1. What is this Document?
1.1 This document (the "Conditions") forms part of an agreement between RP REST and you, the Customer.
1.2 The Conditions together with the (1) Product Descriptions and (2) pricing applicable to the Products that you wish to buy together form the whole of RP REST’s "Agreement" with Customer. The Agreement is a binding document & Customers should ensure that they understand it.
1.3 Some parts of this Agreement apply to all of our Customers. However other parts are specific to Consumers only or to Business Users only.
1.4 We need to have an agreed written record of what we are supplying to ensure that no mistakes are made. Consequently we will not normally seek to make or agree variations to the Agreement orally & will seek to ensure that changes are documented in writing (which will be required in all cases for Business Users).
1.5 Our Agreement is intended to comply with all of your statutory rights as a Consumer. However, in the event that any uncertainty arises your statutory rights as a Consumer will take priority over the Agreement.
2. Definitions
Business User: legal entity or person who buys or agrees to buy Products from RP REST other than for private use Conditions: this document;
Consumer: an individual who buys or agrees to buy Products RP REST for private use;
Customer: Consumers & Business Users collectively;
RP REST: the RP REST company identified in your Order Confirmation and/or invoice;
Description: a document forming part of the Agreement which describes a Product or Service that Customers may purchase from RP REST;
Order: request by Customer to purchase Product from RP REST;
Order Confirmation: written acceptance by RP RESTof Customer's Order;
Price: the total charge for Products payable by Customer to RP REST;
Products: an individual good as described in any current document published by RP REST physically and/or on its internet site, or in any Order Confirmation & which Customer buys or agrees to buy from RP REST.
Third Party Products: products not manufactured, assembled or authored by RP REST that RP REST sells.
3. Quotations/Orders and Changes
3.1 RP REST quotations are valid only if in writing & for 10 days after the quotation date, unless otherwise stated in the quotation.
3.2 All Orders for Products shall be regarded as an offer by Customer to purchase Products under the terms of this Agreement.
3.3 RP REST accepts Customer's offer to purchase under this Agreement & makes a binding Agreement by issuing an Order Confirmation. Order confirmation is binding except, in the case of consumers only, where there is a discrepancy between order confirmation and what consumer ordered and where discrepancy is unacceptable to the consumer. It is recommended that Customer review the Order Confirmation & notify RP REST within a reasonable period of time of any discrepancies that are noticed.
4. Price and Payment
All Customers:
4.1 The Price that Customers have to pay will be shown on RP REST's Order Confirmation and invoices.
Consumers:
4.2 Payment shall be made before supply of Product. RP REST will suspend delivery of Product until full payment is received. If RP REST has delivered Product & the Product remain neither paid for nor made available for collection when reasonably demanded then RP REST may recover the outstanding payment and/or Product & the recovery costs are to be paid by the Consumer.
Business Users:
4.3 If agreed in advance in writing, Business Users may pay within 15 days of the date of invoice. RP REST will suspend delivery of Product until full payment is received. If full payment is not received RP REST will be entitled to charge interest on the amount outstanding at the rate of 3% per annum above the London Inter Bank Offer Rate ("LIBOR"). If RP REST must recover the outstanding payment &/or Product, recovery costs are to be paid by Business User.
Vouchr Usage Condition applicable to all Customers
Usage Limit of ours promotional vouchers are connected with SALE dates and the TOTAL amount of the order, However you can share your voucher code with your friends, because it could be used several times, one promotional voucher per one order.
4.4 The promotional voucher may only be redeemed at our Web site www.recliningmassagechairs.co.uk toward the purchase of products listed in the RP REST online catalogue sold by RP REST. They cannot be redeemed via phone or mail order.
4.5 Please note that a minimum purchase value may apply.
4.6Promotional vouchers cannot be used retrospectively, ie applied to orders already placed with us.
