1.1 'Buyer' means the person who buys or agrees to buy the
goods from the Company.
1.2 'Conditions' means the terms and conditions of sale set
out in this document and any special terms and conditions
agreed in writing by the Company.
1.3 'Delivery Date' means the date specified by the Company
when the goods are to be delivered.
1.4 'Goods' means the articles which the Buyer agrees to buy
from the Company.
1.5 'Price' means the price for the Goods excluding shipping,
insurance and VAT.
1.6 'Company' means Peak Rock Ltd (owner of Art eStuff website).
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the
sale of Goods by the Company to the Buyer to the exclusion
of all other terms and conditions including any terms or conditions
which the Buyer may purport to apply under any purchase order
confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by
the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special
terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Company.
2.5 Orders/Contract Orders may be accepted in writing, by
internet, telephone or Fax and are only binding when accepted
by the Company and the Company sends out its order confirmation.
On receipt of the order confirmation the Buyer must check
and notify the Company of any mistakes in writing immediately
or the details stated in the order confirmation will apply
to this Agreement.
3. THE PRICE AND THE PAYMENT
3.1 The Price shall be the Company's quoted price which shall
remain valid for 30 from date of quote. The Price is exclusive
3.2 Payment shall be due within 30 days of invoice and time
for payment shall be of the essence.
3.3 If the Buyer fails to make any payment on the due date
then without prejudice to any of the Company's other rights
the Company may:
(a) suspend or cancel deliveries of any articles due to the
(b) appropriate any payment made by the Buyer to such of the
Goods (or Goods supplied under any other contract with the
Buyer) as the Company may in its sole discretion think fit.
3.4 A 15% handling charge will be made on goods returned for
goods returned for credit or substitution.
3.5 The company reserves the right to charge interest on late payments
on authorised credit accounts.
4. THE GOODS
4.1 The quantity and description of the Goods shall be as
set out on the Company's website.
4.2 The Goods shall be supplied in accordance with the description
contained on the Company's website.
4.3 The Company may from time to time make changes in the
specification of the Goods which are required to comply with
any applicable safety or statutory requirements or which do
not materially affect the quality or fitness for purpose of
4.4 Goods and artwork remain the property of Peak Rock Ltd until paid for
4.5 Damages and shortages will only be considered if noted on carrier
documentation and notified to the Company within 24 hours.
5. WARRANTIES AND LIABILITY
5.1 The Company warrants that the Goods will at the time
of delivery correspond to the description given by the Company.
Except where the Buyer is dealing as a consumer (as defined
in the Unfair Contract Terms Act 1977 Section 12) all other
warranties, conditions or terms relating to fitness for purpose,
merchantability or condition of the Goods and whether implied
by statute or common law or otherwise are excluded.
5.2 The Company shall be under no liability whatever to the
Buyer for any indirect loss and/or expense (including loss
of profit) suffered by the Buyer arising out of a breach by
the Company of this contract or out of any misuse or improper
or incorrect operation of the Goods
6. DELIVERY OF THE GOODS
6.1 The Company shall make all arrangements necessary to
take delivery of the Goods whenever they are tendered for
delivery. Any date stated for delivery is approximate.
6.2 The Company shall not be liable for any loss or damage
whatever due to failure by the Company to deliver the Goods
(or any of them) promptly or at all.
6.3 Any fault, shortage or desired exchange of goods should be reported within
48 hours of receiving the delivery by emailing on the following
email address: email@example.com. No claims will be valid after 48 hours.
7. ACCEPTANCE OF THE GOODS
7.1 The Buyer shall be deemed to have accepted Goods after he/she has signed the delivery note.
7.2 After acceptance the Buyer shall not be entitled to reject
Goods which are not in accordance with these terms and conditions.
7.3 No Goods delivered to the Buyer which are in accordance
with the contract will be accepted for return without the
prior approval of the Company on terms to be determined at
the absolute discretion of the Company.
7.4 If the Company agrees to accept any such Goods for return
the Buyer shall be liable to pay a handling charge of 25%
of the invoice price. Such Goods must be returned by the Buyer
carriage-paid to the Company. No special order Goods/products
will be accepted for return and subsequent credit which have
been specifically ordered by the Buyer which are deemed by
the Company to be a non-standard UK stocked product. The above
applies to individual one off unit orders and therefore any
attempt to return products in relation to bulk orders will
only be accepted to the Company's total discretion.
7.5 Goods returned without the prior approval of the Company
may at the Company's absolute discretion be returned to the
Buyer or stored at the Buyer's cost without prejudice to any
rights or remedies the Company may have. Any shipping charges incurred
after the original shipment as well as a 15% handling charge must be
paid by the Buyer.
8. TITLE AND RISK
8.1 Title shall pass on delivery of the Goods where full
cleared payment therefore has been made prior to such delivery
but otherwise (and without prejudice to any other rights of
the Company including clause 3.2) title shall pass only on
the receipt of the full cleared payment of the Goods duly
through the Company's bank account
8.2 Risk shall pass on delivery of the Goods.
9. REMEDIES OF BUYER
9.1 Where the Buyer rejects any Goods then the Buyer shall
have no further rights whatever in respect of the supply to
the Buyer of such Goods or the failure by the Company to supply
Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted
any Goods then the Company shall have no liability whatever
to the Buyer in respect of those Goods.
9.3 The Company shall not be liable to the Buyer for late
delivery or short delivery of the Goods.
10.1 In the event of a confirmed booking being cancelled, notice in writing must be forwarded to our office.
10.2 If cancelled more than sixty (60) days prior to the function, 100% of the payment made will be refunded.
10.3 If cancelled between sixty (60) to thirty (30) days prior to the function, 50% of the payment made will be refunded.
10.4 If LESS than thirty (30) days notice is given, 0% (none) of the payment can be refunded.
11. PROPER LAW OF CONTRACT
11.1 This contract is subject to the law of England and Wales.
Your data will be held and/or transferred in strict accordance
with the applicable Data Protection laws. You may instruct
Art eStuff not to use your data for direct marketing purposes.