{"id":1312,"date":"2020-06-30T16:02:53","date_gmt":"2020-06-30T16:02:53","guid":{"rendered":"https:\/\/www.giftsetandmatch.com\/?page_id=1312"},"modified":"2020-07-21T15:06:21","modified_gmt":"2020-07-21T15:06:21","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/giftsetandmatch.com\/?page_id=1312","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"1312\" class=\"elementor elementor-1312\">\n\t\t\t\t\t\t<header class=\"elementor-section elementor-top-section elementor-element elementor-element-753e60b9 elementor-section-full_width elementor-section-stretched elementor-section-height-default elementor-section-height-default\" data-id=\"753e60b9\" data-element_type=\"section\" data-e-type=\"section\" data-settings=\"{&quot;background_background&quot;:&quot;classic&quot;,&quot;stretch_section&quot;:&quot;section-stretched&quot;}\">\n\t\t\t\t\t\t\t<div class=\"elementor-background-overlay\"><\/div>\n\t\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-no\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-bdfc1f1\" data-id=\"bdfc1f1\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-30153826 elementor-invisible elementor-widget elementor-widget-heading\" data-id=\"30153826\" data-element_type=\"widget\" data-e-type=\"widget\" data-settings=\"{&quot;_animation&quot;:&quot;fadeInDown&quot;}\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h1 class=\"elementor-heading-title elementor-size-default\">TERMS AND CONDITIONS<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/header>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-7504d582 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"7504d582\" data-element_type=\"section\" data-e-type=\"section\" data-settings=\"{&quot;background_background&quot;:&quot;classic&quot;}\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-7ce893d3\" data-id=\"7ce893d3\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-inner-section elementor-element elementor-element-e1d5da7 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"e1d5da7\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-inner-column elementor-element elementor-element-43c7843c\" data-id=\"43c7843c\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-738b21d elementor-widget elementor-widget-heading\" data-id=\"738b21d\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h2 class=\"elementor-heading-title elementor-size-default\">TERMS AND CONDITIONS OF TRADE<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-76b5640f elementor-widget-divider--view-line elementor-widget elementor-widget-divider\" data-id=\"76b5640f\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"divider.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-divider\">\n\t\t\t<span class=\"elementor-divider-separator\">\n\t\t\t\t\t\t<\/span>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-17eb677f elementor-widget elementor-widget-text-editor\" data-id=\"17eb677f\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t1. Basis of Agreement<\/p>\n\n(a) Gift Set and Match Limited (GSM) shall sell and the Customer shall purchase the Goods in\naccordance with any quotation or offer from GSM which is accepted by the Customer, or any\norder of the Customer which is accepted by GSM.\n(b) These Conditions shall govern the Agreement to the exclusion of any other terms\nand conditions subject to which any such quotation is accepted or purported to be accepted,\nor any such order is made or purported to be made, by the Customer.<\/p>\n\n2. Definitions<\/p>\n\n(a) In these Conditions:-\n&#8220;Working Day&#8221; means any day other than a Saturday, Sunday or bank holiday;\n&#8220;the Customer&#8221; means the person who accepts a quotation or offer from GSM for the\nsale of the Goods or whose order for the Goods is accepted by GSM;\n&#8220;the Agreement&#8221; means the Agreement for the purchase and sale of the Goods under\nthese conditions;\n&#8220;these Conditions&#8221; means the standard terms and conditions of sale set out in this\ndocument and (unless the context otherwise requires) includes any special terms and\nconditions agreed in writing between the Customer and GSM;\n&#8220;the Goods&#8221; means the products and\/or services (including any instalment of them)\nwhich GSM is to supply in accordance with these Conditions;\n&#8220;month&#8221; means a calendar month;\n&#8220;GSM&#8221; means Gift Set and Match Limited, a company registered in England and Wales,\nnumber 04040103 and includes all employees and agents of Gift Set and Match Limited;\n&#8220;writing&#8221; includes any communications made by fax, email or any comparable means.