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TERMS AND CONDITIONS
OF SALE
1 DEFINITIONS
1.1 "Buyer" means the individual or
organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning
ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between
the Seller and the Buyer for the sale and purchase of Goods incorporating
these Terms and Conditions;
1.4 "Goods" means the articles that
the Buyer agrees to buy from the Seller;
1.5 "Seller" means URBAN TANNING LTD
of 65 LAVENDER HILL, BATTERSEA, LONDON, SW11 5QN that owns and operates
WWW.URBANTANNING.CO.UK
1.6 "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;
1.7 "Website" means WWW.URBAN TANNING.CO.UK
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall
affect the Buyer's statutory rights as a Consumer.
2.2 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.
2.3 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
(including any special terms and conditions agreed between the parties)
shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the
Seller's address stated in clause 1.5.
3 ORDERING
3.1 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.
3.2 Where the Goods ordered by the Buyer are
not available from stock the Buyer shall be notified and given the
option to either wait until the Goods are available from stock or
cancel the order and receive a full refund within 28 days.
3.3 When making an order through the Website,
the technical steps the Buyer needs to take to complete the order
process are described in http://www.urbantanning.co.uk/tanning_products.html.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated
on the Website. The price is INCLUSIVE of VAT. The price EXCLUDES
delivery charges.
4.2 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.
4.3 After the order is received the Seller shall
confirm by email the details, description and price for the Goods
together with information on the right to cancel if the Buyer is
a Consumer.
4.4 Payment of the price plus VAT and delivery
charges must be made in full before dispatch of the Goods.
4.4 In the case of Consumer sales, payment of
the price plus VAT and delivery charges must be made in full before
dispatch of the Goods.
4.5 In the case of other sales, payment of the
price plus VAT and delivery charges shall be due within 30 days
of the date of receipt of the invoice supplied by the Seller.
4.6 Interest on overdue invoices shall accrue
from the date when payment becomes due from day to day until the
date of payment at a rate of 3% above the base rate of the Bank
of England from time to time in force.
5 RIGHTS OF SELLER
5.1 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.
5.2 The Seller reserves the right to withdraw
any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone
for withdrawing any Goods from the Website or for refusing to process
an order.
6 AGE OF CONSENT
6.1 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.
6.2 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.
7 DELIVERY
7.1 Goods supplied within the UK will normally
be delivered within 1-3 working days of acceptance of order.
7.2 Goods supplied outside the UK will normally
be delivered within 1-3 working days of acceptance of order.
7.3 Where a specific delivery date has 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.
7.4 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.
7.5 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.
7.6 Risk in the Goods shall pass to the Buyer
upon delivery of the Goods, or where the Buyer fails to take delivery
at the agreed time, at the time delivery was attempted.
7.7 Title in the Goods shall not pass to the
Buyer until payment of the price has been made in full.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel the order for any reason
up to the point of dispatch and any payments made by the Buyer shall
be refunded in full within 28 days.
8.2 The Buyer shall inspect the Goods immediately
upon receipt and shall notify the Seller IN WRITING within 7 days
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.
8.3 Where a claim of defect or damage is made,
the Goods shall be returned by the Buyer to the Seller within 28
days of delivery. The Buyer shall be entitled to a replacement or
a full refund (including delivery costs) plus any return postal
charges if the Goods are in fact defective.
8.4 If you are a consumer you have the right,
in addition to your other rights, to cancel the Contract and receive
a refund by informing the Seller IN WRITING within 7 working days
of receipt of the Goods. The right to cancel does not apply to contracts
for the supply of software, audio or visual recordings if these
have been unsealed by the Consumer.
8.5 Goods must be returned by the Buyer at the
Buyer's expense within 28 days of cancellation in the original packaging
and should be adequately insured during the return journey. The
Buyer will receive a refund of all monies paid for the Goods (including
delivery charges, if any) except for return postal charges. 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.
8.6 Goods to be returned must clearly show the
order number obtained from the Seller on the package.
8.7 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.
9 GIFT VOUCHERS
In addition to these Terms and Conditions, the
following terms and conditions shall apply to the sale of gift vouchers:
9.1 Gift vouchers will be dispatched within 1-3
WORKING DAYS of acceptance of order and will be delivered by ROYAL
MAIL. Payment must be made IN FULL BEFORE DISPATCH.
9.2 The Buyer must notify the Seller of any discrepancy
in a delivery as soon as possible but in any event within 7 days
of the delivery of the vouchers.
9.3 Risk of loss, destruction or damage to the
vouchers remains with the Seller until delivery to the Buyer where
upon risk shall pass to the Buyer.
9.4 Gift vouchers may be exchanged for GOODS
OR SERVICES at URBAN TANNING. Vouchers cannot be redeemed for cash
in part or whole. Vouchers are not sold on a sale or return basis
and no return will be permitted unless it can be demonstrated that
the Seller has been in error in fulfilling the Buyer's order.
9.5 Gift vouchers are valid for 1 YEAR from the
date of purchase and cannot be renewed once they have expired. Vouchers
cannot be replaced if lost or damaged.
10 LIMITATION OF LIABILITY
10.1 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.
10.2 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.
11 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.
12 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.
13 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.
14 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.
15 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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