4.7 The promotional voucher has a cash value of GBP 50.00.
4.8 Certain products may be exempt from promotional offers.
4.9 RP REST reserves the right to cancel online vouchers at any time.
4.10 Please note that voucher codes cannot be used in conjunction with any other offer.
5. Delivery
All Customers:
5.1 The delivery date should not be longer than 4 working weeks after the order was placed or full payment is received.
5.2 The place of delivery is as stated in the Order Confirmation. Please note that delivery address should be the same as the address on the card you are paying with, otherwise we may contact you to confirm address of delivery.
5.3 RP REST Delivers products for free to Mainland England and Wales, you have to contact us if you want us to deliver to other locations, additional charges may arise.
Consumers:
5.4 Delivery will take place less than 30 days after the date of Order unless specifically otherwise agreed at the time of making the Order.
5.5 If the estimated delivery date cannot be met and the revised delivery date will exceed 30 days from the original date of order then Consumer will be contacted & advised of a proposed new date for delivery. If Consumer refuses the revised delivery date and delivery is not made within 30 days from the original date of order or prior to the specifically agreed delivery date if applicable, then Consumer may cancel the order without charge & obtain a full refund.
6. Passing of Ownership & Risk
6.1 Ownership of Products passes to Customer on the later of receipt by RP REST of full payment or delivery to Customer of Product. RP REST may recover any Products supplied at any time prior to ownership passing if Customer is in breach of these Conditions.
6.2 Risk meaning: a: (for Consumers only, within the period of time specified in clause 7.3), a duty to take reasonable care of Product received and b: (after the period specified in Clause 7.3 for Consumers and in all circumstances for Business Users) responsibility for damage caused to or by use, handling or storage of the Product, passes to Customer on delivery of Products to Customer or to their representative.
7. Acceptance of Products on Delivery, "Cooling Off" & rights of return and cancellation
All Customers:
7.1 Customer should notify RP REST promptly: following delivery of any missing, incorrectly delivered, incorrect specification (subject to Clauses 3.3), or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged; following discovery of any non-visible damage or defect in Product supplied.
7.2 Where Product can be returned to RP REST by Customer under the terms of this Agreement, it should be made available for collection at a time which is mutually convenient insofar as possible. Customers should act reasonably in complying with a request by RP REST to collect Product at a particular time.
7.2.1 The EX DISPLAY products can not be returned, however they are covered by the warranty period agreed with the company.
Consumers:
7.3 Consumers may cancel their Orders for any reason until, but no later than:
7.3.1 the end of the 7th "working day" (days other than weekend days & public holidays) after the day of receipt of the Product Order Confirmation (as applicable); or
7.3.2 the end of the 7th working day after the date when all such information required by law is supplied.
7.4 On cancellation of Products Consumer is obliged to return the goods to RP REST in their original condition, undamaged & at the cost of Consumer. Consumer shall take reasonable care to ensure that the goods are not damaged whilst in transit using means arranged by Consumer. Whilst in possession of the goods Consumer shall be under a duty to take reasonable care of them. RP REST shall take action against Consumer for goods returned which have been made unfit for resale or damaged whilst in the possession of Consumer.
7.5 The provisions of Clauses 7.3, 7.4 & 7.5 do not apply to Product that is damaged or defective.
7.6 On cancellation of the Order RP REST will refund the price paid, less the direct cost of recovering the goods (when applicable), within a period of 30 days from date of cancellation.
Business Users:
7.7 Notwithstanding anything herein to the contrary (including without limitation Clauses 3.3), Business Users may only reject Product for material non-conformity with the Product Description by providing written notice to RP REST within 7 days after delivery or otherwise shall be deemed to have accepted the Products.
8. Statutory Rights, Warranties, Repairs, Replacements & Provision of Services
All Customers:
8.1 RP REST will fulfil its legal obligations to repair &/or replace Products. These obligations are dependent upon proper use of Products & do not cover any parts of Products which have been modified or repaired without RP REST's prior written consent.
