Terms & Conditions for the Supply of Products by Daylesford.
(Last Updated 5th May 2026)
1. WHAT ARE THESE TERMS
1.1 What these terms cover: These are the terms and conditions (these “Terms”) on which we supply products as listed on our website (“Products”) to you through our website(s) or by phone to our Guest Services. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end your order, what to do if there is a problem and other important information.
1.2 Why you should read them: These Terms will apply to any contract between us for the sale of Products to you (“Contract”). By placing an order for Products or services from this website or through our Guest Services, you accept and are bound by these Terms. Please read these Terms carefully before ordering any Products from our website or via our Guest Services number. If you think that there is a mistake in these Terms, please contact us to discuss. You may not order or obtain Products or services from this website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract, with us, or (c) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.
1.3 Updates: These Terms are subject to change by us without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site or via Guest Services. Your continued use of this Site or any order made by you after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1.4 Dealings as a consumer: These Terms apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade application forms. Please contact BamfordDaylesford for details at wholesale@daylesford.com.
1.6 Legal rights: As a consumer, you have legal rights in relation to Products that are faulty or not as described and in relation to delivery. Advice about your legal rights is available from your local governmental authority. Nothing in these Terms will affect these legal rights.
1.7 These Terms; Website Terms of Use; and Privacy Policy: These Terms are an integral part of the Website Terms of Use and the Privacy Policy Privacy Policy US that apply generally to the use of our website. You should also carefully review the Terms of Use and our Privacy Policy before placing an order for Products or services through our website.
2. ABOUT US
2.1 Who we are. ”we”, ”us”, and ”our” means Daylesford Ltd, a company registered in England and Wales under company number 4950734 and with our registered office at The Hive, Daylesford Farm, Moreton-In-Marsh, United Kingdom, GL56 0YG. Our VAT number is GB823 8578 01.
2.2 How to contact us: See our Contact Us page for details of how to contact us.
3. COMMUNICATIONS BETWEEN US
3.1 Writing includes emails: When we refer, in these Terms, to "in writing" or “written”, this will include e-mail.
3.2 How we contact you: If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid mail to the billing address you provide to us in your order. We may also contact you by telephone.
3.3 Electronic communication: For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
4. BASIS OF SALE CONTRACT
4.1 Order Process: Our website is set-up to guide you through the steps you need to take to place an order with us. Alternatively, you may place an order over the telephone via our Guest Services. You are only able to place an order if the item is in stock. Our online ordering process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 Your offer to buy: When you confirm and pay for your order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase.
4.3 Acknowledgement of receipt of order: After placing an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the paragraph below.
4.4 Acceptance of order: We will confirm our acceptance of your order by sending you an email that confirms that the Products have been shipped (Dispatch Confirmation defined below). The Acceptance of your order and the formation of the contract of sale between you and us will only be formed when we send you the Dispatch Confirmation.
4.5 If we cannot accept your order: If we are unable to supply you with a Product, for example because that Product is not actually in stock or no longer available or because of an error in the price or description on our website, we will inform you of this by e-mail and we will not process your order nor charge you for the Product. If you have already paid for the Products, we will refund you the full amount as soon as possible.
4.6 Unavailability of Product. If a Product is not in stock or no longer available we may (a) inform you of this by e-mail and not process your order for that Product (and provide you a refund if you have already paid or (b) provide you with a substitute product at the same price although of course you shall have the right to cancel such order in accordance with the provisions of theseis Terms.
5. PAYMENT AND PRICES
5.1 Where to find the price for the Product: The price of the Products and our delivery charges will be as quoted on the website at the time you submit your order and will be advised during the check-out process before you confirm your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see Paragraph 5.3 for what happens in this event.
5.2 Tax changes: Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Dispatch Confirmation email.
5.3 Price errors: It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: (a) where the Product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Products to you; and (b) if the Product's correct price is higher than the price stated on our website, we will contact you in writing by e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we do, however, accept and process your order where a pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you. We do not have to provide the Products to you at the incorrect (lower) price.
5.4 When you must pay and how you must pay: Payment can be made using the methods set out on our payment page. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. If you pay by credit card, you represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
5.5 Gift messages and gift wrapping: All orders are wrapped into a Bamford Gift box free of charge. GAdditional gift messages can be provided. Select in checkout. and a luxury gift wrap service is available – see our Delivery Options for details.
