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White Horse Energy Terms and Conditions

1. RELEVANT PARTIES
1.1. White Horse Wholesale is a trading name of White Horse Bedding Ltd. Company No. 7014905 and VAT reg No. GB977 572265. White Horse Bedding Ltd. has its registered office at Unit 5 Cirencester Office Park, Tetbury Road, Cirencester GL7 6JJ. Telephone. 01285 402 000 Email: wholesale@whitehorseenergy.co.uk
1.2. Any orders placed on the White Horse Wholesale site create a contract between White Horse Wholesale and the customer placing the order.

2. WHOLESALER RELATIONSHIPS
2.1. We may ask the customer to prove the existence of your business and the sales methods that the customer use in order for White Horse Wholesale to establish that the customer are a retailer. This may include, amongst other things, the customer providing to White Horse Wholesale the address of your retail outlet and/or a digital photograph of your store front, and/or details of the URL of your website from which the customer operate your own e-commerce enabled webstore.
2.2. White Horse Wholesale uses selected suppliers to produce products for provisions to resellers. The arrangement between White Horse Wholesale and its suppliers represents a key element of our competitive advantage and intellectual property, and these Conditions are designed to protect those relationships. By agreement to these Conditions, the customer agree that the customer will not approach or purchase from any supplier that has been involved in the production or manufacturing of products purchased through White Horse Energy.
2.3. Any breach of condition 2.2 will entitle White Horse Wholesale to compensation of a sum no less than 20% of the purchase price paid to White Horse Wholesale in question, for a period of 24 months following completion of the last contract between the customer and White Horse Wholesale.


3. BASIS OF SALE
3.1. These Terms and Conditions set out the entire relationship between White Horse Wholesale and the customer, for the sale of goods.
3.2. These Conditions shall govern and be incorporated into every Contract, and shall prevail over any terms or conditions (whether or not inconsistent with these Conditions) contained or referred to in any correspondence, Order, documentation submitted by the Customer or elsewhere or implied by custom, practice or course of dealing.
3.3. Any samples, drawings, descriptions or advertising that appear on White Horse Wholesale’s web site or in any marketing material, are provided to give the customer an approximation of the goods they represent. They do not form part of the contract between the two parties.
3.4. The customer is considered to have placed an order and entered a binding contract with White Horse Wholesale when the customer has:
Ticked that the customer has accepted the Terms and Conditions on the website; and/or Provided a Purchase Order number, and/or Made payment for the goods ordered.
3.5. White Horse Wholesale have the right to revise and amend these Terms and Conditions as White Horse Wholesale see fit. The customer will always be bound by the terms and conditions that were active at the time the order was placed.
3.6. White Horse Wholesale intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between White Horse Wholesale and the customer. While White Horse Wholesale accept responsibility for statements and representation made by Our duly authorised employees, please ensure that the customer ask for any variations from these Terms to be confirmed to the customer in writing to avoid any confusion. If the customer thinks that there is a mistake or require any changes to be made to these Terms, please contact White Horse Wholesale to discuss this as soon as possible.

4. QUOTATIONS AND ACCEPTANCE
4.1. A quotation by White Horse Wholesale does not constitute an offer and White Horse Wholesale reserves the right to revise a quotation prior to acceptance of an Order.
4.2. White Horse Wholesale's acceptance of any Order shall be effective only where such acceptance is in writing on White Horse Wholesale's order acceptance form and signed by an authorised representative of White Horse Wholesale or, if earlier, White Horse Wholesale delivers the Goods to the Customer.


