Drenched Ltd | Drenched Policies
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Drenched Policies

Drenched Terms & Conditions

We, Drenched Limited (“Drenched.ltd.uk”, “we” or “us”), would ask that you take the time to read these Terms and Conditions carefully. They explain a number of things including, for example, the rules covering your use of this site as well as other information regarding your rights. By using www.drenched.ltd.uk, you’ll be confirming that you have read and understood and agree to these Terms and Conditions. These Terms and Conditions may change from time to time and, if they do, the up-to-date version will always be available on the Drenched.ltd.uk website. We will indicate at the top of these Terms and Conditions when they were last updated.

Please ensure that you check these Terms and Conditions regularly to view any changes which may have been made, because by continuing to use the site after these Terms and Conditions have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms and Conditions.

Your Information and Privacy

For a more detailed explanation of how we will collect, use and store information relating to you, and our commitment to protecting your privacy, please see our Privacy policy.

Third Party Content

This site will contain some content which does not come from Drenched.ltd.uk, whether such content is posted by users or otherwise comes from anyone other than Drenched.ltd.uk (together, “Third Party Content”). Because of the open nature of the site, this Third Party Content is not approved by Drenched.ltd.uk. We have to state that any views expressed in such Third Party Content may not represent the views of Drenched.ltd.uk and that Drenched.ltd.uk shall not be responsible or liable for any Third Party Content or for the consequences of the use of it.

We will include on the site Third Party Content that is personal opinion and political or controversial in its nature. These views do not necessarily reflect the views of Drenched.ltd.uk and we cannot accept any responsibility for those views.

We may keep an eye on Third Party Content from time to time but please note that we have no obligation to police it. If we have any concerns, we may remove Third Party Content from the site with or without notice.

If you have any concerns about content appearing on this site, please contact Drenched.ltd.uk

User Content

This site contains an opportunity for users to comment on articles and posts on the site (“User Content”). It is information in the public domain, so be aware that it may be accessed by any person using the web in any part of the world and can be found using independent search engines. So, if you choose to post information to the interactive parts of our site, we have to state that you do so at your own risk and that it won’t be protected by Drenched.ltd.uk. So, we advise you to think carefully before choosing to share any personal information on the interactive parts of our site. For more information, please see our privacy policy.

In order for our open forum to work, you the user must bear sole responsibility for the content which you post on the site and not post anything unless you have appropriate permission and authority to do so. By posting User Content, we have to assume that you are warranting that you have the permission and authority to do so and that, if at any point you no longer have that permission and authority, you will remove the User Content.

In posting User Content to the site, you are basically granting to Drenched.ltd.uk an irrevocable, perpetual, royalty-free, non-exclusive, worldwide, transferable licence to publish, display, copy, modify, create derivative works from and distribute the User Content on the site. You’re also granting Drenched.ltd.uk the licence to use the User Content in any way for the purpose of publicising the site as well as the products and services of Drenched Ltd companies and also to grant sub-licences on the same basis. This licence will terminate when you remove the relevant User Content from the site.

We may keep an eye on User Content from time to time but please note that we don’t have any obligation to police it. We may remove or block access to any User Content at any time. For example, we may do this where we reasonably believe that someone has broken the law, e.g. infringed a third party’s intellectual property rights or breached a duty of confidentiality. We can bear no liability in respect of any loss or damage suffered as a result of any of these actions.

The following section — User Code of Conduct — gives you our common sense guidelines for how to contribute to the site in order to avoid causing harm or offence to yourself and others and to avoid having your User Content removed.

If you have any concerns about content appearing on this site, please contact Drenched.ltd.uk

User Code of Conduct

We at Drenched.ltd.uk are excited about customers and users being able to communicate with each other and share ideas. However, we want all our users to be able to feel safe and at ease whilst using our site. The best way of addressing this balance is to have a user code of conduct.

By using our site you’ll be agreeing to these Terms and Conditions including the Code of Conduct in this section.

So if we believe that a user’s behaviour is likely to cause offence or harm to other users or to Virgin, or is otherwise unacceptable, we may issue that user with a warning. In addition, we may need to remove any content which they have shared or posted up on the site.

To protect our users and the reputation of the site, we may keep an eye on the interaction between users from time to time but please note that we have no obligation to police it.

Drenched.ltd.uk cannot take responsibility or liability for the conduct of any person who uses our site. In addition, Drenched.ltd.uk is not responsible or liable for any loss or damage suffered as a result of the use of our site.

