The Buyer's attention is in particular drawn to the provisions of condition 11.3.
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person, firm or company who purchases the Goods from the Seller.
Contract: any contract between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them).
Seller: Jamie Peck trading as bigautographs.com
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all the Seller's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed for and on behalf of the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this condition shall exclude or limit the Seller's liability for fraudulent misrepresentation.
2.4 Each order or acceptance of a quotation for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.5 No order placed by the Buyer shall be deemed to be accepted by the Seller until the Seller despatches the Goods to the Buyer. For the avoidance of doubt, the Seller’s written confirmation of it’s receipt of the order is not an acceptance of the order.
2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.7 All prices are quoted on the basis that no Contract shall come into existence until the Seller despatches the Goods to the Buyer.
3. DESCRIPTION
3.1 The quantity and description of the Goods shall be as set out in the Seller's acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
4. DELIVERY
4.1 Unless otherwise agreed in writing by the Seller, delivery of the Goods shall take place at the Buyer’s address. Goods shall be sent by recorded delivery.
4.2 Unless otherwise agreed, the Buyer shall take delivery of the Goods within 30 days of the Seller’s confirmation of the order.
4.3 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations then this Contract shall be void. The Seller shall be entitled to keep the Goods and shall refund to the Buyer any purchase price paid less the delivery costs.
5. NON-DELIVERY
5.1 The quantity of any consignment of Goods as recorded by the Seller on despatch from the Seller's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2 The Seller shall not be liable for any non-delivery of Goods (unless caused by the Seller's negligence) unless the Buyer gives written notice to the Seller of the non-delivery within 20 days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of the Seller for non-delivery of the Goods shall be limited to, at the Seller’s discretion, replacing the Goods or refunding any payment made by the Buyer to the Seller in respect of the Goods.
6. RISK/TITLE
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect the Goods.
7. PRICE
7.1 The price for the Goods shall be the price set out in the Seller's order confirmation and shall remain valid for 20 days of issue of the confirmation unless there is a manifest error in such price. If there is an error in the price then the Seller will notify the Buyer as soon as possible and the Contract will be void and the Seller will refund any price already paid. For the avoidance of doubt, the Seller will not be obliged to supply any Goods at a price which the Seller has identified as incorrect.
7.2 The price for the Goods shall be inclusive of any value added tax but exclusive of all costs or charges in relation to carriage and insurance all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.
8. PAYMENT
8.1 Payment of the price for the Goods is due in pounds sterling when the order is placed.
8.2 No payment shall be deemed to have been received until the Seller has received cleared funds.
9. QUALITY
9.1 The Seller is not the manufacturer of the Goods, the Seller shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller in relation to the authenticity of the Goods.
9.2 The Seller warrants that the Goods on delivery shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and on delivery be reasonably fit for the purposes for which they are supplied. This warranty does not affect any additional statutory rights which the Buyer may have.
9.3 If any of the Goods do not conform with the warranty in condition 9.2 the Seller shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods provided that, if the Seller so requests, the Buyer shall, at the Seller's expense, return the Goods or the part of such Goods which is defective to the Seller.
9.4 If it transpires that the Goods bear a counterfeit or “Pre-Printed” autograph (otherwise than listed within the Pre-Printed section of the website) instead of a genuine autograph then on return of the Goods the Seller shall provide a full refund in respect of the Goods.
9.5 Any Goods replaced shall belong to the Seller and any repaired or replacement Goods shall be guaranteed on these terms.
10. BUYER’S RIGHT TO CANCEL
10.1 Subject to condition 10.2, you have a right to cancel this Contract within seven working days beginning on the day after the Goods have been delivered (Cancellation Period).
10.2 You do not have a right to cancel if:
(a) the Goods are audio or video recordings (which includes DVDs) or computer software (including games) which are delivered sealed wrappings and you have unsealed those wrappings; or
(b) the Goods were created specifically to you requirements (for example, where the Seller has source or had created an item with an autograph which bears a personal message).
10.3 If you have a right to cancel under condition 10.1 then you may exercise it by writing to bigautographs.com during the Cancellation Period.
10.4 On the cancellation of a Contract in accordance with this condition 10 any sum paid by the Buyer will be repaid as soon as possible and, in any case, within 30 days of the cancellation. Except where Goods are returned because they are faulty, the Seller will impose a reasonable charge to cover postage costs incurred by the Seller if the Seller bears the cost of the Buyer returning the Goods.
11. LIMITATION OF LIABILITY
11.1 Subject to condition 4, condition 5 and condition 9, the following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
11.2 Nothing in these conditions excludes or limits the liability of the Seller:
(a) for death or personal injury caused by the Seller's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
11.3 Subject to condition 11.2:
(a) the Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price; and
(b) the Seller shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12. ASSIGNMENT
12.1 The Seller may assign the Contract or any part of it to any person, firm or company.
12.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
13. FORCE MAJEURE
The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract and receive a full refund.
14. GENERAL
14.1 Each right or remedy of the Seller under the Contract is without prejudice to any other right or remedy of the Seller whether under the Contract or not.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
14.4 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.6 The Buyer may address any complaints to bigautographs.com
14.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
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