\n(b) Any reference in these Conditions to a statute or a provision of a statute shall be\nconstrued as a reference to that statute or provision as amended, re-enacted or\nextended at the relevant time.\n(c) The headings in these Conditions are for convenience only and shall not affect their\ninterpretation.<\/p>3. Basis of Sale<\/p>\n(a) GSM&#8217;s employees or agents are not authorised to make any representations\nconcerning the Goods unless confirmed by GSM in writing. In entering into the\nAgreement the Customer acknowledges that it does not rely on, and waives any\nclaim for breach of, any such representations which are not so confirmed.\n(b) No variation to these Conditions shall be binding unless agreed in writing between\nthe authorised representatives of the Customer and GSM.\n(c) Sales literature, price lists and other documents issued by GSM in relation to the\nGoods are subject to alteration without notice and do not constitute offers to sell\nthe Goods which are capable of acceptance. An order placed by the Customer may\nnot be withdrawn cancelled or altered prior to acceptance by GSM and no\nAgreement for the sale of the Goods shall be binding on GSM unless GSM has issued\na quotation which is expressed to be an offer to sell the goods or has accepted an\norder placed by the Customer by whichever is the earlier of:-\n(i) GSM&#8217;s written acceptance;\n(ii) delivery of the Goods; or\n(iii) GSM&#8217;s invoice.\n(d) Any typographical, clerical or other accidental errors or omissions in any sales\nliterature, quotation, price list, acceptance of offer, invoice or other document or\ninformation issued by GSM shall be subject to correction without any liability on\nthe part of GSM.<\/p>\n4. Orders and Specifications<\/p>\n(a) No order submitted by the Customer shall be deemed to be accepted by GSM unless\nand until confirmed in writing by GSM&#8217;s authorised representative.\n(b) The specification for the Goods shall be those set out in GSM&#8217;s sales documentation\nunless varied expressly in the Customer&#8217;s order (if accepted by GSM). The Goods\nwill only be supplied in the minimum units (or multiples) stated in GSM&#8217;s quotation.\nOrders received for quantities other than these will be adjusted accordingly.\nIllustrations, photographs or descriptions whether online, in catalogues, brochures,\nprice lists or other documents issued by GSM are intended as a guide only and shall\nnot be binding on GSM.\n(c) GSM reserves the right to make any changes in the specification of the Goods which\nare required to conform with any applicable safety or other statutory or regulatory\nrequirements or, where the Goods are to be supplied to GSM&#8217;s specification, which\ndo not materially affect their quality or performance.\n(d) No order which has been accepted by GSM may be cancelled by the Customer\nexcept with the agreement in writing of GSM on the terms that the Customer shall\nindemnify GSM in full against all loss (including loss of profit), costs (including the\ncost of all labour and materials used), damages, charges and expenses incurred by\nGSM as a result of cancellation.<\/p>\n5. Price and Payment<\/p>\n(a) The price of the Goods shall be the price stated in GSM\u2019s quotation or written\nconfirmation.\n(b) Where GSM has quoted a price for the Goods the price quoted shall be valid for 30\ndays only or such lesser time as GSM may specify.\n(c) GSM reserves the right, by giving notice to the Customer at any time before\ndelivery, to increase the price of the Goods to reflect any increase in the cost to\nGSM which is due to any factor beyond the control of GSM (such as, without\nlimitation, any foreign exchange fluctuation currency regulation, alteration of\nduties, significant increase in the costs of labour, materials or other costs of\nmanufacture), any change in delivery dates, quantities or specifications for the\nGoods which is requested by the Customer, or any delay caused by any instructions\nof the Customer or failure of the Customer to give GSM adequate information or\ninstructions.\n(d) The price is exclusive of any applicable value added tax or taxes or levies of a\nsimilar nature, which the Customer shall be additionally liable to pay to GSM.\n(e) Subject to any special terms agreed in writing between the Customer and GSM,\nGSM shall invoice the Customer for the price of the Goods on receipt of the order\nfrom the Customer.