THE CRYSTAL ANVIL IS THE TRADING NAME OF ALEXANDER AGRICOLA
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF THE CRYSTAL ANVIL
In this document the following words shall have the following meanings: 1.1 “Buyer” means the organisation or person who buys Goods from the Seller; 1.2 “Goods” means the articles to be supplied to the Buyer by the Seller; 1.3 “Intellectual Property Rights” also written as “IPR” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable; 1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time; 1.5 “Seller” means the organisation who provides the goods to the Buyer
2.1 These Terms and 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 referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing. 2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage when required, shall be paid for by the buyer. 3.2 Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller. 3.3 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3.00% per annum above the base rate of the Bank of England. 3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to: 3.4.1 require payment in advance of delivery in relation to any Goods not previously delivered; 3.4.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery; 3.4.3 terminate the contract.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 6.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract. 6.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage. 6.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
9.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 1 month from the date of delivery, subject to the following conditions: 9.1.1 the Buyer notifying the Seller in writing immediately upon the defect becoming apparent; 9.1.2 the defect being due to the faulty design, materials or workmanship of the Seller. 9.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller. 9.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer. 9.4 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid. 9.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
10.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to: 10.1.1 the correspondence of the Goods with any description; 10.1.2 the quality of the Goods; or 10.1.3 the fitness of the Goods for any purpose whatsoever. 10.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to: 10.2.1 the correspondence of the Goods with any description; 10.2.2 the quality of the Goods; or 10.2.3 the fitness of the Goods for any purpose whatsoever. 10.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
11 LIMITATION OF LIABILITY
11.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price. 11.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
12 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
13 FORCE MAJEURE
The Seller shall not 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 Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
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.
17 GOVERNING LAW AND JURISDICTION
This Agreement 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.
Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the seller in respect of any one delivery shall not entitle the buyer to repudiate the contract or any instalments remaining to be delivered thereunder.
Our catalogues, price lists and quotations do not constitute offers made by us. Your order will be deemed to be an offer to us under these conditions. There is a binding agreement between us once we accept your order and these terms and conditions and the disclaimer of liability are deemed incorporated in all agreements for the sale of goods by us. They shall prevail over any terms or conditions contained or referred to elsewhere or implied by trade custom, practice or course of dealing. In spite of completion and delivery being made the property (I.e the ownership) in the goods shall not pass from us until (a) you have paid the price plus any V.A.T payable thereon in full and in the case of payment by cheque until such time as the same shall have been cleared through the usual banking system and (b) no other sums whatever shall be due from you to us. Until the property in the goods passes to you in accordance with the above, you shall hold the goods and each item thereof on a fiduciary basis as bailee for us. You shall store the goods at your cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
You must inspect the Goods on receipt and we shall be under no liability in respect of damage to Goods or incomplete delivery unless you submit a written claim to us and we receive this within 2 days of receipt by you of the Goods (or in the case of missing or undelivered Goods, within 7 days of due date of receipt) followed within 14 days of our request by such evidence of defect or shortage as we may reasonably request. In the event that goods are shipped by royal mail, The Crystal Anvil accept no liability and do not offer any warranties whether express or implied, including (without limitation) any implied warranties with regards the loss of goods in transit & it will remain the sole responsibility of the customer to make any claim with Royal Mail. We are not responsible for damage incurred in shipping. If your package is damaged in transit, you must save all packaging materials and contact the carrier immediately. DO NOT RETURN THE PACKAGE TO US, but do contact us and let us know there is a problem so that we may follow up with the carrier. Should an incorrect address be supplied for the goods to be shipped to, resulting in their return, then you shall remain liable to pay the return shipping costs at the original cost. How long will delivery take? All Digital Downloads will be available as soon as the order has been paid for in full. Delivery times depends on the current status of stock and although 90% of the products advertised are held as stock, if the order is required for a date, please enquire first. The 24 or 48 hour shipping refers to the length of time in transit via our shippers and NOT HOW LONG IT WILL TAKE FROM THE TIME OF ORDER, final delivery time will depend on the current stock availability of the chosen item/items. If timing is critical to the order, then please contact us in advance. Assuming everything is in stock and including order processing you should receive a 24 Hour SHIPPED order within 2-4 working days. If you have purchased several items you will be given the choice to wait until everything is ready to ship which is the cheapest type of shipping OR pay the additional shipping charge (cost dependant on products to be sent, please check first)to have the order split. The longest items that are the made to measure take on average 2 weeks from the date of order. PLEASE NOTE: NO non digital deliveries are made on Saturdays, without prior arrangement and an additional charge will be required on top of the standard shipping charge (We feel this is an expensive option, which is why we do not offer it as a standard service) PLEASE NOTE: IF AN ITEM IS OUT OF STOCK AND IS PART OF A LARGER ORDER, THE IN STOCK ITEMS WILL NOT BE SHIPPED UNITL THE COMPLETE ORDER IS READY, UNLESS REQUESTED AND AN ADDITIONAL SHIPPING CHARGE WILL BE PAYABLE. CANCELLATION OF AN ORDER PRIOR TO RECIEPT (****IMPORTANT****) Should any part of your order be out of stock at the time of order you will be informed within 48 hours (APART FROM BANK HOLIDAYS) of its approximate delay and expected delivery date. If any part of the order is required for a specific date, we MUST be informed of this prior to placement of the order or the order will be progressed and cancellation will NOT be possible unless we are informed in writing within 48 hours of our emailed notification of late delivery. If we are not notified of a required date and or are not responded to within the 48 hour holding period, NO REFUND will be possible, however we will offer a credit note to the equivalent value for a future purchase. If for any reason you are not happy to accept this term of business irrespective of distance selling regulations PLEASE DO NOT place an order as it will save disappointment and debate. Please note this Term of business does NOT effect you statutory consumer rights in any way. PLEASE NOTE THAT WHEN PLACING AN ORDER YOU MUST AGREE TO OUR TERMS PRIOR TO PROCEEDING SO IN CLICKING THE “I AGREE” BUTTON YOU ARE ACCEPTING OUR TERMS IN FULL.