We ask that in using this site you show respect for other users and the property of others.

You agree:

to behave in a respectful way to all other users.
not to post or otherwise make available content which is, in our view, likely to impair others’ enjoyment of this site.
not to breach the law or encourage a breach of the law.
not to post or otherwise make available content which is, in our view, abusive, offensive, defamatory, obscene, pornographic or of a sexual nature, illegal, threatening, intimidating, in breach of privacy, confidentiality or third party rights or otherwise unacceptable.
not to post or otherwise make available content which, in our view, portrays unacceptable violence.
not to behave in a way which is threatening, intimidating, harassing or bullying, offensive, abusive, defamatory, discriminatory or demeaning or to stalk or violate the rights of others including individuals’ privacy rights.
not to do, cause or permit anything to be done that may infringe, damage or interfere with any copyright, moral rights, performing rights, design rights, trade mark rights or other proprietary or intellectual property rights of Drenched.ltd.uk, any other Drenched company, their respective licensors or any third party.
to only upload content which is an original work created by you.
not to share any information which is confidential to any other person.
not do anything which will or might damage, interfere with, disrupt access to, overburden, interrupt or impair the functionality of the site, the materials available on the site or any software or hardware.
not to obtain or attempt to obtain unauthorised access to the site, any part of it or any private or member account areas.
not to obtain or seek to obtain personal information, confidential information or passwords from any other person.
not to circumvent or attempt to circumvent any filters we may use on this site.
not to do anything which may cause any liability for Drenched.ltd.uk or any other Drenched company.
not to distort or misrepresent any individual or thing .
not to register as or on behalf of anyone else, impersonate anyone else, seek to take on a false identity or misrepresent yourself, your identity or your age.
not post or otherwise make available content containing financial information (such as account, credit or debit card details) or information which identifies an individual personally or is capable of identifying an individual personally (such as names, phone numbers, email addresses or postal addresses) .
to respect information you obtain on our site and use it only in accordance with this User Code of Conduct and our Terms and Conditions.
not to advertise, promote or endorse any goods or services and
not use our site to send any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication.

Minors

Protecting the online privacy of children is especially important to us. By accessing the site, you’ll be representing and warranting that you are 18 or older and that you agree to these Terms and Conditions. If you are under 18 years old, please do not attempt to provide us with your name, contact details or any other information about yourself. If we reasonably believe a user to be under 18, we may need to remove their details provided by them from our site and our records

Drenched.ltd.uk Reviews

Reviews posted on our site don’t necessarily represent the views of Drenched.ltd.uk or the Drenched Group. Any positive or other review not constitute a recommendation, endorsement or guarantee by Drenched.ltd.uk and we make no representation as to quality. All ratings are intended as a guideline only and we do not guarantee their accuracy.

The reviews don’t necessarily represent the views of Drenched.ltd.uk. Please read these terms and conditions for further details.
We make no guarantee that any such information, or information in reviews posted by other users, will be accurate or up to date at the time you read it.
Drenched Ltd will not be responsible or liable for any injury, loss or damage incurred or suffered as a result of any review. This paragraph should be read in accordance with applicable local laws.

Indemnity

Our legal team have said that we need to include this paragraph which basically protects Drenched against people suing us for something bad happening:

In using this site you agree to indemnify and hold harmless Drenched.ltd.uk and all other Drenched companies, their subsidiaries and holding companies, the subsidiaries of their holding companies and each of their respective officers, directors,  employees, representatives and agents (and you shall continue to indemnify them and hold them harmless) in respect of all losses, liabilities, costs, claims, damages and demands suffered in connection with your conduct in using the site, your behaviour towards us, other Drenched companies, our and their representatives, other users, any breach of law, any breach of these Terms and Conditions or any breach of any third party’s rights.

Proprietary Rights

All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from this site, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the “Proprietary Content”) are the property of Drenched.ltd.uk, other Drenched companies, our users, suppliers or licensors. This includes, without limitation, the organisation and lay-out of the site and the underlying software that is owned by us, other Drenched companies, our users, suppliers or licensors.

By using the site you’re agreeing that Proprietary Content is available for personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any Proprietary Content. Neither the Drenched Ltd name nor any other Drenched Ltd company name, trade mark, logo or design may be used or copied in any manner.

