TERMS AND CONDITIONS OF SALE OF
The Strand Cambs Ltd
1.
DEFINITIONS
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 The Strand Eveningwear.co.uk. who also operate
The Strand Cambs Ltd,20 Rivergate Centre,Peterborough,PE1 1EL,
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
www.thestrandeveningwear.co.uk
2 CONDITIONS
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 made over the
telephone 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
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.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated in store.The price is
inclusive of VAT. The price excludes delivery charges for telephone orders.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices,which cannot be
guaranteed for any period of time. The Seller shall make every effort to ensure
prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from sale at any time.
6 WARRANTY
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.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 14 working
days of acceptance of order.Unless goods are a special order item which has to
be manufactured.This can take up to ten weeks.
8.2 Goods supplied outside the UK will normally be delivered within 14 working
days of acceptance 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 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller by Phone on 01733 567548 within 7 working days of 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 within 7 working days. The Buyer shall be entitled to
a full and lasting repair,replacement or 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, according to the consumer
protection (distance selling) regulations act 2000 (in addition to your other
rights), to cancel the contract and receive a refund by informing the Seller in
writing by letter,e mail or fax within within 7 working days of receipt of the
Goods. The right to cancel does not apply to items that have been specially
ordered or
manufactured for the customer,to the customer`s own specifications.
9.4 Goods must be returned by the Buyer at the Buyer’s expense and should be
adequately insured during the return journey. The Buyer will receive a refund
of all monies paid for the Goods (including delivery charges, if any) except for
return postal charges within 30 days of cancellation. If the Buyer fails to
return the Goods following cancellation, the Seller shall be entitled to deduct
the cost of recovering the Goods from the Buyer.
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 LIMITATION OF LIABILITY
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.
11 WAIVER
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.
12 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 outside
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.
13 SEVERANCE
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.
14 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.
15 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.
Email – info@thestrandeveningwear.co.uk
Phone – 01733 567548
Or visit us at 20 Rivergate Centre,Peterborough PE1 1EL