TERMS AND CONDITIONS
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from the Company:
“the Company” means Barber of Sheffield Ltd and any associated trading names
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
Every effort will be made to meet forecast delivery dates, but we cannot however, accept liability for any loss arising from failure to meet them.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
Products delivered (pursuant to orders) are not returnable to us except by prior agreement. Returned goods which are not faulty or have not been sent by our error will be credited at 90% of original invoice value and must be returned to us in re-saleable condition and within 2 weeks of the original delivery. All tattoo inks are non returnable and non refundable.
Any requests for credit or replacements for shortages or damages in transit must be notified to us within 3 days of receipt of goods.
5. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
hold the Goods on a fiduciary basis as the Company’s bailee;
store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property;
not destroy or deface any identifying mark on the Goods or their packaging;
maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
The user must at all times be satisfied that the goods ordered are suitable. The company cannot accept liability for the way the products are stored or used.
The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list. The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition. Carriage is free on all orders over £125 for England, mainland Scotland and Wales, except for orders placed on-line where carriage is free for England, mainland Scotland and Wales. For all other areas including export carriage will be charged at cost. We reserve the right to amend prices to those ruling at the date of dispatch.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company’s liability under the warranty shall be limited to arranging repairing or replacing the Goods in question or refunding the price of such Goods.
9. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed £1000 and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
10. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
Due to a programme of continuous product development we reserve the right to amend specifications, design and price without prior notice. Advertisements, catalogues and other written material are only intended to be represent a general indication of products refereed to therein and in no part shall be binding upon us.