Application
These conditions
apply to all contracts between the seller and the buyer referred
to in the order and override all conditions stipulated by
the buyer ( even submitted in a later document), any other
agreements between the parties relating to the subject matter
of this order are terminated ( expect an agreement into which
these conditions are incorporated).
No variation
of these conditions is permitted unless agreed in writing
by the seller.
These terms
and conditions do not affect your statutory rights.
By clicking the ‘Proceed to secure payment server’
button after selecting confirming your order you are offering
to buy the goods at the price stated subject to our terms
and conditions.
We reserve the right, at our discretion, to refuse to supply
goods you order.
Payment
Payment
is accepted by Visa, MasterCard, Switch, Solo, Delta or Visa
Delta, Maestro or Direct Debit all Via Papal, and must be
received prior to delivery of goods.
All transactions on the web are processed in UK pounds sterling.
All products remain the property of The Masking Shop, until
payment has been received in full.
The price of the goods will be stipulated at the time when
you place your order. We are entitled to make adjustments
to the price to take account of any increase in our supplier’s
price or if due to an error or emission the price published
for the goods on our web site is incorrect. We will inform
you of the correct price and give you the option to cancel
your order.
All prices include VAT. The Masking Shop reserves the right
to change prices. All goods are subject to availability. If
we do not supply the goods we will refund any money already
paid. We will not be liable for compensation or damages if
we do not supply the goods.
Delivery
Orders
to Scottish Highlands, Ireland (including N. Ireland) and
Channel Islands – are at a Higher Rate and will be subject
to quotation prior to dispatch.
Orders over £50.00 (inclusive of VAT) are free of delivery
charges. All prices are subject to fluctuation due to factors
beyond the Company’s control.
Delivery dates are approximate only and the seller shall not
be responsible for any loss or damage arising from any delay
in delivering all or part of any goods ordered or delays in
the provision on any services.
Without
prejudice to clause above, the seller will not be liable for
any delay in delivery or non-delivery of goods or services
or any other breach of these conditions
Caused by any circumstances beyond the sellers control including
without limitation, an Act of God, explosion, fire , flood,
war, hostilities, accident, delay in delivery or non delivery
by the sellers suppliers, breakdowns or accidents to machinery,
labour strike or dispute, order or decree of any court or
action of any governmental authority, or any other causes
or any circumstances beyond the sellers control; on the occurrence
of any of the above events the seller reserves the right to
cancel or suspend the whole or part delivery.
Orders
taken by 1.30pm Mon-Thursday and orders taken by 11am Friday
would usually be despatched the same day. Every effort will
be made to deliver on time, but any delivery specified is
a best estimate and no liability is accepted for any loss
arising from delay or error in the delivery of the goods.
Delivery of goods made by third party companies (Couriers
etc) and Royal Mail are outside the control of the Masking
Shop. No claim for compensation will be entered into for failure
to deliver by these or any other method of goods transport.
Liability:
Save in so far as defects in the goods cause death, injury
or damage to personal property, our liability for any loss
or damaged suffered by you in respect of the goods shall be
limited to the contract value of the goods. This does not
affect the rights of a consumer.
Inspection
If the
goods or any of them are damaged or lost while in the custody
of a carrier, the seller will (at its option) either replace
such goods or refund to the buyer the cost or price of them,
but the seller liability in connection with any such goods
will not exceed the cost of replacement of them or the price
paid by he buyer for them.
The seller
will not be under any liability (see above) unless the following
conditions are strictly complied with:
In the
event of non-delivery of a whole consignment of goods the
buyer must inform the seller in writing within ten days of
the date of the invoice.
In the
case of damage to goods or loss of part of a consignment,
the consignment must be inspected in the presence of the carrier.
If any goods are damaged or lost the consignment note must
be endorsed accordingly and the Buyer must notify the Seller
within forty-eight hours of delivery, such notification to
be confirmed in writing within the following five days.
Returns
/ Faulty Goods
All faulty
goods must be reported to The Masking Shop via email. The
return of goods is entirely at our discretion.
Any goods returned to us without prior authorisation or which
are not in the condition sent out above will be rejected and
returned to you at your cost.
Your product must be complete, and in ‘as new’
condition. It should be returned with the original box.
Our rights to cancel
We shall
be entitled to cancel your order or any contract if
You order Products or Services that become unavailable, in
which case we are not obliged to provide substitute items
or substitute services but shall inform you of the unavailability.
You do not pay us the price due for the products and or services
by the due date.
You are from outside the UK
You are either not able or not authorised to enter into the
contract with us.
Unless we agree otherwise, you will not be able to cancel
a contract for services once performance of those services
has begun.
If we cancel your order and any contract for a product or
if for any reason you wish to return the product to us for
a refund, please email us within 30 days for your receipt
of the products (which shall be deemed to be 2 working days
after posting by us) to arrange the return. You will be given
the following information:
Returns
Number
Collection Date
Please
note your return must
Include
the Returns Number (this is so we can identify the return)
Include the product with all packaging and associated documentation
unused and in original condition.
General
If any
provision of these terms and conditions shall be unlawful,
void or for any reason unenforceable then that provision shall
be excluded and shall not affect the validity and enforceability
of the remaining terms and conditions. Any disputes not resolved
by the normal complaints procedure will be resolved exclusively
in the courts of England & Wales under English Law. These
terms and conditions are subject to change at any time without
prior notice to you.
Responsibility of Product use: The end user of any product
or material supplied by The Masking Shop must ensure that
they have satisfied themselves that the product is fit for
the purpose by testing prior to final use. No claim will be
entered into, for injury or subsequent or consequential loss
no matter how caused, leading from the end user failing to
fully test a product in the final application. Advice given
by any member of the company as to the suitability of a product
can only be treated as such.
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