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Terms & Conditions - Spiral Shop Ltd Definitions 1. "Buyer" means the person who buys or agrees to buy the Products from the Seller. 2. "Seller" means - Spiral Shop Ltd 3. "Conditions" means the terms and conditions of sale set out in this document and any other terms and conditions agreed in writing by the Seller. 4. "Delivery date" means the date estimated by the Seller when the Products are likely to be delivered. 5. "Products" means the goods to be purchased by the Buyer 6. "Price" means the price for the Services or Products including carriage, (mainland UK only) packing and VAT, unless otherwise stated. 7. "Consumer" is a person who is not acting in the course of a trade or profession 8. �Services� means the services to be provided by the Seller to the Buyer 9. Goods are not tested or sold as fit for any particular purpose and any term warranty or condition express implied or statutory to the contrary. In no circumstances whatsoever shall the Seller�s liability (in contract, tort or otherwise) to the Buyer arising out of or in connection with the contract or the goods supplied hereunder exceed the invoice price of the particular goods concerned and all liability (if any) for any indirect or consequential loss (however arising) is expressly excluded. The Seller shall be under no liability for loss or damage or delay however arising caused by circumstances outside his control. Where the Buyer has been shown a sample the Seller does not undertake that the bulk shall correspond with the sample in colour, exact dimensions or quality. 10. All terms express or implied relating to the quality of the goods are warranties only the breach of which gives no right to reject the goods or terminate the contract in any circumstances whatever. 11. Risk to the goods shall pass to the Buyer on delivery or collection. 12. Goods modified or altered in any way by the Buyer invalidates all guaranties and warranties offered at the time of sale. 13. If and to the extent that any person by whom the Seller has been supplied with the goods supplied hereunder (hereinafter referred to as the supplier) validly excludes restricts or limits his liability to the Seller in respect of the said goods or of any loss or damage arising from any liability of the Seller to the Buyer in connection with the said goods then the liability of the Seller to the Buyer in respect of the said goods shall be correspondingly excluded restricted or limited to the extent to which the Supplier is liable to the Seller in respect of the Seller�s liability to the Buyer and no further. Any term warranty or condition express or implied or statutory to the contrary is excluded. The Seller will upon request supply the Buyer with details of any such exclusion or limitation. 14. All prices quoted are exclusive of Value Added Tax where applicable. Accounts in respect of goods supplied are due for payment by the Buyer on or before the last day of the month following that of delivery. In the event of the Buyer not making payment as the above the Seller reserves the right to charge interest (after as well as before any judgement) on the amount overdue at the rate of three percent per annum above the Seller�s bank�s base rate for the time being in force calculated from the due date on a daily basis until the date of payment and being payable without deduction of tax. 15. Delivery of goods shall be made by the Buyer collecting the goods from the Seller�s premises or if some other place for delivery is agreed by the Seller, by the Seller delivering the goods to the nearest point to the road which is suitable in the opinion of the Seller�s driver. The unloading of goods without undue delay is the responsibility of the Buyer unless off-loading by crane lorry has been contracted for. 16. Notice of any claim arising out of or in connection with this contract must be given in writing to the Seller within 7 working days from the date when the goods are collected or delivered, failing which all claims (other than claims arising out of or in connection with defects not discoverable upon reasonable examination of the goods) shall be deemed to be waived and absolutely barred. In any event, the Seller shall be under no liability for shortage or damage in transit or for deviation mis-delivery, or detention unless the Seller and the Carrier are advised thereof in writing otherwise than upon a consignment note or delivery document within 3 days and a claim is made on the Seller and the Carrier within 7 days after the termination of transit defined in the current terms of carriage of the Road Haulage Association (in the computation of time for this purpose the following days shall not be included: Sunday, or any statutory holiday). 17. The Seller will not be responsible for any delays in deliveries or suspension of deliveries due caused by strikes lockouts war fire flood breakdown of plant and machinery or any circumstances beyond his control. 18. Where by express agreement with sellers Buyers return goods to stock a minimum handling charge of 15% of the invoice value plus any carriage or other coasts incurred will be deducted from the amount to be credited. 19. All crates pallets and other materials are charged unless otherwise stated. The cost of crates pallets and packages where charged will be credited upon return provided they are returned in good condition. 20. Where theses Terms and Conditions in any way conflict with any terms or conditions stipulated by the Buyer then such terms or conditions stipulated by the Buyer shall be deemed to be ineffective to the extent of which they are inconsistent herewith. 21. