Terms and Conditions
1. In General
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.izbeauty.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
By using Our Site, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of Our Site.
Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
||means a contract for the purchase and sale of Goods, as explained in Clause 8;
||means our acceptance and confirmation of your Order;
||means the goods sold by Us through Our Site;
||means your order for Goods;
||means the iZ Beauty of London brand, owner by Izabelle Hammon Ltd, a company registered in England under 3520824 whose registered address is Unit 36-37, Goulds Close, MK1 1EQ.
2. Access to and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
You must not misuse Our Site. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through Our Site. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. iZ Beauty of London will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We 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 Our Site or to your downloading of any material posted on it, or on any website linked to it.
The use of automated systems or software to extract data from Our Site for commercial purposes, ('screen scraping') is prohibited without license.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through Our Site remains the property of Izabelle Hammon Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Izabelle Hammon Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Our Site nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Izabelle Hammon Ltd or its licensors. iZ Beauty of London™ are trademarks belonging to Izabelle Hammon Ltd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Izabelle Hammon Ltd.
5. Business Customers
These Terms and Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer, please register for a business account on www.izabellehammon.com
6. International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
7. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
In order to contract with Izabelle Hammon Ltd t/a iZ Beauty of London you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Izabelle Hammon Ltd retains the right to refuse any request made by you, and reserves the right to close your iZ Beauty of London account at its sole discretion. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
Goods, Pricing and Availability
- We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
- Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
- Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
- Product designs and quantities may vary slightly due to manufacturing processes.
- Please note that sub-Clause A (i.) does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
- Where appropriate, you may be required to select the required size, model, colour, or number, of the Goods that you are purchasing.
- We neither represent nor warrant that Goods will be available. Stock indications will be provided on Our Site, however such indications may not take into account sales that may have taken place during your visit to the website.
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated daily. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.6 regarding VAT, however).
- All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
- We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of the same in writing.
- ii. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
- All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please refer to Delivery Terms. Delivery options and related charges will be presented to you as part of the order process.
Orders - How Contracts Are Formed
- Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
- Dispatch Confirmations shall contain the following information:
- Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
- Estimated delivery date(s) and time(s);
- We will also include a paper copy of the Dispatch Confirmation with your Goods.
- If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 3- 5 Working Days.
- Discount Codes
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
These T&Cs relate to all iZ Beauty of London promotions, competitions and discount codes (unless otherwise stated).
- Only one promotion code can be used per order. A promotional code can't be used after an order has been placed.
- Maximum pre-discount speed may apply. See specific coupon T&Cs for details.
- A promotion code can't be used after an order has been placed.
- If the promotional code has expired, then you shouldn’t try to use it. Also you can’t swap your promotional code for cash.
- If you’ve been given a promotional discount code, then it can only be used by you on your own iZ Beauty of London account for the purpose for which it was issued.
- You shouldn’t pass your promotional code around your friends, or post it in a forum – you should keep it confidential and only use it for your own purchases through Our Site.
- Look after your promotional code, because we are not obliged to provide you with a replacement and abuse of the code if it inadvertently gets lost and used by someone else will result in its cancellation.
- Maximum pre-discount spend limit of £500 applies per order using promotional codes.
- Brand or product category exclusions may also apply. We will let you know if the promotional code can’t be used against certain brands or product categories in your basket before you complete your purchase.
- Don’t use a promotional code to buy discounted products from izbeauty.co.uk, and then sell them on for a higher price to make yourself a bit of extra money.
- If you do use your promotional code in any of the ways listed above or in a way that we consider abuses the spirit in which the promotional code was issued, then we can cancel or withdraw your promotional code at any time, and without letting you know beforehand.
- Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
8. Faulty, Damaged or Incorrect Goods
- By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
- You will have a reasonable period of time (depending upon the nature of the Goods) following delivery to inspect and reject the Goods. After this period, or if you use the Goods in a manner that is inconsistent with Our ownership of them (for example, making alterations or otherwise customising the Goods), or if you tell Us that you have accepted the Goods, you will be deemed to have accepted the Goods. Before accepting the Goods you will be entitled to reject them and receive a full refund (or a repair or replacement if you prefer it) if the Goods are not of satisfactory quality, unfit for purpose, or do not match their description. Please note that if you request that the Goods be repaired before you have accepted them, you will not be deemed to have accepted them by virtue of requesting a repair.
- If you have accepted the Goods, as described in sub-Clause 8(B), you may no longer be entitled to a full refund in which case you may request a repair or replacement. If a repair or replacement is not possible, would impose a significant burden on Us, or could not be performed within a reasonable time and without significant inconvenience to you, you may opt either to keep the Goods at a reduced price, or to cancel the Contract and receive a refund. Please note that such refunds may be reduced to take account of any use you have had of the Goods since they were delivered to you.