5. PAYMENT
5.1. The Customer may apply for a credit account with the White Horse Wholesale by completing and returning the Credit Application Form. Subject to acceptable credit references being obtained by White Horse Wholesale, such credit may be used in connection with any Contract between the Customer and White Horse Wholesale. White Horse Wholesale is under no obligation to grant such credit facility and may at any time withdraw or reduce such credit facility.
5.2. The Customer shall make all payments due to White Horse Wholesale in pounds sterling direct into our bank account, with all accounts to be settled in full, no later than the 15th day of the month after the invoice date. No payment shall be deemed to have been received until White Horse Wholesale has received cleared funds.
5.3. Time of payment is of the essence of a Contract and White Horse Wholesale will suspend the provision of Goods to the Customer where any amounts are overdue under any Contract until all such amounts have been paid.
5.4. The Customer is not entitled to withhold payment of any amount due to White Horse Wholesale by way of any set-off or counter claim.
5.5. If the Customer fails to pay any amount due to White Horse Wholesale under any Contract on the due date, interest shall be added on the amount unpaid from the date on which it was due at the rate of 2% interest per month (or part of month) until payment is made in full.
5.6. White Horse Wholesale will also charge a fixed sum for the cost of recovering a late payment. In line with the Late Payment of Commercial Debts (interest) Act 1998 a one off payment of £40 will be issued for outstanding debt up to £999.99 and £70 will be charged for outstanding debt of £1,000+. A late payment invoice will be raised the first working day once outstanding credit becomes due.
5.7. If, in White Horse Wholesale’s view, the Customer's credit-worthiness deteriorates before delivery of the Goods, White Horse Wholesale may require payment in full or in part prior to delivery, or the provision of security for payment by the Customer in such form as is acceptable to White Horse Wholesale.
5.8. White Horse Wholesale reserves the right to alter or withdraw at any time any credit allowed to the Customer. If the credit facility is reduced or withdrawn, all debts owed to White Horse Wholesale by the Customer shall become immediately due and payable.
5.9. Notwithstanding any appropriation by the Customer to the contrary, all payments made by the Customer to White Horse Wholesale shall be appropriated first to Goods which have been resold by the Customer and then to Goods which remain in the Customer's possession or control.
5.10. If there is any outstanding dispute between the customer and White Horse Wholesale, the dispute will be settled completely independently of any credit payments due using the Dispute Resolution Process

6. DELIVERY
6.1. The contract between White Horse Wholesale and the customer will be deemed to be fulfilled on delivery of your order in good condition. Where the order is not delivered in good condition, the contract between White Horse Wholesale and the customer will be deemed to be fulfilled, upon receipt by the customer of any refund due to them, as a function of the customer having notified White Horse Wholesale of any damage to the order, in accordance with these Terms and Conditions.
6.2. The goods will be considered to be delivered in a fit state where you, the customer, has signed the delivery note confirming the safe delivery of the order.
6.3. Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature, the contract will be seen as completed, regardless of the actual state of goods. Delivery will be deemed to have been made at the time stated on the delivery note.
6.4. We strongly advise against customers requesting unattended deliveries.
6.5. We use a 3rd party haulier to deliver all orders. Any liability arising from the delivery process lies strictly with the haulier.
6.6. All pallet based deliveries are delivered to the kerbside. While our delivery company will normally go to great lengths to ensure that your delivery is placed where the customer require it, the contract between yourself and White Horse Wholesale includes delivery to kerbside only. Please ensure that the customer have the means to move the pallet(s) and their goods from the kerbside to a suitable storage location. Please consult the delivery page to see the required access conditions for deliveries.

7. DELIVERY TIME FRAMES
7.1. We provide guidelines as to the expected delivery schedule of the relative delivery services offered by White Horse Wholesale. Please note that in all cases the timeframes given are guides only. White Horse Wholesale will not be held liable, if for whatever reason, a delivery does not arrive within an expected period.
7.2. All orders received on a standard working day prior to 4pm are dispatched that day, subject to stock availability. White Horse Wholesale endeavors to maintain a positive stock balance on all lines throughout the year.
7.3. Standard Delivery – Orders placed on a standard delivery basis for delivery within mainland England and Wales will typically arrive on the third or fourth working day, including the day of dispatch (i.e. Monday pre 4pm order should be delivered by Wednesday or Thursday, but may be sooner). Deliveries to areas outside mainland England and Wales can take longer than 4 working days, but should not take longer than 6 working days.
7.4. Premium delivery – orders placed on Premium delivery will be delivered the next working day after the day of dispatch. During peak periods (pre-Christmas, etc) when the delivery page indicates a reduced service, the Premium service may operate with delivery within 2 working days of dispatch.
7.5. We are unable to honour any specific delivery date requested in the delivery notes. Where a customer requests delivery on a specific day in the delivery notes White Horse Wholesale will pass this request on to the hauliers, but the order will still be delivered as per our standard terms for that delivery service. Where a delivery is made contrary to the request in the delivery notes with respect to a specified day of delivery, White Horse Wholesale will entertain no liability for failing to comply with that request. Customers who require a specific day of delivery are requested to call the office and request a timed delivery (at a cost of £20+vat).