\n(f) The Customer shall pay the price of the Goods (less any discount or credit allowed\nby GSM, but without any other deduction credit or set off) within 30 days of the\ndate of GSM&#8217;s invoice or otherwise in accordance with such credit term as may have\nbeen agreed in writing between the Customer and GSM in respect of the\nAgreement. Payment shall be made on the due date notwithstanding that delivery\nmay not have taken place and\/or that the property in the Goods has not passed to\nthe Customer. The time for the payment of the price shall be of the essence of the\nAgreement. Receipts for payment will be issued only upon request.\n(g) All payments shall be made to GSM as indicated on the invoice issued by GSM.\n(h) GSM is not obliged to accept orders from any customer or Customer who has not\nsupplied GSM with references satisfactory to GSM; if at any time GSM is not\nsatisfied as to the creditworthiness of the Customer it may give notice in writing to\nthe Customer that no further credit will be allowed to the Customer in which event\nno further goods will be delivered to the Customer other than against cash\npayment and notwithstanding Clause 5(f) of these conditions, all amounts owing by\nthe Customer to GSM shall be immediately payable in cash.<\/p>\n6. Delivery<\/p>\n(a) Delivery of the Goods shall be made by GSM delivering the Goods to the place\nspecified in the Customer&#8217;s order and such location being accepted by GSM or, if no\nplace of delivery is so specified, by the Customer collecting the Goods at GSM&#8217;s\npremises at any time after GSM has notified the Customer that the Goods are ready\nfor collection.\n(b) Where delivery of the Goods shall be arranged by GSM using the Customer&#8217;s chosen\ncarrier, responsibility for the Goods, their delivery, any applicable charges, taxes,\nduties or similar costs relating to those Goods or their shipment passes to the Customer\nwhen the Goods are collected by the Customer&#8217;s chosen carrier.\n(c) Where the Goods are to be delivered in instalments, each delivery shall constitute\na separate Agreement and failure by GSM to deliver any one or more of the\ninstalments in accordance with these Conditions or any claim by the Customer in\nrespect of any one or more instalments shall not entitle the Customer to treat the\nAgreement as a whole as repudiated.\n(d) If the Customer fails to take delivery of the Goods or any part of them on the\nDelivery Date and\/or fails to provide any instructions, documents, licences,\nconsents or authorisations required to enable the Goods to be delivered on that\ndate, GSM shall be entitled upon given written notice to the Customer to store or\narrange for the storage of the Goods and then notwithstanding the provision of\nCondition 9(a) of these Conditions risk in the Goods shall pass to the Customer,\ndelivery shall be deemed to have taken place and the Customer shall pay to GSM all\ncosts and expenses including storage and insurance charges arising from such\nfailure.\n(e) If GSM fails to deliver the Goods or any of them by any agreed delivery date other\nthan for reasons outside GSM&#8217;s reasonable control or the Customer&#8217;s or its carrier&#8217;s\nfault:-\n(i) if GSM delivers the Goods at any time thereafter GSM shall have no liability in\nrespect of such late delivery;\n(ii) if the Customer gives written notice to GSM within 7 Working Days after any\nagreed delivery date and GSM fails to deliver the Goods within 7 Working Days\nafter receiving such notice the Customer may cancel the order and GSM&#8217;s\nliability shall be limited to the excess (if any) of the cost of the Customer (in\nthe cheapest available market) of similar goods to those not delivered over\nthe price of the Goods not delivered.<\/p>\n7. Inspection<\/p>\n(a) The Customer is under a duty whenever possible to inspect the Goods on delivery\nor on collection as the case may be.\n(b) Where the Goods cannot be examined the carriers note or such other note as\nappropriate shall be marked &#8220;unchecked&#8221;.\n(c) GSM shall be under no liability for any damage or shortages that would be apparent\non reasonable careful inspection if the terms of this clause are not complied with\nand, in any event will be under no liability if a written complaint is not delivered\nto GSM within 5 Working Days of delivery detailing the alleged damage or shortage.\n(d) In all cases where defects or shortages are complained of GSM shall be under no\nliability in respect thereof unless an opportunity to inspect the Goods is supplied to\nGSM before any use is made thereof or any alteration or modification is made\nthereto by the Customer.\n(e) Subject to Clause 8(c) and Clause 8(d), GSM shall make good any shortage in the\nGoods and where appropriate replace any goods damaged in transit as soon as it is\nreasonably able to do so, but otherwise shall be under no liability whatsoever\narising from such shortage or damage.