1. General
These terms of sale apply to all goods supplied by
BeadingAndBeads (the "Supplier").
No contract exists between you and the
Supplier for the sale of any goods until the Supplier has received and accepted
your order.
An acceptance of your offer to buy the goods will be sent
shortly after your order has been received. However, the Supplier has the right
to terminate the contract in the event that the goods are unavailable,
mis-priced or cleared funds are not received.
The contract is subject to
your right of cancellation as described below.
The Supplier may change these terms of
sale without notice to you in relation to future sales.
2. Description and price of the goods
The description and price
of the goods you order will be as shown on this website at the time you place
your order.
The goods are subject to availability. If on receipt of your
order the goods you have ordered are not available in stock, the Supplier will
not accept your order. If after acceptance of your order the Supplier discovers
within 14 days of our acceptance of your order that the goods are unavailable
the Supplier may terminate the contract and refund you for any sum that has been
paid by you for the goods.
Every effort is made to ensure that prices shown
on this website are accurate at the time you place your order. If an error is
found within 14 days of accepting your order, the Supplier will inform you as
soon as possible and offer you the option of reconfirming your order at the
correct price, or cancelling your order. If the Supplier does not receive an
order confirmation within 14 days of informing you of the error, the order will
be cancelled automatically. If you cancel the order, or if the order is
cancelled automatically due to the expiry of the 14 day period, the Supplier
will refund you for any sum that has been paid by you for the goods.
In
addition to the price, you may be required to pay a delivery charge for the
goods.
All sizes listed on this website are approximate. Every effort has
been made to ensure descriptions are correct, and colour descriptions such as
"blue", "red", "copper", etc are subjective colour descriptions and may not
relate to the actual colours.
Product images are for illustrative purposes only and may differ from
the actual product.
3. Payment
Payment for the goods and delivery charges can be made
by any method shown on this website at the time you place your order. Payment
shall be due before the delivery date, and time for payment shall be a
fundamental term of this agreement, breach of which shall entitle the Supplier
to terminate the contract immediately.
There will be no delivery until
cleared funds are received.
Payments shall be made by you without any
deduction whatsoever.
4. Delivery
The goods you order will be delivered to the address
you give when you place your order.
If delivery cannot be made to your address for reasons under the
control of the Supplier, the latter will inform you as soon as possible.
If
you deliberately fail to take delivery of the goods (otherwise than by reason of
circumstances under control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier , the Supplier
may: (a) store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or (b) sell the goods at the best readily obtainable price and (after
deducting all reasonable storage and selling expenses) account to you for any
excess over the price you agreed to pay for the goods or charge you for any
shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract
in terms of Clause 6 below, the Supplier shall refund you within 30 days for any
sum that has been paid by you for the goods. On exercising your right to cancel
you shall be required to return the goods to the Supplier. Should you fail to
return the goods, the Supplier reserves the right to deduct any direct costs
incurred by the Supplier in retrieving the goods as a result of such failure.
Every effort will be made to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier will not be liable for any
loss or damage suffered by you through reasonable or unavoidable delay in
delivery. In this case, the Supplier will inform you as soon as possible.
Upon receipt of your order you will be asked to sign for the goods received
in good condition. If the package does not appear to be in good condition then
please refuse the delivery. If you are unable to check the contents of your
delivery at the point of delivery then please sign for the parcel as
"UNCHECKED". Failure to do so may affect any warranty claims that you make
thereafter.
5. Risk or Title
The goods are at your risk from the time of
delivery.
Ownership of the goods shall not pass to you until the Supplier
has received in full in cleared funds all sums due to it in respect of: the goods, and all other sums which are
or which become due to the Supplier from you on any account.
The Supplier
shall be entitled to recover payment for the goods even though ownership of any
of the goods has not passed from the Supplier.
6. Your right of cancellation
You have the right to cancel the
contract at any time up to the end of 7 working days after you receive the
goods.
To exercise your right of cancellation, you must give written notice
to the Supplier by email, giving details of the goods ordered and their
delivery.
Except in the case of
faulty or mis-described goods, if you exercise your right of cancellation after
the goods have been delivered to you, you will be responsible for returning the
goods to the Supplier at your own cost. The goods must be returned to the
address to be furnished by the Supplier. You must take reasonable care to ensure
the goods are not damaged in the meantime or in transit. In the case of faulty
or mis-described goods we shall, after receiving notification ask you to return
the goods and we will refund you the reasonable postage costs.
Once you have
notified the Supplier that you are cancelling the contract, the Supplier will
refund you within 30 days for any sum that has been paid by you for the goods.
Except in the case of faulty or mis-described goods, if you do not return
the goods as required, the Supplier may charge you a sum not exceeding the
direct costs of recovering the goods.
7. Warranty
All goods supplied by the Supplier are warranted free
from defects for 12 months from the date of supply (unless otherwise stated).
This warranty does not affect your statutory rights as a consumer.
This
warranty does not apply to any defect in the goods arising from fair wear and
tear, wilful damage, accident, negligence by you or any third party, use
otherwise than as recommended by the Supplier, failure to follow the
instructions of the Supplier, or any alteration or repair carried out without
the approval of the Supplier.
If the goods supplied to you are damaged on
delivery, you should notify the Supplier in writing via email within 14 days.
If the goods supplied to you develop a defect while under warranty or you
have any other complaint about the goods, you should notify the Supplier via
email, as soon as possible, but in any event within 14 days of the date you
discovered or ought to have discovered the damage, defect or
complaint.
8. Limitation of Liability
If you are a consumer the Supplier
shall not be liable to you for any loss or damage in circumstances
where: (a) there is no breach of a legal duty owed to you by the Supplier or by
its employees or agents; (b) such loss or damage is not a reasonably foreseeable result of any
such breach; (c) any increase in loss or damage resulting from breach by you of any
term of this contract.
If you are a business customer the Supplier shall not be liable to
you for any indirect or consequential loss or damage (whether for loss of
profit, loss of business, depletion of goodwill or otherwise), costs, expenses
or other claims for consequential compensation whatsoever (howsoever caused)
which arise out of or in connection with this contract.
9. Data Protection
The Supplier will take all reasonable precautions to keep
the details of your order and payment secure but unless the Supplier is
negligent, the Supplier will not be liable for unauthorised access to
information supplied by you.