8. RETURNS
8.1. White Horse Wholesale reserves the absolute right to refuse to accept the return of any Goods (where such return is not as a result of the Goods being defective) but shall have the discretion to accept the return of Goods from the Customer and refund the appropriate cost of the Goods (less a minimum restocking charge of 10% of the cost of the Goods) if such return is supported by the invoice number or delivery note number of the Goods in question.
8.2. In order for White Horse Wholesale to accept the return of Goods by the Customer, such Goods must be:
8.2.1. in a re-saleable condition, accompanied by original packaging in a resalable condition
8.2.2. within the relevant shelf life for such Goods; and
8.2.3. complete and as sold, in unopened, full and original packaging.
8.3. Any credit granted by White Horse Wholesale to a Customer for returned Goods shall be offset against other purchases from White Horse Wholesale and no cash refund will be given by White Horse Wholesale for returned Goods.

9. RISK AND TITLE
9.1. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
9.2. Until title to the Goods passes to the Customer under Condition 9.1, the Customer shall:
9.2.1. hold the Goods on a fiduciary basis as White Horse Wholesale's bailee;
9.2.2. store the Goods (at no cost to White Horse Wholesale) separately from all other goods and readily identifiable as the property of White Horse Wholesale;
9.2.3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
9.2.4. maintain the Goods in satisfactory condition; and
9.2.5. not attach the Goods to any other property without White Horse Wholesale's consent.
9.3. If the Customer resells any Goods in which title has not passed to the Customer, such resale shall be in the ordinary course of the Customer's business at full market value.
9.4. At any time before title to the Goods passes to the Customer (whether any payment to White Horse Wholesale is then overdue or the Customer is otherwise in breach of any obligation to White Horse Wholesale), White Horse Wholesale may (without prejudice to any other of its rights):
9.4.1. retake possession of all or any part of the Goods and enter any premises for that purpose (or authorise others to do so) which the Customer hereby authorises;
9.4.2. require delivery up to it of all or any part of the Goods.
9.5. White Horse Wholesale may at any time appropriate sums received from the Customer as it thinks fit, notwithstanding any purported appropriation by the Customer.
9.6. The Customer grants White Horse Wholesale, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them or where the Customer's right to possession has terminated, to recover them.
9.7. From the time of delivery until title in the Goods passes to the Customer in accordance with Condition 9.1, the Customer shall insure the Goods for their full value with a reputable insurer and, if White Horse Wholesale so requests, ensure that White Horse Wholesale's name is noted on the insurance policy. Until title in the Goods passes to the Customer, the Customer shall hold the proceeds of any claim on such insurance policy on trust for White Horse Wholesale and shall immediately account to White Horse Wholesale with the proceeds.
9.8. On termination of the Contract, howsoever caused, White Horse Wholesale's (but not the Customer's) rights contained in this condition 9 shall remain in effect.

