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Terms and conditions of sale

Definitions

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.

Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions

Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.

Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.

Seller means WallStickersDecals.co.uk

 

Conditions

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.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

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. Any complaints should be addressed to the Seller’s address at 30 Blackfriars, Tamworth Staffs b79 7yj
Ordering

Where goods ordered by the buyer are not available the buyer shall be notified and given the option of a full refund or a different item along with a compensation amount given at the management’s discretion.

When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section.

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.

 

Age of consent

If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

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.

 

Price and payment

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 via making the payment.

The price of the Goods shall be that which is stipulated on the Website. The price shown on the website is exclusive of VAT.

Should the buyer provide incorrect information and the item is lost the seller will not be held responsible, should an item be lost in the post a free recorded replacement will be provided upon request 2 weeks after the dispatch date should evidence prove that the item is indeed lost.

Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

 

Delivery

Where specific delivery dates have 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.

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.

The goods ordered will be sent as stated or requested, if a buyer does not communicate with the seller informing of any changes required the seller holds no responsibility, the seller also holds no responsibility on poor judgement of size, size’s as stated will be sent and in no circumstances will a refund be given for this reason.

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. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

Goods supplied within the UK will normally be delivered within 10 working days of acceptance of order.

Goods supplied outside the UK will normally be delivered within 21 working days of acceptance of order.

 

Rights of seller

The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

The Seller reserves the right to periodically 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.

 

Warranty

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, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

 

Cancellation and return

Goods must be returned by the Buyer and should be adequately insured during the return journey. The Buyer will receive a refund excluding delivery charges, and a 30% restocking fee, within 30 days of cancellation. However, if the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

 

Limitation of liability

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.

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.

 

Waiver

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.

 

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, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
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.
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 existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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