HIDE AND COLLARS
STANDARD TERMS AND CONDITIONS
FOR THE SUPPLY OF GOODS
In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Specification;
1.2 "Customer" means the organisation or person who purchases goods from the Supplier;
1.3 "Specification" means a statement within the Supplier's brochure or other sales literature or on the Supplier's web site describing the goods to be provided by the Supplier;
1.4 "Supplier" means Miss Elizabeth Bale trading as Hide and Collars.
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods by the Supplier to the Customer.
2.2 Before the commencement of the sale the Supplier shall submit to the Customer a Specification which shall specify the goods to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Specification. All Specifications shall be subject to these Terms and Conditions.
2.3 The Supplier shall use all reasonable endeavours to supply the goods within estimated time frames but time shall not be of the essence in the supply of any goods.
3 PRICE AND PAYMENT
3.1 The price for the supply of goods is as set out in the Specification.
3.2 Any price offered on the web site is only valid whilst it is displayed. Once withdrawn. it may not be accepted retrospectively.
3.2 Payment shall be made before the supply of goods by the Supplier
4 SPECIFICATION OF THE GOODS
All goods shall be required only to conform to the Specification. For the avoidance of doubt no other representation written or oral, correspondence or statement shall form part of the contract.
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods. The goods shall however be delivered not later than 30 days after the Agreement came into force, unless an agreement has been made to the contrary and then the goods shall be delivered within the agreed final date for delivery.
5.2 All risk in the goods shall pass to the Customer upon delivery.
Title in the goods shall not pass to the Customer until the Supplier has been paid in full for the goods.
7 CUSTOMER`S OBLIGATIONS
7.1To enable the Supplier to perform its obligations under this Agreement the Customer shall:
7.1.1 co-operate with the Supplier;
7.1.2 provide the Supplier with any information reasonably required by the Supplier including but not limited to accurate measurements for the size of the goods, including collar size, where applicable;
7.1.3 to ensure that the goods chosen are suitable for their requirements including but not limited to making consideration to the size, strength and breed of any dog for which they intend to use the goods.
7.1.4 to only make payment using the Customer's own credit/debit card or, if using a card belonging to another individual, with their express permission; and
7.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer's failure to comply with Clause 7.1
7.3 The Customer shall warrant to the Supplier that they are over the age of 18 and are legally capable of entering into a binding contract.
7.4 The Customer shall warrant that they have read and agreed to the provisions of this Agreement prior to placing an order with the Supplier.
8 ALTERATIONS TO THE SPECIFICATION
8.1 The parties may at any time mutually agree upon and execute new Specifications. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the Specification, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8.2 The Customer may at any time request alterations to the Specification by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.
8.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.
8.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Specification shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.
9.1 The Supplier warrants that as from the date of delivery for a period 3 months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials.
9.2 The Supplier warrants that the design and manufacture of the goods under this Agreement shall be completed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
9.3 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods to be provided by the Supplier.
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer's breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any goods and/or services provided by the Supplier in accordance with the Specification infringes a patent, copyright or trade secret or other similar right of a third party.
11 LIMITATION OF LIABILITY
11.1Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
11.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of earnings or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
11.3 Nothing in these Terms and Conditions shall exclude or limit the Supplier's liability for death or personal injury resulting from the Supplier's negligence or that of its employees or agents.
The copyright in the goods shall remain the property of the Supplier.
14 NATURE OF PRODUCTS AND DEFECTS
14.1 The Customer may use information provided by the Supplier, including details on the Supplier's web site but it is the Customer's responsibility to ensure that the goods that they are ordering are suitable for their requirements. Colours of products may not be identically represented on photographs due to camera or monitor settings and products made from natural leather may vary slightly in colour depending on factors such as illumination.
14.2 The Supplier shall not be held responsible for the way in which the Customer uses the goods once they have been delivered. The Customer shall ensure that they care for the goods correctly and ensure that they read and understand any instructions before using the goods.