10. WARRANTY AND LIABILITY
10.1. White Horse Wholesale warrants that the Goods will upon delivery:
10.1.1. comply (to the extent the Customer is a Consumer) with the implied terms of the Consumer Rights Act 2015 to the extent it relates to quality, fitness for purpose and description;
10.1.2. comply with their specification;
10.1.3. be substantially free from defects in materials and workmanship.
10.2. The warranties in Condition 10.1 are given on the condition that White Horse Wholesale is not liable for a defect in the Goods:
10.2.1. caused by fair wear and tear, abnormal or unsuitable conditions of storage or use or an act, neglect or default of the Customer or a third party;
10.2.2. if the Customer makes any further use of such Goods after notifying White Horse Wholesale of the defect; or
10.2.3. which has been specifically drawn to the Customer’s attention prior to the Contract being concluded; or
10.2.4. unless it is notified to White Horse Wholesale within 15 Working Days of the date of delivery or, if the defect would not be apparent on reasonable inspection, within one month of the date of delivery; or
10.3. White Horse Wholesale is not liable for:
10.3.1. non-delivery unless the Customer notifies White Horse Wholesale of the claim within 2 Working Days of the date of White Horse Wholesale's invoice
10.3.2. shortages in quantity delivered in excess of those permitted by Condition 10.2 unless the Customer notifies White Horse Wholesale of a claim within 2 Working Days of receipt of the Goods
10.3.3. damage to or loss of all or part of the Goods in transit unless the Customer notifies White Horse Wholesale within:2 Working Days of receipt of the Goods
10.4. Except as set out in this Condition 10 all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, use of or failure to supply the Goods are excluded to the extent permitted by law.
10.5. Subject to the provisions in Condition 10.7 below, White Horse Wholesale is not liable to the Customer in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise for any of the following losses or damages, whether direct or indirect, and even if such losses and/or damages were foreseen, foreseeable or known, or White Horse Wholesale was advised of the possibility of them in advance:
10.5.1. loss or damage incurred by the Customer as a result of third party claims;
10.5.2. loss of actual or anticipated profits;
10.5.3. loss of business opportunity;
10.5.4. loss of anticipated savings;
10.5.5. loss of goodwill; or
10.5.6. any indirect, special or consequential loss or damage howsoever caused.
10.6. The entire liability of White Horse Wholesale under or in connection with the use of, supply of or failure to supply the Goods, whether for negligence, breach of contract, misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the net amount invoiced to the Customer for the defective, damaged or undelivered Goods which gave rise to such liability.
10.7. Nothing in these Conditions shall operate to exclude or restrict White Horse Wholesale's liability for:
10.7.1. death or personal injury resulting from negligence;
10.7.2. breach of the obligations arising from section 12 of the Sale of Goods Act 1979;
10.7.3. fraud, fraudulent misrepresentation or deceit;
10.7.4. any other liability which cannot be excluded or restricted at law.

11. TERMINATION
11.1. On or at any time after the occurrence of any of the events in Condition 11.2, White Horse Wholesale may:
11.1.1. stop any Goods in transit;
11.1.2. suspend further deliveries to the Customer;
11.1.3. exercise its rights under condition 9
11.1.4. terminate any Contract forthwith by giving notice to that effect to the Customer.
11.2. The events are:
11.2.1. the Customer being in material breach of any obligation under a Contract or these Conditions;
11.2.2. a meeting being convened, a petition presented, an order made, an effective resolution passed, or notice given for the Customer's winding up or dissolution (other than for the sole purpose of solvent amalgamation and reconstruction); or
11.2.3. an application being made, or resolved to be made by any meeting of the Customer's directors or members, for an administration order in relation to it or any party gives or files notice of intention to appoint an administrator of it or such an administrator being appointed; or
11.2.4. an incumbrancer taking possession, or a receiver or manager or administrative receiver being appointed, of the whole or any part of the Customer's assets; or
11.2.5. the Customer ceasing or suspending payment of any of its debts or being unable to pay its debts as they fall due within the meaning of section 123 of the Insolvency Act 1986; or
11.2.6. a proposal being made for a composition in satisfaction of the Customer's debts or a scheme or arrangement of its affairs including a voluntary arrangement within the meaning of part I of the Insolvency Act 1986.
11.3. On termination of a Contract pursuant to Condition 11.2 or 13.2, any indebtedness of the Customer to White Horse Wholesale shall become immediately due and payable and White Horse Wholesale is relieved of any further obligation to supply Goods to the Customer pursuant to that Contract.
11.4. In the case of a Distance Contract where the Customer is dealing as a Consumer, the Customer shall have the right to cancel the Order for 14 days following delivery of the Goods by White Horse Wholesale ("Cancellation Right").
11.5. The exercise of the Cancellation Right by the Customer will be effective to terminate the Contract if written notice of the exercise of the Cancellation right is received by White Horse Wholesale within 14 days of delivery of the Goods.
11.6. Following the exercise of the Cancellation Right, the Customer must ensure that all Goods delivered under the Contract are returned to White Horse Wholesale within 14 days and White Horse Wholesale reserves the right to charge the Customer for the cost of recovering any Goods from them.