Links to Other Sites

Drenched.ltd.uk provides, amongst other things, convenient links to other Drenched companies’ websites. You can also contact the Drenched companies through the contact us section of the site. Our site also contains links to other third party websites, resources, advertisements or sponsorships.

If you choose to access any of these links, you will be leaving Drenched.ltd.uk and since we don’t have any control over these sites, we are not responsible for the content, advertising, products or services available from them, or for any dealings or disputes that you may have in relation to those sites. Drenched.ltd.uk is not liable for any loss or damage which may be suffered as a result of the use of such links and third party sites. We would encourage you to review the terms and conditions and privacy policy on any new site you may choose to access because our terms and conditions and privacy policy will no longer be applicable.

We reserve the right to remove a link at any time.

Pop Ups

When using www.drenched.ltd.uk you may get pop-ups occasionally. We use these for many reasons, like competition entry forms and questionnaires to help us improve our service to you. Pop-up boxes from Drenched.ltd.uk are clearly marked with a heading from Drenched.ltd.uk.

You might also get pop-up boxes from other Drenched companies. Again you should be able to identify these, as they should be marked with a heading from the relevant Drenched company.

You might also get pop-up ads from third parties. These may appear due to software you have installed, deliberately or unknowingly, on your computer. Unfortunately, Drenched.ltd.uk cannot control these pop-up boxes because they haven’t come from us.

We do not endorse any website or product which appears in any pop-ups which do not come from Drenched.ltd.uk.

Accessibility

If you have trouble using our website with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by contacting Drenched.ltd.uk. We appreciate your feedback and your suggestions will help us to improve our service to you.

Site information and downtime

This site may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, Drenched.ltd.uk shall not be liable for any loss, damages or inconvenience resulting from such unavailability.

At Drenched.ltd.uk we take great care in seeking to present accurate, transparent and useful information to you as a user. However, as an open platform there is content on this site which is not generated by us, for example Third Party Content, as described above. Therefore, we should let you know that information on this site might be out of date, incomplete, contain some errors or be in some way unreliable. Just to be sure, please check any information obtained from this site before acting upon it in any way.

Please note that we may make changes to the site, its functions and services from time to time.

Other Limitation of Liability

It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However we cannot take responsibility for:

any breach of security of www.drenched.ltd.uk
any damage, loss or corruption of any data, information or material.
any viruses or other malicious programs that may infect your computer equipment or other property any breach of security by hackers in relation to www.drenched.ltd.uk

Drenched.ltd.uk and the other Drenched companies won’t be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages) in connection with the use of www.drenched.ltd.uk or any other site. The same applies for the employees, officers, directors, representatives and agents of Virgin.com and/or the other Drenched companies. This paragraph only applies to the extent that it can in accordance with applicable laws.

Law and Jurisdiction

These Terms and Conditions and any dispute in relation to them are governed by English law and we reserve the right to bring proceedings in the courts in any location, the English courts or whichever forum we feel is appropriate.

As a user, the laws of your location may apply to your online dealings with www.drenched.ltd.uk and you may have additional legal rights and/or obligations than those provided under English law. We always recommend that you should seek local legal advice, however we would encourage you to speak to us if you have any concerns to see if they can be resolved.

Other terms — a final word from our lawyers

These Terms and Conditions and the Privacy Policy constitute the entire agreement between you, the user, and Drenched.ltd.uk in relation to your use of the site (which includes details on our approach to cookies) and supersede all prior agreements and arrangements between us in relation to your use of the site.

If any provision or part of these Terms and Conditions is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms and Conditions will not be impaired.

No failure or delay by Drenched.ltd.uk in exercising or enforcing any right, power or remedy which arises under these Terms and Conditions shall operate as a waiver of that or any other right, power or remedy. No waiver by Drenched.ltd.uk shall be effective unless in writing and signed by an authorised representative of www.drenched.ltd.uk

Finally — If in doubt, talk to us

If you have any queries, comments or complaints regarding the site or these Terms and Conditions, just get in touch. You can email us at info@drenched.ltd.uk

If you have any queries, comments or complaints regarding the websites of any other Drenched Ltd companies or the products or services you receive from them, then please contact them directly. For your convenience, you can contact them through the Contact Us section of our site.

Drenched Privacy Policy

Here at Drenched Ltd (“Drenched.ltd.uk”, “we” or “us”), we take your privacy seriously. We’re committed to protecting the privacy of any personal information you give us. We will comply with the UK’s Data Protection Act 1998 and related UK legislation.

