Terms & Conditions

General Terms and Conditions

Why are these terms of use important?

These terms of use (together with the documents referred to in it, including our privacy policy, delivery and returns policies) form a binding agreement (“Agreement”) between you and Us, under which you may use this site and order associated products and services offered through this site or application (together the “Services”).

Please read these terms of use carefully before you start to use the Services.

Do these terms apply to me?

By using the Site and/or by placing an order with us, you are deemed to have read and understood these Terms and Conditions (“Terms”) and any and all policies referred to and incorporated herein. By clicking ticking the box to accept these terms when making your order via our Site, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.

What if I don’t agree to these terms? 

If there is anything that you don’t agree with or want to be committed to in these Terms and Conditions, then you should not use The Website or place any orders through it.
If you do not agree to these Terms and our Privacy Policy or any of our other policies referred to (including Delivery and Returns), or you are under 18 years of age, please do not use the Site.

What do these terms cover? 

These terms of use shall cover all the aspects of your use of the site, including:

• Who we are
• A description of our services
• Accessing our services
• Creating an Account
• Restrictions on your use of your Account
• Choosing Products to Order (Product Specifications, Substitute Products and Measuring Guidance)
• Pricing Information, Pricing Errors and our Price Promise
• Availability of our stock, estimated delivery dates
• Important terms for bespoke or customized products
• Placing your order
• Order Acknowledgement and Order Acceptance by us
• Paying for your order
• Delivery
• Returns
• Order Cancellations (statutory right to cancel for UK residents)
• Cancellation of Bespoke Goods
• Deleting your account
• Customer Complaints
• All of the legal disclaimers, warranties, indemnities and important legal provisions
• Offers Featured in Publications
• Generic Competition Terms & Conditions

Can you, AmershamBlinds Ltd, change these terms?

WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO AT ANY TIME. YOU ARE EXPECTED TO CHECK THIS PAGE AND ITS LINKED PAGES FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE.

 

1. WHO OWNS THE SITE?

This website is an online retail division of Amersham Blinds Ltd (“Us/We/Our”).

Our registered company number is 6377414 and our registered office is at 22 Wycombe End, Beaconsfield, Buckinghamshire, HP9 1NB. We are VAT registered, with number 916054537.

This Agreement is a legally binding agreement between you and us.

We offer a variety of services, and we trade under two names Amersham Blinds Ltd and its division Amersham Designs, both of which are wholly owned by us.

 

2. WHAT SERVICES DOES AMERSHAM BLINDS LTD PROVIDE ME THROUGH THIS SITE?

We provide an online retail environment through our website enabling you to purchase furniture, soft furnishings, fabric, home décor, home accessories etc.

We are continually developing our product lines and service, and we may offer additional services or revise the scope of the Services at our discretion and with or without notice to you, and these terms of use will apply to all additional or revised Services. 

We also reserve the right to stop offering the Services.

 

3. HOW CAN I ACCESS THIS SITE?

You can access the Services in the following ways, and by website visits or mobile applications: 

            By visiting as a guest without making a purchase (“Guest”)

            By placing an order and creating an account (“Customer”)

Any reference in these terms to You, means you as a Guest or as a Customer.

 

4. WHAT OBLIGATIONS DO I HAVE? ARE THERE ANY RESTRICTIONS ON HOW I USE THIS SITE?

4.1 You only allow me to use the Site for personal use don’t you?

Yes, your account is for your personal use only. You may not authorize others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.

You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding, (I) the information and content you or anyone using your account, submits on your behalf; and (ii) the information and content you or anyone using your account posts, transmits, publishes, or otherwise makes available through the Services.

You warrant that all goods ordered by you are for your own personal and domestic use and are not for re-sale, distribution or any other commercial use of a similar nature. The products sold by us are provided for private domestic and consumer use only.

We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.

Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud).

In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

4.2 As a customer, what important promises do I need to make to Amersham Designs?

When you visit this Site and/or submit an order you warrant and represent that you:

• Are over 18 years old;
• are using a payment card (credit or debit card) that is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered;
• Have provided all the information requested to submit an order;
• Only provided information that is truthful, complete, accurate and up to date;
• Will use the Site in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs of the country in which you live;
• Are fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account.
• You further warrant and represent that you will not:
• access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom.
• impersonate or otherwise misrepresent affiliation, connection or association with, any person or entity;
• provide any information including payment card details that are misleading or fraudulent;
• interfere or disrupt networks connected to the Services or attempt to interfere with the proper functioning of the Services;
• access data not intended for such user or logging into a server or account which the user is not authorized to access;
• attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
• attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or otherwise attempting to deny service to the Site or the server of any user;

 

5. CHOOSING PRODUCTS TO ORDER

Prior to submitting an order with us, you should review these important terms.

