Terms and Conditions of Sale by Primavera Online

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 PRIMAVERA (Cambridge) Ltd of 10 KINGS PARADE CAMBRIDGE CB2 1SJ - Registered number 611345;

1.6 “Maker” means the artist, craftsperson or other supplier of Goods to the Seller;

1.7 “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 the Buyer.

2.3 Acceptance of delivery of the 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 Goods advertised for sale by the Seller via the online shop are individual items. Where the Goods ordered by the Buyer are no longer available for purchase, the Buyer shall be notified and receive a full refund within 30 days.

4 PRICE AND PAYMENT

4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT.

4.2 Payment of the Price plus VAT and delivery charges must be made in full before dispatch 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 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 dispatch 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 14 working days of acceptance of order.

8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, 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 for delivery.

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 BY EMAIL within seven working days if the Goods are damaged or do not comply with the terms 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 Buyer will pay for, and be responsible for, the return of the Goods to the Seller.

9.3 Images of Goods appearing on the Seller’s website are for the purposes of representation only. The Buyer purchases Goods with the understanding that this is the case. The Seller will not accept Goods as faulty on the grounds of any differences in appearance to pictures of the Goods as featured on the website.

9.4 Where returned Goods are deemed to be faulty, the Seller reserves the right to seek the repair or replacement of Goods from the Maker in place of offering a refund to the Buyer. As the Goods are unique works of art, the Seller will not deem faulty Goods whose appearance has been altered due to the repair process or replacement Goods that differ in appearance to the original Goods as purchased by the Buyer.

9.5 Where a repair or replacement is possible, the Seller will be responsible for any costs including postage and insurance incurred by the Maker in replacing or repairing the Goods.

9.6 Where repair or replacement by the Maker of Goods is not possible, the Buyer shall be entitled to a full refund (including delivery costs) plus any return postal and insurance charges if the Goods are deemed to be faulty.

9.7 Goods must be returned by the Buyer at the Buyer’s expense and the Buyer is responsible for adequately insuring the Goods during the return journey.

9.8 Goods to be returned must clearly show the order number obtained from the Seller on the package.

9.9 Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.

10 LIMITATION OF LIABILTY

10.1 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 under 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 whatsoever.

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 obligation if the delay or failure results from events or circumstance outside its reasonable control, including but not limited to acts of God, strikes, lockouts, 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 count 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 eliminated.

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 England and the parties hereby submit to the exclusive jurisdiction of the English courts.