We have a philosophy here about the way we use your consent to be contacted (if you give us that consent). If you hear from us, we will always aim to be respectful, relevant and appropriate. If at any time you don’t feel we’ve lived up to our philosophy, please let us know straight away by getting in touch with us.

Please take the time to read this privacy policy, which is part of our terms of use. By using the Drenched.ltd.uk site, including signing up for our newsletter, you are agreeing to be bound by the Terms and Conditions including this privacy policy. This policy explains how we collect, use and store the personal information you provide to us. ‘Personal information’ is information which identifies you or another person, or is capable of doing so.

This policy may change from time to time and, if it does, the up-to-date version will always be available on the Drenched.ltd.uk site. Please note that by continuing to use the Drenched.ltd.uk site you are agreeing to any updated versions.

This policy was last updated on 04 August 2016

Drenched Cookie Policy

We use cookies to improve your experience on our site, Drenched.ltd.uk, and to recommend content that may be of interest to you. You can find out more below about what cookies are, the cookies we use and how to switch off cookies.

You can indicate your acceptance of our use of cookies in accordance with this policy by clicking “OK” in the appropriate place on the banner that appears on our site. However, please note that if you do not click “OK” but you continue to browse the site you will be deemed to have accepted our use of cookies (and what we use them for) in accordance with this policy.

What are cookies?

A cookie is a text file containing small amounts of information which is downloaded to your device when you access a website. The text file is then sent back to our server each time your browser requests a page from the server. This enables us to operate the site more effectively and load the site in such a way as to reflect your personal preferences, based on your previous browsing on Drenched.ltd.uk as well as keywords we may be able to gather from URLs of webpages from which you accessed Drenched.ltd.uk. Cookies can also allow us to do various other things, as explained below.

What cookies do we use?

When you visit Drenched.ltd.uk, the following types of cookies may be downloaded to your device:

Analytical and Performance Cookies

We may use analytics service providers for website traffic analysis and reporting. Analytics service providers generate statistical and other information about the use of the site by using cookies. They allow us to recognise and count the number of visitors and to see how often visitors return to the site, how long they stay and how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily. The information generated relating to the site may be used to create reports about the use of the site and the analytics service provider will also store this information.

Advertising and Targeting Cookies

These cookies record your visit to our site, the pages you have visited and the links you have followed to other sites. We will use this information to try and make our site and other sites that you visit more relevant to your interests. We may also share this information with others, such as other Virgin group companies and carefully selected third parties, for this purpose.

We work with technology partners to support our website and to provide you with relevant information about the products and services of other Drenched group companies on our site and on affiliated sites or sites within the advertising networks we work with. We may use cookies on our site to help us to place relevant Drenched group advertising on others’ sites when you visit such sites. We do this because we value your visit to our site and hope that you will be interested in other Drenched offerings when you visit other sites. If you are not happy with this, please see the section of this policy titled “How do I turn cookies off below”.

Functionality Cookies

We may use functional cookies that allow us to remember choices you have made in relation to the site so as to provide a more personalised experience and enhanced user experience by delivering content specific to your interests.
Strictly Necessary Cookies
These are cookies that are required for the administration and operation of our site. Some cookies that we use are necessary for our site to function properly and to enable you to move around the site and use its features.

Third Party Cookies

Because Drenched have a presence on various social networks, we try and make it as easy as possible to share content and to see what content is popular on those networks. We add buttons to allow people to easily share to those networks. We also use Facebook to power the commenting functionality on the site.
When we include these social ‘plugins’, it gives those sites the flexibility to use cookies. They can’t read any cookies we set from Drenched.ltd.uk, and we can’t read any cookies they set, but it lets them do the same kind of traffic measuring that we do on the rest of Drenched.ltd.uk, and it also lets them know whether you’re logged in. For example, if you’re logged in to Facebook, read a post by Drenched and want to make a comment, you can do that straight away without having to log in again – we never know whether you’re logged in or not, as you communicate directly with Facebook, through their plugins on our site.
Other sites and services (including, for example, advertising networks, providers of external services like web traffic analysis services and content recommendation engines) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

How do I turn cookies off?

If you do not wish us to install cookies or you don’t agree with how we use these cookies in any way, you can change the settings on your internet browser to reject cookies. For more information please consult the “Help” section of your browser or visit www.aboutcookies.org or www.allaboutcookies.org. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of our site.

What information do we collect if you sign up for our newsletter?