<\/p>\n8. Cancellation<\/p>\n(a) GSM will make every effort, upon receipt of a request in writing, to change or\ncancel an order. If the order has not yet started the production process, no\nadditional charge or cancellation fees will be applied. In the case of changes,\nwhere orders have already begun the manufacturing process the setup fees may\nvary from the original quotation subject to your revised requirements. This\nparticular applies to screens and setup costs where plates or screens may already\nhave been made and also to changes once pre-production samples have been\nmanufactured. Any additional charges will be notified in writing prior to proceeding\nto full production of the order.\n(b) If the order has begun its production process, GSM is unable to stop or change the\norder. In such cases the Customer will be charged the original amount quoted for\nany orders cancelled at this stage.\n(c) Any changes in quantity ordered must be made in writing to GSM prior to\ncommencement of any order placement or production process by GSM or its\nsuppliers. Any increase in the order may be regarded as a separate Agreement, and\nas such a separately agreed delivery date may apply, unless written notification is\nreceived before work commences on the original order.<\/p>\n9. Risk and Title<\/p>\n(a) Risk of damage to or loss of the Goods shall pass to the Customer at:\n(i) in the case of Goods to be delivered at GSM&#8217;s premises, the time when GSM\nnotifies the Customer that the Goods are available for collection; or\n(ii) in the case of Goods to be delivered otherwise than at GSM&#8217;s premises, the\ntime of delivery or, if the Customer wrongfully fails to take delivery of the\nGoods, the time when GSM has tendered delivery of the Goods.\n(b) Notwithstanding delivery and the passing of risk in the Goods, or any other\nprovision of these Conditions, legal and beneficial title of the Goods shall not pass\nto the Customer until GSM has received in cash or cleared funds payment in full of\nthe price of the Goods.\n(c) Until payment has been made to GSM in accordance with these Conditions and title\nin the Goods has passed to the Customer, the Customer shall be in possession of the\nGoods as bailee for GSM and the Customer shall store the Goods separately and in\nan appropriate environment, shall ensure that they are identifiable as being\nsupplied by GSM and shall insure the Goods against all reasonable risks.\n(d) The Customer shall not be entitled to pledge or in any way charge by way of\nsecurity for any indebtedness any of the goods which remain the property of GSM,\nbut if the Customer does so all money owing by the Customer to GSM shall (without\nprejudice to any other right or remedy of GSM) forthwith become due and payable.\n(e) GSM reserves the right to repossess any Goods in which GSM retains title without\nnotice. The Customer irrevocably authorises GSM to enter the Customer&#8217;s premises\nduring normal business hours for the purpose of repossessing the Goods in which\nGSM retains title and inspecting the Goods to ensure compliance with the storage\nand identification requirements of sub-clause 9(c).\n(f) The Customer&#8217;s right to possession of the Goods in which GSM maintains legal and\nbeneficial title shall terminate if:\n(i) The Customer commits or permits any material breach of his obligations under\nthese Conditions;\n(ii) The Customer enters into a voluntary arrangement under Part 1 of the\nInsolvency Act 1986, or any other scheme or arrangement is made with his\ncreditors;\n(iii) The Customer is or becomes the subject of a bankruptcy order or takes\nadvantage of any other statutory provision for the relief of insolvent debtors;\n(iv) The Customer convenes any meeting of its creditors, enters into voluntary or\ncompulsory liquidation, has a receiver, manager, administrator or\nadministrative receiver appointed in respect of its assets or undertaking or\nany part thereof, any documents are filed with the court for the appointment\nof an administrator in respect of the Customer, notice of intention to appoint\nan administrator is given by the Customer or any of its directors or by a\nqualifying floating charge-holder (as defined in paragraph 14 of Schedule B1\nof the Insolvency Act 1986), a resolution is passed or petition presented to any\ncourt for the winding up of the Customer or for the granting of an\nadministration order in respect of the Customer, or any proceedings are\ncommenced relating to the insolvency or possible insolvency of the Customer.