The following are a set of standard terms & conditions of sale to which you agree in placing an order with us:
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by StrangeFish Books (the “Supplier”).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your electronic payment will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until you receive your order confirmation/despatch e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order goods you have ordered are not available in stock they will be held on backorder and the balance shipped or a refund of any sum that has been paid by you for those goods provided.
2.3 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found, 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 or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you are required to pay a delivery charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s 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.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 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. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 14 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or e-mail, giving details of the goods ordered and (where appropriate) their delivery.
7.3 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 Supplier’s address. 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 in accordance with clause 8.3 or 8.4, either collect the goods from you, provide pre-paid return packaging or ask you to return the goods yourself and refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days of receipt of the returned goods.
7.5 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.
7.6 You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
8. Limitation of Liability.
8.1 Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s servants or agents (or otherwise) which arise out of or in connection with the supply of the Goods and Services.
8.2 The Customer shall indemnify the Supplier against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.
8.3 The Supplier shall not be liable to the Customer or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
8.4 The customer is responsible for ensuring that the goods supplied are suitable for the purpose intended. The Supplier, whilst making all reasonable efforts to ensure that goods supplied meet the requirements of the Customer, shall not be liable to the Customer for any losses should suitability not have been verified prior to use. The Supplier, at his discretion, may accept the return of unsuitable goods supplied for exchange or full or partial refund. In the case of customised goods being supplied which prove to be unsuitable through no fault of the supplier, return will only be accepted should those goods, in the opinion of the Supplier, be resalable
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.
10.1 Product images are for illustrative purposes only and may differ from the actual product.
10.2 In line with our policy of continual product improvement, we reserve the right to make design or product alterations, or to discontinue any product as my become necessary without prior notification.
These terms of sale and the supply of the goods will be subject to the law of England & Wales and the English & Welsh courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.