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Definitions
1.1 “The Company” means Epping Studio Galleries Fine Art Ltd also
trading as Armchair Gallery.
1.2 “The Buyer” means the individual or individuals or
un-incorporated or incorporated body (including subsidiary or
associated company as defined in the Companies Act 1985) with whom
the company contracts to supply goods subject to these conditions.
1.3 “The Goods” means the products agreed to be supplied or actually
supplied to the Buyer subject to these conditions.
1.4 “The Contract” means the contract made between the Company and
the Buyer subject to these conditions.
1.5 Where the context so admits the singular includes the plural and
the masculine gender includes the feminine gender and neuter
genders.
Prevalence
1.6 These conditions shall prevail over and supersede any
inconsistent terms or conditions in or referred to in the Buyer’s
order or any other correspondence or elsewhere. The Buyer hereby
agrees to be bound by these conditions and no addition to or
variation or exclusion (including by any statements contained in any
brochure, catalogue or other documents) of any terms herein shall be
effective unless agreed in writing and signed by a director of the
Company.
Payment
1.7 Accounts are due and become payable 30 days from the date of the
Company’s invoice, unless the Company varies this in accordance with
Clause 2 above.
1.8 Interest on overdue accounts will be claimed under the Late
Payments of Commercial Debts (interest) Act 1998.
1.9 Claims for shortage or non-delivery must be made to the Company
in writing within five days of delivery or notified date of
delivery, otherwise the delivery will be taken to be complete.
1.10 The Company reserves the right to use a credit reference agency
to assess the creditworthiness of the existing or potential Buyer
and to keep such data, to which the Buyer gives his consent under
the provisions of the Data Protection Act by entering into the
contract.
1.11 Should the Company use an outside collection agency or
solicitors to collect any sums due of whatever amount, the Buyer
agrees to pay all court costs and solicitors fees regardless of
whether such are recoverable under the Civil Practice Rules.
1.12 Should the Buyer fail to make payment when due under any
contract, the Company shall have the right in addition to any other
remedy forthwith to suspend all further deliveries and to withdraw
any credit facility afforded to the Buyer by the Company.
Delivery
1.13 Buyer’s orders may not be cancelled or amended unless
instructions to do so are relieved in writing by the Company prior
to shipment.
1.14 The Goods are supplied on a firm sale basis. The Company does
not operate a sale or return or an exchange or return policy.
1.15 The Company shall not be responsible for any failure to deliver
the Goods by a particular date or for any consequential loss
sustained by the Buyer as a result of such failure.
Title
1.16 Risk in the Goods shall pass to the Buyer on delivery.
1.17 Title to the Goods and any display materials remains with the
Company until payment in full for the same has been received. In the
event of payment by cheque, payment received is not effected until
the cheque has been honoured and funds applied to the Company’s bank
account.
1.18 The Buyer shall exercise all reasonable care over the goods and
insure them against loss or damage at least until title has
transferred to the Buyer.
Bankruptcy and Liquidation
1.19 Without prejudice to any other remedy the Company may have
against the Buyer, the Company shall at any time have their right to
cancel or terminate any of its obligations to the Buyer if the Buyer
being an individual shall become bankrupt, or suffers any similar
action as a result of the Buyers inability to pay its debts as and
when they fall due, or if the Buyer being a company goes into
liquidation or administration or has a receiver appointed over its
or any part of its business or assets or makes any arrangements with
its creditors or the Company has reasonable grounds to suspect the
Buyer will be unable to pay for the Goods.
Limitation of Liability
1.20 The Company shall not be liable under any circumstances for any
loss, loss of anticipated profit, expense, damage, delay, costs or
compensation (whether direct, indirect or consequential) which may
be suffered or incurred by the Buyer arising from or in any way
connected with the Company as a result of or incidental to the
performance or non-performance of the contract. For the avoidance of
doubt, the Company does not exclude liability for death or personal
injury arising from its own negligence.
1.21 The Company gives no indemnity to the Buyer in respect of
claims against the Buyer by third parties and the Buyer agrees not
to seek contribution from the Company in respect of such claims.
1.22 Time shall not be of the essence in respect of deliveries.
Law
1.1 These terms are governed by the Law of England and Wales and are
subject to the exclusive jurisdiction of the English Courts. The
Buyer agrees to commence any proceedings in the Essex County Court
(unless that Court does not have jurisdiction having regard to the
type or quantity of relief sought) or shall consent in writing to
any action commenced in any different Court (if the Company so
requests it in writing), being transferred to the Essex County
Court.
General
1.1 Due to the nature of the Internet and the differences in
displays on different monitors, there may be some slight differences
in colours between the images viewed on our website and the images
delivered.
1.2 Sizes are given to the nearest centimetre.
For more information, please
contact us.
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