TERMS AND CONDITIONS OF SALE FOR BUYERS USING THE SITE OF
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1.1 "Buyer" means the individual or organisation who buys, or agrees to buy, the Goods from the Seller; 1.2 "Consumer" shall have the meaning ascribed in section 12 of the UK 's Unfair Contract Terms Act 1977; 1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; 1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller; "Seller" means TOFT Ltd. of Toft Manor, Dunchurch, Warwickshire CV22 6NR , tel +44.(0) 1788.810626. 1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller; 1.7 Website" means this website 1.8 The Website owner is TOFT Ltd.
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.3 Clicking for an order shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. 3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified by the Seller and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days. 3.3 When making an order through this Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods to UK based Buyers shall be in £GBP at the level stipulated on the Website. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order. After the order is received the Seller shall confirm to the Buyer the details, description and price for the Goods. Payment of the price must be made in full before dispatch of the Goods by the Seller. Goods supplied to buyers from outside the UK will have provided to them a separate price estimate to include delivery, as part of the order acceptance process.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right periodically to update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. 5.2 The Seller reserves the right to withdraw any Goods from the Website at any time. 5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT (NOT GENERALLY APPLICABLE)
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. 6.2 If the Seller discovers that the Buyer is not legally entitled to order Goods, the Seller shall be entitled to refuse to accept the order immediately.
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, commonlaw or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose. 7.2 The Goods are hand-crafted and any two items may not be identical or matching. No warranty is given in this respect.
8.1 Goods supplied to Buyers within the UK will normally be delivered within 7 working days of acceptance of order. Goods supplied to buyers from outside the UK will have provided to them a separate time of delivery estimate as part of the order acceptance process. Buyers from outside the UK will be responsible for obtaining any relevant import licence and for payment of any Customs duties. 8.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 8.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 8.4 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 8.5 In the event of a loss of package the Buyer should contact the Seller and a replacement will be dispatched. The Seller will undergo necessary procedure to claim loss of package from the Royal Mail. 8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller via phone, Email or post within 14 working days of delivery, if the Goods are damaged or do not comply with the order. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. 9.2 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective. 9.3 If the Buyer is a consumer, it has the right, in addition to its other rights, to cancel the Contract and receive an echange or refund by informing the Seller via phone, Email or post within 14 working days of receipt of the Goods. All Goods can be returned and exchanged or refunded if the ordered size is found to be inappropriate. 9.4 In the event of cancellation, the Buyer will post the items back to the Seller and a refund will be issued. The Buyer will be under a duty to take good care of the Goods until they have been returned. The Buyer will receive a refund of all monies paid for the Goods within 30 days of cancellation. 9.5 Goods to be returned must clearly show the invoice number obtained from the Seller on the package. 9.6 Where returned Goods are found to be damaged through no fault of the Seller, the Buyer will be liable for the cost of the Goods.
10 THIRD PARTY SELLING
10.1 The customer is forbidden from selling any of the Supplier's Goods to any third parties. For the avoidance of doubt this includes either to or through a website such as: 'Amazon', 'eBay', or 'Not On The High Street'. Please note this is not intended to be an exhaustive list and the websites listed are provided as examples only.
11 LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller, the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15.1 All notices given pursuant to this Agreement shall be in writing sent to the other's registered office for the time being. 15.2 Notices may be sent by hand delivery, by pre-paid first class post, by fax, or by E-Mail 15.2.1 Notices will deemed to have been given: - 15.2.2 If by hand delivery: at the time of delivery 15.2.3 If sent by post on the second business day following the day of posting 15.2.4 If sent by fax at the time of transmission and a fax confirmation sheet shall be evidence of transmission. 15.2.6 If sent by E-Mail when the notice is received by the party to whom it is addressed is able to access it in an intelligible form (as defined by S.56(1) of the Regulation of Investigatory Powers Act 1998) and whether the recipient chooses to access it is immaterial.
16 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the Seller's existing Terms and Conditions accepted by the Buyer upon making an order.
17 DISPUTE RESOLUTION
In the event of any dispute arising between the parties in connection with this agreement which cannot be settled by negotiation, the parties will in good faith, seek to resolve that dispute through mediation under the auspices of the ADR Group of Grove House, Grove Road, Redland, Bristol BS6 6UN before resorting to expert determination. If the dispute is not resolved by mediation within 30 days, or if one of the parties will not participate in the mediation, the dispute shall be referred to expert determination by a chartered accountant appointed by the parties jointly or in default of agreement by the President for the time being of the Institute of Chartered Accountants of England and Wales on the application of any party. The costs of the expert determination shall be as directed by the expert. The jurisdiction and law applicable to this contract is that of England and Wales .