by 15 February 2017. Entrants that have been selected for the shortlist will be notified via email or Instagram direct message. The shortlisted Entries will then be published on the Liberty London website for a public interest vote. The results of the vote may be taken into consideration by the Panel but are in no way binding.
- Up to three winning entrants will be selected by the Panel from the shortlist (each a “Winner”). The Winner(s) will be notified by 1 March 2018 by via email or Instagram direct message. It is a condition of entry to the competition that, if you are selected as a Winner, you must keep the fact of your success confidential until the results are publically announced on 9 May 2018.
- The results of the competition will be announced at an event in the Liberty store on 9 May 2018. All Winners will be required to attend the event.
- Liberty will offer the winning Product(s) for sale in its London store for a minimum of three months from 9 May 2018.
- Liberty will promote the winning Product(s) in-store, on its website (www.libertylondon.com), across its social media platforms, through digital marketing and via press outreach.
- Liberty will work with each Winner to help them to prepare their Product for sale, however, it will be each Winner’s responsibility to manufacture their Product to order.
- Liberty shall pay 50% of the value of any order of Products upon placing that order (subject to its usual terms and conditions of purchase), with the remainder payable on delivery. No further financial support shall be provided by Liberty in respect of the manufacture of Products.
- If you are a Winner of the competition, you agree that your Product will be exclusive to Liberty: (i) for so long as Liberty continues to order the Product from you; or (ii) for 12 months, whichever is the shorter.
- There is no cash alternative for the prize.
Intellectual Property and Data Protection
- By entering this competition, you agree to have your Entry and your name published on the Liberty website (www.libertylondon.com), on Liberty social media sites and on promotional materials in the Liberty store. You hereby agree to grant Liberty an irrevocable, worldwide, non-exclusive licence of the image of your Entry for the foregoing purposes.
- If you are a Winner of the competition, you agree to participate in any reasonable publicity required by Liberty.
- By entering the competition, you agree that any personal information provided by you to Liberty in relation to this competition may be held and used by Liberty or its agents and suppliers in order to administer the competition.
- If there is any reason to believe that there has been a breach of these terms and conditions, Liberty may, at its sole discretion, reserve the right to exclude an entrant from participating in the competition.
- Insofar as is permitted by law, Liberty will not in any circumstances be responsible or liable to compensate any Winner or accept any liability for any loss or damage occurring as a result of taking up the prize except where it is caused by the negligence of Liberty or its employees.
- Liberty reserves the right to hold void, suspend, cancel, or amend the competition where it becomes necessary to do so.
- These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.