5.1 Are the product specifications accurate? What if they are not?

All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our returns policy. Where applicable, you may cancel your order in accordance with your rights under the consumer regulations.

Our products are displayed as clearly as possible throughout our website to give you as much information as possible about a product. If you need further information on anything, contact us at: [email protected]

5.2 How do I know the sizes will fit in my home?

Please review our Measuring Advice guidane shown in the dimensions field under each product before placing an order as it contains important information you should consider before ordering. Reviewing our Measuring Advice is critical if you are ordering a bespoke product. If you need further advice or have any other questions about a product, email [email protected] or call 01494 722112.

 

6. PRICING INFORMATION

6.1 How are prices displayed when I’m ordering?

All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates. The relevant delivery charge for each product is shown underneath the product and is automatically added to your shopping cart.

6.2 What if there’s a mistake with the price and there’s a pricing error?

Although the price you pay is the price displayed on the Site at the time we receive your order, there may be circumstances within or out with our control which results in the wrong price being displayed to you.

In such cases, if we discover an error in the price of goods ordered by you, we will inform you as soon as possible after you submit your order and provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods, you will receive a full refund.

 

7. STOCK AND ESTIMATED DELIVERY DATES

7.1 Are all the goods on the Site in stock and available?

We work in much the same way as a department store – many of our products are held in stock in our warehouse and will only be shown on our website if they are in stock. With larger “made to order” items including some furniture, lighting and also more specialist pieces for example wallpapers and fabrics which are “ordered direct from the supplier”, we order these in for you and clearly show the estimated time scale for delivery on each product, and again in the shopping cart.

In the event that an item is temporarily out of stock with our suppliers, we will notify you of the delay as soon as possible, keep you regularly informed of the progress and dispatch it as soon as it arrives. Occasionally items will be more popular than expected and may sell out and may become unavailable or discontinued. We will contact you as soon as possible if we discover any possible delays to your order and offer you an alternative date or if that is not suitable, a full refund. Our design team can also source handpicked alternatives for you that closely match your first choice.

7.2 What are estimated delivery dates?

We partner with a variety of courier and carrier services and will select the most appropriate service for your order. However much as we try, sometimes due to circumstances out with our control, (e.g. poor weather or international holidays or delays during peak periods with the couriers) dates quoted for delivery can only be estimated delivery dates and may be subject to change depending on the carrier network.

This doesn't happen often, but it is possible. In these circumstances we cannot accept liability for any loss or damage (whether direct or indirect) for deliveries made out with the estimated date for delivery.

 

8. BESPOKE (MADE TO ORDER) PRODUCTS IMPORTANT TERMS

8.1. What about delivering bespoke products?

Our collections include a variety of bespoke products such as (but not exclusively) headboards, furniture, or sofas that are made to order specifically for you in your chosen materials or dimensions. Delivery of these items will generally be agreed with you prior to ordering. From time to time, textiles or materials that make up our bespoke products may be out of stock with our manufacturers and this may lead to a delay in the estimated manufacture times. Should this be the case, it is our policy to notify you of the delay as soon as possible, keep you regularly informed of the progress and dispatch it as soon as it arrives.

8.2 How do I cancel a bespoke order? Can I return bespoke items?

By placing an order for a non-standard, customized or special order product with us, you are deemed to have considered all these factors and any others that might affect the order, and accept that you are entirely satisfied that it is the correct product for you. You will not be able to change the order once the item has been entered into production.

You can not cancel a bespoke order.  If you change your mind you need to be aware of our returns policy for bespoke items.  Please ensure that you read and understand the conditions that apply to the sale of customized products as noted in our cancellation provisions below, and our Returns Policy, prior to purchasing.

 

9. HOW DO I PLACE AN ORDER ON THE SITE?

Our order processing system is completed in the following steps:

You select your products on our web site where you will be guided through a simple purchasing sequence.

You place your order with us, via the web site by clicking on the “confirm order” button, once you have checked and agreed your order at the checkout.

Your credit/debit card will be debited when your order is placed and processed. This does not affect your statutory rights. 

We will then send to you an order acknowledgement email confirming the products you have ordered - If there are any problems with this acknowledgement, please contact us as soon as possible. 

Your order will then be processed in our warehouse within 24 hours and shipped from there for delivery to you within approximately 3-7 working days for stocked items from our warehouse or the specified delivery date on made to order or ordered on request products. You will be sent a confirmation to say that your order has been processed.

