1.1 In these conditions: ‘Buyer’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the goods is accepted by the Seller. ‘Goods’ means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these conditions. ‘Seller’ means Dolly Tops Die Cuts and Crafts, 69 Richmond Road, Doncaster, DN5 8SX
‘Conditions’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller. ‘Contract’ means the contract for the purchase and sale of the Goods. ‘Order’ means an order for the Goods placed by the Buyer with the Seller. ‘Price’ means the price of the Goods. ‘Writing’ includes cable, facsimile transmission, e-mail and comparable means of communication.
Basis of Purchase
2.1 The Order constitutes an offer by the Buyer to purchase the Goods and/or acquire the Services subject to these Conditions.
2.2 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions on which any quotation has been given to the Buyer or subject to which the Order is accepted or purported to be accepted by the Seller.
2.3 No variation to the Order or these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.
2.4 Any typographical, 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 Seller shall be subject to correction without any liability on the part of the Seller.
Packed Quantities Order must be in box multiples.
4.1 Orders will be dispatched, subject to a carriage charge if applicable to the destination in the United Kingdom specified in the Order by the Sellers choice of carrier.
4.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
Damage in Transit Claims for damage in transit must be notified to the carrier on receipt of Goods, and to the Seller in writing within seven days of receipt of Goods. The Seller shall have no liability for claims made outside this period.
Errors and Shortages Errors and shortages must be notified to the Seller in writing within seven days of receipt of Goods. The Seller shall have no liability for such matters where notified outside this period.
Non Delivery Non-receipt of Goods must be notified to the Seller and confirmed in writing with seven days of date of invoice. The Seller shall have no liability for such matters where notified outside this period.
Cancellation of Orders. An Order is binding from the date of receipt of Order by the Seller. Cancellations may be accepted, at the Seller’s discretion and on such terms as are specified by the Seller. A reasonable cancellation charge equal to the administration and transport costs incurred will be levied.
Returns will not be accepted without prior written authorisation from the Seller. All products returned to the Seller must be packed in a manner that will ensure safe transport. No merchandise with an invoice date prior to two months from the date of return will be accepted by the Seller.
10.1 The Price of Goods shall be the price ruling at the date of dispatch of the order.
10.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller, any changes in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
11.1 Special Offers purchased from the site are payable via Paypal uponorder. No goods will be dispatched without full payment being received.
12.1 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
12.2 Notwithstanding any other provision of the Agreement, neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other for any delay in performance or the non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
Retention of Title and Risk
13.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery to the Buyer or to an agent acting on the Buyers behalf in accordance with the Contract.
13.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the Property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.
13.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Sellers fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Sellers property, but shall be entitled to resell or use the Goods in the ordinary course of its business.
13.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any of the premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
13.5 The Buyer shall not be entitled to pledge or in any way charge by way or security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right of remedy of the Seller) forthwith become due and payable.
14. The Contract shall be governed by and construed in accordance with English Law and each party agrees to submit to the exclusive jurisdiction of the English Courts with regard to any claim or matter arising under this agreement.