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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 being DesiresandDreams.com
1.6 "Terms and Conditions" means the terms and conditions of sale set out in
this document and any special terms and conditions agreed in writing by the
Seller.
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.
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 30 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 the Order Process section within the website.
4.1 The Price of the Goods shall be that stipulated
on the Seller`s 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.
5.1 The Seller reserves the right to adjust the price
and specification of any item on the Website at its discretion.
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.
6.1 By placing an order at DesiresandDreams.com, you
declare that you are at least 18 years of age. By entering and viewing this
website you also must be at least 18 years of age.
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.
7.1 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.
7.2
All goods sold through this site are sold as 'novelty goods'. The vendor Net
Trading UK Ltd (trading as DesiresandDreams) cannot be held responsible for any
injury caused by improper use.
8.1 Goods supplied within the UK will normally be delivered within 5 working
days of receipt of order.
8.2 Goods supplied outside the UK will normally be
delivered within 5 working days of receipt of order.
8.3 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.
8.4 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.
8.5 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.
8.6 Title and risk in the Goods shall pass to
the Buyer upon delivery of the Goods.
9.1 The Buyer shall inspect the Goods immediately
upon receipt and shall notify the Seller within 7 working days starting the day
after delivery 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.
9.2 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.
9.3 If you are a consumer you have the right, in
addition to your other rights, to cancel your order within 7 working days
starting the day after delivery.
9.4 The Buyer will receive a refund of all
monies paid for the Goods minus delivery costs if the goods are unwanted.
9.5
Goods to be returned must clearly show the order number obtained from the Seller
on the package.
9.6 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.
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.
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.
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, 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.
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.
The Seller shall be entitled to alter these Terms
and Conditions at any time. This right shall not affect the existing Terms and
Conditions accepted by the Buyer upon making a purchase.
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. |