After dispatch we will send you a final order confirmation email.

Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

 

10. ORDER ACKNOWLEDGEMENT AND ACCEPTANCE BY US

10.1 What is an “Order Acknowledgement”?

Once you have placed an order, the ‘confirmation’ stage will set out the final details of your order. We will also send you an acknowledgement email detailing the products you have ordered.

10.2 When do you accept my order? Is that when my contract with you is formed?

Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

Occasionally we may need to notify you that we cannot accept your order at which time we will credit any payments made in full. Reasons for non-acceptance of orders include (but are not limited to):

• Our inability to obtain authorization for your payment;
• The identification of a pricing or product description error.
• You do not meet the criteria set out in these Terms, or you have breached these Terms.

 

11. PAYING FOR YOUR ORDER

11.1 What payment methods are accepted?

We accept online payment in an encrypted, secure environment by credit card and we currently accept Visa, MasterCard, Delta, Maestro, Switch, American Express and Paypal.

11.2 What currency is displayed on the Site? Do you include tax?

All prices quoted on our website are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. All transactions are made in GBP pounds sterling (£). 

11.3 Do you use 3D secure / Verified by Visa / Mastercard SecureCode for card security?

As we are committed to providing the most advanced security features, we support the "MasterCard® SecureCode™" or "Verified by Visa" security service. Click on the brand logos below to learn more. Verified by Visa and Mastercard Securecode are an additional layer of security, applied by your bank, to your credit card to prevent fraudulent use.

11.4 I think you’ve taken the wrong amount from my card, what can I do about that?

In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.

 

12. DELIVERY

Please refer to our Delivery Policies which clearly explain our delivery terms, and policies (and the terms included in them) are expressly incorporated herein.

We wish to draw your attention to some important terms regarding delivery:

Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

Whist we will make every effort to deliver within the time stated on our Website, we will not be liable for any loss caused to you by any late delivery or failure to deliver within the estimated timescales.

Please contact us at [email protected] as soon as possible if you do not receive your goods within the expected time. We will endeavor to get your goods to you as soon as possible. If the goods have arrived damaged, you will be refunded once the goods have been returned to us in line with our Returns Policy or classified as lost by the Carrier company.

We will attempt to deliver your order to the delivery address stated on your order form. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, you will be liable for redelivery costs plus any additional costs charged to us by the courier.

 

13. RETURNS

13.1. Can I return a standard product?

Please refer to our Returns Policy which clearly explains our Returns terms, and is expressly incorporated herein.

We wish to draw your attention to some important terms relating to Returns:

We work hard to make sure that the description and specification of our products are correct and accurate as possible. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. While the colour reproduction, material description and dimensions of the products are a close representation, we cannot accept any responsibility for any variation in size or material nor colour caused by the browser software, monitor colour contrasts or computer system used by you –

When you receive goods that require assembly, prior to installing, it is very important that you check the instructions and any parts list to ensure that you have all the relevant parts and that you can fit the product in strict accordance with the manufacturers instructions. We cannot refund products that have been wrongly fitted or be responsible for any consequences of mis-fitting our products. We strongly recommend that you employ only qualified and experienced joiners and electricians to install our products.

13.2 Can I return a bespoke item?

You can not return a non-standard, customized or made to order product (see Returns Policy for full details) nor to cut by the meter wallpaper or fabric. For furniture, lighting and accessories, these types of items are clearly labelled as “made to order” or “special order item”, in addition to this wallpapers and fabrics can not be returned. Where you have ordered and received a non-standard, customized or made to order product (e.g. furniture item, headboard, sofa, chair in your own choice of fabric and size) or goods that have been confirmed to you as non-standard, customized or made to order, and wall coverings and fabrics, you can not return these items unless faulty. 

13.3 Can I return faulty goods?

Nothing within our Returns Policy seeks to limit or otherwise affect your statutory rights including the cancellation rights for UK Customers (described below). 

If the product is found to be damaged or faulty then our standard returns policy in relation to damaged or faulty goods will apply.

In the event that you receive your order in a faulty or damaged condition, (including customized products) please contact us within 48 hours by email at [email protected] or phone us on 01494 722112 and we will make the necessary arrangements to collect the damaged/faulty goods.

We will ask you to email a photograph of the damage and state the details of the damage as part of our quality assurance checks.

Please note it is critical that you keep all the original packaging and repack the item with care. Our courier will make the collection, and upon inspection at our warehouse, a refund, or replacement sent at our expense, will be arranged. Please note if items are not returned in their original packaging then they can not be refunded.

