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Terms and Conditions of Sale

Definitions

Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.

Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.

Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.

Goods means the articles that the Buyer agrees to buy from the Seller.

Seller means Aware Soho Ltd of 34 Webb’s Road, London SW11 6SF, United Kingdom.

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.

 

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

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.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

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. Any complaints should be addressed to the Seller’s address at 34 Webb’s Road, London SW11 6SF, United Kingdom.

 

Ordering

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.

Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

 

Price and payment

The price of the Goods shall be that which is stipulated on the e- mail confirmation. The price includes delivery charges.

The total purchase price, including VAT when applicable, and delivery charges, if any, will be displayed in the e-mail confirming the order.

After the order is received the Seller shall confirm by email the details, description and price for the Goods.

 

Delivery

Goods supplied within the UK will normally be delivered within 3 working days of acceptance of order.

Goods supplied outside the UK will normally be delivered within 15 working days of acceptance of order.

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.

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.

 

Risk and Retention of Title

Risk of damage to or loss of the Goods shall pass to the Buyer on Delivery of the Goods.

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods.

Until payment has been made to the Supplier in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Supplier and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risks.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Supplier, but if the Buyer does so all money owing by the Buyer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.

The Supplier reserves the right to repossess any Goods in which the Supplier retains title without notice. The Buyer irrevocably authorizes the Supplier to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Supplier retains title and inspecting the Goods to ensure compliance with the storage and identification requirements.

The Buyer’s right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate if;

The Buyer commits or permits any material breach of his obligations under these Conditions;

The Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with his creditors;

The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;

The Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.

 

Rights of seller

The Seller reserves the right to periodically update prices. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

The Seller reserves the right to withdraw any goods from its product list at any time.

The Seller shall not be liable to anyone for withdrawing any Goods from its product list or for refusing to process an order.

 

Warranty

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.

All other warranties, conditions, or terms relating to fitness for purpose, merchant-ability 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.

 

Cancellation and return

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing 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.

Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.

The Buyer will be under a duty to take care of the Goods until they have been recovered.

Goods to be returned must clearly show the order number obtained from the Seller on the package.

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.

 

Limitation of liability

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.

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.

 

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.

 

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.

 

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.

 

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.

 

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.