<\/p>\n10. Assignment<\/p>\n(a) GSM may assign the Agreement or any part of it to any person, firm or company.\n(b) The Customer shall not be entitled to assign the Agreement or any part of it\nwithout the prior written consent of GSM.<\/p>\n11. Customer&#8217;s Default<\/p>\n(a) If the Customer fails to make any payment on the due date then, without prejudice\nto any other right or remedy available to GSM, GSM shall be entitled to:-\n(i) cancel the order or suspend any further deliveries to the Customer;\n(ii) appropriate any payment made by the Customer to such of the Goods (or the\ngoods supplied under any other Agreement between the Customer and GSM) as\nGSM may think fit (notwithstanding any purported appropriation by the\nCustomer); and\n(iii) charge the Customer interest (both before and after any judgement) on the\namount unpaid, at the rate of two per cent per annum above Lloyds TSB plc\nbase rate from time to time, until payment in full is made (a part of a month\nbeing treated as a full month for the purpose of calculating interest).\n(b) This condition applies if:-\n(i) the Customer fails to perform or observe any of its obligations hereunder or is\notherwise in breach of the Agreement; or\n(ii) the Customer becomes subject to an administration order or makes any\nvoluntary arrangement with its creditors (within the meaning of the\nInsolvency Act 1986) or (being an individual or firm) becomes bankrupt or\n(being a company) goes into liquidation; or\n(iii) an encumbrancer takes possession, or a receiver is appointed, of any of the\nproperty or assets of the Customer; or\n(iv) the Customer ceases, or threatens to cease, to carry on business; or\n(v) GSM reasonably apprehends that any of the events mentioned above is about\nto occur in relation to the Customer and notifies the Customer accordingly.\n(c) If Condition 11(b) applies then, without prejudice to any other right or remedy\navailable to GSM, GSM shall be entitled to cancel the Agreement or suspend any\nfurther deliveries under the Agreement without any liability to the Customer, and if\nthe Goods have been delivered but not paid for the price shall become immediately\ndue and payable notwithstanding any previous agreement or arrangement to the\ncontrary.<\/p>\n12. Limitation of Liability<\/p>\n(a) Subject to condition 6 and condition 11, the following provisions set out the entire\nfinancial liability of GSM (including any liability for the acts or omissions of its\nemployees, agents and sub-contractors) to the Customer in respect of:\n(i) any breach of these conditions;\n(ii) any use made (including but not limited to modifications) or resale by the\nCustomer of any of the Goods, or of any product incorporating any of the\nGoods; and\n(iii) any representation, statement or tortious act or omission including negligence\narising under or in connection with the Agreement.\n(b) All warranties, conditions and other terms implied by statute or common law (save\nfor the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the\nfullest extent permitted by law, excluded from the Agreement.\n(c) Nothing in these conditions excludes or limits the liability of GSM:\n(i) for death or personal injury caused by GSM&#8217;s negligence; or\n(ii) for any matter which it would be illegal for GSM to exclude or attempt to\nexclude its liability; or\n(iii) for fraud or fraudulent misrepresentation.\n(d) Subject to condition 12(b) and condition 12(c):\n(i) GSM&#8217;s total liability in contract, tort (including negligence or breach of\nstatutory duty), misrepresentation, restitution or otherwise, arising in\nconnection with the performance or contemplated performance of the\nAgreement shall be limited to the Agreement price; and\n(ii) GSM shall not be liable to the Customer for any pure economic loss, loss of\nprofit, loss of business, depletion of goodwill or otherwise, in each case\nwhether direct, indirect or consequential, or any claims for consequential\ncompensation whatsoever (howsoever caused) which arise out of or in\nconnection with the Agreement.