If you want to sign up to receive our newsletter we will collect the following personal information from you: your email address, name, date of birth and what you are interested in hearing more about.

Will we use your information for marketing?

We may display offers, promotions, products or services on the site which we think will interest you based upon the information we collect from your cookies.

How else will we use your information?

We may also use your information for the following purposes:

To help provide services to you

  • To send you our newsletter if you have signed up to receive it.
  • To carry out surveys occasionally and to analyse our user base — ultimately we want to ensure that drenched.ltd.uk provides everything that you — our audience — is looking for
  • To check whether you are eligible for a competition and to contact you if you win
  • To comply with the law
  • As we feel is necessary to prevent illegal activity or to protect our interests

And we won’t keep hold of your personal information for longer than is reasonably necessary or required by law.

Will we share your information with anyone else?

Only if…

You specifically request this, such as when you submit information to enquire about jobs or submit a job application through www.drenched.ltd.uk
We are required to do so to comply with the law or with the directions of the courts or other authorities.
We feel it is reasonably necessary to prevent illegal activity or to protect our interests
Other Drenched Ltd companies products and services may interest you
It helps our trusted third party service providers to provide and improve our service to you or to carry out surveys and user analysis to understand your needs and preferences. We will also share your information with MailChimp, who securely host emails and act as a supplier to distribute our newsletter. We require these service providers to keep your personal information safe and secure. These trusted third parties would only be permitted to use your personal information for the purposes we specify.

We may share some broader statistics and customer profiling information with third parties and other Drenched Ltd companies – but we’ll keep it anonymous, so you won’t be identifiable from that data.

We won’t rent or sell our user’s details to any other organisation or individual.

What if you post information on our site?

This site contains an opportunity for users to comment on content on the site (“User Content”). It is information in the public domain, so it may be accessed by any person using the web in any part of the world and can be found using independent search engines. So, if you choose to post information to the interactive parts of our site, we have to state that you do so at your own risk. This is the case whether the User Content is uploaded directly onto www.drenched.ltd.uk or through a connected site.

This means your User Content:

Won’t have its usage and circulation limited as described in the sections of this policy above headed ‘Will we use your information for marketing?’, ‘How else will we use your information?’ and ‘Will we share your information with anyone else?’
Won’t be protected as described in the section of this policy below headed ‘Will we be transferring any personal information outside the EU?’
Won’t be held securely as described in the section of this policy below headed ‘Keeping your information safe’

We are obliged by our legal eagles to state that neither Drenched.ltd.uk nor any other Drenched company will be liable to you or to any third party for any loss or damage resulting from any User Content posted on the Drenched.ltd.uk site.

Please read our Terms and Conditions for more information about posting User Content. If you register on the site, you’ll need to comply with our Terms and conditions

If you have any concerns about User Content appearing on this site, please contact us.

How will we make sure our site is secure?

We follow strict security procedures as to how your personal information is stored and used, and who sees it, to help stop any unauthorised person getting hold of it. All personal information you register on this site will be located behind a firewall. We take security extremely seriously but as no system is 100% secure, we can’t completely guarantee the protection of your personal information, any more than any other organisation can. So we can’t accept any liability for the loss, theft or misuse of the personal information which you’ve registered on this website if there is a security breach. If you submit a business proposal to us, your business proposal information will be held subject to the terms and conditions of the Business Proposal Submission Agreement.

Will we be transferring any personal information outside the EU?

Countries outside the European Union may have a lower standard of protection for personal information than that required by EU data protection laws. The information we collect from you may be transferred to, and stored, outside the EU (including for example in the United States) and may also be processed by people operating outside the EU who work for us or one of our suppliers. If we need to transfer your data to a company based outside the EU (e.g. if our hosting company is based in the US), we’ll take steps to make sure your personal data is handled in line with EU law.

What about personal information relating to minors?

Protecting the online privacy of children is especially important. If you are under 18 years old, please do not provide us with your name, contact details or any other information about yourself. To find out more, please read our Terms and conditions.

Are you protected by this policy outside www.drenched.ltd.uk?

Our site contains links to other websites. Obviously, we don’t have any control over them and take no responsibility for any information you give them. Other sites have different privacy and security policies, which we advise you to read.

How you can access your information

You can request, at any time, access to the personal information we hold about you. You can write to us at the following address requesting access to your personal information.

