STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS
OF OUT OF THE BOX DESIGNS LIMITED trading as Out of the Box Cards
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.2 "Customer" means any person who purchases Goods from the Supplier;
1.3 "Goods" means the articles available from our website;
1.4 "Supplier" means OUT OF THE BOX DESIGNS LIMITED of 77 St Paul’s Close, Ealing, W5 3JX, trading as Out of the Box Cards.
1.5 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 Goods available from Out of the Box Designs Limited are detailed on our website: www.outofthebox.cards. Out of the Box Designs Limited provides high quality greetings cards with envelopes, packaged in clear bags. Orders are sent in cardboard envelopes to ensure the cards arrive with the Customer in good condition.
3.2 The Customer shall be deemed to have accepted these terms and conditions by placing an order with the Supplier ("the Order").
4 PRICE AND PAYMENT
4.1 The price for the Goods is as specified on the website and is inclusive of VAT. There is an additional charge for postage and packing for all orders under £10.
4.2 Payment of the price shall be made in full when the order is placed through the website, in advance of the goods being sent to the Customer.
5.1 Orders are sent first class using Royal Mail. Orders that are placed before 2pm from Monday to Saturday will be posted that day; orders placed after 2pm or on a Sunday will be posted the following day. It is expected that generally Customers will receive their cards within two days of placing an order, but as we use a third party to deliver our cards we are not able to guarantee the timeframe for delivery. The Supplier may vary these times by intimating in writing details of the change to the Customer but in any event, the Goods will be delivered within 30 days of the contract date unless there is an agreement with the Customer to the contrary.
5.2 All risk in the Goods shall pass to the Customer when the goods are in the physical possession of the Customer.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 comply with such other requirements as may be agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will:
8.1.1 be of satisfactory quality;
8.1.2 be fit for a particular purpose;
8.1.3 match the description, sample or model;
8.2 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 30 days from the date of delivery.
9 REMEDY FOR BREACH
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer is entitled to reject them within 30 days.
9.2 If the Customer asks for replacement of the Goods during this initial 30-day period, the period is paused so that the Customer has the remainder of the 30-day period, or seven days (whichever is longer) to check whether the replacement has been successful and to decide whether to reject the Goods.
9.3 Where the Customer rejects the Goods he or she is entitled to a full refund of the cost of the goods (not including any postage paid to receive the Goods) and is released from all outstanding obligations under the contract
9.4 A refund will be given without undue delay, and in any event within 14 days of the Supplier agreeing that the Customer is entitled to a refund.
9.5 The Customer is responsible for the reasonable cost of returning the goods to the Supplier
10.1 The Customer may cancel an Order by notifying the Supplier by email to email@example.com or in writing at the address above. However, it is our policy that orders will be fulfilled quickly and if the cancellation is not received by the advertised time by which the order is due to be sent out, the order will go ahead and cannot be cancelled. The Customer may return the order for a refund of the cost of the Goods (not postage), and is responsible for the cost of returning the Goods to the Supplier.
11 LIMITATION OF LIABILITY
11.1 The Supplier shall not be responsible for:
11.1.1 losses that were not caused by any breach on the part of the Supplier; or
11.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
11.1.3 any indirect or consequential losses that were not foreseeable to both the Customer and the Supplier.
11.2 The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Customer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.
11.3 Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct.
12 FORCE MAJEURE
Neither party shall 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 party shall be entitled to a reasonable extension of its obligations.
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.
14 GOVERNING LAW
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.
OUT OF THE BOX DESIGNS LIMITED is a Private Limited Company, number 11580762
Registered address: 77 St Paul’s Close, Ealing, W5 3JX
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Post and packing is £1 for orders up to £10, and free for orders over £10