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TERMS
AND CONDITIONS
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Returns
Information
Terms
and Conditions
Jardinart Ltd offers you the opportunity to buy directly via our web site or through our brochure and mail order. We do not act as agents for other manufacturers. All sculptures are built by hand by Jardinart Ltd.The accessories offered are nationally recognised manufacturers such as Hozelock for the water pumps. The trademark JA belongs to Jardinart Ltd Any reproduction is expressly forbidden and this copyright will be enforced vigorously.
Standard Terms
1. Definitions Delivery Date means the estimated delivery date notified to you by JA ltd as to when the goods are expected to be delivered to the address nominated by you on your order. Goods means the items sold by us which you have selected from the Web site or Brochure and which you have agreed to buy from JA Ltd Order Confirmation Form. This will be sent to you upon receipt of your order. Price means the price of Goods specified on the Web site or Brochure and accepted by the customer This Price excludes VAT, excise or similar duties payable in respect of the delivery of the Goods. JA Ltd means Jardinart Ltd a limited company registered number 407 6375, registered offices Unit 3B Kingsfield Way Kings Heath Northampton NN5 7QN. Terms means these terms describing the legal basis of our sale of Goods to You by Jardinart Ltd You means the person who buys or agrees to buy the Goods from Jardinart. JA Ltd/Jardinart.co.uk means Jardinart Ltd 2.Terms Applicable These terms shall apply to all contracts for the sale of goods by jardinart to the exclusion of all other terms and conditions. All orders for the goods placed by You shall be deemed to be your offer for the purchase of goods pursuant to these terms. Acceptance of delivery of the goods shall be conclusive evidence of your acceptance of these terms. Any variation to these terms (including any special terms agreed between Us) shall be inapplicable unless agreed in writing by us. 3.Price and payment You must pay the Price and any Value added tax which is stipulated on the Website to Jardinart Ltd at the time of acceptance of your order by Jardinart. 4. The Goods The goods and description of the Goods shall be as described in the order which You have made on the Website or by mail order and shall be supplied in accordance with the description contained on the Website and manufactured in accordance with all applicable British Standards which relate specifically to the goods. We may make changes in the specification of the Goods to comply with any applicable safety or statutory requirements or which do not materially affect their quality or fitness for purpose. Should your required goods be unavailable due to that range being Sold Out.Jardinart will notify you by e-mail and the Price including costs of carriage will be re-credited to your account. This refund will be made as soon as possible and not less 30 days after the date of your order. However, we will not offer You any additional compensation (for example (and without limitation) for disappointment) |
5. Warranties and Liabilities You or the person (other than you) to whom the goods are delivered must examine the Goods and check that they are in accordance with your order and of satisfactory quality as soon as practicable after delivery. We cannot guarantee that the colours of the Goods will be identical to those shown on your monitor since depending on your PC these can vary. Subject to this We warrant that We have the right to sell these Goods and that the Goods will at their time of delivery correspond to the general description given on the Website and that the Goods shall on delivery be of satisfactory quality. If you consider that We have not met these obligations You must notify jardinart.co.uk by e-mail immediately and return the Goods to us within 14 days of delivery specifying your complaint in writing and providing contact details in order that We may contact you with any queries. Provided that the Goods are delivered or sent by carrier and postmarked for return to Us at Jardinart Ltd Unit 3B Kingsfield Way Kings Heath Northampton NN5 7QN within 14 days of receipt of the original purchase by You and We are satisfied that the Goods have not been used in an inappropriate way or tampered or interfered with in any way We will at your option either refund the Price including the cost of carriage and delivery and any Value added Tax or offer replacement Goods. If we accept that the Goods are defective or otherwise not in accordance with your order We will also reimburse You in respect of the costs of carriage on return of the defective Goods. This is our entire liability whether in contract or tort (other liability for negligence causing personal injury or death) for defects in the Goods or any other breach such as, without limitation, lateness of delivery. Further, We shall not be liable to You for any loss of profits or other direct or indirect or consequential loss whether arising from negligence, breach of contract or otherwise howsoever. In the event our liability shall not exceed the Price. 6.Deilvery of Goods Delivery of Goods shall be made by our appointed carriers on our behalf to the billing address of the credit card used to make payment unless otherwise agreed and confirmed by e-mail to Jardinart.co.uk on our behalf. Such delivery will be made on the Delivery Date or as soon as possible thereafter. If for some reason delivery is delayed We will use all reasonable endeavours to ensure delivery as possible thereafter and Jardinart will notify You of such deferred Delivery Date. You must make all arrangements necessary to take delivery on the Delivery Date or where a Delivery has been delayed on such later date as may be notified to You by Jardinart or their appointed carrier. 7 Acceptance and Cancellation You are deemed to have accepted the Goods 24 hours after delivery. Notwithstanding the above, if for any reason you are not totally satisfied with the Goods simply notify Jardinart of this by e-mail and deliver the item concerned to Us in its original and unused condition along with the packaging and providing the reference numbers within 14 days of delivery together with an Order Cancellation Form duly completed. Provided that the Goods are postmarked for return to Us within 14 days We will at our option either offer you a refund of the Price or offer replacement Goods within 30 days of the date on which you gave notice of cancellation. You must bear the cost of carriage on return of the Goods to Us. Please note that returns policy does not apply in relation to personally made goods such as commissioned Goods, unless such Goods are found to be faulty in which case see paragraph 5. This returns policy is in addition to your statutory rights. The returns policy does not apply in respect of sales outside the European Union. 8. Title and Risk Title and risk passes to You on delivery of the Goods 9. Force Majeure We at Jardinart shall not be liable for any failure to deliver Goods or delay in doing so or any defect or change caused by an event or circumstance beyond Jardinarts reasonable control. 10. General These terms set out the whole of the Agreement relating to the supply of Goods to You. No addition or modification of any person shall be binding unless made in writing and signed by a duly authorised representative of each party. Neither party shall assign or otherwise transfer this Agreement or any of its rights under this Agreement. This contract shall be governed by and interpreted in accordance with English Law subject to the non-exclusive jurisdiction of the English Courts. If any part of these Terms are held to be illegal or unenforceable the remainder shall remain in force and effect. |
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© 2003 Jardin Art | Usage of this site is on the terms
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