Terms & Conditions
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Terms
& Conditions For supply of Goods and Services of
www.mushers.co.uk
trading under "Kingdom Images"
(Includes Copyright & Privacy
Statements)
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1
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DEFINITIONS |
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1.1 |
In this document the following words shall
have the following meanings
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1.2 |
"Buyer" means the person who buys Goods from the Seller;
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1.3 |
"Consumer" shall have the meaning ascribed in section 12 of the
Unfair Contract Terms Act 1977;
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1.4 |
"Goods" means the articles that the Buyer agrees to buy from the
Seller;
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1.5 |
"List Price" means the list of prices of the Goods maintained by
the Seller as amended from time to time;
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1.6 |
"Seller" means Kingdom Images,
Dalgety Bay, Dunfermline, Fife, KY11 9XE;
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1.7 |
"Terms and Conditions" means the terms and conditions of sale
set out in this document and any special terms and conditions
agreed in writing by the Seller.
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2
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GENERAL |
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2.1
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These Terms and Conditions shall apply to all contracts for the
sale of Goods by the Seller to the Buyer and shall prevail over
any other documentation or communication from the Buyer.
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2.2
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All orders for Goods shall be deemed to be an offer by the Buyer
to purchase Goods pursuant to these Terms and Conditions and are
subject to acceptance by the Seller. The Seller may choose not
to accept an order for any reason.
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2.3 |
Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer's acceptance of these Terms and
Conditions.
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2.4
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Any variation to these Terms and Conditions shall be
inapplicable unless agreed in writing by the Seller.
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2.5 |
Nothing in these Terms and Conditions shall affect the Buyer's
statutory rights as a Consumer.
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3 |
PRICE AND PAYMENT
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3.1
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The price of the Goods shall be that stipulated in the Seller's
current List Price/on the Seller's website/as contained in the
Seller's Quotation (as applicable) at the date of order or as
agreed between the parties. The price is EXCLUSIVE of VAT unless
stated otherwise and EXCLUSIVE of any delivery charges unless
stated otherwise.
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3.2
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Payment of the total purchase price (including any delivery
charges) must be made in full before dispatch of the Goods or
within the invoice period if offered.
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4
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DELIVERY
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4.1 |
Delivery of the Goods shall be made by the Seller notifying the
Buyer that the Goods are available for collection at the
Seller's premises or for delivery to such place and on such
terms as agreed between the Seller and the Buyer at the time the
order is placed.
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4.2
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All Goods, wherever possible, will be delivered within the
advised lead time of the order being placed and the Buyer shall
make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
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4.3 |
The Seller shall use its reasonable endeavours to meet any date
stated 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 arising directly or indirectly out of any failure to
meet any estimated delivery date.
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4.4 |
Some Goods may not be in stock at the time the order is placed.
In the event that the Seller is unable to deliver the Goods
within the time specified in Clause 4.2, the Seller will contact
the Buyer to advise of the situation and the Buyer shall be
entitled to cancel the order and receive a full refund or agree
a later delivery date.
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4.5
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Title and risk in the Goods shall pass to the Buyer upon
delivery of the Goods.
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5
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WARRANTY
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5.1 |
The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the Seller.
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6 |
CANCELLATION AND RETURNS
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6.1
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The Buyer shall inspect the Goods immediately upon receipt and
shall notify the Seller within 7 days of delivery if the Goods
are damaged or do not comply with any of the Contract.
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6.2
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Where a claim of defect or damage is made then it shall be the
responsibility of the Seller to collect faulty Goods if the
items are large, otherwise the Goods shall be returned by the
Buyer to the Seller and the Buyer shall be entitled to
replacement Goods or a full refund (including delivery costs, if
applicable) plus any return postal charges if the Goods are in
fact defective.
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6.3
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Goods to be returned must clearly show the order number obtained
from the Seller on the package.
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6.4
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Where returned Goods are found to be damaged due to the Buyer's
fault the Buyer will be liable for the cost of remedying such
damage.
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6.5 |
Where Goods are purchased via the
internet, by mail order or by phone or fax, the Buyer has the
right, in addition to any other rights, to cancel the Goods and
receive a refund by informing the Seller in writing or by email
within 7 working days of receipt of the Goods.
Goods must be returned at the
Buyer's cost and should be adequately insured during the return
journey. The Buyer shall receive a refund of all monies paid for
the Goods (including delivery charges, if any) except for return
postal charges within 30 days of cancellation.
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7
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GUARANTEES |
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7.1 |
In addition to the Buyer's statutory rights, the Seller
guarantees all Goods against faulty workmanship and materials
for a period of the 12 months from the date of delivery.
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8
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LIMITATION
OF LIABILITY
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8.1 |
Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury, however
the Seller shall not be liable for any direct loss or damage
suffered by the Buyer howsoever caused, as a result of any
negligence, breach of contract or otherwise in excess of the
price of the Goods.
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8.2 |
The Seller shall not be liable under any circumstances to the
Buyer or any third party for any indirect or consequential loss
of profit, consequential or other economic loss suffered by the
Buyer howsoever caused, as a result of any negligence, breach of
contract, misrepresentation or otherwise.
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9
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FORCE MAJEURE
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9.1 |
Neither
party shall 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 party shall be entitled to a reasonable extension of its
obligations.
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10
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SEVERANCE
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10.1 |
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.
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11
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GOVERNING LAW AND JURISDICTION
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11.1 |
These Terms and Conditions shall be
governed by and construed in accordance with the law of
Scotland and the parties hereby
submit to the exclusive jurisdiction of the Scottish courts.
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12 |
COPYRIGHT
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12.1 |
All materials on this website, unless
otherwise stated are the sole Copyright
©
Neil J. Dawson, Kingdom Images. Materials can be printed for
personal use only. Materials must not be copied, modified or
redistributed without prior written permission from Neil J.
Dawson (Email:
info@kingdomimages.co.uk).
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13 |
PRIVACY STATEMENT |
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13.1 |
Kingdom Images is committed to protecting your privacy and
maintaining the security of any personal information received
from you. We strictly adhere to the requirements of the
data protection legislation in the UK.
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13.2 |
The purpose of this statement is to explain to you what personal
information we collect and how we may use it.
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13.3 |
When you order, we need to know your name, address, email
address and payment details. This allows us to process and
fulfil your order. You have the option to withhold personal
information that is not required for the order process.
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13.4 |
We use your personal information to update you about new
products/services. We will only contact you with your
consent.
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13.5 |
We do not sell, rent or exchange your personal information with
any third party for commercial reasons, beyond the essential
requirement for credit/debit card validation during purchase.
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13.6 |
We follow strict security procedures in the storage and
disclosure of information which you have given us, to prevent
unauthorised access in accordance with the
UK data protection legislation.
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13.7 |
We do not collect sensitive information about you except when
you specifically knowingly provide it. In order to
maintain the accuracy of our database, you can check, update or
remove your personal details by sending an email to:
info@kingdomimages.co.uk.
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13.8 |
We use a technology called "cookies" as part of a normal
business procedure to track patterns of behaviour of visitors to
our site. A cookie is an element of data that our Website sends
to your browser which is then stored on your system. You can set
your browser to prevent this happening. Any information
collected in this way can be used to identify you unless you
change your browser settings.
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13.9 |
In order to process credit/debit card transactions, the bank or
card processing agency may require to verify your personal
details for authorisation outside the EEA (European Economic
Area). Your information will not be transferred outside
the EEA for any other purpose.
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13.10 |
If you have any questions about privacy please contact us by
sending an email to info@kingdomimages.co.uk.
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