8.2 RP REST's obligations do not apply to the consumable components of consumable items if such, or if a defect is caused by an external cause such as fair wear & tear, hardware loaded onto or connected to Product by Customer where this hardware has not been supplied by RP REST, an accident, hazard, humidity control, electrical stress or other environmental conditions not commonly found in a safe home or office environment.
8.3 Parts not critical to Product function, including but not limited to hinges, doors, cosmetic features, and frames, are not serviced &/or repaired.
8.4 Advice on product usage and other may be provided via telephone (at the normal national rate) or Internet where appropriate. Additional optional value added Services may be offered using Premium Rated Services. Any such Services will be clearly identified & will be provided in compliance with relevant regulations and codes applying to provision and use of Premium Rated Services. Telephone calls may be recorded for training purposes. Customer must provide RP REST with all reasonable courtesy, information & cooperation to enable RP REST to deliver the Advice & shall be responsible for all telephone and postal charges in contacting RP REST.
8.5 RP REST makes repairs as required at law &, if applicable, under Warranty Offerings by using components which are new or equivalent to new in accordance with industry standards and practice. Products will be repaired using parts which will work for the balance of the statutory entitlement period and/or the Service Offering period relating to the Product into which they are installed. If the part is installed into a Product for which this statutory entitlement period and/or the Service Offering Period (as applicable) has less than 90 days to run at the date of installation then the part itself will continue to work for at least 90 days after the date upon which it was installed.
8.6 RP REST owns any Product or parts that are removed during repair. RP REST may require Customer to return removed parts to RP REST for reconditioning, analysis or for environmental reasons.
8.7 If Customer does not return removed parts RP REST then may charge a fee of which Customer will be informed prior to charge. The fee will reflect the cost incurred by RP REST in retrieving the part(s), &/or the cost of procuring another component to recondition &/or arising from failure to comply with environmental obligations as a result of the Customer's failure to return the Product or part.
8.8 The charge referred to in 8.7 and 8.8 above will not apply to Consumers returning defective parts which have been replaced in accordance with statutory rights.
Consumers:
8.9 Products sold will be suitable for general use in a domestic, non commercial, non research environment in a manner which is consistent with the specification, functionality & service standards described in the Product's Description. Fitness for use in any other manner or environment must be explicitly and clearly agreed (preferably in writing) with RP REST prior to purchase.
8.10 RP REST will repair, or in the event that repair does not occur, replace Product which is defective within a reasonable period & with reasonable care & skill. This may only be varied to the extent reasonably agreed with Consumer.
Business Users:
8.11 Business Users must satisfy themselves as to the suitability of the Description for their needs. RP REST does not warrant fitness for any particular purpose. Fitness for use in any particular manner or environment must be agreed in writing with RP REST prior to purchase.
8.12 Business Users are not automatically entitled to repair or replacement other than as described or as otherwise agreed by RP REST. RP REST shall have no liability or obligation for defects in Products or failure to remedy defects except as expressly provided under this Agreement.
9. Frustration/Circumstances beyond the Parties' control ("Force Majeure")
Consumers:
9.1 Neither party is responsible for non-performance in case of circumstances beyond its reasonable control ("Force Majeure") including without limitation, strikes by non RP REST employees, terrorist acts, war, exchange fluctuations, governmental or regulatory actions, natural disasters, severe weather, unforeseeable transport or production problems affecting companies that supply RP REST.
9.2 If a Force Majeure event occurs & RP REST cannot deliver within the period set out in the Order Confirmation, RP REST will & Consumer may act in accordance with the terms of clause 5.5 above.
9.3 If the Force Majeure event lasts longer than 60 days then RP REST shall have the right to terminate the Agreement by providing notice in writing to Consumer & returning all sums paid by Consumer under the Agreement. No compensation to Consumer will then be due in these circumstances.
Business Users:
9.4 The same provisions apply to Business Users as apply to Consumers in Clauses 9.1 & 9.3. Neither RP REST in respect of a Business User nor a Business User in respect of RP REST may use Clause 9.2.