<\/p>\n13. Confidentiality, Publications and Endorsements<\/p>\n(a) The Customer undertakes to GSM that:-\n(i) the Customer will regard as confidential the Agreement and all information\nobtained by the Customer relating to the business and\/or products of GSM and\nwill not use or disclose to any third party such information without GSM&#8217;s prior\nwritten consent provided that this undertaking shall not apply to information\nwhich is in the public domain other than by reason of the Customer&#8217;s default;\n(ii) the Customer will not use or authorise or permit any other person to use any\nname, trademark, house mark, emblem or symbol which GSM is licensed to\nuse or which is owned by GSM upon any premises note paper visiting cards\nadvertisement or other printed matter or in any other manner whatsoever\nunless such use shall have been previously authorised in writing by GSM and\n(where appropriate) its Licensor;\n(iii) the Customer will use all reasonable endeavours to ensure compliance with\nthis Condition by its employees, servants and agents.\n(b) This Condition shall survive the termination of the Agreement.<\/p>\n14. Communications<\/p>\n(a) All communications between the parties about the Agreement shall be in writing\nand delivered by hand or sent by pre-paid first class post or sent by fax or sent by\nelectronic mail:\n(i) (in the case of communications to GSM) to its registered office or such\nalternative address as shall be notified to the Customer by GSM; or\n(ii) (in the case of the communications to the Customer) to the registered office\nof the addressee (if it is a company) or (in any other case) to any address of\nthe Customer set out in any document which forms part of the Agreement or\nsuch other address as shall be notified to GSM by the Customer.\n(b) Communications shall be deemed to have been received:\n(i) if sent by pre-paid first class post, two Working Days after posting (exclusive\nof the day of posting); or\n(ii) if delivered by hand, on the day of delivery; or\n(iii) if sent by fax or electronic mail on a Working Day prior to 4.00 pm, at the\ntime of transmission and otherwise on the next Working Day.\n(c) Communications addressed to GSM shall be marked for the attention of \u2018The\nDirectors\u2019.<\/p>\n15. Force Majeure<\/p>\n(a) In the event that either party is prevented from fulfilling its obligations under this\nAgreement by reason of any supervening event beyond its control including but not\nlimited to war, national emergency, flood, earthquake, strike or lockout (subject to\nSub-clause 15(b)) the party shall not be deemed to be in breach of its obligations\nunder this Agreement. The party shall immediately give notice of this to the other\nparty and must take all reasonable steps to resume performance of its obligations.\n(b) Sub-clause 15(a) shall not apply with respect to strikes and lockouts where such\naction has been induced by the party so incapacitated.\n(c) Each party shall be liable to pay to the other damages for any breach of this\nAgreement and all expenses and costs incurred by that party in enforcing its rights\nunder this Agreement.\n(d) If and when the period of such incapacity exceeds 6 months then this Agreement\nshall automatically terminate unless the parties first agree otherwise in writing.<\/p>\n16. Waiver<\/p>\nNo waiver by GSM of any breach of the Agreement by the Customer shall be considered\nas a waiver of any subsequent breach of the same or any other provision.<\/p>\n17. Severance<\/p>\nIf any provision of these Conditions is held by any competent authority to be invalid or\nunenforceable in whole or in part the validity of the other provisions of these Conditions\nand the remainder of the provision in question shall not be affected thereby.<\/p>\n18. Third Party Rights<\/p>\nA person who is not a party to the Agreement shall have no rights under the Agreement\npursuant to the Contracts (Rights of Third Parties) Act 1999.<\/p>\n19. Governing Law and Jurisdiction<\/p>\nThe Agreement shall be governed by the laws of England and the parties agree to submit\nto the exclusive jurisdiction of the English courts.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>TERMS AND CONDITIONS TERMS AND CONDITIONS OF TRADE 1. Basis of Agreement (a) Gift Set and Match Limited (GSM) shall sell and the Customer shall purchase the Goods in accordance with any quotation or offer from GSM which is accepted by the Customer, or any order of the Customer which is accepted by GSM. (b) [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-1312","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=\/wp\/v2\/pages\/1312","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1312"}],"version-history":[{"count":53,"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=\/wp\/v2\/pages\/1312\/revisions"}],"predecessor-version":[{"id":1846,"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=\/wp\/v2\/pages\/1312\/revisions\/1846"}],"wp:attachment":[{"href":"https:\/\/giftsetandmatch.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1312"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}