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Purse Tails - www.pursetails.co.uk

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STANDARD TERMS & CONDITIONS

1.            Definitions


In these Conditions: a reference to:


"Conditions" means these standard terms and conditions.

"Contract" means a contract between us and you for the sale of Goods, comprising your order, our form of acceptance and these Conditions.  In the event of any inconsistency between these Conditions, your order or our acceptance, these Conditions shall prevail to the extent of the inconsistency.

"Goods" means goods supplied or agreed to be supplied by us to you under any Contract.

"us" or "our" shall be a reference to "Purse Tails", a partnership between Katherine Hughes and Peter Hughes;

"you" or "your" shall be a reference to any person which places an order with us for the purchase of Goods.

"Web-Site" means our web-site at www.pursetails.com.

 

2.            Price and Fees

2.1         Unless otherwise agreed in writing between us and you, the price of Goods shall be the price quoted by us to you (where such quote remains valid at the time your order was placed) or, where no price has been quoted (or a quoted price is no longer valid), the price in our prevailing published price list(s) current at the date of acceptance of the order. Quoted prices shall remain valid for 10 days from their date.


2.2         All prices quoted by us are, unless stated otherwise, exclusive of Value Added Tax and all other applicable taxes and duties (if applicable), which shall be payable by you.

3.            Payment


3.1         Payment of the price of Goods, together with any transport, packaging, Value Added Tax and other charges, taxes and duties payable, shall be made by you to us either by Paypal or via Google Checkout in Pound Sterling (or such other means as is agreed by us in writing) on the date on which we accept your order.


3.2         All amounts due by you shall be paid in full without deduction, withholding, set-off or counterclaim for any reason whatsoever.


3.3         If you fail, on the due date, to pay any sum due to us then, without prejudice to any other right or remedy available to us, we shall (at our option) be entitled where applicable, to suspend performance of the Contract until payment is made in full or terminate the Contract immediately by written notice.

 

4.            Delivery & Returns


4.1         Orders accepted by us will generally be despatched by recorded delivery on the next business day, provided that we have sufficient stock to meet your order.  Postage and packing charges are calculated on checkout and are purley based on weight and delivery destination:


4.2         Any dates quoted by us for delivery of Goods are approximate only and we shall not be liable for any delay in delivery of Goods howsoever caused.  Time for delivery and performance shall not be of the essence unless previously agreed by us in writing.


4.3         If for any reason you are not satisfied with the Goods, we will exchange or refund the price of the Goods (but not the costs of delivery or packaging of the Goods either to you or their return to us) provided that you:


 (a)   notify us by e-mail within 7 days of the date of delivery; and


 (b)  obtain a “returns number” from us by e-mailing us at the address set out in our Web-Site; and


 (c) return the Goods to us within 10 days of the date of delivery in their original condition.

 

5.            Formation of Contract and Basis of Sale


5.1         We shall sell Goods in accordance with these Conditions which you, in entering into a Contract, shall be deemed to have accepted.


5.2         A quotation by us does not constitute an offer and we reserve the right to withdraw or revise any quotation at any time prior to our acceptance of your order.


5.3         A Contract shall be formed when acceptance of your order is communicated by us (in writing or through our web-site) or when Goods are despatched, whichever is earlier.


5.4         No order which has been accepted by us may be cancelled or varied by you.

 

6.            Risk and Title


The risk of loss and damage to Goods shall pass to you on delivery.

 

7.            Warranties


7.1         We warrant that Goods will correspond in all material respects with the specification provided by us on our Web-Site at the time of acceptance of your order.


7.2         We shall have no liability to you:


               (a)  in respect of any defect in Goods arising from fair wear and tear, neglect or failure to follow our instructions (whether set out on our Web-site or otherwise), or misuse, alteration or repair of Goods without our approval;


               (b)  if you fail to notify any claim in respect of Goods based on an alleged breach of the warranty within [7] days after the discovery of the alleged breach.

 

8.            Liability


8.1         We shall have no liability to you for any loss of profit, loss of income, loss of business, loss of revenue, loss of goodwill, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in tort (including negligence), contract or otherwise.


8.2         Our maximum aggregate liability under or in connection with any Contract, whether arising in contract, tort (including negligence) or otherwise, shall in no event exceed the total amount payable by you to us under that Contract.


8.3         Nothing in these Conditions shall exclude or limit our liability for (i) fraud, (ii) death or personal injury caused by our negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977), (iii) breach of terms regarding title implied under the Sale of Goods Act 1979 and/or Supply of Goods and Services Act 1982, or (iv) any other liability to the extent that the same may not be excluded or limited as a matter of law.


8.4         All conditions, warranties, representations and terms, express or implied, whether by statute, common law or otherwise, in relation to Goods are hereby expressly excluded.

 

9.            Intellectual Property Rights


Notwithstanding delivery of and the passing of title in any Goods, nothing in any Contract shall have the effect of granting or transferring to, or vesting in, you any intellectual property rights in or to any Goods.

 

10.          General


10.1      No variations to any Contract shall be effective unless made in writing signed by the duly authorised representatives of the parties.


10.2      Failure by us to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.


10.3      If any provision is invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of such Contract.


10.4      The Contracts (Rights of Third Parties) Act 1999 shall not apply to any Contract.


10.5      You may not assign, transfer or otherwise dispose of all or any of your rights or obligations under any Contract without our prior written consent.  We may assign, sub-contract, delegate, transfer or novate all or any of our rights and/or obligations under any Contract.


10.6      Any notice to be given pursuant to any Contract shall be sent to the intended recipient's registered office address or any other address as notified from time to time.  Notice shall be regarded as properly given if sent in writing and shall be deemed to have been served on delivery if sent by hand, 48 hours after despatch if sent by post, and on confirmation of transmission if sent by facsimile.


10.7      These Conditions and all Contracts shall be construed in accordance with the laws of England and subject to the exclusive jurisdiction of the English courts.

 

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