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| Terms & Conditions |
| STANDARD TERMS AND CONDITIONS
FOR SALE OF GOODS
OF PET SHOP GIRLS
1 DEFINITIONS
In this document the following words
shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in
section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to
buy from the Seller;
1.4 "List Price"
means the list of prices of the Goods maintained by the Seller as amended
from time to time;
1.4 "Seller" means Pet
Shop Girls of 34 School Road Kintore, AB51
0UX;
1.5 "Terms and Conditions" means the terms and conditions
of sale set out in this document and any special terms and conditions agreed
in writing by the Seller.
2 GENERAL
2.1 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.
2.2 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.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable
unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's
statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's
current List Price/on the Seller's website/as contained in the Seller's Quotation
(as applicable) at the date of order or as agreed between the parties. The
price is exclusive of VAT and exclusive
of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any
delivery charges) must be made in full before dispatch of the Goods.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying
the Buyer that the Goods are available for collection at the Seller's premises
or for delivery to such place and on such terms as agreed between the Seller
and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 4
days of the order being placed and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date
stated 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.
4.4 Some Goods may not be in stock at the time the order is placed.
In the event that the Seller is unable to deliver the Goods within the time
specified in Clause 4.2, the Seller will contact the Buyer to advise of the
situation and the Buyer shall be entitled to cancel the order and receive
a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
5 WARRANTY
The Seller warrants that the Goods
will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and
shall notify the Seller within 7 days of delivery if the Goods are damaged or do not
comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the
responsibility of the Seller to collect faulty Goods if the items are large,
otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer
shall be entitled to replacement Goods or a full refund (including delivery
costs, if applicable) plus any return postal charges if the Goods are in fact
defective.
6.3 Goods to be returned must clearly show the order number obtained
from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's
fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or
by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the
Goods and receive a refund by informing the Seller in writing or by email
within 7 working days of receipt of the Goods. Goods must be returned at
the Buyer's cost and should be adequately insured during the return journey.
The Buyer shall receive a refund of all monies paid for the Goods (including
delivery charges, if any) except for return postal charges within 30 days
of cancellation.
7 GUARANTEES
In addition to the Buyer's statutory rights, the Seller guarantees
all Goods against faulty workmanship and materials for a period of 3
months from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury, however the Seller
shall not be liable for any direct loss or damage suffered by the Buyer howsoever
caused, as a result of any negligence, breach of contract or otherwise in
excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the
Buyer or any third party for any indirect or consequential loss of profit,
consequential or other economic loss suffered by the Buyer howsoever caused,
as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall
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, including but not limited to acts of God, strikes, lock outs, accidents,
war, fire, breakdown of plant or machinery or shortage or unavailability of
raw materials from a natural source of supply, and the party shall be entitled
to a reasonable extension of its obligations.
10 SEVERANCE
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.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be
governed by and construed in accordance with the law of Scotland
and the parties hereby submit to the exclusive jurisdiction of the Scottish
courts. |
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