Paperweights

Terms & Conditions

General

We only sell on the basis of these General Terms and Conditions of Sale. Any conditions of the purchaser which deviate from these Conditions shall not be binding on us whether or not there is a written objection by the purchaser. Oral agreements are only valid if they are confirmed by us in writing.

Important

By accessing this site, you agree to these terms and conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this site.

Definitions

"you" means the user of the site, "We", "us" and "our" means Daphne Pain Paperweights, "site" means the site of the World Wide Web located at www.paperweight.uk.com www.daphnepainpaperweights.co.uk www.daphnepainpaperweights.com and "content" means the information and other material available within the site.

Availability of the Website

You acknowledge that it is technically impossible to provide the site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the site; and that the operation of the site may be adversely affected by conditions and performance outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We may make improvements and/ or changes in the site at any time.

Links to Third –Party Sites

This site may contain hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or the third parties via the site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

Purchase Terms – Data Protection

Our personal information Policy applies

Rights Granted/Rights Reserved

The content is for your personal use only and you may download the content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the content.

Extent/Details of delivery

The details contained in the order documentation shall form the basis for the terms of the order and extent of the delivery.

Times of Delivery and Delays in Deliveries

All delivery dates and periods stated shall be considered as approximate only unless we have given a written binding confirmation in this respect. Any delivery dates shall be extended-even if already late- if due to incidents of force majeure and any other unforeseeable events occurring after the date of contract, which are not due to any fault on our part. This is also applicable if such circumstances arise with our own suppliers. Apart from this we shall be liable in accordance with the applicable legal provisions. In the event that we should be liable for compensation, any compensation payable to the purchaser shall be restricted to any damage foreseeable at the time of the making of the contract but hall be limited to a maximum of 5% of the value of that part of the total delivery which because of the delay or non –delivery could not be delivered in time or in accordance with the contract. This restriction in respect of liability shall not apply in circumstances of intention or gross negligence on our part.

Allocation of Risk, Despatch

Any orders with a value of £185.00 net (exclusive of VAT) shall be delivered free of charge and packaging costs to every receipt station in the UK Mainland. If postal, special delivery or express or other types of delivery are required, the purchaser shall be responsible for the additional costs compared with the parcel delivery costs. Prices for delivery to all areas out side the UK mainland will be calculated at the cost we are charged from the carriers these prices are subject to VAT.

In the case of orders under £185.00 net, the purchaser shall be responsible for the packaging and freight costs which we shall add to the invoice at cost.

All deliveries are despatched at the cost and risk of the receiver. Any damaged goods in transit are to be accepted only after confirmation of the damage to the carrier,eg railway.post office,transport company or parcel service.

Claims based on Defective Goods

Goods must be inspected immediately at the time of delivery. Any claims must be made immediately and shall not be recognised if made later than 8 days following receipt of the goods. We give no warranty that the goods ordered are suitable for the intended purpose of the purchaser. It is the responsibility of the purchaser to test there suitability prior to their processing or use. We do not accept liability for damages, disadvantages or consequential losses.

In the event that the delivery is faulty, the purchaser will only have the right under exclusion of all other rights to cancellation of the contract, reduction in the purchase price or to delivery of defect-free goods on the basis of the return of the defective goods delivered. If at the time of the passing of the risk the goods do not have any warranted properties, the purchaser is only entitiled to cancel the contract. Minor deviations in the materials, material mix adhesive strength hardness opacity small air bubbles etc shall not be regarded as defects.

Retention of Title

All goods delivered shall remain our property until all of our outstanding invoices, whether present or future, have been paid, and in cases of payment by bill of exchange or cheque, until these have been cashed. We shall be entitled to take back the goods if there is a delay in payment. If the purchaser stops payments or applies for a composition with his creditors or makes an application for bankruptcy/liquidation, the goods are to be sent back to us with out request.

In the event of the sale of the goods delivered under retention of titled (reserved goods), the purchaser assigns to us any demands for payment resulting from the sale to such third parties, irrespective whether the goods have been sold on following processing or not and whether the goods are sold to one or several purchasers. The assigned payment is to form our security to the extent of the value of the goods subject to retention of title.

If the goods are sold together with other goods which do not belong to us, then the assigned payment rights shall be valid to the amount of our Reserved Goods. The purchaser shall be entitled to sell on the Reserved Goods. However, in such an event the claim for payment arising from the sale to the third party shall be transferred to us. The purchaser is authorised to collect the payment arising from the resale. On request the purchaser has to notify the debtors of the assigned debt. The retention of title in accordance with the above terms shall remain in force even if our claim is part of a current invoice and the balance has been struck and acknowledged. At the time full payment has been received of all our claims, the property in the Reserved Goods shall pass to the Purchaser. Any securities exceeds the outstanding claims by one third.

Prices

All prices stated in the price list are net prices. The net prices are not legally binding; the net prices applicable at the date of despatch shall be invoiced. In the event there are significant differences in raw material prices, the prices applicable may be subject to a surcharge.

Value added tax will be charged at the rate of the tax point date.

Terms of Payment

For account customers the invoice amount is due for payment at the latest 30 days from the date of invoice and is nett.

All purchases made via the web site from non account customers are payable at the time of placing the order. This can be made via credit card payments or cheque. In the case of cheques these would need to be cleared via the bank before the order is shipped.

Credit Safeguard

In the event that after conclusion of the contract we become aware of circumstances (e.g. through a bank or an information agency) which points towards a lack of creditworthiness of the purchaser, we shall have the right to demand payment in advance or to cancel the contract.

Modification of these Terms and Conditions

We reserve the right to change these terms and conditions from time to time. By continuing to use the site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the site.

Purchase Terms – General

These Purchase Terms shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts. Each of the clauses of these purchase Terms shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.