1 - DEFINITIONS
1.1 "Buyer" means the individual or organisation
who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in
section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller
and the Buyer for the sale and purchase of Goods incorporating
these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.5 "Seller" means Sandra L Phillips of Ashwell
House, Pendine, Carmarthen, Carmarthenshire, Wales, United
Kingdom SA33 4PB.
1.6 "Terms and Conditions" means the terms and conditions
of sale set out in this document and any special terms and
conditions agreed in writing by the Seller.
2 - CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the
Buyer's statutory rights as a Consumer.
2.2 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
2.3 Submission by the Buyer of an order for Goods shall be
deemed conclusive evidence of the Buyer's acceptance of these
Terms and Conditions.
2.4 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.
3 - ORDERING
3.1 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.
3.2 Where the Goods ordered by the Buyer are not available
for any reason the Buyer shall be notified and shall receive
a full refund within 30 days.
3.3 When making an order through the Website, the
steps the Buyer needs to take to complete the order process
are described in the section "HOW TO ORDER".
4 - PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the
Seller's Website at http://www.sandraphillips.co.uk/. The Seller
is not VAT-registered. The Price excludes delivery charges.
4.2 The total purchase price, including packaging and delivery
charges, shall be communicated to the Buyer prior to confirming
4.3 After the order is received the Seller shall confirm by
e-mail the details, order number, description and price for
4.4 Payment of the Price plus packaging and delivery charges
must be made in full before despatch of the Goods.
5 - RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and
specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from
the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing
any Goods from the Website or for refusing to process an order.
6 - AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare
that they are of the appropriate legal age to purchase the
6.2 If the Seller discovers that the Buyer is not legally
entitled to order certain Goods, the Seller shall be entitled
to cancel the order immediately, without notice.
7 - WARRANTY
The Seller warrants that the Goods will at the time of despatch
correspond to the description given by the Seller. Except where
the Buyer is dealing as a Consumer, all other warranties, conditions,
or terms relating to fitness for purpose, merchantability 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.
8 - DELIVERY
8.1 Goods supplied within the UK will normally be delivered
within 5 working days of receipt of payment.
8.2 Goods supplied outside the UK will normally be delivered
within 14 working days of receipt of payment.
8.3 Where a specific delivery date has been agreed, and where
this delivery date cannot be met, the Buyer will be notified
and given the opportunity to agree a new delivery date or receive
a full refund.
8.4 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.
8.5 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
8.6 Title and risk in the Goods shall pass to the Buyer upon
delivery of the Goods.
9 - CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt
and shall notify the Seller in writing within 7 working days
of delivery 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.
9.2 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) plus any
return postal charges if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition
to your other rights, to cancel the Contract and receive a
refund by informing the Seller in writing within 7 working
days of receipt of the Goods.
9.4 Goods must be returned by the Buyer at the Buyer's expense
and should be adequately insured during the return journey.
The Buyer will receive a refund of all monies paid for the
Goods (including delivery charges, if any) except for return
postal charges within 30 days of cancellation. If the Buyer
fails to return the Goods following cancellation, the Seller
shall be entitled to deduct the cost of recovering the Goods
from the Buyer.
9.5 Goods to be returned must clearly show the order number
obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged due to the
Buyer's fault the Buyer will be liable for the cost of remedying
10 - LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing
as a Consumer, 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.
10.2 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.
11 - 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.
12 - 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, 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.
13 - 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
14 - 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.
15 - GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the law of the United Kingdom and the parties
hereby submit to the exclusive jurisdiction of the United Kingdom
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