The
following
terms
and
conditions
apply
to
transactions
on
our
website
at
MailOrderCorals.com
The
placing
of
an
order
indicates
your
acceptance
of
these
terms
and
conditions.
Please
read
them
carefully
and
if
required,
print
a
copy
for
your
records
or
future
use.
To
Order
through
this
website
you
must
be
at
least
18
years
of
age.
We
will
treat
each
order
as
a
commitment
by
you
to
purchase
the
goods
subject
to
these
terms
and
conditions.
1.DEFINTIONS
1.1“
Buyer”
means
the
individual
or
organisation
who
buys
or
agrees
to
buy
the
Goods
from
the
Seller;
1.2“
Consumer”
shall
have
the
meaning
ascribed
in
section
12
or
the
Unfair
Contract
Terms
Act
1977;
1.3“
Contract”
means
the
contract
between
the
Seller
and
the
Buyer
for
the
sale
and
purchase
of
Goods
incorporating
these
Terms
and
Conditions
1.4“
Goods”
means
the
articles
that
the
Buyer
agrees
to
buy
from
the
Seller;
1.5“
Seller”
means
MailOrderCorals.com
/
.co.uk
1.6“
Terms
and
Conditions”
means
the
terms
and
conditions
of
sale
set
out
in
this
document
and
any
special
terms
and
condition
agreed
in
writing
by
the
Seller.
2. CONDITIONS
2.1
Nothing
in
these
Terms
and
Condition
shall
affect
the
Buyer’s
statutory
rights
as
a
Consumer.
2.2
These
Terms
and
Conditions
shall
apply
to
all
contracts
of
sale
of
Goods
by
the
Seller
to
the
Buyer
and
shall
prevail
over
other
documentation
or
communication
from
the
Buyer.
2.3
Acceptance
of
delivery
of
the
Goods
shall
be
deemed
conclusive
evidence
of
the
Buyer’s
acceptance
of
these
Terms
and
Conditions
2.4
Any
variation
to
these
Terms
and
Conditions
(including
any
special
terms
and
conditions
agreed
between
parties)
shall
be
in
applicable
unless
agreed
in
writing
by
the
Seller.
3. ORDERING
3.1
All
orders
for
Goods
shall
be
deemed
an
offer
by
the
Buyer
to
purchase
Goods
pursuant
to
these
Terms
and
Condition
subject
to
acceptance
by
the
Seller.
The
Seller
may
choose
not
accept
an
order
for
any
reason.
3.2
Where
the
Goods
ordered
by
the
Buyer
are
not
available
from
stock
the
Buyer
shall
be
notified
and
give
the
option
to
either
wait
until
the
Goods
are
available
from
stock
or
cancel
the
order
and
receive
a
full
refund
within
30
days.
4. PRICE AND PAYMENT
4.1
The
price
of
the
Goods
shall
be
that
stipulated
on
the
Seller’s
current
price
list.
The
Price
is
inclusive
of
VAT.
The
Price
does
not
include
delivery
charges.
Additional
delivery
charges
are
payable
for
delivery
both
within
and
outside
the
United
Kingdom.
4.2
Payment
of
the
Price
and
delivery
charges
must
be
made
in
full
before
dispatch
of
the
Goods.
5. RIGHTS OF THE SELLER
The Seller reserves the right to adjust the price and specification of any item in its current price list.
6. WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. We will endeavour to ensure that all goods received by the buyer are a true likeness to the actual photograph shown on the website. Goods may however appear different due to many attributing factors i.e. lighting and living conditions.. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or the condition of the Goods, whether implied by the Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7. DELIVERY
7.1
The
Seller
shall
use
its
reasonable
endeavours
to
meet
any
date
agreed
for
delivery.
In
any
event
time
of
delivery
shall
not
be
of
the
essence
and
the
Seller
shall
not
be
liable
for
any
losses,
costs,
damages
or
expenses
incurred
by
the
Buyer
or
any
third
party
whether
directly
or
indirectly
out
of
any
failure
to
meet
the
estimated
delivery
date.
7.2
Delivery
of
the
Goods
shall
be
made
to
the
Buyer’s
address
specified
in
the
order
and
the
Buyer
shall
make
all
the
arrangements
necessary
to
take
delivery
of
the
Goods
whenever
they
are
tendered
for
delivery.
7.3
Title
and
risk
in
the
Goods
shall
pass
to
the
Buyer
upon
delivery
of
the
Goods.
7.4
The
date
for
delivery
shall
be
arranged
between
the
buyer
and
seller
on
a
mutually
agreed
basis,
once
full
payment
has
been
received.
8. CANCELLATION AND RETURN
8.1
The
Buyer
shall
inspect
the
Goods
immediately
upon
receipt
and
shall
notify
the
Seller
within
1
hour
of
delivery
if
the
Goods
are
damaged
or
do
not
comply
with
any
of
the
Contract,
photographic
evidence
will
be
required
within
2
hours.
If
the
Buyer
fails
to
do
so
they
shall
be
deemed
to
have
accepted
the
Goods.
8.2
The
Buyer
is
responsible
for
all
costs
involved
in
returning
the
Goods
should
a
return
be
required.
8.3 The Seller can not be held liable for any damages caused to goods by dipping of the goods on arrival and the seller will not replace any goods that have perished after dipping.
9. LIMITATION OF LIABLITY
9.1
Except
as
may
be
implied
by
law
where
the
Buyer
is
dealing
as
a
Consumer,
in
the
event
of
any
breach
of
these
Terms
and
Conditions
by
the
Seller
the
remedies
of
the
Buyer
shall
be
limited
to
damages
which
shall
in
no
circumstances
exceed
the
value
of
the
Goods
and
the
Seller
shall
under
no
circumstance
be
liable
for
any
direct,
incidental
or
consequential
loss
or
damage
whatever.
9.2
The
seller
will
not
be
responsible
for
any
delays,
damage
or
losses
due
to
a
third
parties
performance
i.e.
delays
in
delivery
by
contract
courier
or
damage
caused
by
them.
9.3
Where
the
seller
believes
that
the
buyer
has
a
justifiable
complaint
then
a
credit
will
be
issued
for
an
amount
deemed
reasonable
to
the
specific
order.
9.4 It
is
the
buyers
responsibility,
if
receiving
outside
the
European
Union,
to
ensure
they
have
the
correct
legal
documentation
to
receive
their
goods
purchased,
so
as
to
conform
to
their
local
areas
legislation.
10. WAVIER
No wavier by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
11. 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 circumstance outside its reasonable control, but not limited to Acts of God, strikes, lock outs, accidents of 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 entitles to a reasonable extension of time to fulfil its obligations.
12. SEVERANCE
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 served 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.
13. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not effect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. GOVERNANCE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the English courts.