10. Export Control
10.1 Customer is advised that Product, which may include technology & software, is subject to EU export control laws & laws of the country where it is delivered or used. Under these laws, Product may not be sold, leased or transferred to restricted end-users or countries or for restricted end-uses. Customer agrees to abide by these laws.
11. Data Protection
11.1 Personal data obtained by RP REST from Customer shall be held and processed in accordance with all applicable laws and consistently with RP REST's Privacy Policy. RP REST may share such personal data with other RP REST entities, agents, or subcontractors performing services for RP REST. RP REST may also transfer personal data to affiliated companies or agents or subcontractors which may be outside the European Economic Area (EEA), in which case RP REST will ensure adequate protection to safeguard personal data. For a copy of RP REST's Privacy Policy, please visit RP REST's website.
12. Confidentiality
12.1 Each party must treat all information received from the other which appears to be confidential as it would treat its own confidential information generally, but at least, with no less than a reasonable degree of care.
13. Termination
13.1 Either party may terminate this Agreement if the other:
13.1.1 commits a material or persistent breach of these Conditions; or
13.1.2 fails to remedy such breach within 30 days of written notice being given to it by the other part requiring a remedy.
13.2 RP REST may terminate this Agreement with immediate written notice if Customer:
13.2.1 fails, without good reason, to pay on time; or
13.2.2 breaches or RP REST reasonably suspects Customer has breached export control laws.
13.3 Either party may terminate if the other becomes insolvent or bankrupt or is unable to pay debts as they fall due. This provision shall not relieve RP REST of an obligation to complete the delivery of any Product that has been ordered and fully paid for by a Customer prior to that Customer becoming insolvent or bankrupt.
14. Law & Jurisdiction
14.1 This Agreement is to be interpreted in accordance with English Law but may be subject for Consumers to the jurisdiction of the English, Welsh, Northern Irish or Scottish courts at the claimant's choice. For Business Customers the English courts shall have exclusive jurisdiction.
15. Miscellaneous
15.1 Customer can find all RP REST policies, Product Offering details and notices at www.rprest.co.uk
1.1 This document (the "Conditions") forms part of an agreement between RP REST and you, the Customer.
1.2 The Conditions together with the (1) Product Descriptions and (2) pricing applicable to the Products that you wish to buy together form the whole of RP REST’s "Agreement" with Customer. The Agreement is a binding document & Customers should ensure that they understand it.
1.3 Some parts of this Agreement apply to all of our Customers. However other parts are specific to Consumers only or to Business Users only.
1.4 We need to have an agreed written record of what we are supplying to ensure that no mistakes are made. Consequently we will not normally seek to make or agree variations to the Agreement orally & will seek to ensure that changes are documented in writing (which will be required in all cases for Business Users).
1.5 Our Agreement is intended to comply with all of your statutory rights as a Consumer. However, in the event that any uncertainty arises your statutory rights as a Consumer will take priority over the Agreement.
2. Definitions
Business User: legal entity or person who buys or agrees to buy Products from RP REST other than for private use Conditions: this document;
Consumer: an individual who buys or agrees to buy Products RP REST for private use;
Customer: Consumers & Business Users collectively;
RP REST: the RP REST company identified in your Order Confirmation and/or invoice;
Description: a document forming part of the Agreement which describes a Product or Service that Customers may purchase from RP REST;
Order: request by Customer to purchase Product from RP REST;
Order Confirmation: written acceptance by RP RESTof Customer's Order;
Price: the total charge for Products payable by Customer to RP REST;
Products: an individual good as described in any current document published by RP REST physically and/or on its internet site, or in any Order Confirmation & which Customer buys or agrees to buy from RP REST.
Third Party Products: products not manufactured, assembled or authored by RP REST that RP REST sells.
3. Quotations/Orders and Changes
3.1 RP REST quotations are valid only if in writing & for 10 days after the quotation date, unless otherwise stated in the quotation.
3.2 All Orders for Products shall be regarded as an offer by Customer to purchase Products under the terms of this Agreement.