The Webmaster
Drenched Ltd
Unit 2 Buccaneer Drive, Fountain Court
Doncaster International Business Park
Hayfield Lane, Auckley
Doncaster
DN9 3QR
UK

You are entitled to be told by us whether we or someone else on our behalf is processing your personal information; what personal information we hold; details of the purposes for the processing of your personal information; and details of any third party with whom your personal information has been shared. (We may charge a small admin fee for providing this information). You can also request that we correct any personal information which we hold about you where it is inaccurate.

Sometimes you may be asked to provide proof of identity before we show you your personal information – that’s so we can prevent unauthorised access.

Talk to us

If you have any queries, comments or complaints regarding this privacy policy, just get in touch. You can contact us through the contact us on this website or write to us at the address set out above.

This policy was last updated on 04 August 2016

General Terms & Conditions of Business

1 – Clause 1 – General Provisions

1. The following Terms and Conditions of Business apply to all present and future offers made by us and contracts concluded with us. The customer´s General Terms and Conditions of Business are not recognised.
2. No contract shall come about until we have confirmed the order in writing, or by delivery. Solely our confirmation of the order shall be authoritative for the terms of the contract, in particular the scope of the goods/services. Any amendments and additions require our confirmation in writing.
3. We reserve the right to make technical or production-related changes to the pictures, drawings, weights and dimensions stated in our brochures and our offers provided that the goods/services to be delivered are not thereby significantly altered and the change is reasonable for the customer.

2 – Prices and Payment Terms

1. Our prices are set out in the price list applicable at the time the contract is concluded.
2. Our prices are stated ex works, including packaging but excluding dispatch and insurance. Statutory value added tax applies in addition.
3. Our invoices are payable without deduction within 30 days of the issue of the invoice.
4. If the customer fails to meet the payment terms or if we have to consider our claims as being at risk because of the customer´s economic circumstances, we can rescind the contract. We are furthermore entitled to make processing of all of the customer´s orders dependent on a payment in advance or the furnishment of security. If the customer is in default of payment, we can immediately call in the total debt due to us.
5. The customer may only offset counterclaims that are undisputed, or counterclaims that have become final and absolute, against our claims. Any right of retention under earlier or other transactions in connection with the business relationship is excluded. This does not apply to the right of retention based on undisputed claims or claims that have become final and absolute.
6. Any bonuses, discounts and other reductions that we have granted on the prices applicable under Clause 2(1) as well as del credere terms and conditions are granted and paid by us only if all of the customer´s due payment obligations towards us have been fulfilled at the time the bonuses, discounts or other price reductions as well as the del credere terms and conditions are granted and/or paid. Otherwise any and all claims thereto shall lapse.

3 – Delivery and Acceptance

1. Any delivery dates shall be as agreed in the individual case. In the event of any amendments or additions to the scope of performance after conclusion of the contract any delivery dates and delivery deadlines shall be rendered invalid; they shall automatically be reasonably extended unless a special agreement has been reached.
2. A delivery deadline shall be deemed to have been met if the goods/services to be delivered have been handed over for transportation or they are ready for dispatch and notice thereof has been given.
3. If we cannot meet the agreed delivery date for reasons for which we are not answerable (stoppages, strike, lock-out, power supply problems, delays in the supply of essential raw and starting materials etc.), we shall inform the customer thereof without undue delay. The customer shall not be entitled to rescind. If in any such case it is not foreseeable that we will be able to render our goods/services within a reasonable period but in any event no later than within 4 months, both we and the customer can rescind the contract. The same shall apply mutatis mutandis if the background reasons still exist after the expiry of 4 months following our notification. If the background reasons were already apparent to us at the time the contract was concluded we shall not be entitled to rescind.
4. In the case of orders to be called-off, the call-off quantity must be divided into call off batches with fixed call-off dates when the order is placed. The customer shall be obliged to call-off the goods within a reasonable period but no later than 9 months after entering into the contract.

4 – The Passing of Risk

1. The risk of accidental loss and of accidental deterioration of the goods/services shall pass to the customer as soon as the goods are handed over for transportation. If the customer is in default of accepting the goods/services, the risk shall pass upon notification that the goods/services are ready for dispatch. This shall apply irrespective of whether dispatch is made from the place of performance and who is to bear the transport costs. Upon request by the customer and at customer´s cost, we shall insure the consignment against theft, breakage, damage in transit, fire and water damage as well as other insurable risks.
2. Part deliveries are permitted.

