TERMS & CONDITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.3 "Seller" means SPANISH STYLE, Unit 14, Blackwell Business Park, Blackwell, Shipston on Stour, CV36 4PE.
1.4 "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.
CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights.
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.
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 All items must be ordered in multiples of the minimum quantity, which is normally the box quantity of each item. A minimum order of £200.00 ex VAT applies. Minimum orders of £450.00 ex VAT applies for carriage paid orders. Delivery to Scotland, Isle of Man and Ireland will be subject to a surcharge.
3.3 Placement of order is deemed to be acceptance of responsibility to pay by the Buyer. Unless contact is made within 3 working days of placement of order being sent by post or email, the Buyer is responsible for payment of that order upon request by the Seller, and shall be deemed conclusive evidence of Buyer's acceptance of Seller's Terms and Conditions. Cancellation of order by the Buyer after the 3 days does not absolve the Buyer of responsibility to pay for ordered items, according to Seller's Terms and Conditions.
PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated by the Seller. The Price is exclusive of VAT. The Price does not include delivery charges.
4.2 Payment of the Price plus VAT and delivery charges must be made in full prior to dispatch of the Goods to the Buyer's address. Orders will be payable by pro-forma invoice 28 - 35 days before delivery. Pro-forma invoices must be paid within 7 days of receipt.
4.3 All special orders, ex-works orders & orders over £700.00 ex. V.A.T. are subject to a 25% deposit at the time of order.
4.4 Orders may be held in stock for delivery, at the Seller's discretion. However, no order will be held in stock unless it has been paid for in full.
RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item at its discretion.
5.2 The Seller reserves the right to withdraw any goods from sale at any time.
5.3 The Seller shall not accept any liability whatsoever or howsoever caused for withdrawing any Goods from sale or for refusing to process an order.
5.4 Samples provided without charge by the Seller remain the property of the Seller at all times, must not be passed on to a third party for any reason whatsoever, and must be returned to the Seller immediately upon request. Samples purchased from the Seller are provided on the strict understanding that they are for demonstration purposes only, and will not be passed on to a third party for any reason, including duplication or photography.
5.5 Due to the nature of the product, and the manufacturing process, the Seller cannot guarantee exact shapes and sizes of olive wood products.
DELIVERY
6.1 Goods supplied within the UK will normally be delivered within 21 working days of receipt of order, when an item is held in stock at the time of order.
6.2 Goods supplied outside the UK will normally be delivered within 28 working days of receipt of order when an item is held in stock at the time of order.
6.3 Delivery will be in normal working hours wherever possible - 8.30am - 5.30pm. If a delivery is attempted and refused for any reason whatsoever during normal hours, we are unable to accept responsibility for damage or loss to that order.
6.4 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.
6.5 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. Delivery will be in normal working hours - 8.30am - 5.30pm, whereever possible. If delivery is refused for any reason during these hours, we are unable to accept any responsibility for damage or loss to the Goods.
6.6 Title & Risk to the Goods shall pass to the Buyer upon delivery of the Goods.
CANCELLATION AND RETURN
7.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller emailing sales@spanishstyle.co.uk within 3 working days of delivery if the Goods are damaged or do not comply with that part of the order. Photographs should be sent when reporting damage or non compliance. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. The seller will not consider any claim of defect or damage unless the delivery has been signed for as damaged or unchecked.
7.2 Where a claim of defect or damage is made and agreed by the Seller, those 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 those Goods are in fact found to be defective.
7.6 Goods returned must clearly show the invoice number obtained from the Seller on the parcel.
7.7 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.
7.8 No refund will be made for Goods ordered which are subsequently returned without damage or defect.
LIMITATION OF LIABILITY
8.1 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 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.
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.
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 eliminated.
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.
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.