1.1 "Company" means Peak Rock Ltd (owner of Art eStuff website).
1.2 "Buyer" means the person who buys or agrees to buy the goods from the Company.
1.3 "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.
1.4 "Delivery Date" means the date specified by the Company when the goods are to be delivered.
1.5 "Goods" means the articles which the Buyer agrees to buy from the Company.
1.6 "Price" means the price for the Goods excluding shipping, insurance and VAT.
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 of VAT.
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 Buyer; and/or
(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.
4.1 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 the Goods.
4.4 Goods and artwork remain the property of Peak Rock Ltd until paid for in full.
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 protected] No claims will be valid after 48 hours
6.4 If the Buyer hasn't received the goods within 21 days of ordering it he/she should inform the Company via email ([email protected]
) or phone (+44 20 7498 7671). No claims will be valid after 21 days
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.Proper Law of Contract
10.1 This contract is subject to the law of England and Wales.
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