CONDITIONS OF USE
The following conditions shall apply to all orders placed with the firm of Shaded Candle Company Limited T/A Jonart Design ("the vendor") overleaf by any person, firm or company without variation (save only such variations as are agreed in writing by both parties) and they shall prevail over any other item sought to be incorporated herein.
All purchases made from the vendor (including any subsequent sales) are subject to these conditions, and on receving any goods supplied by the vendor, the purchaser shall be deemed to be on notice thereof.
PRICES given are exclusive of VAT and can be subject to alteration without prior notice. Price lists do not constitute an offer to supply.
DELIVERY is free on Candle-related orders over £300 (ex VAT) to the UK mainland, otherwise all additional delivery costs incurred will be charged to the purcheser. All goods are subject to availability, and we reserve the right to make part shipments. Minor differences in colour, material or dimensions between the goods supplied and any sample of such goods which may have been shown to the purchaser shall not entitle the purchaser to return the goods, in whole or in part, and will not constitute any failure to supply on our part.
COLLECTIONS. The client must satisfy themselves the goods are fit for re-sale at the time of collection. The Shaded Candle Company Limited accepts no responsibility for the condition of goods onc ethey have left the warehouse. No goods taken from the warehouse by the client or their agent will be accepted for return/credit.
STOCK ROTATION. Wherever possible Shaded Candle Company Limited will supply goods from the same batch number. When an item is supplied in two cartons, these must be re-sold together with corresponding batch and item numbers. Some colour variation is possible when goods are from different batches.
WARRANTY. All metal prodcuts are warranted by Shaded Candle Company Limited for a period of 12 months from date of supply. The warranty covers only the desing and functional integrity of the product and not the finish. Given the traditional manufacturing, processing, hand forging and riveting, it is not possible to warranty agasint some limited discolouration or oxidisation of products which does not affect their functional integrity. The products are not intended for commercial use.
RETURNED GOODS. Damages and shortages must be notified within 3 working days of receipt and confirmed in writing. The vendor will not accept goods for credit or rectification unless such a return has been authorised by a Senior Manager or Director, and the goods are received by the vendor in stock condition in the original packaging. The vendor retains the right at its sole discretion whether to rectify the goods or whether to accept the return of the goods and to issue a credit note in respect thereof. The vendor reserves the right to charge a restocking fee on goods returned for credit, which are not in stock condition. The purchaser shall, unles otherwise stated, be responsible for the cost of outward and return carriage of all goods returned by the purchaser to the vendor for credit, which goods shall be at the risk of the purchaser until the actual receipt of the goods by the vendor. The onus of safe delivery shall rest with the purchaser.
CONSEQUENTIAL LOSS. The extent of the vendor liability to the purchaser for any default or breech whatsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or however else arising.
PATMENT is on Pro-Forma basis unless an account has been opened. New accounts are subject to reference. Our payment terms for account customers are strictly net cash within 28 days or receipt of goods, unless otherwise previously negotiatied and given on our invoice. We reserve the right to cancel or suspend any outstanding orders to account customers if payment had not been made in accordance with the above terms, or if any amounts axceed those given in their references. We reserve the right to charge interest of 1% per calendar month on all overdur accounts, and to charge for any exceptional costs incurred in obataining payment.
ALL GOODS supplied remain the property of Shaded Candle Company Limited until payment has been received in full and we reserve the right to demand that the purchaser keeps such goods physically separate from all other goods and holds same to our order. We reserve the right to enter the purchaser's premises for the purpose of removing such goods. If the purchaser shall have purported to sell the goods before payment has been made in full, they shall hold the proceeds of the sale as trustee on behald of Shaded Candle Limited.
LAW. If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions. This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law