14.3 If the goods are made from natural materials such as leather, they may contain natural variations in texture or colour; for the avoidance of doubt, such natural variations shall not be considered as defects for the purpose of the Agreement.
14.4 If the goods are hand stitched, hand edged or hand dyed, there may be some slight variation as a result of the individuality of the production method; for the avoidance of doubt, this variability shall not be considered as defects for the purpose of the Agreement.
15 NOTICE OF THE RIGHT TO CANCEL
15.1 The Customer has a statutory right to a "cooling off" period. This period begins once the Agreement has been made and ends on the soonest of:
(a) 7 Calendar Days after the goods have been delivered; or
(b) when the goods are used; or (if the goods are personalised or of particularly large or small collar size)
(c) or (if the goods are personalised or of particularly large or small collar size) on the date when manufacture of the personalised or unusual goods commence.
15.2 If the Customer wishes to cancel the Agreement within the cooling off period the Customer should inform the Supplier immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in the Sales Literature or otherwise notified to the Customer).
15.3 To meet the cancellation deadline, it is sufficient for the Customer to send his or her communication concerning the exercise of the right to cancel before the cancellation period has expired.
15.4 The Customer may cancel the Agreement if the goods have not been delivered within 30 calendar days or the agreed final date for delivery and in accordance with Clause 5.1. The Customer may also cancel the Agreement if the goods are defective.
15.5 If the Customer exercises the right to cancel he/she will receive a full refund of any amount paid to the Supplier in respect of the Agreement, subject to the provisions of Clause 15.8.
15.6 The Supplier will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.
15.7 The goods must be returned to the Supplier within 7 Calendar Days of the day on which the Customer informs the Supplier that he or she wishes to return the goods. The Customer is responsible for paying return shipment costs if the goods are returned for any reason other than them being defective.
15.8 Refunds will be issued within 5 working days and in any event no later than 14 Calendar Days after the Supplier receives the returned goods and will include standard delivery charges. Additional costs such as express delivery will not be refunded.
15.9 Cancellation Notices shall be deemed served upon the Supplier:
In the case of a Cancellation Notice sent by post, at the time of posting; and
In the case of a Cancellation Notice sent electronically, on the day it is sent.
16 RETURNS AND REFUNDS
16.1If the Customer chooses to exercise the right to cancel in accordance with Clause 15 above, any goods received by the Customer must be returned to the Supplier in accordance with this Clause 16.
16.2 The Customer must comply with the following when returning goods:
16.2.1 The Customer must inform the Supplier of their exercise of the right to cancel within the period required by Clause 15.
16.2.2 The goods must be returned in their unopened original packaging, unused, in their original condition and by Royal Mail Recorded Delivery.
16.3 Following the receipt of the goods by the Supplier, in accordance with this Clause 16, all relevant monies paid by the Customer shall be refunded.
17. INFORMATION ON THE WEB SITE
17.1 Information and material present on the Company's web site is intended as a truthful and honest guide to the Company's products, it is however the responsibility of the Customer to ensure that the goods meet their requirements before placing their order. The use of the web site is at the Customer's risk and the Company accepts no liability for its use.
17.2 The Customer has permission to use the pictures, information and material on the web site to assist in their selection of goods. The Company does not give its permission to copy or reproduce the pictures, information and material for any other purpose.
18 FORCE MAJEURE
The Supplier 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, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the Supplier shall be entitled to a reasonable extension of its obligations after notifying the Customer of the nature and extent of such events.
If any provision of this Agreement 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 herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party or to such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post. In addition, communication will by necessity be made in the form of electronic communication via the Supplier's Website and may take the form of postings thereon; for the purposes of this Agreement, the Customer agrees that this form of communication shall be deemed to be in writing.
22 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
23 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
24 GOVERNING LAW AND JURISDICTION
This Agreement 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.