Blue John On-line Store

PLEASE READ THE FOLLOWING CAREFULLY

CONDITIONS OF SALE

1. DEFINITIONS
   1. In these conditions-
      1. "the Company" means Edward Fisher trading as www.bluejohnstone.co.uk
      2. "the Customer" means the person, firm, partnership, Company or association buying from the Company.
      3. "the order form" means the order form that is created on this web site
      4. words signifying the singular shall include the plural and vice versa.
      5. words signifying the male gender shall include the female gender and vice versa.
2. PHOTOGRAPHS of GOODS
   1. Unless indicated otherwise, all photographs are merely indicative of the goods.
   2. Blue John Stone is a natural material. Nature does not create uniform materials, therefore, each item is unique and will not be an exact match of the photograph.
   3. Lighting plays a major part in the display of the goods. They will look different to the photgraphs when viewed in natural or tungston lights.
3. CONTRACT
   1. The order form together with the particulars endorsed thereon read with these Conditions of Sale constitute the Customer’s order.
   2. All orders shall be irrevocable and binding on the Customer until accepted or declined by the Company provided that the Company shall have the right to accept any order in whole or in part.
   3. The Company’s acceptance of the order shall either be by way of sending an e-mail of confirmation or by despatch or by delivery of any of the goods to the Customer or its agent.
   4. The offer of the Customer and acceptance thereof by the Company constitutes a contract of sale ("the contract") subject to these conditions.
   5. Such contract constitutes the entire agreement between the parties and no variation thereof shall be effective unless agreed to by the parties by e-mail.
   6. Save as set out in this contract, no warranties, representations or undertakings have been made or given by the Company.
   7. If any order or other document relating to any contract between the Company and the Customer contains any condition, which conflicts with any of these conditions, in such event these conditions shall prevail.
   8. Each delivery shall be deemed to be a separate contract in respect of the goods forming the subject matter of such delivery.
   9. The contract of sale is between the Company and the Customer as principals and shall not be assigned nor ceded by the Customer without the written consent of the Company.
4. PRICES
   1. The prices shall be as stated in the order form, invoice, and/or other stationery and shall be subject to the Company’s acceptance.
   2. Prices quoted are ex warehouse at the Company’s factory, depot or warehouse.
   3. Shipping costs will be quoted after the Customer has supplied his address.
   4. Shipping costs will include packing costs.
5. DELIVERY
   1. In so far as delivery of the goods is concerned time shall not be of the essence of any contract.
   2. Whilst every effort will be made to despatch the goods within five (5) days of receipt of the order form the Company does not guarantee delivery/despatch on any specific date and the Customer shall not be entitled to cancel any order/s by reason of any delay. The Company shall not be liable for any damages for failure to effect delivery/despatch timeously for any reason whatsoever.
   3. Without Prejudice to the rights conferred in these conditions upon the Company, the Company reserves the right to withdraw from any order and/or contract at any time prior to delivery of the goods ordered.
   4. Delivery shall be ex warehouse at the Company’s factory, depot or warehouse.
   5. All costs of delivery shall be borne by the Customer.
   6. The company shall have the right, but shall not be obliged, to insure the goods in transit and wherever so insured to recover the cost of such insurance from the Customer.
   7. The Customer shall be obliged, within seven (7) days of date of delivery, to give to the Company written notice of any complaint or claim in respect of any goods delivered and any claim in respect of which the Company has not received such written notice within the aforesaid period of seven (7) days shall become forfeited and prescribed.
   8. Any carrier shall be deemed to be the agent of the Customer and all risk in the goods shall pass to the Customer upon delivery to the Customer or such agent as the case may be.
6. OWNERSHIP
   1. Ownership of the goods shall not pass to the Customer until the full purchase price shall have been paid.
   2. The risk in and to the goods sold hereunder shall pass to the Customer on delivery thereof notwithstanding the reservation of ownership therein.
7. DAMAGES
   1. The Company shall not be responsible for any loss or damage of whatsoever nature and howsoever caused and whether general or special which the Customer may suffer in the event of goods being delivered after delivery date or in the event of goods not being delivered at all. In the event of the Company being required to effect delivery by instalments, its failure to effect any one delivery and/or late delivery of any one instalment, shall not affect the validity of this contract and the Customer shall not have the right to refuse to accept delivery of any late instalment or of the balance of the goods to be delivered. The Company shall not be liable for any consequential damage that the Customer may suffer as a result of the late delivery or non-delivery of the goods.
   2. Save as expressly provided in these Conditions the Company shall be under no liability in respect of the quality condition or description of the goods or for loss or damage including consequential loss or damage howsoever caused to the Purchaser or to any other person (save in respect of death or personal injury resulting from negligence} and any term condition or representation to the contrary whether express or implied by statute, common law or otherwise is hereby expressly excluded.
   3. Notwithstanding the provisions of these Conditions in the case of contracts for the international sales of goods (as defined by Section 26 of the Unfair Contract Terms Act 1977) the Company excludes all liability to the Purchaser at common law, under the contract or under any statutory provision for breach of warranty or condition (whether express or implied) or for any other breach of duty whatsoever including without prejudice to the generality of the foregoing negligence, breach of any collateral condition or warranty or for misrepresentation made by or on behalf of the Company to the Purchaser or any third party. The Company shall not be liable to the Purchaser for any loss or damage or delay whatsoever, howsoever and whenever caused arising directly or indirectly out of or in connection with the performance or non-performance of the Company’s obligations, including but without prejudice to the generality of the foregoing, loss or damage or delay caused by any faulty or unsatisfactory goods sold.
8. PAYMENT
   1. Full payment is required before goods are despatched.
9. LEGAL CHARGES AND JURISDICTION
   1. In the event of the Company instructing its solicitors or collection agents to recover money or goods from the Customer, the Customer shall be liable for and pay all costs of collection incurred by the Company, including legal costs, on the solicitor and own client scale including collection commission.
   2. JURISDICTION
      1. At the option of the Company any claim against the Customer whether for return of goods, damages, purchase prices, balance owing, or any other cause arising shall be governed and construed in accordance with the Law of England and any disputes will be subject to the jurisdiction of the English Courts.
      2. The Customer submits to the jurisdiction of the England Courts, in any action or application arising out of any contract entered into between the Company and the Customer.
10. GENERAL
    1. No relaxation, indulgence or extension of time which the Company may grant at any time in regard to the carrying out of the Customer’s obligation in terms of any contract shall prejudice or constitute a novation or a waiver of, any other Company’s rights in terms of any contracts.
    2. Any written notice to or by the Company shall be addressed to or addressed from the Company’s head office.
    3. No acceptance, letter or other document written by the Company shall be binding upon it unless a director of the Company signs it.