Terms & Conditions
TERMS AND CONDITIONS FOR SUPPLY OF GOODS by Creative Toy Designs (UK) Limited
In this document the following words shall have the following meanings:
- 1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- 1.2 "Customer" means any person who purchases Goods from the Supplier;
- 1.3 "Goods" means the articles purchased;
- 1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods to be provided by the Supplier;
- 1.5 "Supplier" means Creative Design Export (UK) Limited of 22, Ulverscroft Road, Loughborough, LE11 3PU, United Kingdom
- 1.6 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
- 2.1 These Terms and Conditions shall apply to all the supply of Goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
- 2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
- 2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods by virtue of any statute, law or regulation.
- 2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
- 3.1 The Customer shall be deemed to have accepted the Goods by placing an order with the Supplier ("the Order").
- 3.2 All Orders for Goods shall be deemed to be acceptance to these Terms and Conditions.
4 PRICE AND PAYMENT
- 4.1 The price for the Goods is as specified and is exclusive of VAT and any applicable charges.
- 4.2 Payment of the price shall be upfront or as agreed (as per invoice issued).
- 5.1 The date of delivery specified by the Supplier (if any) is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
- 5.2 All risk in the Goods shall pass to the Customer upon delivery.
6 CUSTOMER'S OBLIGATIONS
- To enable the Supplier to perform its obligations the Customer shall:
- 6.1 co-operate with the Supplier;
- 6.2 provide the Supplier with any information reasonably required by the Supplier;
- 6.3 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7 SUPPLIER'S OBLIGATIONS
- 7.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
- 7.2 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 3 months from the date of delivery.
8 CANCELLATIONS AND REFUNDS
- Where the Goods are faulty or do not comply with the order, the Customer must notify the Supplier within 3 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9 LIMITATION OF LIABILITY
- 9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods.
- 9.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- 9.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the delivery by any agreed completion date.
10 FORCE MAJEURE
- Neither party shall 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party 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.
12 GOVERNING LAW
- 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.