Definitions
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.
Contract means the contract between the Seller and the Buyer for
the sale and purchase of Goods incorporating these Terms and
Conditions.
Goods means the articles that the Buyer agrees to buy from the
Seller.
Website means
www.diecastinvestor.co.uk
Seller means Nicholas Simpson of 39 St Georges Square, London,
SW1V 3QN that owns and operates
www.diecastinvestor.co.uk
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.
Conditions
Nothing in these Terms and
Conditions shall affect the Buyer’s statutory rights as a
Consumer.
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.
Placing an order for Goods using the website shall be deemed
conclusive evidence of the Buyer’s acceptance of these Terms and
Conditions.
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 39 St
Georges Square, London, SW1V 3QN
Ordering
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.
Where the Goods ordered by the Buyer are not available the Buyer
shall be notified and given the option to either wait until the
Goods are available or cancel the order and receive a full
refund within 30 days.
Price and payment
The price of the Goods shall be
that which is stipulated on the Website. The price is exclusive
of Delivery charges
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.
Payment of the price plus VAT and delivery charges must be made
in full before dispatch of the Goods.
The buyer is responsible for any duties payable on goods being exported.
Delivery
Goods supplied within the UK will
normally be delivered within 5 working days of acceptance of
order.
Goods supplied outside the UK will normally be delivered within
10 working days of acceptance of order.
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.
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.
The seller takes no responsibility where an incorrect address is
supplied.
Rights of seller
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.
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.
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
1) The Buyer shall inspect the
Goods immediately upon receipt and shall notify the Seller
within 3 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.
2)
Where a claim of defect or damage is made the Goods shall be
returned by the Buyer to the Seller. The Buyer shall be entitled
to a full refund (including delivery costs) plus any return
postal charges if the Goods are in fact defective.
3) Items on the website are sold as seen, every effort will be
made to describe them in detail and additional photographs will
be supplied on request. Buyers must satisfy themselves that the
condition and colour is as described or stated.
4) Goods to be returned must
clearly show the order number obtained from the Seller on the
package.
5) 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.
Limitation of liability
1)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.
2)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.
