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 Arora Design Limited of No 20, Craycombe Farm, Evesham
Road, Fladbury, Worcestershire WR10 2QS.
1.6 '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 Where the Goods ordered by the Buyer are not available from stock
the Buyer shall be notified and given the option to either wait until
the Goods are available from stock or cancel the order 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 and delivery charges as quoted.
4.2 The total purchase price, including VAT and delivery charges, if
any, will be displayed in the Buyer's shopping cart prior to confirming
the order. This is applicable to the UK only, Overseas buyers should
contact Arora to verify shipping costs.
4.3 After the order is received the Seller shall confirm by email the
details, description and price for the Goods together with information
on the right to cancel if the Buyer is a Consumer.
4.4 In the case of consumer sales, 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 Where Goods may only be purchased by persons of a certain age the
Buyer will be asked when placing an order to declare that they are of
the appropriate legal age to purchase the Goods.
6.2 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 21
working days of acceptance of order.
8.2 Goods supplied outside the UK will normally be delivered within
28 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the Buyer will be notified and given the opportunity
to agree a new delivery date or receive a full refund.
8.4 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.
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 both e-mail and post within 7 working days of delivery
if the Goods are damaged or do not comply with any 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 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 the Goods
are in fact defective.
9.3 Goods must be returned by the Buyer and should be adequately insured
during the return journey. The Buyer will receive a refund of all monies
paid for the Goods (including delivery charges, if any, and return postal
charges) within 30 days of cancellation. However, if the Buyer fails
to return the Goods following cancellation, the Seller shall be entitled
to deduct the cost of recovering the Goods from the Buyer.
9.4 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 LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a
Consumer, 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.
10.2 Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury resulting from
the negligence of the Seller or that of the Seller's agents or employees.
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 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.
13 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 feen 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.