RICHARD PELL CREATIVE METALWORK LTD . WEB SITE TERMS & CONDITIONS.
PLEASE NOTE THAT,THESE TERM & CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
1.THE CONTRACT. 1.1 For the purpose of this contract hereafter Richard Pell creative Metalwork Ltd shall be described as the "Supplier" and the entity placing an order shall be described as the "Buyer". 1.2 The placing of an order by a Buyer on the Richard Pell web site shall be deemed acceptance of these Terms and conditions in their entirety. Any subsequent verbal or written orders will also be bound by these Terms. 1.3 This Web site, its contents, terms and conditions and contracts shall be governed by and construed in accordance with English Law. Buyers who access the site from other locations outside of England are responsible for all compliance with local laws and taxes.
2. SALE. 2.1 The Buyer shall place an order for Goods by submitting a completed order form via the Web Site. A binding contract is formed only when the Buyer receives confirmation from the Supplier that the order has been accepted. 2.2 The Supplier shall supply the Goods to the Buyer in accordance with the Buyers order or otherwise notify the Buyer of any problems that may occur in fulfilling the order. 2.3 Any advice or recommendation given by any representative of the Supplier to the Buyer relating to the Goods which is not confirmed in Writing by the supplier will not be binding on the Supplier. 2.4 Any variation to these Conditions must be agreed in Writing between the Buyer and the Supplier
3. ORDERS & QUOTES. 3.1 In accepting a quote or submitting an order for the Goods the Buyer acknowledges that: 3.1.1 All information and specifications relating to the Goods and any material produced by the Supplier are approximate only; 3.1.2 The limitations of monitor capabilities and of printers mean that the colour of the products on the web site may vary from the Goods supplied to the Buyer under the contract. 3.1.3 The fact that the patternation of these products is done by hand may mean there will be slight variation from piece to piece. 3.1.4 Any error in any quote, sales literature or other document or information issued by the Supplier or placed upon the web site may be corrected without any liability to the Supplier.
4. RIGHT OF WITHDRAWAL. 4.1 The Buyer has the right to withdraw from the contract within 7 working days of submitting the order for the Goods by giving written notice of the withdrawal and the Supplier shall refund the Buyer to the value of the withdrawn Goods. 4.2 If for any reason the Buyer is not entirely happy with the Goods supplied and notifies the supplier within 10 working days of receipt of the goods the Supplier shall refund the Buyer to the value of the Goods returned. 4.3 The Buyer shall pay the costs of insuring and returning the Goods to the Supplier (in the condition that they arrived in) in the event that the Goods had been despatched by the Supplier prior to receipt of the written notice of withdrawal and in the case of not being entirely happy with the Goods. 4.4 Refunds to the Buyer shall be made in accordance with the Buyers original payment method.
5. PRICE. 5.1 The price of the Goods and the price of the Delivery shall be the price quoted on the Web Site on the date of acceptance of the order by the Supplier. 5.2 The price of the Goods is inclusive of any applicable value added tax, which the Buyer shall be liable to pay to the Supplier. 5.3 The Buyer is responsible for payment of any local taxes or import duties.
6. PAYMENT. 6.1 Payments shall be made by credit card unless previously arranged with the Supplier. 6.2 Credit cards accepted are listed on the Web Site.
7. DELIVERY. 7.1 All dates given by the Supplier for delivery are estimated dates only and therefor the Supplier shall incur no liability for any loss or damage whatsoever as a result of a failure to adhere to any such dates. 7.2 The Supplier shall be entitled to make partial deliveries and thus readjust the order and payment accordingly. 7.3 If the Buyer does not take delivery of the Goods or give the Supplier adequate delivery instructions then the Supplier may store the Goods until delivery can be achieved. 7.4 If there is a short delivery the buyer shall inform the Supplier in writing within 10 working days from the date of delivery. If the buyer does not do so the Supplier shall not be responsible for any loss or damage suffered by the Buyer as a result of the short delivery.
8. TITLE & RISK. 8.1 Risk of damage or loss of the Goods shall pass onto the Buyer on delivery. 8.2 Title in the goods shall pass onto the Buyer on delivery of the goods.
9. INTELLECTUAL PROPERTY RIGHT. 9.1 The intellectual property rights to all drawings ,draft designs, and final product designs belong absolutely to the Supplier 9.2 Material and designs on this web site are protected buy copyright. Users may print and download for personal use only.
10.WARRANTY. 10.1 The Supplier warrants that all Goods supplied are to the best of their knowledge of merchantable quality and are free from any defects due to materials, design, or workmanship. 10.2 All Goods are supplied for decorative or display purpose only, unless specifically designed and varied by the Supplier. Candleholders and sconces are supplied for the original purpose only as detailed in the Web site. 10.3 It is incumbent upon the Buyer to inspect all goods supplied upon delivery. The Buyer must notify the Supplier in writing for items delivered in damaged condition within 10 working days of receipt of the delivery. 10.4 The Supplier will only entertain claims by the Buyer for defects in goods supplied if identified within 12 months of the date of the delivery. Such goods must be returned to the Supplier for consideration, carriage paid. All claims for defects identified by the Buyer must be made in writing with full details to the Supplier within 21 days of the Buyer being aware of the defect, such claims must be acknowledged as received in writing by the Supplier. (Time is of the essence of this clause). 10.5 Should the Supplier accept the validity of any claim, liability shall be limited to replacement or repair of such items. The method of settlement of any claim is at the discretion of the Supplier. No third party claims will be entertained ,as it is incumbent upon the Buyer to ensure that the correct purpose of all goods is supplied to the end -users. 10.6 The Supplier reserves the right to make alterations in design, colour, finish or content of the goods sold from the sample depicted on the Web site or in any literature or catalogues.
11.TERMINATION. 11.1 The Supplier at all times reserves the right, not withstanding any other remedies available to it to refuse to supply and / or suspend further deliveries and / or stop goods in transit or fulfil any other obligations under this contract without having to give reason, whether or not the customer fails to fulfil any of its obligations under this contract.
12.DISPUTES. 12.1 Any disputes that are not resolved by the normal complaints procedure will be resolved exclusively in the courts of England.