12. CONFIDENTIALITY AND SPECIFICATIONS
12.1. The Customer shall treat all product, customer or business information, drawings, designs and specifications submitted to it by White Horse Wholesale as confidential and shall not disclose them to any third party without White Horse Wholesale's prior written consent or use them for any purpose except where authorised to do so by White Horse Wholesale.
12.2. Condition 12.1 does not apply to information which:
12.2.1. is at the date of disclosure or becomes at any time after that date publicly known other than by the Customer's breach of this Condition;
12.2.2. can be shown by the Customer to White Horse Wholesale's satisfaction to have been known by the Customer before disclosure by White Horse Wholesale to the Customer;
12.2.3. is or becomes available to the Customer otherwise than from White Horse Wholesale and free of any restrictions as to its use or disclosure;
12.2.4. is required to be disclosed by law.
12.3. All drawings, designs, specifications and other particulars of dimensions or weight submitted by White Horse Wholesale are approximate only and White Horse Wholesale accepts no liability for any deviation from them, nor for any errors, omissions or other defects in any such materials not prepared by White Horse Wholesale.

13. FORCE MAJEURE
13.1. In this Condition 13, "Force Majeure Event" means any circumstance beyond the control of White Horse Wholesale including, but not limited to acts of God, fire, explosion, adverse weather conditions, epidemic, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power and delays by suppliers or materials shortages but, for the avoidance of doubt, nothing shall excuse the Customer from any payment obligations under these Conditions.
13.2. If White Horse Wholesale is prevented, hindered or delayed from or in supplying the Goods under these Conditions by a Force Majeure Event:
13.2.1. White Horse Wholesale may, at its sole option, and without being liable for any loss or damage suffered by the Customer as a result:
13.2.1.1. suspend deliveries while the Force Majeure Event continues;
13.2.1.2. apportion available stocks of Goods between its customers if White Horse Wholesale has insufficient stocks to meet orders;
13.3. both White Horse Wholesale and, where dealing as a Consumer only, the Customer, may terminate any Contract forthwith by giving notice to that effect to the other

14. ASSIGNMENT
14.1. You may not assign or transfer your rights or obligations under these Terms to any other party without the written consent of White Horse Wholesale.
14.2. These Terms will apply to any contract between White Horse Wholesale for the sale of Products to the customer and replace and supersedes any previous terms and conditions. White Horse Wholesale reserve the right to revise these Terms from time to time. Every time the customer wish to order Products, please check these Terms to ensure the customer understand the terms which will apply at that time.

