Terms and Conditions

10% off January Sale Crane

1.      THESE TERMS

1.1    What these terms cover. These are the terms and conditions on which we supply products to you.

1.2    Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2.      INFORMATION ABOUT US AND HOW TO CONTACT US

2.1    Who we are. We are a partnership of James Crane, Nicholas Crane, Kirstin Crane and Sarah Crane trading as Crane Garden Buildings. Our VAT number is GB106904191000.

2.2    How to contact us. You can contact us by telephoning our customer service team at 01760 444229 or by writing to us at Crane Garden Buildings, Narford Road, Narford, King's Lynn, Norfolk, PE32 1JA or customerservice@cranegardenbuildings.co.uk

2.3    How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4    "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.      OUR CONTRACT WITH YOU

3.1    How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.

3.2    If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or because we are unable to deliver to your delivery location.

3.3   Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4    We only sell to the UK mainland. Our brochure and website are solely for the promotion of our products in the UK mainland. We do not accept orders from or deliver to addresses outside the UK mainland.

4.     OUR PRODUCTS

4.1   Products may vary slightly from their pictures. The images of the products in our brochure and our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure or on our website accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website and in our brochure are subject to reasonable levels of tolerance.

4.2   Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. If you require information and tips on how to measure please contact us.

5.     YOUR RIGHTS TO MAKE CHANGES

5.1   Product changes. If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We generally do not accept changes later than 28 days prior to an agreed delivery date.

6.     OUR RIGHTS TO MAKE CHANGES

6.1   Minor changes to the products. We may change the product:

        6.1.1    to reflect changes in relevant laws and regulatory requirements; and

        6.1.2    to implement minor technical adjustments and improvements, for example to address a cosmetic issue (these changes will not affect your use of the product).

6.2   More significant changes to the products and these terms. In addition, as we informed you in the description of the product in our brochure or on our website, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

7.     PROVIDING THE PRODUCTS

7.1   Delivery costs. Delivery costs are included with our prices. We do not sell products without delivery.

7.2   Delivery Criteria. The base for our products must be solid, of the correct size and within 6mm of level across the whole base. The base must be at least 300mm away from any obstructions such as fences, hedges, etc. Access must be a clear, walkable route at least 700mm wide. The base must not be more than a reasonable distance from our delivery trailer so that our product can be carried to the site of installation.

7.3   Height restrictions. Any height restrictions on the access route must be notified on the access forms sent out to you.

7.4   Access. Where access to the site of installation or a base is through your property, it is your responsibility to protect the floors and walls of your property as deemed appropriate.

7.5   Parking. Any parking restrictions or permits required must be obtained by you before our arrival and you must have in place all that is necessary to ensure legal and safe parking of our delivery vehicle and trailer immediately upon our arrival.

7.6   Base level. Where a base has been ordered, the site where the base is required must be clear of plants, rubble and any obstacles. The area of ground where the base is to be sited must be within 100mm of level. We are able to lift normal turf but this will be left at your premises

7.7   Electricians. If you will be using your own electrician during installation then the electrician must be available for the whole of the delivery time. Alternatively, if you require your own electrician and do not wish them to be present for the whole installation then electrics can be surface mounted at any time after our product installation.

7.8   When we will provide the products. Because our products are made to order our manufacturing and delivery lead times vary throughout the year depending on demand. The lead times range mainly between 8 to 20 weeks from the point of order, however in these times of Covid-19 this has increased.  As soon as reasonably possible we will contact you to agree a delivery timeframe.  We will then contact you again 6-8 weeks before that timeframe to agree a firm date or period for delivery. 

7.9   Delivery slots. Where a 2 to 3 (or 4 to 5 or 1 to 2 etc.) day delivery slot is given then delivery and installation will take place across all of these days.

7.10  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise 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 of longer than twelve weeks you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.11  Severe weather conditions. From time to time, severe weather conditions (heavy snow, strong winds, storms) may occur which may mean that we are unable to deliver and install your product. We will act as quickly as we are able to inform you and to reschedule the delivery and installation of the product as soon as is reasonably practicable.

7.12  You must be present when the product is delivered. We require you to be present when we arrive to install the product. Once the installation team or builder is settled then you may choose to leave. However we require the person whose name appears on the invoice to be present on completion of the installation as part of our sign-off procedure.

7.13  If you are not at home when the product is delivered. If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery. This will be subject to additional costs.

7.14  If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and we will charge you additional costs incurred by us to make a return visit. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.

7.15  If you do not allow us access to provide services. If you do not allow us access to your property as arranged (and you do not have a good reason for this) or the delivery criteria are not met we will charge you additional costs incurred by us as a result and this must be paid in full before we return to install the product. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.