3.3 RP REST accepts Customer's offer to purchase under this Agreement & makes a binding Agreement by issuing an Order Confirmation. Order confirmation is binding except, in the case of consumers only, where there is a discrepancy between order confirmation and what consumer ordered and where discrepancy is unacceptable to the consumer. It is recommended that Customer review the Order Confirmation & notify RP REST within a reasonable period of time of any discrepancies that are noticed.
4. Price and Payment
All Customers:
4.1 The Price that Customers have to pay will be shown on RP REST's Order Confirmation and invoices.
Consumers:
4.2 Payment shall be made before supply of Product. RP REST will suspend delivery of Product until full payment is received. If RP REST has delivered Product & the Product remain neither paid for nor made available for collection when reasonably demanded then RP REST may recover the outstanding payment and/or Product & the recovery costs are to be paid by the Consumer.
Business Users:
4.3 If agreed in advance in writing, Business Users may pay within 15 days of the date of invoice. RP REST will suspend delivery of Product until full payment is received. If full payment is not received RP REST will be entitled to charge interest on the amount outstanding at the rate of 3% per annum above the London Inter Bank Offer Rate ("LIBOR"). If RP REST must recover the outstanding payment &/or Product, recovery costs are to be paid by Business User.
Vouchr Usage Condition applicable to all Customers
Usage Limit of ours promotional vouchers are connected with SALE dates and the TOTAL amount of the order, However you can share your voucher code with your friends, because it could be used several times, one promotional voucher per one order.
4.4 The promotional voucher may only be redeemed at our Web site www.recliningmassagechairs.co.uk toward the purchase of products listed in the RP REST online catalogue sold by RP REST. They cannot be redeemed via phone or mail order.
4.5 Please note that a minimum purchase value may apply.
4.6Promotional vouchers cannot be used retrospectively, ie applied to orders already placed with us.
4.7 The promotional voucher has a cash value of GBP 50.00.
4.8 Certain products may be exempt from promotional offers.
4.9 RP REST reserves the right to cancel online vouchers at any time.
4.10 Please note that voucher codes cannot be used in conjunction with any other offer.
5. Delivery
All Customers:
5.1 The delivery date should not be longer than 4 working weeks after the order was placed or full payment is received.
5.2 The place of delivery is as stated in the Order Confirmation. Please note that delivery address should be the same as the address on the card you are paying with, otherwise we may contact you to confirm address of delivery.
5.3 RP REST Delivers products for free to Mainland England and Wales, you have to contact us if you want us to deliver to other locations, additional charges may arise.
Consumers:
5.4 Delivery will take place less than 30 days after the date of Order unless specifically otherwise agreed at the time of making the Order.
5.5 If the estimated delivery date cannot be met and the revised delivery date will exceed 30 days from the original date of order then Consumer will be contacted & advised of a proposed new date for delivery. If Consumer refuses the revised delivery date and delivery is not made within 30 days from the original date of order or prior to the specifically agreed delivery date if applicable, then Consumer may cancel the order without charge & obtain a full refund.
6. Passing of Ownership & Risk
6.1 Ownership of Products passes to Customer on the later of receipt by RP REST of full payment or delivery to Customer of Product. RP REST may recover any Products supplied at any time prior to ownership passing if Customer is in breach of these Conditions.
6.2 Risk meaning: a: (for Consumers only, within the period of time specified in clause 7.3), a duty to take reasonable care of Product received and b: (after the period specified in Clause 7.3 for Consumers and in all circumstances for Business Users) responsibility for damage caused to or by use, handling or storage of the Product, passes to Customer on delivery of Products to Customer or to their representative.
7. Acceptance of Products on Delivery, "Cooling Off" & rights of return and cancellation
All Customers:
7.1 Customer should notify RP REST promptly: following delivery of any missing, incorrectly delivered, incorrect specification (subject to Clauses 3.3), or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged; following discovery of any non-visible damage or defect in Product supplied.