15. NOTICES & DISPUTES
15.1. Any notice given by one party to the other in connection with a Contract must be in writing and may be delivered personally or by pre-paid first class post and in the case of post will be deemed to have been given 2 Working Days after the date of posting. Notices shall be delivered or sent to Unit 5 Cirencester Office Park, Tetbury Road, Cirencester GL7 6JJ in the case of the Supplier and delivered or sent to the last known address of the Customer or to any other address notified in writing by one party to the other. Each party may specify by notice to the other a particular individual or office holder to whom any notices served on it are to be addressed, in which case a notice shall not be validly given unless so addressed.
15.2. The Customer may submit a dispute against White Horse Wholesale using the Dispute Resolution Process
15.2.1. Disputes are classified as any disagreement between White Horse Wholesale and our customers, regarding the service, invoicing, delivery, timeframe or actual product supplied.
15.2.2. Disputes must be actively resolved by both parties by following the attached process, which works in conjunction to the published terms and conditions of sale.
15.3. Issues with receipt of invoice
Upon receipt of an order, an invoice will be automatically generated and sent via e mail or post to the customer.
If the customer has any queries with the invoice e.g. incorrectly priced products or quantities, they need to contact White Horse Wholesale within 1 working day.
Similarly, if White Horse Wholesale identifies a problem with a generated invoice, they will need to contact the customer within 1 working day.
White Horse Wholesale will (if necessary) hold the delivery within the network until the dispute is resolved.
White Horse Wholesale will respond to the customer’s query within 1 working day, and if necessary provide an amended invoice.
If no invoice query is raised by the customer, the price quoted on the invoice is taken as the correct price, rather than any previously quoted figure.
15.4. Issues with delivery timeframes
White Horse Wholesale will provide guidelines as to the expected delivery schedules for container deliveries, but will not be held liable if, for whatever reason, a delivery does not arrive within an expected period.
For container orders using credit, even if the container has been delayed from original delivery schedule, payment will still be expected by the account due date.
15.5. Issues with delivery
White Horse Wholesale use a 3rd party haulier to deliver all orders. Any liability arising from the delivery process lies strictly with the haulier and not with White Horse Wholesale.
15.6. Issues with receipt of product
Upon receipt of products, if there is an issue with the products, the customer needs to sign the delivery note and/or contact White Horse Wholesale by phone or e mail and indicate the nature of the problem.
The customer will need to contact White Horse Wholesale within 2 working days to inform of issue and provide photographic evidence to support issue.
White Horse Wholesale will respond to the customer’s query within 2 working days with a proposed solution.
The customer will need to need to either accept or reject the proposed solution within 2 working days.
White Horse Wholesale will either implement the proposed solution or suggest an alternative solution within 1 working day.
15.7. Issues with product quality
It is the customer’s responsibility to ensure that the goods are suitable for the use to which they put them to. In the unlikely event that the goods provided do not conform to these terms, contact White Horse Wholesale as soon as possible. If the goods do not conform -
15.7.1. White Horse Wholesale will respond to the customer’s query within 2 working days with a proposed solution to - Remove the goods at White Horse Wholesale’s cost and provide the customer with a full refund for the value of the goods that have been removed; or Replace the goods at White Horse Wholesale’s cost, or Provide the customer with a part refund to compensate for the non-conformity
15.7.2. If the goods in question are covered by ENplus or FSC® accreditation and the customer is not satisfied with the response provided by White Horse Wholesale, then the customer is entitled to approach the relevant bodies directly
15.8. The aim of this dispute resolution process is to identify realistic time frames in which disputes can be settled, so that disputes can be settled in a timely manner and not impact on any other areas of the business e.g. settlement of credit accounts.
15.9. If disputes cannot be settled within the process and disputes are open for longer than 10 working days, the case will be referred to a dispute resolution service with costs shared between both White Horse Wholesale and the customer.

16. SEVERANCE
16.1. If any of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Conditions which shall remain in full force and effect.
16.2. If any of these Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.

17. THIRD PARTIES
17.1. A person who is not party to a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Contract. This Condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

18. WAIVER
18.1. The rights and remedies provided by any Contract may be waived only in writing and specifically, and any failure to exercise or any delay in exercising a right or remedy by the Supplier shall not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver of any breach of any of the terms of a Contract or of a default under a Contract shall not constitute a waiver of any other breach or default and shall not affect the other terms of such Contract.

19. VARIATION
19.1. No variation or alteration of any of the provisions of a Contract or these Conditions shall be effective unless it is in writing and signed by or on behalf of each party.

20. ENTIRE AGREEMENT
20.1. These Conditions together with the Contract constitute the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes cancels and nullifies any previous agreement between the parties relating to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
20.2. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Conditions. The only remedy available to the Customer in respect of any such statement, representation, warranty or understanding shall be for breach of contract under these Conditions.
21. GOVERNING LAW AND JURISDICTION
21.1. A Contract and any matter arising from or in connection with it shall be governed by and construed in accordance with English law.
21.2. Each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any claim or matter arising from or in connection with a Contract or the legal relationships established by or in connection with such Contract.

WEBSITE USE
22. CONTENT
22.1. International copyright and trademark laws protect the entire contents of the site. the customer may not reproduce, republish, modify, copy, transmit, upload, post, or distribute, in any manner, the material on the site, including text, graphics and code without prior written approval from the company.
22.2. Whilst White Horse Wholesale take every care to ensure that the content of this website is accurate, some of the information contained is supplied to White Horse Wholesale by third parties and as such White Horse Wholesale are not able to completely verify the accuracy of all of the contents. the customer is advised to independently verify any information contained on this website before acting on it. This applies to all product categories, guidelines on use, storage, delivery etc.

