ANGEL GENIE LIMITED - WEBSITE TERMS OF SALE

The Site is owned and operated by the Seller. The Seller provides access to the Site and sells Goods to the Buyer subject to these Conditions.

These Conditions of sale constitute a binding agreement between the Seller and the Buyer which applies to all purchases of Goods by the Buyer from the Site

Please read these Conditions carefully before using the Site. By purchasing Goods from the Site, the Buyer signifies agreement to be bound by these Conditions.

2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. No other agent or representative of the Seller has any authority to vary or omit these conditions in whole or in part.
2.5 Any typographical clerical or other error or omission in any information contained in any sales literature quotation price list order confirmation or other documentation issued by the Seller shall be subject to correction without any liability on the Seller's part.
2.6 Any order accepted is subject to stock availability. Back orders shall not be retained and it shall be the Buyer's responsibility to re-order any unavailable Goods if required.
2.7 The Buyer acknowledges and accepts that the purchase of Goods from the Site is also subject to and governed by the terms of the Seller's respective Site Terms of Use and Privacy Policy
2.8 Any representations made by the Seller's employees or agents concerning the Goods shall not be incorporated into the Contract unless confirmed by the Seller in writing and in entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of such representations which are not so confirmed
2.9 Where applicable (and unless otherwise provided in the Conditions) any terms referred to in any order confirmation or other documentation issued by the Seller relating to the rights and obligations of the parties to the Contract with respect to the delivery of the Goods shall have the meaning set out in "Incoterms 2000"

3 Contract
3.1 When the Buyer places an order to purchase Goods from the Seller, including submission of the Buyer's card details for payment of the Price, the Seller will send the Buyer an order acknowledgement by email confirming receipt of the order, the processing of the Buyer's card details and containing the details of the order. The Buyer's receipt of this order acknowledgement does not mean that the Buyer's order has been accepted.
3.2 The Buyer's order represents an offer to the Seller to purchase Goods which is accepted when the Seller sends an Order Confirmation to the Buyer by email confirming card payment authorisation or receipt of payment of the Price and that the Goods have been dispatched.
3.3 The Contract will relate only to those Goods whose dispatch the Seller has confirmed in its Order Confirmation. In accordance with clause 2.6 above, the Seller will not issue an Order Confirmation if the Goods are no longer available for sale or the card payment is not authorised or payment is not received. The Seller will not be obliged to supply any other Goods which may have been part of the Buyer's order until the dispatch of such Goods has been confirmed in an Order Confirmation.
3.4 The Seller uses a secure server that implements secure socket layer technology to prevent a person from gaining access to the Buyer's card details or registration information which is on the Seller's Site or transmitted across the internet. If the Buyer discovers that Goods have been ordered using their card details in circumstances not authorised by the Buyer, then they should immediately notify the Seller and the Buyer's card provider and any other third party (including without limitation the Police) in accordance with the card provider's rules and procedures.