7.16  Unsafe access. If our installers, on arrival to your premises, deem the premises, (including the access route or site of base) to carry features or be in a state that may carry risk to them or the product, we reserve the right to deliver the product to a safe point on or at the entrance of your premises without installation.

7.17  Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

         7.17.1    we have refused to deliver the products;

         7.17.2    delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

         7.17.3    you told us before we accepted your order that delivery within the delivery deadline was essential.

7.18  Setting a new deadline for delivery. 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 clause 7.17, 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.

7.19  Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8, clause 7.17 or clause 7.18, you can cancel your order for any of the products or reject products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.

7.20  When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.

7.21  When you own the products. You own a product on the later of delivery or once we have received payment in full.

7.22  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you to ask for this information. 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 (see clause 9.1) 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.

7.23  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

         7.23.1    deal with technical problems or make minor technical changes;

         7.23.2    update the product to reflect changes in relevant laws and regulatory requirements;

         7.23.3    make changes to the product as requested by you or notified by us to you (see clause 6); or

         7.23.4    if you do not make a payment by a due date

7.24  Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance.

7.25  We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.10). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.9).

8.     YOUR RIGHTS TO END THE CONTRACT

8.1    You can always end the 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:

         8.1.1    if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 10;

         8.1.2    if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; and

         8.1.3    in all other cases (if we are not at fault and there is no right to change your mind), see clause 8.3.

8.2   What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will pay a refund to you for any products which have not been provided or have not been provided properly. The reasons are:

        8.2.1    we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

        8.2.2    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;

        8.2.3    there is a risk that supply of the products may be significantly delayed because of events outside our control;

        8.2.4    we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or

        8.2.5    you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

8.3   Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment or your advance payment doesn’t cover such costs invoice you) reasonable compensation for the net costs we will incur as a result of your ending the contract.  The costs we deduct will include (but may not be limited to) the following:

         8.3.1  our administrative costs, e.g., what it costs us to cancel orders with suppliers and process your refund;

         8.3.2  any costs we have incurred in starting to manufacture the product you ordered e.g., money we have spent on materials and/or labour (so the closer to delivery you cancel, the greater our costs will be);

         8.3.3  if we have completed the manufacture of the product you have ordered, the difference between the price you would have paid us and the price we will be able to sell your product on the open market (bearing in mind that if your product is bespoke it is unlikely that we will be able to sell it at full price);

         8.3.4  any storage costs we reasonably incur; and

         8.3.5  any other costs we reasonably incur in connection with the cancellation of your order.

8.4   Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect them from you. Please call customer services on 01760 444229 or email us at customerservice@cranegradenbuildings.co.uk to arrange collection.

8.5   When you do not have a right to change your mind. You do not have a right to change your mind in respect of products that are made to your specification and/or that are clearly personalised.

8.6   When we will pay the costs of return. We will pay the costs of return:

        8.6.1    if the product is faulty or misdescribed; or

        8.6.2    if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.     OUR RIGHTS TO END THE CONTRACT

9.1   We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

        9.1.1    you do not make any payment to us when it is due; or

        9.1.2    you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

        9.1.3    you do not, within a reasonable time, allow us to deliver the products to you; or

        9.1.4    you do not, within a reasonable time, allow us access to your premises to supply the services; or

        9.1.5    a product is not available from our suppliers.

9.2   You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3   Warning. Please note that we often incur significant costs in performing our obligations to you. Depending on the products and the circumstances, if we end the contract in the situations set out in clause 9.1, you may receive little or no refund. You may even be asked to pay money to us to cover the net costs we will incur.

9.4   We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

9.5   Refund and cancellation. We reserve the right to cancel an order at any time with a full refund of any money paid by you.

10.   IF THERE IS A PROBLEM WITH THE PRODUCT

10.1  Customer service is important to us. Unless otherwise agreed, we will commence carrying out of repair works within 42 days of being notified. If the repair is considered to be detrimental to the product we will aim to carry out the repair within 21 days of being notified. However, at times of high demand on the installation of products it is possible that we will not commence repair in this period.

10.2  How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01760 444229 or write to us at customerservice@cranegardenbuildings.co.uk.

10.3  Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

10.4  Your key legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Subject to certain exceptions, all products will be as described, fit for purpose and of satisfactory quality. Our products are made from timber. Timber is a natural resource as such it expands and contracts according to weather conditions. If you live in a geographical area or particular location where products are exposed to long periods of rain or heat then it is possible that the timber on such products will expand or contract accordingly.

10.5  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. Please call customer services on 01760 444229 or write to us at customerservice@cranegardenbuildings.co.uk.

10.6  Guarantee. Our guarantee provides you with protection against product failure through normal use. As you would expect, our guarantee does not cover fair wear and tear or third party damage. If a product develops a fault within the guarantee period then we will arrange for it to be repaired including any parts and labour required.

