TERMS AND CONDITIONS FOR THE SALE OF GOODS ON LINE
All orders placed with the London Beach Store (“the Seller”) using the Seller’s web site shall be subject to these terms and conditions.
Use of Seller’s web site
The web site is owned and operated by the Seller and any trademark, trade name and logo contained on the web site is the property of the Seller. Permission is granted by the Seller to copy electronically and to print in hard copy portions of the web site for the sole purpose of placing an order with the Seller. Any other use including reproduction, republication or dissemination of any material from the web site is not permitted by the Seller.
A contract shall be made between the Buyer and the Seller on acceptance by the Seller of Buyer’s email confirming the order. That acceptance shall be deemed for all purposes to be effectively communicated to the Buyer at the time Seller sends the email to the Buyer (whether or not the Buyer receives that email). For the avoidance of doubt any such contract shall be deemed to be concluded in England and the place of performance shall be England.
Delivery of the goods shall be deemed to have taken place on delivery of the goods to the Buyer’s address. Unless otherwise agreed the Seller shall be responsible for the delivery of the goods to locations only in the United Kingdom and Eire.
Quoted delivery times are based on current commitments and are subject to review by the Seller at the time of acceptance of order. The Seller shall not be liable for any delay in delivery of the goods.
If the Seller is liable to the Buyer for failure to deliver goods that liability shall be limited to the difference if any between the contract price and the price of goods similar to the goods not delivered.
The Seller reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or EU requirements or where the goods are to be supplied to the Seller’s specification which do not materially affect their quality or performance.
Payment and Security
The Customer shall pay the Seller by credit card or by cheque or cash the online price on the web site at the time of purchase.
Personal information relating to the Buyer shall be encrypted by the Seller before it is transmitted over the Internet.
Delivery of the goods shall only be made by the Seller on receipt of full payment in cleared funds or cash.
Right of Cancellation
The Buyer shall have a right of cancellation in respect of any goods purchased from the Seller by means of the Internet. This right of cancellation shall end on the expiry of seven full working days after the receipt of the goods by the Buyer. This right of cancellation shall not apply to goods which are made to the Buyer’s specifications or are personalised.
If performance of this agreement is delayed or prevented by any cause or causes beyond the Sellers control the Seller shall be entitled to terminate the agreement or suspend his duty to perform for as long as the circumstances amounting to force majeure continue. Force majeure circumstances shall include but without limitation adverse weather conditions, industrial action, war, fire, accidents, delay by supplier, difficulties in transport, breakdown in machinery or plant and shortage of materials or labour. The Seller shall not be liable for any costs arising out of termination of the agreement or suspension of its duty to perform under this clause.
Warranty and Liability
The Seller warrants that for a period of twelve months from delivery the goods will substantially accord with the specification contained on the web site or otherwise agreed in writing with the Buyer.
The Seller shall not be held responsible under this warranty in the event of normal wear and tear or accidental damage, misuse or failure by the Buyer or if the Buyer fails to use the latest database.
Except as expressly provided in these terms and conditions all warranties, conditions or other terms applied by statute or common law shall be excluded to the full extent permitted by law.
The liability of the Seller under these terms and conditions shall not exceed the price of the goods paid by the Buyer.
In no event shall the Seller be liable for any indirect or consequential loss or damage including without limitation loss of profits, business interruption or loss corruption or misdelivery of data.
The Buyer shall notify the Seller and any carrier in writing of any loss, damage or defect in or non delivery of the goods within 7 days of when the Buyer discovers the damage or defect or when the goods should in the normal course of events have been delivered.
Where the Buyer orders goods or sends an email to the Seller or pursuant to its use of the goods the Buyer’s personal data will be recorded and retained by the Seller in accordance with the Data Protection Act 1998. The Buyer agrees that its data may be used by the Seller for further email or other direct marketing purposes for the goods or services of the Seller in which the Buyer may be interested. The Buyer shall have the right to be removed from all mailing lists by notifying the Seller. The Seller shall not sell on personal data of the Buyer to third parties but by submitting information the Buyer consents to the use of that information as set out in this Clause.
Intellectual Property Rights
The Seller does not warrant that the goods are free from infringement of intellectual property rights in any country nor that the use of such goods in any country is free from infringement.
Third party rights
A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this shall not affect any remedy of a third party which exists or is available apart from the Act.
No orders shall be accepted on the Seller’s web site from any person under the age of 18 years or the age of majority in the country in which they are resident.
The Buyer shall not be entitled to assign this agreement or any part of it without the prior written consent of the Seller.
The Seller may assign this agreement or any part of it to any person, firm or company
Any formal legal notices shall be sent by the Buyer to the Seller and by the Seller to the Buyer by email and confirmed by post.
Law and Jurisdiction
This agreement shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.