 

14. I LIVE IN THE UK, WHAT IS MY STATUTORY CANCELLATION RIGHT?

Under the United Kingdom Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are resident within UK, you can cancel your order within 14 days after receiving your goods (or, if your order consists of multiple goods, the 14-day period begins from the day you receive the last item of your order). This does not apply to Made to order or special order items.

After the goods have been returned to us, or you have provided proof of having returned the goods (e.g. proof of postage receipt), whichever is sooner, you will receive a refund within 14 days. If the goods are not in the original ordered condition, we have the right to deduct a relevant amount from any refund.

In addition to a refund for the costs of goods ordered from us, we are also required to refund you any basic delivery costs. If you ordered the goods and selected an enhanced delivery service e.g. next day delivery, we are under no obligation to refund this cost to you, and any refund will be at our discretion.

This cancellation right does not apply to bespoke (made to order), special order or personalized goods.

You can contact us by email [email protected] to cancel on the basis of this statutory right. 

If you wish to cancel your order, please email us at [email protected] Where goods have already been dispatched, they must be returned in line with our Returns Policy which forms part of these Conditions.  We will credit you with the purchase price less any delivery and handling charges that may be applicable within 30 days.

 

15. CAN I CANCEL MY ORDER FOR BESPOKE ITEMS?

Orders cannot be cancelled for bespoke items. They may only be returned if faulty, as provided for at section 14 of these Terms and in our Returns Policy.

 

16. I DON’T WANT TO HAVE AN ACCOUNT ANY MORE; HOW DO I DELETE IT?

We will be sorry to see you go! However, you may delete any account you have opened when submitting an order any time after any active order has been delivered. To close your account please email [email protected]

We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason (including if you fail to pay any amount due or we become aware of any breach of these Terms). We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. 

 

17. I’VE GOT A COMPLAINT; HOW DO I MAKE A COMPLAINT TO AMERSHAM DESIGNS?

We are sorry that our service hasn’t lived up to our high standards and your expectations. If you have any queries about these terms of use, the Services or if you wish to make a complaint then please contact us in writing to; Amersham Designs, 21C The Maltings, School Lane, Old Amersham, Buckinghamshire. HP7 0ET

 

18. WHAT ABOUT ALL OF THE USUAL LEGAL TERMS, LIKE DISCLAIMERS, WARRANTIES, INDEMNITIES ETC?

We hope that these Terms are clear for you, we try our best to avoid the legal jargon but some sections have to be included to protect you and to protect us. Please read this section carefully.

18.1. Disclaimer of Warranties

This section will apply to the maximum extent permitted by applicable law.

We will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (I) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any Guests or Customer.

We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

18.2. Limitation of Liability

To the maximum extent permitted by law, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

• economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
• loss of goodwill or reputation; or
• special or indirect losses;
• suffered or incurred by that party arising our of or in connection with the provisions of any matter under these terms and conditions.

Our total liability to you in connection with these Terms or the use of the Services shall be limited to the price paid for any goods or services purchased by you as Customer.

Nothing in these Terms will limit or exclude our liability for: (I) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us. Nothing in these Terms affects your statutory rights as a consumer.

18.3. Indemnities

You agree to indemnify us, our officers, directors, employees, agents, and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (I) your, on anyone using your account’s use of or inability to use the Services, (ii) any content or information posted by you or anyone using your account, (iii) your or anyone using your account’s violation of these terms of use or your or anyone using your account’s violation of any rights of a third party, or (iv) your or anyone using your account’s violation of any applicable laws, rules or regulations. 

We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.

You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

18.4. Our Intellectual Property Rights

All rights in the designs, intellectual property and information on our Site are owned by us or licensed to us. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this Website for the purpose of ordering goods from us and as authorized below. The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademarks or registered trademarks of us or our suppliers or content and technology providers or their respective owners. ALL RIGHTS RESERVED. You agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited.

18.5. Links to other Third Party Sites

Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

18.6. Assignment

You are not permitted to assign, novate or otherwise transfer your rights and obligations under this Agreement to any other person or party. We, however, are entitled to assign, novate, or otherwise transfer any or all of our rights and obligations to any other party without notice to you. 

18.7. Entire Agreement

These terms of use, and the pages throughout the sites and Services to which these terms refer, constitute a contract that governs the relationship between us and you. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between us. "If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.

18.8. Jurisdiction and Applicable Law

These terms of use and the documents referred to in them shall be governed and construed in accordance with English Law. Any disputes relating to these terms of use, the documents referred to in them or the site or the Services will be subject to the exclusive jurisdiction of the English courts. 

18.9. Class Action Waiver

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.