STANDARD TERMS & CONDITIONS FOR THE SALE OF GOODS 1. INTERPRETATION
1.1 In these terms and conditions the following words have the following meanings:-
1.1.1 “Company” Curtain Call Home www.curtaincallhome.com
1.1.2 “Buyer” the person(s) whose order for the Products is accepted by the Company
1.1.3 “Products” All stock offered for sale on the website which is Guaranteed Authentic, Brand New and Unused. 1.1.4 “Contract” Any contract between the Company and the Buyer for the sale and purchase of the Products.
1.2 The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
2. Your Status – By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.
2.1 After placing an order you will receive an email from us acknowledging that we have received your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms the product has been dispatched (dispatch confirmation). The contract between us (contract) will only be formed once this confirmation has been e-mailed to you.
2.2 The Contract will be based on these terms and conditions set out below to the exclusion of all other terms and conditions which the Buyer purports to apply under any purchase order, confirmation of order or similar document.
You may cancel a contract from anytime within fourteen days from the date of purchase. In this case, you will receive a full refund for the price paid for the products in accordance with our refund policy.
To cancel a contract you must inform us in writing, you must also return the products to us as soon as reasonably practical, and at your own cost. You have a legal obligation to take care of the products while in your possession, each product has a minimum of 2 security labels and if removed we will not accept item back. If you fail to comply with this obligation, we may have a right against you for compensation.
This provision does not affect your other statutory rights as a consumer.
3.1 All drawings, descriptive matter, specifications and advertising issued by the Company or the manufacturer of the Products and any descriptions or illustrations contained in the Company’s or manufacturer’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the Contract.
4.1 The Products shall be delivered by such means as the Company shall decide.
4.2 Any dates specified by the Company for delivery of the Products are approximate only. If no dates are so specified, delivery will be within a reasonable time.
REFUND & RETURNS
Returns must be confirmed in writing and be back with us within 14 days from date of purchase. All items must be unused and in tack of all security tags and labels.
All returns must be advised through firstname.lastname@example.org
Refunds are credited less P&P charge
Refunds are issued as long as the item is unused, brand new with any security tags, returned with original packaging and labels in the condition you received it and within 14 days from date of purchase.
Any problems with the item should be reported to us immediately upon receipt.
5.6 Once the item had been checked and approved for refund we will e-mail you to confirm the refund has been processed please allow 2-10 days for the refund to be credited to your account. The amount of time this takes is dependent on which card issuer you are with and in which we have no control over.
6. FORCE MAJEURE
6.1 The Company shall not be liable to the Buyer in any manner or be deemed to be in breach of this Contract because of any delay in performing or any failure to perform any of the Company’s obligations under this Contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
6.2 A force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control
7.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due including delivery charges.
8.1 The price for the Products shall be the price given by the Company to the Buyer together with any charges for delivery.
The price for the Products is inclusive of any value added tax or any other applicable tax. However if the rate of VAT changes between the date of your order and date of delivery we will adjust the VAT you pay, unless you have already paid for the products in full before the VAT change takes effect.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders, which have already received a dispatch confirmation.
9.1 Payment for all products must be made by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
No payment shall be deemed to have been received until the Company has received cleared funds. All credit/debit transactions are processed with a secure online payment provider and SSL certification
10. DEFECTIVE GOODS
If your item is faulty after purchase it needs to be returned to us to establish the fault. It can take up to 28 days to resolve the issue and if the item is faulty your postage to return the item to us will be reimbursed.
All returns must follow our returns procedure (section 5)
11. LIMITATION OF LIABILITY
11.1 The following provisions and the provisions of condition 10 set out the entire liability of the Company (including any liability for the acts or omissions of its employees agents or sub-contractors) to the Buyer in respect of:
11.1.1 any breach of these terms and conditions; and
11.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 as amended) are excluded from the Contract.
11.3 Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
11.4 Subject to conditions 11.2 and 11.3: .
13.1 Each right or remedy of the Company under this Contract is without prejudice to any other right or remedy of the Company whether under this Contract or not.
13.2 Failure by the Company to enforce or partially enforce any provision of this Contract will not be construed as a waiver of any of its rights under this Contract.
13.3 The Company may assign, license or sub-contract all or any part of its rights or obligations under this Contract without the Buyer’s consent.
13.4 This Contract is personal to the Buyer who may not assign, license or sub-contract all or any of its rights or obligations under this Contract without the Company’s prior written consent.
13.5 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission:-
13.5.1 in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or
13.5.2 in the case of the communications to the Buyer) to the registered office of the Buyer (if it is a company) or (in any other case) to any address of the Buyer.
14.1 The formation, construction, performance, validity and all aspects of this Contract are governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.