7.2 Where Product can be returned to RP REST by Customer under the terms of this Agreement, it should be made available for collection at a time which is mutually convenient insofar as possible. Customers should act reasonably in complying with a request by RP REST to collect Product at a particular time.
7.2.1 The EX DISPLAY products can not be returned, however they are covered by the warranty period agreed with the company.
Consumers:
7.3 Consumers may cancel their Orders for any reason until, but no later than:
7.3.1 the end of the 7th "working day" (days other than weekend days & public holidays) after the day of receipt of the Product Order Confirmation (as applicable); or
7.3.2 the end of the 7th working day after the date when all such information required by law is supplied.
7.4 On cancellation of Products Consumer is obliged to return the goods to RP REST in their original condition, undamaged & at the cost of Consumer. Consumer shall take reasonable care to ensure that the goods are not damaged whilst in transit using means arranged by Consumer. Whilst in possession of the goods Consumer shall be under a duty to take reasonable care of them. RP REST shall take action against Consumer for goods returned which have been made unfit for resale or damaged whilst in the possession of Consumer.
7.5 The provisions of Clauses 7.3, 7.4 & 7.5 do not apply to Product that is damaged or defective.
7.6 On cancellation of the Order RP REST will refund the price paid, less the direct cost of recovering the goods (when applicable), within a period of 30 days from date of cancellation.
Business Users:
7.7 Notwithstanding anything herein to the contrary (including without limitation Clauses 3.3), Business Users may only reject Product for material non-conformity with the Product Description by providing written notice to RP REST within 7 days after delivery or otherwise shall be deemed to have accepted the Products.
8. Statutory Rights, Warranties, Repairs, Replacements & Provision of Services
All Customers:
8.1 RP REST will fulfil its legal obligations to repair &/or replace Products. These obligations are dependent upon proper use of Products & do not cover any parts of Products which have been modified or repaired without RP REST's prior written consent.
8.2 RP REST's obligations do not apply to the consumable components of consumable items if such, or if a defect is caused by an external cause such as fair wear & tear, hardware loaded onto or connected to Product by Customer where this hardware has not been supplied by RP REST, an accident, hazard, humidity control, electrical stress or other environmental conditions not commonly found in a safe home or office environment.
8.3 Parts not critical to Product function, including but not limited to hinges, doors, cosmetic features, and frames, are not serviced &/or repaired.
8.4 Advice on product usage and other may be provided via telephone (at the normal national rate) or Internet where appropriate. Additional optional value added Services may be offered using Premium Rated Services. Any such Services will be clearly identified & will be provided in compliance with relevant regulations and codes applying to provision and use of Premium Rated Services. Telephone calls may be recorded for training purposes. Customer must provide RP REST with all reasonable courtesy, information & cooperation to enable RP REST to deliver the Advice & shall be responsible for all telephone and postal charges in contacting RP REST.
8.5 RP REST makes repairs as required at law &, if applicable, under Warranty Offerings by using components which are new or equivalent to new in accordance with industry standards and practice. Products will be repaired using parts which will work for the balance of the statutory entitlement period and/or the Service Offering period relating to the Product into which they are installed. If the part is installed into a Product for which this statutory entitlement period and/or the Service Offering Period (as applicable) has less than 90 days to run at the date of installation then the part itself will continue to work for at least 90 days after the date upon which it was installed.
8.6 RP REST owns any Product or parts that are removed during repair. RP REST may require Customer to return removed parts to RP REST for reconditioning, analysis or for environmental reasons.
8.7 If Customer does not return removed parts RP REST then may charge a fee of which Customer will be informed prior to charge. The fee will reflect the cost incurred by RP REST in retrieving the part(s), &/or the cost of procuring another component to recondition &/or arising from failure to comply with environmental obligations as a result of the Customer's failure to return the Product or part.
8.8 The charge referred to in 8.7 and 8.8 above will not apply to Consumers returning defective parts which have been replaced in accordance with statutory rights.