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions the goods shall remain the sole and absolute property of the Seller as legal and equitable owner until the Seller has received in cash or cleared funds payment in full of all amounts owing to the Seller by the Buyer on any accounts whatsoever. The seller may maintain an action for the price of the goods notwithstanding that the Seller retains ownership of them. 22. The Buyer until the happening of any of the events referred to in clause 14 below shall be entitled to sell the goods in the normal coarse of business but the Buyer shall until such resale keep the goods separate and identifiable as the property of the Seller and property stored, protected and insured and the proceeds of resale shall be held by the Buyer in a fiduciary capacity as agent for the Seller until the total amount of the indebtedness to the Seller shall be discharged. 23. In the event of any payment being overdue in whole or in part or any act proceeding involving the Buyer�s solvency being taken the Buyer�s right to sell the goods shall cease and the Seller (without prejudice to any other rights it may have) may by its servants or agents enter upon the premises of the Buyer to recover any goods as yet unsold by the Buyer. 24. Any provision herein set out shall, to the extent to which it would by virtue of the Unfair Contract Terms Act 1977, be of no effect as against a person dealing as a consumer, not apply in respect of a sale to a person so dealing. 25. If any part of these conditions is found by any Court or other competent authority to be invalid, unlawful or unenforceable then such part shall be served from the remainder of these conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law. 26. Occasionally documents produced or supplied by the Seller contain errors or omissions. The Seller always takes care to avoid such errors or omissions. However, should such an error or omission occur, then the Buyer shall not be entitled to rely on that error or omission which shall be corrected by the Seller without any liability on the part of the Seller. 27. Nothing in these conditions shall affect the Buyer's statutory rights as a consumer. 28. The Buyer shall pay the Price at the date of placing the order. Payment terms are 100% with order, unless otherwise specified by the seller at the time of the quotation. full payment is deemed payable 14 days prior to despatch of the product failure to pay the full amount in the allotted time may result in your order being cancelled and your deposit not being refunded. All deposits paid to us are non refundable. 29. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance. 30. Photographs are for illustrative purpose only, and may not exactly match the product itself 31. Descriptions of goods are for reference only, and may not exactly match the product itself. 32. If the Buyer is a Consumer and is dissatisfied with the Products for any reason the Buyer may, within 7 working days after the date of delivery to the Products, notify the Seller that he is cancelling the contract. As soon as reasonably practicable after so notifying the Seller, the Buyer must return the Products to the Seller at the Buyer�s expense or, at the option of the Seller, the Seller may elect to collect the Products from the Buyer at the Buyer�s expense. In the latter case, the Buyer will co-operate reasonably with the Seller in making the Products available for collection. Any money paid by the Buyer for the Products will be refunded within 30 days provided that the Seller receives the goods in the same condition they were in at the time of delivery to the Buyer (The right to cancel in this clause shall not apply if the goods have be opened, used, installed, damaged or any packaging material is missing) . The right to cancel in this clause also shall not apply where the Products comprise goods made to the Buyer�s specifications or clearly personalised. 32.1 As the majority of our goods are made to measure and materials are ordered for such, All deposits and administration fees are non-refundable in all circumstances. 33. The Seller does not warrant that the Products comply with Building Regulations currently in force in England, Scotland and Wales it is the responsibility of the buyer to check with their local building control department for compliance of the product/s prior to ordering. 33.1 The majority of our goods do not fall under the long distance selling act, due to the fact they are made to measure products, our off the shelf products delivered directly from our uk distribution hub or direct from the manufacturer (outside the uk), may fall under the long distance selling act however, the consumer will be responsible for all carriage charges for the cancelled order, which generally equates to a maximum of 20% of the value of the goods, the delivery charge we show to you in printed media or invoices etc is a subsidised amount and not the actual delivery amount levied to us, the remainder of the delivery charges are built into the retail price this is due to the high prices of logistics and the fact that our products are bulky items coming from overseas. 34. The Buyer is responsible for ensuring that the Product is assembled and installed in accordance with the manufacturer�s instructions, and that the installation complies with relevant Building Regulations and Planning Laws 35. The Seller shall not be liable for any loss or expense suffered by the Buyer for late delivery, damaged items, missing part or unsuitability of the product. 36. All estimates or quotations for work to be done are valid for 14 days from the date of the estimate to the Buyer. 37. All estimates or quotations given by the Seller (unless otherwise agreed in writing) Are subject to withdrawal and alteration without notice and do not constitute an offer to supply goods or services. Goods supplied against orders accepted in writing will be charged at the prices ruling at the date of despatch. The Seller may at any time refuse to accept any order placed as a result of any such quotation or estimate. 37.1 All estimates and quotations are issued under conditions of the strictest confidence for the sole use of the addressee an the Seller reserves the right to withdraw any quotation or estimate at any time if in its opinion the information contained therein may have been passed on to a third party.
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