1. Interpretation
In these Terms and
Conditions (Terms), the following words and
phrases shall have the following meanings:
“the Buyer” means the person, firm or
company who purchases the Goods from the
Company:
“the Company” means Neate
Crafts;
“Contract” means the
contract between the Company and the Buyer
which shall be deemed to incorporate these
Terms;
“Goods” means any goods
agreed in the Contract to be supplied by the
Company to the Buyer;
“Place of Delivery” means
the place to which the Goods are to be
delivered.
In these Terms, reference to any statute or
statutory provision shall be construed as a
reference to such statute or statutory
provision as amended, modified, re-enacted
or replaced from time-to-time.
2. The Contract
The Contract shall be on
these Terms to the exclusion of all other
terms and conditions, including any such
terms and conditions that are purported to
be included or applied by the Buyer.
No terms and conditions contained in the
confirmation of order, purchase order or
other document of the Buyer will form part
of the Contract.
3. Delivery
Unless otherwise agreed in
writing, the Place of Delivery shall be the
Buyer’s premises.
Any dates specified by the Company for
delivery of the Goods are intended to be an
estimate only. If no date is specified for
delivery of the Goods, delivery shall be
within a reasonable time.
Subject to the other provisions of these
Terms, the Company shall not be liable for
any loss, whether direct or consequential,
economic or loss of profits or otherwise,
arising directly or indirectly out of any
delay in the delivery of the Goods nor will
any delay entitle the Buyer to terminate or
rescind the Contract unless the delay
exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass
to the Buyer on delivery.
Ownership in the Goods shall not pass to the
Buyer until the Company has received in full
in cleared funds all sums due to the Company
in respect of the Goods and all other sums
which are or may become due to the Company
from the Buyer on any account.
Until ownership of the Goods has passed to
the Buyer, the Buyer shall:
-
hold the Goods on a
fiduciary basis as the Company’s bailee;
-
store the Goods
separately from all other goods of the
Buyer or any third party in such a way
that they remain identifiable as the
Company’s property;
-
not destroy or deface
any identifying mark on the Goods or
their packaging;
-
maintain the Goods in
satisfactory condition insured with the
Company’s interest noted on the policy
and hold any proceeds of such insurance
on trust for the Company and not mix
them with any other money.
5. Price
The price for the Goods
shall, unless otherwise agreed, be the price
set out on the Company’s website price list.
The price for the Goods shall be exclusive
of all costs of carriage and insurance and
applicable VAT which the Buyer shall pay in
addition unless the Company states
otherwise.
6. Payment
Subject to paragraph 5,
payment of the price of the Goods shall be
due within 3 days from the date of the
Buyer's Purchase of the Goods.
Payment shall not be deemed to have taken
place until the receipt by the Company of
notification of cleared funds.
7. Returns
The Company warrants that
the Goods are of satisfactory quality.
If the Buyer wishes to make a return, the
Buyer must return the Goods within 7 days of
Delivery of the Goods in the original
condition with labels etc still attached and
in unused/unworn condition. The full Price
of the Goods will be refunded if these
criteria are met.
The Company shall not be liable for the
refund of any Postal Charges as they are
used in the first instance to despatch
goods.
The Company shall not be liable for any
breach of warranty if the Buyer makes any
alters the Goods in any way whatsoever.
The Company’s liability under the warranty
shall be limited to replacing the Goods
(where possible) in question or refunding
the price of such Goods.
8. Limitation of Liability
The Company’s liability in
contract, tort or otherwise arising out of
the subject matter of the Contract shall not
exceed the Price paid for the Goods and the
Company shall under no circumstances be
liable to the Buyer for any consequential,
indirect or economic loss or damages.
9. Force Majeure
If either party is subject
to an event of Force Majeure, that is
circumstances outside its reasonable
control, including but not limited to war,
fire, industrial disputes or civil
commotion, it shall notify the other and the
first party’s obligations under these Terms
shall be suspended until it notifies the
other party of the end of such event of
Force Majeure.
10. General
If any part of these Terms
is found to be void or unenforceable by any
Court of competent jurisdiction, such part
shall be severed from these Terms which will
otherwise remain in full force and effect.
These Terms shall be governed by and
interpreted according to English Law and the
parties submit to the exclusive jurisdiction
of the English Courts.
|
