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Terms and Conditions

FOR SALE OF GOODS

1. DEFINITIONS

In this document the following words shall have the following meanings:

  • "Buyer" means the organisation or person who buys or agrees to buy Goods from the Seller;
  • "Goods" means the articles to be supplied to the Buyer by the Seller;
  • “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
  • "Seller" means Julieta Boutique.
2. GENERAL
  • 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;
  • 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
  • The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing;
  • Seller requires payment in advance of delivery in relation to any Goods sold to Buyer before shipment;
  • If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
    • 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.
4. DESCRIPTION

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.

5. DELIVERY
  • Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery;
  • The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract;
  • 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.
6. RISK

Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises.

7. WARRANTY
  • Where the Goods are found to be defective, the Seller shall replace defective Goods free of charge within 1 month from the date of delivery, subject to the following conditions:
    • the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
    • the defect being due to the faulty design, materials or workmanship.
  • Any Goods to be replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller;
  • 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;
  • The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 9 and 10 below.
8. LIABILITY
  • 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:
    • the correspondence of the Goods with any description;
    • the quality of the Goods; or
    • the fitness of the Goods for any purpose whatsoever.
  • 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:
    • the correspondence of the Goods with any description;
    • the correspondence of the Goods with any description;
    • the fitness of the Goods for any purpose whatsoever.
  • 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 excluded to the fullest extent permitted by law.
9. LIMITATION OF LIABILITY

Where any court or arbitrator determines that any part of Clause 9 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.

10. 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.

11. 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.

12. WAIVER

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.

13. SEVERABILITY

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.

14. 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.

15. Third party rights

The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.