Nothing in these Conditions affects your statutory rights as a Consumer.
1. Definitions
1.1 - Purchaser means the Consumer who buys or agrees to buy the Goods from the Company.
1.2 - Consumer means any natural person who is acting for purposes which are outside his business.
1.3 - Conditions means the terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing by the
Company.
1.4 - Goods means those products specified.
1.5 - Price means the price of the Goods including carriage, packing and VAT (where applicable) charged by the Company.
1.6 - Company means the business operating under the domains of
www.alisonnash.co.uk and www.alisonnash.com and owned by Alison Nash.
2. Effect of these Conditions
2.1 - These Conditions shall apply to all contracts for the sale of Goods by the Company to Consumers.
2.2 - All orders for Goods shall be deemed to be an offer by the Purchaser to purchase Goods pursuant to these Conditions.
2.3 - Acceptance of the delivery of the Goods shall be deemed conclusive
evidence of the Purchasers acceptance of these Conditions.
2.4 - Any variation to these Conditions (including any special terms and
conditions agreed between the parties) shall be inapplicable unless
agreed in writing by the Company.
2.5 - Each clause paragraph and sub-paragraph of these Conditions shall
be separate, distinct and severable from each other clause paragraph or
sub-paragraph and shall continue to apply and be enforceable even if for
any reason one or other such clause paragraph or sub-paragraph is held
to be unenforcable or unreasonable in the circumstances and shall remain
in force not withstanding termination of these Conditions.
3. Price & Quotation
3.1 - Prices payable by the Purchaser for the Goods shall be those charged by the Company at the time of receipt of the order.
3.2 - The Company shall have the right at any time to revise prices
quoted to take account of increases in costs including (without
prejudice to the generality of the foregoing) costs of acquisition, raw
materials and carriage. Value Added Tax where applicable is extra. The
Purchaser will be sent a written notice (from the Company) of any
increase in price of the Goods. If notice of price increase is given by
the Company, the Purchaser shall have the right to cancel the order and
receive back any sums they have paid. Notice of cancellation must be
received in writing by the Company within seven days of delivery of the
notice of price increase to the Purchaser.
4. Payment
The Company shall receive payment in full of the price of the Goods
before the Goods are dispatched by the Company. Any variation to this
Condition (including any special terms and conditions agreed between the
parties) shall be inapplicable unless agreed in writing by the Company.
If the purchaser fails to make payment as required the Company may
suspend delivery of the Goods or any further Goods ordered until payment
is made in full.
5. The Goods
5.1 - The Company may make any changes in the specification of the Goods
which do not materially affect their quality or performance.
5.2 - Photographs are for illustrative purposes only, and may not exactly match the product itself.
6. Delivery
6.1 - Whilst the Company will use its best endeavours to deliver the
Goods promptly any time or date for delivery given by the Company is
given in good faith and is an estimate only.
6.2 - The Company shall not be liable for the consequences of any delay howsoever caused.
7. Risk and Property
Risk of damage to or loss of the Goods shall pass to the Purchaser at
the time of delivery or, if the Purchaser wrongly fails to take delivery
of the Goods, at the time when the company has tendered delivery of the
Goods.
8. Cancellation/ Returns
8.1 - The Purchaser has the right to cancel any order and return any
Goods (with the exception to orders and Goods described in
sub-paragraphs 8.3 and 8.4) within a period of seven working days
beginning with the day after the day on which the Purchaser receives the
Goods.
8.2 - On the return of any Goods (with the exception to the Goods
described in sub-paragraphs 8.3 and 8.4), the Company shall reimburse
any sum paid by or on behalf of the Purchaser for the Goods (excluding
return postage and packing and any other direct costs of returning or
recovering the Goods).
8.3 - Orders made for Goods made to the Purchasers own specifications
cannot be cancelled. The Company has the right to retain any sum paid by
or on behalf of the Purchaser for such Goods even if the Goods are
returned to the Company.
8.4 - Kits which have been opened cannot be returned. The Company has
the right to retain any sum paid by or on behalf of the Purchaser for
kits which have been opened even if the Goods are returned to the
Company.
9. Performance
9.1 - Unless the parties agree otherwise, the Company shall perform the
contract within a maximum of 30 days beginning with the day the order is
received by the Company.
9.2 - Where the Company is unable to perform the contract because the
Goods ordered are not available, within the period for performance
referred to in sub-paragraph 9.1 or such other period the parties agree
to ("the period for performance"), the Company shall inform the
Purchaser and reimburse any sum paid by or on behalf of the Purchaser as
soon as possible and in any event within a period of 30 days beginning
with the day after the day on which the period for performance expired. A
contract which has not been performed within the period for performance
shall be treated as if it had not been made.
10. Liability
10.1 - The Company shall not be liable for any shortage in quantity
delivered unless a claim in writing is lodged with the Company within 7
days, nor for any defect in the quality, nature, condition, or fitness
for purpose of the Goods nor for failure to comply with specification
samples or descriptions unless a claim in writing is lodged with the
Company within 10 days of delivery.
10.2 - It shall be the responsibility of the Purchaser at all times to
satisfy himself as to the suitability or otherwise of the Goods.
10.3 - In no circumstances shall the Company be liable for any indirect or consequential loss or damages howsoever arising.
10.4 - Any typographical or clerical or other error or omission in any
sales literature, quotation, price list, acceptance of offer, invoice or
other document or information issued by the Company shall be subject to
correction without any liability on the part of the Company.