5.6 Promotions
- Welcome Offer
This offer entitles customers to 15% off their first order made online at www.daylesford.com/us. This offer will apply at checkout when a valid promotional code is applied to first time customer orders. This offer cannot be used in conjunction with other offers and may only be redeemed once per customer. All orders are subject to stock availability, and we reserve the right to withdraw, amend or extend the offer at any time. This offer is only redeemable online and is not redeemable for corporate, personal shopping orders or in-store. This promotion does not apply to purchases of classes, events, spa bookings, flowers, giftcards, sale items, hampers, advent calendars, wine magnums or delivery charges. Our standard T&Cs apply.
- Trunk Show Offer
This offer entitles customers to 15% off their order of $400 or more made online at www.daylesford.com/us. This offer will apply at checkout when a valid promotional code is applied to first time customer orders. This offer cannot be used in conjunction with other offers and may only be redeemed once per customer and for 30 days from the qualifying purchase. All orders are subject to stock availability, and we reserve the right to withdraw, amend or extend the offer at any time. This offer is only redeemable online and is not redeemable for corporate, personal shopping orders or in-store. This promotion does not apply to purchases of classes, events, spa bookings, flowers, giftcards, sale items, hampers, advent calendars, wine magnums or delivery charges. Our standard T&Cs apply.
- Free Delivery over $300
This offer entitles customers to free delivery for orders over $300 at www.daylesford.com/us/shop. This offer will automatically apply at checkout. This offer cannot be used in conjunction with other offers. All orders are subject to stock availability, and we reserve the right to withdraw, amend or extend the offer at any time. This offer is only redeemable online and is not redeemable for corporate, personal shopping orders or in-store. Our standard T&Cs apply.
6. DELIVERY
6.1 Methods of Delivery and Delivery costs: Methods of delivery and delivery costs are set out on our Delivery page. Delivery charges are for one delivery to a single address.
6.2 When we will provide the Products: We will deliver Products to you as soon as reasonably possible (our estimated times are as set out on our ‘Delivery’ page).
6.3 We are not liable for events outside of our control: In the event that we are unable to meet our estimated delivery date because of events outside of our control, we will contact you to let you know with a revised delivery date and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
6.4 Change of delivery address: If you need to alter the address for delivery prior to shipment, please e-mail guestservices@daylesbamford.co.uk or phone +44 (0) 1608 6927762861. Or if calling from the US use toll free number 1-800-409-7510. We will be unable to alter the delivery address following shipment.
6.5 Notification of dispatch: We will notify you by email when your order has been shipped (“Dispatch Confirmation”).
6.6 If you are not in when the Product is delivered: Our logistics service provider will advise as to the options available to you.
6.7 If you do not rearrange: If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may treat the Contract as having been cancelled by you.
6.8 Your rights if we deliver late: If we miss our estimated delivery deadline for any Products, then you may treat the Contract at an end straight away if any of the following apply: (a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.9 Setting a new deadline for delivery if we deliver late: If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under the above paragraph, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
6.10 Ending the Contract for late delivery: If you do choose to treat the Contract as at an end for late delivery under the above paragraphs you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us (in person or by posting) or allow us to collect them. We will pay the costs of postage or collection. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
6.11 When you become responsible for the Products: The Products will be your responsibility from the completion of delivery to the address you gave us or you collect it from us.
6.12 Delivery requiring information. For delivery or collection of certain Products you may be required to provide information, for example, proof of age. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. To discuss delivery, returns or collections please contact Daylesford on guest.services@daylesford.com or +44(0) 1608 692776+44 (0) 1608 692861 or if calling from the US, use our toll free number 1-800-409-7510.
7. DELIVERY OVERSEAS
7.1 Duties: Customs Duties may be levied against Products if delivery from outside the United States is required. We are a UK-based company and our products may originate outside the U.S. For any such Products, you will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and regret we are unable to advise of these amounts. Please contact your local customs office for further information before placing your order. Please note: it’s a legal requirement that we declare the full value of the goods (not including shipping charges) on all packages delivered into the U.S.
7.2 Laws: Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible for any breach by you of any such laws.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Section 9; (b) If you want to end the Contract because of something we have done or have told you we are going to do, see Section 8.2; or (c) If you have just changed your mind about the product, see Section 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the Contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below, the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; (b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; and (c) you have a legal right to end the Contract because we have breached these Terms.
