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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 Prim Sisters;
“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. |