23. INTELLECTUAL PROPERTY RIGHTS
23.1. White Horse Wholesale are the owners or the licensee of all intellectual property rights in White Horse Wholesale site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
23.2. Customers may print off one copy, and may download extracts, of any page(s) from White Horse Wholesale site for personal reference and the customer may draw the attention of others to material posted on White Horse Wholesale site.
23.3. Customers must not modify the paper or digital copies of any materials the customer have printed off or downloaded in any way, and the customer must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
23.4. White Horse Wholesales status as the authors of material on White Horse Wholesale site must always be acknowledged.
23.5. Customers must not use any part of the materials on White Horse Wholesale site for commercial purposes without obtaining permission from White Horse Wholesale.
23.6. If customers print off, copy or download any part of White Horse Wholesales site in breach of these terms of use, the right to use White Horse Wholesale site will cease immediately and the customer must, at White Horse Wholesales option, return or destroy any copies of the materials the customer have made.
23.7. Commentary and other materials posted on White Horse Wholesale site are not intended to amount to advice on which reliance should be placed. White Horse Wholesale therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any guest or registered user, or by anyone who may be informed of any of its contents.

25. ERRORS/OMISSIONS
25.1. In the event of an error or omission on the website, material or not, White Horse Wholesale reserve the right to amend or cancel any order in to resolve the issue.
25.2. In the event a customer becomes aware of an error or omission on the website, they will contact White Horse Wholesale immediately to inform White Horse Wholesale of the error.

26. ACCESSING WHITE HORSE WHOLESALE SITE
26.1. Customers do not need to register to view White Horse Wholesale site, however, in order to view pricing information and place an order the customer must register with White Horse Wholesale by completing the New User Registration Form on the White Horse Wholesale site and completing relevant information which will help White Horse Wholesale target specific products and services for your needs. By visiting White Horse Wholesale site and completing the New User Registration Form it will be deemed that the customer has read and, agreed to abide by, these terms and conditions.
26.2. Access to White Horse Wholesale site is permitted on a temporary basis, and White Horse Wholesale reserve the right to withdraw or amend the service White Horse Wholesale provide on White Horse Wholesale site without notice. White Horse Wholesale will not be liable if for any reason White Horse Wholesale site is unavailable at any time or for any period.
26.3. If the customer is provided with a user identification code, password or any other piece of information as part of White Horse Wholesale security procedures, the customer must treat such information as confidential, and the customer must not disclose it to any third party. White Horse Wholesale have the right to disable any user identification code or password, whether chosen by the customer or allocated by us, at any time, if in White Horse Wholesales opinion the customer has failed to comply with any of the provisions of these terms of use.
26.4. The customer is responsible for making all arrangements necessary to have access to White Horse Wholesale site. The customer is also responsible for ensuring that all persons who access White Horse Wholesale site through their internet connection are aware of these terms, and that they comply with them.

27. VIRUSES, HACKING AND OTHER OFFENCES
27.1. Customers must not misuse White Horse Wholesale site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. the customer must not attempt to gain unauthorised access to White Horse Wholesale site, the server on which White Horse Wholesale site is stored or any server, computer or database connected to White Horse Wholesale site. the customer must not attack White Horse Wholesale site via a denial-of-service attack or a distributed denial-of service attack.
27.2. By breaching this provision, the customer would commit a criminal offence under the Computer Misuse Act 1990. White Horse Wholesale will report any such breach to the relevant law enforcement authorities and White Horse Wholesale will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use White Horse Wholesale site will cease immediately.
27.3. White Horse Wholesale will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of White Horse Wholesale site or to your downloading of any material posted on it, or on any website linked to it.

28. LINKING TO WHITE HORSE WHOLESALE SITE
28.1. Customers may link to White Horse Wholesale home page, provided the customer do so in a way that is fair and legal and does not damage White Horse Wholesale reputation or take advantage of it, but the customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on White Horse Wholesale part where none exists.
28.2. Customers must not establish a link from any website that is not owned by them
28.3. White Horse Wholesales site must not be framed on any other site, nor may the customer create a link to any part of White Horse Wholesale site other than the home page. White Horse Wholesale reserve the right to withdraw linking permission without notice.