- If you are rejecting the Goods and claiming a full refund under sub-Clause 8(B) you must prove to Us that the Goods were not of satisfactory quality, unfit for purpose, or did not match their description when you received them. If you have accepted the Goods and are instead seeking a repair or replacement under sub-Clause 8 (C) within six months of receipt, it will be assumed that the problem existed at the time of delivery unless Our subsequent assessment of the Goods proves otherwise. If you are seeking a repair or replacement under sub-Clause 8(C) after six months following receipt, please note that you must prove to Us that the problem existed at the time of delivery. Please note that your right to make a claim under this sub-Clause 8(d) lasts for up to six years after the date of delivery. Please contact your local Citizens’ Advice Bureau or Trading Standards Office for more information.
- Please note that you will not be eligible to claim under this Clause 8 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer to Clause 9 for more details.
- To return Goods to Us for any reason under this Clause 8. contact us on firstname.lastname@example.org for a returns form. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you
- Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
- For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Cancelling and Returning Goods if You Change Your Mind
- If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.
- If the Goods are being delivered to you in a single installment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
- If the Goods are being delivered in separate installments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final installment of Goods.
- If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
- If you wish to exercise your right to cancel under this Clause 9 you must inform Us of your decision within the cooling off period (14 days). You may do so via email. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
- Telephone: 0845 230 1087
- Email: email@example.com
- We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
- Please note that you may lose your legal right to cancel under this Clause 9 in the following circumstances:
- If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
- If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
- Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 9.
- You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location.
- You may return Goods to Us by post. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 9. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
- Refunds under this Clause 9 will be issued to you within 14 calendar days of the following:
- The day on which We receive the Goods back; or
- If We are collecting the Goods under sub-Clause 8 (vi), the day on which you inform Us that you wish to cancel the Contract; or
- If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
- Refunds under this Clause 9 may be subject to deductions in the following circumstances:
- Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 9, “excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled in a way that would otherwise entitle Us to reduce your refund.
- Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 9.
- Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
- Where We are the manufacturer of the Goods, We guarantee that for a period of 14 months from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 10.2.
- Our guarantee does not apply to any defects in the Goods caused by:
- Normal wear and tear;
- Deliberate damage and/or misuse of the Goods;
- Accidental damage;
- Failure to use the Goods in accordance with their instructions (where applicable); or
- The alteration or repair of the Goods by you or any third party that is not authorised by Us.
- Where goods have been opened and used excluding any manufacturers guarantee.
- Our guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to Clause 11. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
- Where We are not the manufacturer of the Goods, the OR The Goods are provided with a manufacturer’s guarantee. For further details and terms, please refer to the manufacturer’s guarantee documentation supplied with the Goods.
- The manufacturer’s guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to Clause 11. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
11. Our Liability to Consumers
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
- Breach of your right to title and quiet possession as implied by Section 12 of the Sale of Goods Act 1979;
- Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by Sections 13, 14 and 15 of the Sale of Goods Act 1979;
- Our liability relating to defective products as set out in the Consumer Protection Act 1987.
12. Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 14 days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
- If an event outside of Our control occurs [and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
- If the contract is cancelled by you or by Us under this Clause 12, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).
13. Communication and Contact Details
- If you wish to contact Us with general questions or complaints, you may contact Us by email at firstname.lastname@example.org or by post at iZ Beauty of London, Unit 36-37, Goulds Close, Chancerygate Business Park, Milton Keynes, MK11EQ
- For matters relating the Goods or your Order, please contact Us email@example.com or by post at iZ Beauty of London, Unit 36-37, Goulds Close, Chancerygate Business Park, Milton Keynes, MK11EQ
- For matters relating to cancellations, please contact Us firstname.lastname@example.org or by post at iZ Beauty of London,Unit 36-37, Goulds Close, Chancerygate Business Park, Milton Keynes, MK11EQ, or refer to the relevant Clauses above.
14. Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
- In writing, addressed to Complaints Department, iZ Beauty of London, Unit 36-37, Goulds Close, Chancerygate Business Park, Milton Keynes, MK11EQ
- By email, addressed to Complaints Department, email@example.com
15. How We Use Your Personal Information (Data Protection)
- We may use your personal information to:
- Provide Our Goods and services to you;
- Process your Order (including payment) for the Goods; and
- Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time.
- We will not pass on your personal information to any third parties [without first obtaining your express permission].
16. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- [You may transfer (assign) the benefit of the guarantee in Clause 10 to any person who buys the Goods from you after you have completed purchasing the Goods from Us.]
- You may not transfer (assign) your [other] obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. [This is subject to sub-Clause 19.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.]
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.
17. Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.