4 The Price and Payment
4.1 Unless otherwise agreed in writing by the Seller the Price includes VAT if applicable and outward transit insurance but excludes related delivery (including transport and/or shipping charges) postage and packing costs to the Delivery Address, with such costs being added to the Price as set out in the Seller's Delivery Guide
4.2 Unless otherwise notified by the Seller in writing all payments of the Price by the Buyer must be made in pounds Sterling.
4.3 The price of any Goods will be as quoted on the Seller's Site from time to time, except in cases of obvious error
4.4 The Seller reserves the right to increase the Price to reflect any taxes or duties which are or may from time to time be levied by any governmental statutory or local authority upon the sale of the Goods and any necessary additions shall be charged at the rates prevailing at the date of invoice
4.5 Prices are liable to change at any time, but, subject to clause 4.7 below, changes will not affect orders in respect of which the Seller has already sent the Buyer an Order Confirmation.
4.6 The Seller's Site contains a large number of Goods and it is always possible that, despite the Seller's best efforts, some of the Goods listed on the Seller's Site may be incorrectly priced. The Seller will normally verify the Price as part of the Seller's dispatch procedures so that, where a Good's correct price is less than the Seller's stated price, the Seller will charge the lower amount when dispatching the Goods to the Buyer. If a Good's correct price is higher than the price stated on Site, the Seller will normally, at the Seller's discretion, either contact the Buyer for instructions before dispatching the Goods, or reject the Buyer's order and notify the Buyer of such rejection.
4.7 The Seller is under no obligation to provide the Goods to the Buyer at the incorrect (lower) price, even after the Seller has sent the Buyer an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by the Seller as a mis-pricing.
4.8 Subject to any special terms agreed in writing between the Seller and the Buyer and unless otherwise specified in the Order Confirmation payment for all Goods must be by credit or debit card and is due at the point the Seller sends the Buyer an Order Confirmation (the ‘Due Date'). The Seller will not charge the Buyer's credit or debit card earlier than the point at which the Seller sends the Buyer the Order Confirmation. The Seller accepts payment with Visa, Mastercard, Switch, Maestro. Please note that, in accordance with the Seller's Privacy Policy, the Buyer's payment of the Price will proceed through our secure payment service provider PayPoint.net Limited.
4.9 If for any reason through no fault of the Seller, it dispatches the Goods and the Buyer fails to make payment on the Due Date then without prejudice to any other right or remedy available to the Seller it shall be entitled to:-
(a) cancel the Contract and/or suspend any further deliveries to the Buyer until the outstanding payment is received in full; and
(b) charge the Buyer interest (before and after any judgment) on the amount unpaid at the rate of 4% per annum above the Bank of England base rate from time to time until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest); or
(c) charge the Buyer in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998

5 The Goods / Warranties and liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended from time to time) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
5.2 Notwithstanding clause 5.1 the Seller shall not be liable under any warranty condition if:-
(a) the Price has not been paid in full by the Due Date;
(b) any defects arise from fair wear and tear the Buyer's negligence abnormal working conditions failure to follow the Seller's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller's approval.
(c) the Goods are not manufactured by Us, in which case the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller
(d) the Buyer shall inspect the Goods on delivery and shall within two (2) days of delivery notify the Seller of any alleged defect damage or failure to comply with description or sample.  The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them.  If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods
(e) Unless agreed in writing the Seller shall be under no liability in respect of any alleged defects in respect of any failure of the Goods to comply with any governmental statutory or other provisions relating to the Goods in the country of destination of the Goods and the Buyer acknowledges that it shall be its responsibility to ensure that the Goods comply with such provisions as may apply to the Goods
5.3 The Seller's sole obligation for breach of the warranties set out in clauses 5.1 above shall be at its option to grant the Buyer a credit at the Price at which the Goods are invoiced or to repair or replace the defective Goods within a reasonable period provided that in all cases the allegedly defective Goods are promptly returned to the Seller carriage paid and have been found after examination by the Seller not to have complied with the aforesaid warranties
5.4 Notwithstanding clause 5.1 all drawings specifications Goods finishes and colours or shades in the Seller's catalogue literature and advertisements are approximate and do not constitute a trade description.
5.5 In furtherance of clause 5.4 above, the Seller has made every effort to display as accurately as possible the colours of the Goods that appear on the Site. However the actual colours seen will depend upon the Buyer's monitor and the Seller cannot guarantee that the Buyer's monitor's display of any colour will be accurate.
5.6 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
5.7 All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Seller's specification) relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.
5.8 The Seller's liability hereunder for any delay in performing or any failure to perform any of its obligations in relation to the Goods shall be limited to the excess (if any) of the cost to the Buyer in the cheapest available market of similar goods to replace those not performed over the Price
5.9 Except in respect of death or personal injury caused by negligence liability for which cannot be excluded the Seller shall not be liable to the Buyer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the contract for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the Seller's negligence or the negligence of the Seller's employees or agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Buyer except as expressly provided in the Conditions.
5.10 The Buyer shall indemnify the Seller against all claims losses costs and expenses made against or suffered by the Seller arising from or incurred by reason of any loss injury of damage suffered by a third party and arising out of the Buyer's breach of any one or more of these Conditions or use or re-sale of the Goods
5.11 The Buyer warrants that it shall observe and comply with all applicable regulations and legislation including without limitation obtaining all necessary customs, import or other permits or licences to purchase the Goods from the Site. Certain national laws may prohibit the importation or exportation of certain Goods to the Buyer. No representations are made by the Seller as to this and no liability is accepted in respect of the export or import of the Goods purchased by the Buyer.

