| These are the BUSINESS-TO-BUSINESS TERMS AND CONDITIONS OF SALE of CurioQuest, Charmwood Farm, Charmwood Lane, Orpington, Kent, England ("the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods"). |
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1.1 In these Conditions:
'Conditions' means the standard Terms and Conditions of sale set out in this document;
'Contract' means the contract for the sale of the Goods;
'Payment Card' means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Delivery Area' means United Kingdom, and those areas selectable as a delivery address at the time of ordering, excluding Delivery Companies or Post Office Boxes;
'Goods' means goods which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
'Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
'Order' means any order placed by you with us for the supply of Goods;
'Order Form' means the electronic order form completed and submitted electronically by you;
'Regulations' means the Consumer Protection (Distance Selling) Regulations 2000;
'Web Site' means our presence on the world wide web, currently accessible via the address shown at the start of this document.
'You' or 'Buyer' means the person, firm, Company, Corporation, Trust, Charity or entity by whom the order is given.
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
4. Price of the goods
4.1 Except as otherwise agreed, the price of the Goods shall be the price ruling at the date of dispatch and the We reserve the right to alter the price without notice whether before or after the formation of a contract in order to take into account the any increase or decrease in Our general prices appertaining to such or similar Goods up to the date of dispatch.
4.2 All orders will be subject to a minimum quantity and/or order value requirement to be notified by Us or published on our Web Site from time to time.
4.3 The price of the Goods does not include insured postage or packaging. There may be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.
4.4 Except as otherwise agreed, Value Added Tax and all other taxes of any nature whatsoever now or hereafter levied either directly or indirectly upon the sale or delivery of the Goods covered hereby or upon the subject matter hereof shall be borne by the Buyer.
4.5 Except as otherwise agreed the Buyer shall be entitled to discounts as allowed by the Seller provided that the payment to the Seller for those goods is made within the terms herein. In the event that the Buyer fails to make payment in full to the Seller within the terms specified herein then the Seller reserves the right to withdraw any discount given and to demand payment of the non-discounted list price for any goods supplied.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you:
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
5.5 Expect as otherwise agreed Orders over our payment threshold are to be paid for by Bank Transfer.
5.6 Expect as otherwise agreed We do not accept cheques.
5.7 Orders below our payment threshold may be paid by Payment Card.
5.8 If the Buyer fails to pay the purchase price the Seller shall be entitled, without prejudice to any other rights it may have, to charge interest thereon from the date when due until payment at the rate of 5% per annum over the HSBC Bank plc base rate for the time in force, such interest to be calculated on a daily basis and to be payable before or after any judgement.
5.9 Except as otherwise agreed Goods must be paid for before delivery is made.
5.10 The Seller reserves the right to demand payment for goods supplied to Buyers outside the United Kingdom in any currency as the Seller stipulates.
6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.2 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control.
6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will deliver the part we can and deliver the remainder as soon as reasonably possible. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
6.5 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you.
6.6 You will make all reasonable efforts to take delivery of the Goods at the appropriate time. If we are unable to securely leave Goods they may be re-delivered. We reserve the right to charge you the cost of re-delivery.
6.7 We will send you an email informing you of the date of dispatch of the Goods. Goods will be deemed received by the intended recipient on the day the Goods were signed for at the delivery address or two days following the date of dispatch where sent by Royal Mail 24 or First Class Post or three days following the date of dispatch where sent by Royal Mail 48 or Second Class Post or five days following the date of dispatch where sent by other means unless you otherwise notify us in writing within 7 days of the date of dispatch.
6.8 We reserves the right to alter, without notice, its export terms and conditions.
6.9 We shall not in any event be liable for any loss or damage to the goods or any discrepancies in the quantities delivered unless We and our carrier (if any) are advised in writing within three clear days of the receipt of the consignment or in the case of non-delivery of the whole consignment or package forming part thereof unless We and our carrier (if any) are advised within three clear days of the date of the mailing. If You fail to notify Us within the time specified above, You shall be liable to pay for the goods undelivered or damaged as if they had been delivered in good condition.
6.10 We shall not be liable for failure to deliver or delay in delivering by reason of the following matters namely; force majeure, existing or future strikes or other labour troubles, inability to obtain necessary materials or services from usual sources of supply or any other cause whatsoever beyond Our control. In the event of any such delays as aforesaid We shall have the right either to suspend deliveries or cancel the contract without liability.
6.11 Where we or our carrier fail to deliver a timed delivery within the specified time our liability will be limited to the difference in cost between the service paid for and the service provided.
7. Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods.
8. Warranties and liability
8.1 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9.1 The buyer is responsible for ensuring the Goods meet their specifications and requirements before placing an Order.
9.2 In the event of a Buyer requiring to return goods for any reason other than faulty manufacture or damage caused in transit to the Buyers premises, returns will only be accepted if prior written permission has been obtained from the Seller. Such returns will be subject to minimum fee of 20% of the original invoice value. The Seller reserves the right to deduct from any refund the cost of delivering the goods to the buyer.
9.3 In the event of a Buyer requiring to return goods for any reason other than faulty manufacture or damage caused in transit to the Buyers premises, the cost of returning Goods shall be borne by the Buyer.
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 These Terms and Conditions of Sale and any contract between the Seller and the Buyer shall be subject to and construed according to the Laws of England and any dispute arising therefrom shall be subject to the exclusive jurisdiction of the English Courts.
11.6 These Terms and Conditions of Sale override any differing conditions which may appear on the Buyers order form or other similar document and govern all sales by the Seller. No changes may be made therein except with the written consent of the Seller.
(Rev. 22 April 2014)
End of Business-To-Business Terms And Conditions Of Sale