10.7  Two year guarantee. Ex-display products from our National Trust and ex-display products from our John Lewis ranges carry a two-year guarantee.

10.8  Five year guarantee. Our own ex-display products carry a five-year guarantee. Our products purchased through John Lewis and from our National Trust ranges carry a five-year guarantee; except for ex-display products from these ranges.  Any National Trust product purchased before 1 May 2024 carries a 2 year guarantee.   

10.9  Ten year guarantee.  Except as set out in clause 10.7 and 10.8, our products carry a ten year guarantee.

10.10 Exclusions from our guarantee. Our guarantee does not cover:

         10.10.1    any product that is re-located; and/or

         10.10.2    any product that is installed on a base that does not meet our delivery criteria (all bases must be solid, of the correct size and within 6mm of level across the whole base); and /or

         10.10.3    any product that is not maintained in line with the customer care guidelines provided to you at the point of delivery and installation; and/or 

         10.10.4     fair wear and tear, including tarnishing, surface rusting on metalwork, natural changes and movement in timber such as expansion and contraction, damage caused by third parties and roofing felt.  Adjustments to doors and windows are not covered by our guarantee after two years.

10.11  Transferring our guarantee. You may transfer our guarantee at clause 10.6 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. The delivery receipt acts as proof of guarantee and we may require the person to whom the guarantee is transferred to provide this as reasonable evidence that they are now the owner of the relevant product.

11.    PRICE AND PAYMENT

11.1  Where to find the price for the product. The price of the product (which includes VAT) will be the price agreed when you placed your order. No quotation is binding until an advance payment or full payment has been received. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

11.4  When you must pay. As our products are made to your specifications and assembled to your order, you must make an advance payment of 5% of the price on or before we accept your order. This is with the exception of a base or electrical pack being purchased separately, as this requires payment in full upon confirmation of the order.

11.5  Advance payments and deposits. After an order has been placed, advance payments and deposits can be used against any other product. However, if there is no firm order and scheduled delivery is not in place one year after the date of the original order, that order will be deemed to be cancelled and the advance payment and deposit will be non-refundable.

11.6  Balance of invoice. An interim payment of 45% of the price of your building/order is due 28 days after the order date and the balance of the invoice is due no less than 28 days before delivery. If either the interim payment is not received 28 days after the order is placed or the final balance is not received 28 days before delivery then the delivery is cancelled and will be rescheduled only when payment is received by us. The rescheduled delivery will be subject to the lead times for new orders running at the time of the balance of the invoice being paid.

11.7  Your right to change your mind. Up to and including 14 days from placing your order the advance payment will be refunded in full if you change your mind and cancel the order. Any refund of any advance payment you have made will then be subject to the deductions as set out in clause 8.3 (or if your advance payment doesn’t cover such costs we will invoice you for them), with the exception of a building that is awaiting planning permission and the required planning permission is declined. On proof from the local council that the planning permission is declined, the advance payment and any interim payments made will be refunded in full.

11.8  How you must pay. We accept the following payment methods (please use your surname and invoice number as the reference):

         11.8.1    by debit card;

         11.8.2    by credit card (we do not accept American Express);

         11.8.3    by cheque made payable to Crane Garden Buildings; and

         11.8.4    by BACS (HSBC, Sort code 40-26-11, Account number 51050796)

11.9  We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

11.10  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

12.      OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

12.3   When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

12.4   We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.     HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1   How we will use your personal information. We will use the personal information you provide to us:

          13.1.1    to supply the products to you;

          13.1.2    to process your payment for the products; and

          13.1.3    if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

13.2   We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

13.3   Third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.

14.     OTHER IMPORTANT TERMS

14.1   We may transfer our rights to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2   You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of our guarantee in clause 10.6 (see clause 10.10).

14.3   Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10.10 in respect of our guarantee.

14.4   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, the remaining paragraphs will remain in full force and effect.

14.5   Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6   Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.

15. Indemnity for Third-Party Offers

By engaging with any offers or promotions made on behalf of third parties through our platform, you agree to the following:

15.1 Responsibility: Third-party offers are the sole responsibility of the respective third party. We do not guarantee their accuracy, validity, or availability.

15.2 Indemnification: You agree to indemnify and hold us harmless from any claims, losses, or damages arising from:

- Your use of or reliance on third-party offers.
- Disputes regarding the terms, conditions, or fulfilment of such offers.

15.3 Liability: We accept no liability for any direct or indirect damages related to third-party offers, including issues with quality, delivery, or misrepresentation.

15.4 Terms and Changes: Third-party offers are subject to their own terms and may be amended or withdrawn at the discretion of the third party.

15.5. Governing Law: This clause is governed by the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.