6 Delivery of the Goods
6.1 Unless otherwise stipulated in the Order Confirmation, the Goods will be delivered by the Seller's agent carrier
6.2 The Seller will aim to deliver the Goods set out in the Order Confirmation to most destinations within the United Kingdom within two days of dispatch. International deliveries of Goods will take longer. However, notwithstanding this, any date or time quoted for delivery of the Goods is approximate only to accommodate any (including without limitation) printing or delayed delivery problems encountered by the Seller (or its agent) and the Seller shall not be liable for any loss suffered by the Buyer arising from any delay in the delivery of the Goods. The Buyer should see the Seller's Delivery Guide
6.3 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery
6.4 Time for delivery shall not be of the essence unless previously agreed by the Seller in writing and it is agreed that the Buyer shall not be entitled to terminate the Contract by reason of the Seller's failure to deliver by the Delivery Date
6.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions (otherwise than by reason of the Seller's fault) then without prejudice to any other right or remedy available to the Seller it may:-
(a) store the Goods until actual delivery and charge the Buyer the reasonable costs (including transportation and insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for any excess over the Price or charge the Buyer for any shortfall below the Price
6.6 The Seller shall be entitled to deliver the Goods by installments of any size and in any order
6.7 In furtherance of clause 5.11 above, the Buyer shall be responsible for obtaining all necessary licences and permissions for the import of the Goods into the country of destination

7 Return of Goods/Cancellation
7.1 Where the Buyer is a non-trade, consumer purchaser, he/she may cancel a contract at any time within seven (7) working days, beginning on the day after the Buyer received the Goods. In this case, the Buyer will receive a full refund of the Price paid for the Goods in accordance with the Seller's Refund Policy as detailed in clause 8 below. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods
7.2  To cancel a contract, the Buyer shall inform us in writing and return the Goods to us within ten (10) working days of delivery by special delivery, packed securely and insurance paid for the full retail value of the Goods at the Buyer's own cost and risk, in the same condition in which the Buyer received them, including without limitation unused and in the original packaging.
7.3 The Buyer shall ensure that all reasonable care is taken of the Goods whilst they are in its possession.

8. The Seller's Refunds Policy
8.1 When the Buyer returns Goods to the Seller (for instance, because the Buyer has cancelled the contract between the parties or because the Buyer claims that the Goods are defective), the Seller will examine the returned Goods and will notify the Buyer of the Buyer's refund via e-mail within a reasonable period of time. The Seller will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the purchase. The Seller will usually process the refund due to the Buyer as soon as possible and, in any case, within thirty (30) days of the day the Seller received the Buyer's cancellation or the day the Seller confirmed to the Buyer via e-mail that the Buyer was entitled to a refund for delivery of the defective Goods.
8.2  Goods returned by the Buyer because of a defect will be refunded in full, including a refund of the Price and the cost incurred by the Buyer in returning the item to the Seller.
8.3  The Price for Goods cancelled by a Buyer within the period set out in clauses 7.1 above will be refunded in full, excluding the cost of sending the Goods securely packaged and insured to the Buyer provided that the Goods are returned to the Seller within ten (10) working days of delivery. However, the Buyer will be responsible for the cost of returning the Goods to the Seller.