RETURNING A NON-FAULTY ITEM
Due to the nature of digital dowloads The Crystal Anvil cannot offer any form of refund on any digital download product unless said product can be shown to be not fit for purpose save where no download has taken place. If for any reason the customer is unhappy with their purchase, they can return it to The Crystal Anvil for an exchange or Credit note, providing The Crystal Anvil receives it within 14 days from the date of its original receipt by the customer. Returned products must be received by The Crystal Anvil in good condition and all component parts, including any promotional products that may have been included in your purchase. A note explaining the reason for return should also be enclosed. This does not affect your statutory rights. The customer bears the cost of returning goods for refund or exchange, except in cases of faulty or damaged goods. If the wrong size has been sent in error, then return shipping will be repaid by The Crystal Anvil, UNLESS the customer does not require an exchange for the correct size (The Crystal Anvil requests that you use registered post or recorded delivery when returning goods and that proof of postage is retained), then a credit note will be issued to the same value. All refunds aim to be processed within 48-72 hours, however in accordance with distance selling regulations customers MUST allow up to a maximum 21 days. We sell a large range of goods from various suppliers and as such we are unable to vouch for or warrant the suitability of any goods for the purpose for which buyer or anyone else may choose to put them and the buyer must and should rely entirely upon any manufacturer’s warranty in that regard. When purchasing an item that has been made to special order, the company reserve the right to charge up to a 20% cancellation charge at the managers discretion. In the best traditions of LIVE ROLEPLAY always use equipment in a safe and responsible manner and avoid putting or subjecting the equipment to use that is likely to cause it to deteriorate or become dangerous to you or to others. Always read the manufacturers instructions for use, recommendations and warnings and follow them. Always check equipment before use, particularly when it may have been subject to misuse by others. Before selling, lending or giving away equipment bought from us, always insist that the person to whom the equipment is passed understands its correct usage and limitations and carries out regular checks of the equipment. An exception to this returns policy is with regards personalised (bespoke) items which are created solely to the measurements provided by yourselves, these are unfortunately non returnable.
We cannot be held liable for damage or injury to persons or property caused by the incorrect use of the equipment or by persons failing to exercise proper caution in its use, howsoever caused. We do not give any warranties whether express or implied, including (without limitation) any implied warranties or merchantability or fitness for a particular purpose. In no event will we be liable to you or to any third party for any direct, indirect, incidental or consequential damages or lost profit resulting from any use or misuse or modifications made to or of this equipment. Placing an order from this website means that you have read and agreed with all of our Terms & Conditions. Your statutory and consumer rights are not affected Office Address: Alexander Agricola The Crystal Anvil 11 Navigators Road, Birmingham, B27 6SX Tel: 07961017202
At The Crystal Anvil we are committed to protecting your privacy. We use the information we collect about you to process your orders and to provide a personalised shopping service. We use the information given to us in the following ways: When you place an order we ask you for your contact and credit/debit card/paypal details. This allows us to process your order. A telephone contact number is requested and passed onto our carrier to facilitate delivery of your order to your door. The details given by you when you enter one of our competitions or provide feedback is used to administer the monthly newsletter and notify winners. We may also use the information you provide to occasionally notify you of important changes to our web site, new Crystal Anvil services and special offers or promotions we think you’ll find valuable. If you would rather not receive this information, please send an email to email@example.com with a subject of Unsubscribe