Consumers:
8.9 Products sold will be suitable for general use in a domestic, non commercial, non research environment in a manner which is consistent with the specification, functionality & service standards described in the Product's Description. Fitness for use in any other manner or environment must be explicitly and clearly agreed (preferably in writing) with RP REST prior to purchase.
8.10 RP REST will repair, or in the event that repair does not occur, replace Product which is defective within a reasonable period & with reasonable care & skill. This may only be varied to the extent reasonably agreed with Consumer.
Business Users:
8.11 Business Users must satisfy themselves as to the suitability of the Description for their needs. RP REST does not warrant fitness for any particular purpose. Fitness for use in any particular manner or environment must be agreed in writing with RP REST prior to purchase.
8.12 Business Users are not automatically entitled to repair or replacement other than as described or as otherwise agreed by RP REST. RP REST shall have no liability or obligation for defects in Products or failure to remedy defects except as expressly provided under this Agreement.
9. Frustration/Circumstances beyond the Parties' control ("Force Majeure")
Consumers:
9.1 Neither party is responsible for non-performance in case of circumstances beyond its reasonable control ("Force Majeure") including without limitation, strikes by non RP REST employees, terrorist acts, war, exchange fluctuations, governmental or regulatory actions, natural disasters, severe weather, unforeseeable transport or production problems affecting companies that supply RP REST.
9.2 If a Force Majeure event occurs & RP REST cannot deliver within the period set out in the Order Confirmation, RP REST will & Consumer may act in accordance with the terms of clause 5.5 above.
9.3 If the Force Majeure event lasts longer than 60 days then RP REST shall have the right to terminate the Agreement by providing notice in writing to Consumer & returning all sums paid by Consumer under the Agreement. No compensation to Consumer will then be due in these circumstances.
Business Users:
9.4 The same provisions apply to Business Users as apply to Consumers in Clauses 9.1 & 9.3. Neither RP REST in respect of a Business User nor a Business User in respect of RP REST may use Clause 9.2.
10. Export Control
10.1 Customer is advised that Product, which may include technology & software, is subject to EU export control laws & laws of the country where it is delivered or used. Under these laws, Product may not be sold, leased or transferred to restricted end-users or countries or for restricted end-uses. Customer agrees to abide by these laws.
11. Data Protection
11.1 Personal data obtained by RP REST from Customer shall be held and processed in accordance with all applicable laws and consistently with RP REST's Privacy Policy. RP REST may share such personal data with other RP REST entities, agents, or subcontractors performing services for RP REST. RP REST may also transfer personal data to affiliated companies or agents or subcontractors which may be outside the European Economic Area (EEA), in which case RP REST will ensure adequate protection to safeguard personal data. For a copy of RP REST's Privacy Policy, please visit RP REST's website.
12. Confidentiality
12.1 Each party must treat all information received from the other which appears to be confidential as it would treat its own confidential information generally, but at least, with no less than a reasonable degree of care.
13. Termination
13.1 Either party may terminate this Agreement if the other:
13.1.1 commits a material or persistent breach of these Conditions; or
13.1.2 fails to remedy such breach within 30 days of written notice being given to it by the other part requiring a remedy.
13.2 RP REST may terminate this Agreement with immediate written notice if Customer:
13.2.1 fails, without good reason, to pay on time; or
13.2.2 breaches or RP REST reasonably suspects Customer has breached export control laws.
13.3 Either party may terminate if the other becomes insolvent or bankrupt or is unable to pay debts as they fall due. This provision shall not relieve RP REST of an obligation to complete the delivery of any Product that has been ordered and fully paid for by a Customer prior to that Customer becoming insolvent or bankrupt.
14. Law & Jurisdiction
14.1 This Agreement is to be interpreted in accordance with English Law but may be subject for Consumers to the jurisdiction of the English, Welsh, Northern Irish or Scottish courts at the claimant's choice. For Business Customers the English courts shall have exclusive jurisdiction.
15. Miscellaneous
15.1 Customer can find all RP REST policies, Product Offering details and notices at www.rprest.co.uk