9. Title and Risk
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon the earlier of collection by an agent carrier or delivery of the Goods to the Delivery Address
9.2 Notwithstanding delivery and the passing of risk in the Goods or any provision of these Conditions the property in the Goods shall not pass to the Buyer until the Goods have been delivered to the Buyer and the Seller has received in actual cleared funds payment in full of the Price and the price of all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due
9.3 Until such time as the property in the Goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Buyer

10. Termination:
10.1 Without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability on the Seller's part to the Buyer and if the Goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that:-
(a) the Buyer makes any voluntary arrangement with its creditors or a notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying charge holder (as defined in paragraph 14 of Schedule B1 to the insolvency Act 1986) becomes or (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
(b) an encumbrancer takes possession or a receiver is appointed of any of the Buyer's property or assets; or
(c) the Buyer ceases or threatens to cease to carry on business; or
(d) the Buyer breaches any of these Conditions; or
(e)  the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly
10.2 Without limitation to clause 10.1 above, the Seller reserves the right to cancel the contract between the Seller and the Buyer if the Goods are no longer available for sale. If the Seller does cancel the contract it will notify the Buyer by email and will re-credit to the Buyer's card used for payment of the Price any sum deducted by the Seller from the Buyer's card as soon as possible but in any event within thirty (30) days of the Buyer's order. The Seller shall not be obliged to offer any additional compensation for disappointment suffered

11. Our Right To Vary These Terms And Conditions:
11.1 The Seller has the right to revise and amend these terms and conditions from time to time.
11.2  The Buyer will be subject to the policies and conditions in force at the time that the Buyer orders Goods from the Seller, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Buyer), or if the Seller notifies the Buyer of the change to those policies or these Conditions before the Seller sends the Buyer the Order Confirmation (in which case the Seller has the right to assume that the Buyer has accepted the change to the Conditions, unless the Buyer notifies the Seller to the contrary within seven (7) working days of receipt by the Buyer of the Goods where the Buyer is a non-trade, consumer purchaser

12 Copyright and General
12.1  The copyright in any Artwork comprising all or any part of the Goods is owned by and resides with the Seller and any reproduction of the Artwork shall require the specific prior written consent of the Seller.
12.2 The Seller may perform any of its obligations or exercise any of its rights hereunder itself or through its employees agents sub-contractors or suppliers
12.3 Any reference in these Conditions to any provisions of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time
12.4 The headings in these Conditions are for convenience only and shall not affect the interpretation
12.5 No waiver by the Seller of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or other provision
12.6 No failure by the Seller to exercise any power given to the Seller or to insist upon the strict compliance by the Buyer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of the Seller's rights under the contract
12.7 If any provision(s) of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby and shall continue in full force and effect
12.8 Any notice given hereunder by the Buyer to the Seller must be sent to the Seller by email to info@angelgenie.com and all notices from the Seller to the Buyer will be emailed to the Buyer and/or displayed on the Site from time to time
12.9 Except as otherwise provided nothing in this contract shall confer on any third party any benefit or the right to enforce any terms of this Contract
12.10 The Contract shall be governed by the Laws of England and subject to the non-exclusive jurisdiction of the United Kingdom Courts
12.11(a)Where the Buyer is a non-trade, consumer purchaser, neither party shall be liable for delay or non-delivery of the Goods or for any damage or defect in the Goods delivered that is caused by reason of lock-outs strikes riots malicious damage labour disturbances trade disputes government action (including action by any local or statutory authority) fire floods break down of machinery or any other cause or event whatsoever beyond the reasonable control of either party ("Force Majeure Event").
12.11(b)Where any Force Majeure Event continues for a period of three (3) consecutive months either party may terminate the contract by giving written notice to the other

13. Seller's contact details
If the Buyer has any questions about Goods and/or these Conditions and/or the Site and/or the Seller's business generally please contact the Seller by sending an e-mail to info@angelgenie.com or writing to Angel Genie Limited of Arborlynn House, School Road, Runham, Great Yarmouth, Norfolk, NR29 3EG

©2007 Angel Genie Limited. All rights reserved.

VAT Reg. No. GB927 8120 16

Company No. 06028979