5 – Reservation of Title

1. We shall retain title to goods delivered by us until all of our claims arising out of the business relationship with the customer have been satisfied in full.
2. The customer shall be entitled to sell the reserved goods in the ordinary course of business so long as the customer is not in default. Pledges or transfers of title as security are not permitted. The customer hereby already assigns the accounts receivable that arise out of the re-sale or for some other legal reason (insurance, tort) concerning the reserved goods to us in full as security.
We revocably authorise the customer to collect the accounts receivable assigned to us in its own name but for our account. Upon request by us the customer shall disclose the assignment and hand over to us the information and documents necessary for collecting the accounts receivable.
3. If the reserved goods are bonded with other objects, the reservation of title shall continue in respect of the newly created article. We shall thereby acquire a share of the joint title, which share shall be in the proportion that the value of the reserved goods (invoice value) has to the value of the other processed articles. If one of the bonded articles is to be considered to be the main article, the customer shall transfer the joint title in the proportion that the value of the goods supplied by us (invoice value) has to the value of the other processed articles. As regards our share of the joint title, the customer shall keep the new article free of charge. If the reserved goods are resold as an integral part of the new article, the assignment in advance agreed in Clause 5(2) shall apply only in the amount of the invoice value of the reserved goods.
4. If the realisable value of the security to which we are entitled under the above provisions exceeds our claims by more than 10 %, we shall be obliged to release the security in the value that exceeds said amount.

6 – Proprietary Rights and Copyrights

1. The drawings, samples, offers etc. submitted by us remain our property. The customer is prohibited from passing on the originals or copies of such documents to third parties. To the extent that drawings, samples, offers etc. are copyrightable, we expressly reserve the copyrights therein for ourselves.
2. When goods are produced according to the customer´s specifications, the customer must ensure that no intellectual property rights or other rights of third parties are infringed.
7 – Warranty Claims

1. If goods/services rendered by us prove to be defective, the customer´s warranty claims shall be as provided by the statutory provisions subject to the proviso that the customer can initially only demand repair or a replacement delivery.
2. If subsequent performance fails, the customer can reduce the remuneration or rescind the contract without there being any need to set a deadline for this. In addition the customer can demand damages in accordance with Clause 8.
3. If, in the course of repair work, we exchange materials of the customer which we have delivered, we shall acquire title to the exchanged parts.
4. If the defect is due to a faulty third-party product, we shall be entitled to assign our warranty claims against our supplier to the customer. In that case a claim can be asserted against us under the above provisions only if the customer has asserted the assigned claims against the supplier in court.
5. The warranty period for defects in quality shall be 12 months following the passing of risk in accordance with Clause 4(1). If the goods supplied by us have been used for a building or structure in accordance with their usual manner of use and have caused said building or structure to be defective, the statutory warranty period shall apply. Claims for damages in accordance with Clause 8 shall remain unaffected.

8 – Liability

1. We shall be liable for any culpable breach of our material contractual obligations in accordance with the statutory provisions. Material contractual obligations are obligations which characterise the typical purpose of the contract, the performance of which makes the proper implementation of the contract possible in the first place, and compliance with which the other contract party may rely on. However, unless our conduct has been either grossly negligent or intentional, we shall be liable only for the foreseeable damage.
2. In all other cases we shall be liable only if damage has been caused intentionally or grossly negligently by one of our statutory representatives or by a vicarious agent. We shall be liable for damage arising out of any injury to life, body or health in accordance with the statutory provisions. Otherwise claims against us for damages arising out of breaches of duty are excluded.

9 – Final Provisions

1. The place of performance for all obligations of both contract parties shall be Unit 2 Buccaneer Drive Doncaster International Business Park Doncaster South Yorkshire England DN9 3QR.
2. The contractual relationship shall be governed by English law. The UN Convention on Contracts for the International Sale of Goods is excepted from this, i.e. does not apply.
3. The place of jurisdiction for all legal disputes in connection with this contract shall be determined by our registered office (seat). The customer can – at our option – also be sued at the place where he has his registered office (seat).
4. The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions and the continued existence of the contract. Provided it is not a general condition, the void provision shall be replaced by a regulation, the economic substance of which comes closest to that of the void provision. The same shall apply mutatis mutandis in the event of a lacuna.
Drenched Limited Unit 2 Buccaneer Drive Doncaster International Business Park Doncaster South Yorkshire England DN9 3QR. Phone +44(0)1302 791 860 www.drenched.ltd.uk