8.3 Changing your mind: You may change your mind within and request to return the Product(s) during the period beginning date you received the Product(s) and lasting 14 days (“Return Period”). This means that during such Return Period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. 8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of: (a) any custom-made or personalized Products.; (b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or (c) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? The Return Period commences on the day that you receive the Products. If our Products are split into several deliveries over different days, the Return Period commences on the day the last delivery of Products arrives.
8.6 T o end the Contract with us (including if you have changed your mind) tell us: To cancel a Contract, you just need to let us know. The easiest way to do this is to complete the [RETURNS FORM] on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will email you to confirm we have received your cancellation. You can also print off the [RETURN] and mail it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. You can also contact our Guest Services telephone line on +44 (0) 1608 692776 or e-mail us at onlineshopguest.services@daylesford.com.uk to tell us. If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you call us.
8.7 Returning Products after ending the Contract: If the Products were already dispatched or delivered to you before you decide to end your Contract you must return the Products to us. You can send it back to us at our returns address of Daylesford C/o Lorry Industries, 45 Engerman Ave, Ste G, Denton MD USA 21629. . If you are exercising your right to change your mind you must ship the Products to us prior to the end of the Return Period. For further information about returning Products including access to our return label please see our ‘Returns’ page. 8.8 When we will pay the costs of return: We will pay the costs of return: a. If the Products are faulty or not as described; or b. If you are ending the Contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because we have breached the Contract. In all other circumstances, including where you are exercising your right to change your mind, you will be responsible for the cost of returning the Products to us, more details of which are set out on our ‘Returns’ page.
8.9 How we will refund you: If a refund is applicable under these Terms, we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. We will endeavour to process refunds within 30 days.
8.10 Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of goods, if this has been caused by your handling them in a way which damage the Products. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us the appropriate amount that we demand.
8.11 Maximum refund of delivery costs if you exercise your right to change your mind: The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid or the cheaper shipping option.
8.12 When your refund will be made: We will process the refund due to you as soon as possible and, in any case, if you are exercising your right to change your mind then: (a) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or (b) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract because you have changed your mind.
8.13 The Terms survive the end of the Contract. Except for the provisions that expressly cease upon termination of the Contract, these Terms will continue to legally bind you and us after the end of the Contract.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems: We agree to supply Products to you that conform with these Terms. Under these Terms, you have the rights described herein with respect to Products that are faulty or not as described on our websites or in materials we provide with the Products. Our responsibility for defective Products is limited to repair, replacement or refund as set forth in these Terms. You may be entitled to additional legal rights to those offered in these Terms, which vary state to state. If you have any questions or complaints about the Product, please contact us at Contact Us.
9.2 Your obligation to return rejected products: If you wish to exercise your rights to reject Products due to a defect, you must either return them back to us (or if they are not suitable for posting) allow us to collect them from you. We will examine the returned Product and will notify you of your refund, if any, via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you by the method you used for payment.
10. ERRORS
10.1 Every effort to ensure the website is correct: Every effort is made to ensure that all the information provided on the Daylesford website is correct at the time of publishing.
10.2 Products may vary from images: The images of the Products on our website are illustrative only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display accurately reflects the Products. Your Products may vary slightly from those images. Sometimes our images use props, in these cases the product description or list clearly defines what is being advertised for purchase. 10.3 Product packaging may vary: Product packaging may vary from that shown in images on our website.
11. OUR LIABILITY
11.1 Limitation of Liability: THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THESE TERMS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH OUR WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11.2 Indemnification: You agree to indemnify, defend and hold harmless Daylesford and each of its its directors, officers, employees, suppliers, affiliates, agents, representatives, and licensors (the “Daylesford Parties”), from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) violation of these Terms, (c) violation of any law, regulation or third party rights; or (d) your negligence or willful misconduct. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Daylesford Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else: We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
12.2 Products not for resale or export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
12.3 Nobody else has any rights under this contract: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 Which laws apply to this contract and where you may bring legal proceedings: Please note that these Terms are governed by the laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Georgia, USA. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by Georgia law.
12.6 How disputes are resolved with binding arbitration: (a) YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH OUR WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Contract. (b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12.6. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. (d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12.7 Waivers: The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Daylesford.