Terms and Conditions

Please read these Terms and Conditions very carefully before ordering any goods from our web site.

1. DEFINITIONS

The following words shall mean:

 

 

2. APPLICATION OF TERMS

2.1. The Contract shall be on these Conditions to the exclusion of any other terms and conditions.

2.2. Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions.

2.3. No terms or conditions endorsed upon, delivered with or contained in any Seller's purchase order, confirmation of order, specification or other document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer.

2.4. No order placed by the Buyer will be accepted by the Seller until she has sent to the Buyer Credit or Debit card online acknowledgement and acceptance of the order. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them.

2.5. The Buyer warrants that all the details in the order are complete and accurate.

2.6. The Conditions shall apply to the sale of all Goods. Save as has been specifically provided for in the Conditions, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.

3. THE GOODS

3.1. The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller.

3.2. All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.

4. DELIVERY

4.1. The seller will deliver the Goods to the address the buyer provides on the order form. The Seller will only deliver to a UK address.

4.2. Any delivery date the Seller gives is an estimate but the seller will endeavour to deliver the products between 3 to 5 days except where indicated differently on the web site.

4.3. Unless these conditions state otherwise, the Seller is not liable for any loss, costs, damages, charges or expenses caused by any delay in delivery.

4.4 Unless the delay is longer than 30 days from the date the Seller confirms your order, the Buyer cannot cancel the Contract.

4.5. If the Seller can’t deliver the Goods because the Buyer won’t accept delivery, hasn’t provided the correct address, or no-one is available to accept delivery, then:

4.5.1 All risk in the Goods will pass to the Buyer;

4.5.2 The Goods will be deemed to have been delivered; and

4.5.3 The Seller may store the Goods until the Seller can redeliver them, and the Buyer will be liable for any costs arising from this

5. TITLE AND RISK

5.1. Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller.

5.2. Until title and ownership in the Goods has passed, the Buyer shall hold the Goods and each of them as bailee on behalf of the Seller and on a fiduciary basis retain the Goods separate from her other merchandise and possessions; and keep the Goods identifiably separate.

5.3. The Goods shall be at the risk of the Seller up until she gives notice that the Goods are available for receipt by the Buyer and thereafter they shall be at the risk of the Buyer.

6. NON DELIVERY

6.1. The Seller shall not be liable for any proven non-delivery unless the Buyer  reports it within 2 days of the date when the Goods should have arrived.

6.2 The Sellers liability for non-delivery is limited to replacing the Goods within a reasonable time, or issuing a credit note.

7. PRICE

7.1. All prices are quoted in Pounds Sterling.

7.2 The price for the Goods is the price shown on the Sellers Web site when the Seller confirms  your order. This price will include  the cost of delivery to a UK address.

8. PAYMENT

8.1 Payment is due without discount of any kind by any of the online payment methods described on the Sellers Web site at the date the Buyer places their order and in no circumstances may the Buyer make any deduction or withhold payment for any reason at all.

8.2. All payments due to the Seller under the Contract shall become due immediately on termination of the Contract.

8.3. Until the Seller is in possession of cleared funds, the Buyer shall not be deemed to have made a payment.

8.4. If the Buyer does not make payments as required, the Seller may terminate the Contract.

9. QUALITY

9.1. If the Seller is not the manufacturer of the Goods, she shall transfer the benefit of any warranty or guarantee that she has been given.

9.2. The Buyer accepts that she buys or is deemed to buy the Goods as seen and in the condition they are at the time the order is placed.

9.3. The Seller warrants that the Goods shall be:

9.3.1. of satisfactory quality within the meaning of the Sale of Goods Act 1979; and

9.3.2. reasonably fit for their purpose.

9.4. If any of the Goods do not conform with the warranty in condition 9.3., the Seller shall arrange for the return of the products and may:

9.4.1. carry out repairs to the Goods;

9.4.2. replace the Goods or any defective part; or

9.4.3. refund the price of such Goods.

9.5. The Seller shall deliver any repaired or replacement Goods to the Buyer's premises.

9.6. The Seller's liability for breach of warranty as set out in clause 9.3. shall be limited to complying with condition 9.4. and shall not have further liability.

10. LIMITATION OF LIABILITY

10.1. The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except:

10.1.1. For death or personal injury resulting from the Seller’s negligence; and

10.1.2. As expressly stated in these conditions.

10.2. The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or her authorised agent.

10.3. The Seller shall not be liable where any Goods are lost or damaged in transit. All claims by the Buyer shall be made against the carrier.

10.4. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

11. CANCELLATION

11.1. The Buyer may cancel the Contract at any time up to seven Working Days from the day after the day of receipt of the Goods by giving written notice of her intention to cancel, either by E-mail, letter, or fax, except for products that have been personalised, unless proven that the products were damaged in delivery and as such the Seller will process the order as 9.4, 9.4.1 and 9.4.2.

11.2. If the Goods have been received by the Buyer, they shall:

11.2.1. Restore the Goods to the Seller at their own expense; and

11.2.2. Pending their restoration to the Seller, take reasonable care of them and retain them in her possession.

 

12. FORCE MAJEURE

If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and she gives prompt notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use her best endeavours to avoid or remove the causes of non-performance and shall continue performance under the contract with the utmost dispatch whenever the causes are removed or diminished.

13. GENERAL

13.1. Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist.

13.2. In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.

13.3. If the Seller or the Buyer:

13.3.1. fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and

13.3.2. partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power.

13.4. Any waiver of a breach of any provision of the Contract shall not:

13.4.1. be deemed to be a waiver of any subsequent breach or default; and

13.4.2. affect the other terms of the Contract.

13.5. This contract shall be governed by and construed in all respects in accordance with English law. In relation to any legal action or proceedings to enforce the contract or arising out of or in connection with the contract, the Buyer and the Seller irrevocably submits to the jurisdiction of the English courts and waives any objection to proceedings in the courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

14. NOTICES

13.1. Any notice to be given under the Contract shall be:

14.1.1. Delivered personally;

14.1.2. Sent by first class prepaid recorded delivery or registered post; or

14.1.3. By fax.

14.2. The address for service of Buyer and the Seller is the address stated above, or any other subsequent address notified for this purpose to the other, or in the absence of any notification the last known place of residence or business.

14.3. A notice shall be deemed and served as follows:

14.3.1. if personally delivered, at the time of delivery;

14.3.2. if posted, within 48 hours of posting or in the case of airmail seven days after the envelope was delivered into the custody of the postal authorities; and

14.3.3. if sent by fax, the time of transmission.

For and on behalf of Stanley Koziol ('the Seller')