Terms & Conditions
TERMS AND CONDITIONS OF SALE OF MYRTLES BAGS
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" means "Myrtles Bags" of 94 Adelaide Road, Chichester, West Sussex, PO19 7NA;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means "Myrtles Bags" website.
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.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3 ORDERING, PRICE AND PAYMENT
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.
3.2 The Seller shall not be liable to anyone for refusing to accept or process an order for whatever reason.
3.3 After an order is received and accepted the Seller shall confirm by email the details, description, price and estimated delivery date for the Goods together with information on the right to cancel. No contract shall exist until an order has been
accepted in this manner. If an email confirmation is not received the Buyer should so advise the Seller by email to email@example.com.
3.4 The price of the Goods shall be that agreed between the Seller and the Buyer and shall be inclusive of all charges except that International Buyers shall be liable for any import taxes levied.
3.5 Payment of the agreed price must be made in full before dispatch of the Goods.
3.6 Payment of the agreed price may be made via PayPal, by bank transfer or by cheque. Orders paid for by cheque will require seven days for clearance.
4.1 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.
4.2 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.
4.3 Delivery of the Goods shall be made to the 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.
4.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
4.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
5 CANCELLATION AND RETURN
5.1 The Buyer may cancel the order for any reason and at any time before the expiration of seven days from the date the Contract to buy was made. If, however, the Seller starts to perform its side of the Contract with the agreement of
the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
5.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email to firstname.lastname@example.org within seven days 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.
5.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller properly protected in their original packaging and by registered post within twenty eight days of delivery. The Buyer shall be entitled to a
replacement or a full refund plus any return postal charges if the Goods are in fact defective.
5.4 The Buyer is responsible for Buyer generated mistakes or defects including but not limited to spelling, typographical and grammatical errors. Images and sketches provided by the Buyer shall be of high resolution and quality.
6 LIMITATION OF LIABILITY
6.1 Except as where 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.
6.2 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.
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.
8 FORCE MAJEURE
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 beyond its reasonable control, including but not limited to, acts of God, strikes, lock outs,
accidents, war, fire, failure of any communications, telecommunications or computer system, 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.
10 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
11 GOVERNING LAW AND JURISDICTION
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.