These terms and conditions set out the basis on which you can use our website and place orders for items from us. By using this site and placing an order, you are agreeing to the our terms and conditions. Please read them carefully.
Tropik Home, Unit 3 Sheddingdean Bussiness Centre, Marchants Way, Burgess Hill RH15 8QY
Terms and Conditions for Consumers and Non-Account Holders.
Introduction
We provide various goods for purchase from our website. If you have an account with us these terms and conditions do not apply, please refer to the Terms and Conditions for Businesses. If you do not have an account with us and would like to open one please contact us using the contact details which can be found on the home page of this website. These terms and conditions govern your purchase of the goods. Your attention is drawn in particular to clause 5 “Liability”.
The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
Price
The prices payable for the Goods that you order are as set out in our website , they are inclusive of VAT(if appicable) and during checkout a detailed breakdown of the vat is shown
You may be required to pay extra for delivery and it may not be possible for us to deliver to some locations (see delivery information). Our delivery charges are set out in our website and will be displayed prior to submitting your order.
Right to Cancel
You may cancel your order with us for the Goods you order and if this is done before we dispatch the goods we will fully refund and cancel your order. If however you decide to cancel after we have dispatched the good/s you will need to retunr the items for refund and you will be responsible for return postage cost.
Once you have notified us that you are canceling your order , any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.
Cancellation by us
We reserve the right to cancel the contract between us if:
We have insufficient stock to deliver the goods you have ordered;
We do not deliver to your area; or
One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your order we will notify you by email and will re-credit to your account any sum deducted by us form your credit card as soon as possible (usually 24 hours). We will not be obliged to offer any additional compensation for disappointment suffered.
Delivery of the Goods to you
We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your order.
Delivery will be made as soon as possible after your order is accepted. Normally within two working days.
You will become the owner of the Goods you have ordered when they have been delivered to you. Once Goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Liability
If the goods we deliver are not what you ordered or are damaged or defective or if the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
to make good any shortage or non-delivery;
to replace or repair any Goods that are damaged or defective; or
to refund to you the amount paid by you for the Goods in question in whichever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than refund to you the amount paid by you for the Goods in question under clause 5 above.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited to you by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
Notwithstanding the foregoing nothing in these terms and conditions is intended to limit any rights you have as a consumer and applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address which can be found on the home page of this website and all notices from us to you will be displayed on our website from time to time.
Events Beyond our Control
We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceablility of any other part of these conditions will not be affected.
Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy.
Third Party Rights
A person who is not a party to this Agreement has no rights under the UK Contracts (Rights of Third Parties) at 1999 to enforce any term of this Agreement this does not affect any right or remedy of a third party that exists or is available apart from that.
Governing Law
The contract between us shall be governed by and interpreted in accordance with English Law and the English Court shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and conditions together with our current website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Waiver
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision
Assignment
The Buyer shall not assign any benefit under these Conditions without the Seller’s written consent.
Terms and Conditions for Account Holders
Introduction
We provide various goods for purchase from our website. These terms and conditions govern your purchase of goods if you are a business with an account with us. Your attention is drawn to the following clauses in particular which exclude or limit our liability:-
6(b), 6(e), 12(c), 13(b), 13(c), 13(e), 13(f), 13(g), 13(h), 13(k).
Businesses
These terms and conditions apply to commercial enterprises only.
You represent to us that all purchases made by you through our site will be made for purposes integral to your business and will be within the scope of your authority to conclude contracts on behalf of your business.
Definitions
The following terms have the following meanings in these Terms and Conditions;
(a) “Buyer” the person(s), firm or company (as designated on your account application form
and/or headed notepaper) who purchases the Goods. “You and “your” refers to the Buyer
(b) “Conditions” — the standard terms and conditions of sale set out in this document.
(c) “Contract” any contract between the Seller and the Buyer for the sale and purchase of the Goods incorporating these Conditions
(d) “Goods” – the goods (including any installment of the goods or any part thereof) supplied by the Seller under these Conditions.
(e) “Seller” – “Us”, “we” and “our” refer to the Seller
(f) “Writing” – includes telex cable facsimile transmission and comparable means of communication but excludes any electronic form of communication.
In these Conditions, references to any statute or statutory provision shall be construed as a reference to that statute or statutory provision as modified, consolidated or re-enacted for the time being in force or to any statute or provision of which the statute or provision is a consolidation or modification and such reference shall include all statutory instruments or orders made pursuant to that statute or provision. The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of the Sale
(a) The Seller shall sell and the Buyer shall buy in accordance with these Conditions excluding all other terms and conditions save those implied automatically by statute.
(b) The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing so that in entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed. Nothing in this clause will exclude or limit the Seller’s ability for fraudulent misrepresentation.
Any advice given or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Orders
This website enables the Buyer to:-
place an order for Goods and pay at a later date upon receipt of an invoice from the Seller; or place an order for Goods and pay for the Goods at the same time as the order is submitted
If the Buyer is simply placing an order in accordance with condition 5 (a) (i) above, the Buyer must first have the Seller’s permission
(b) Each order for Goods placed by the Buyer from the Seller through this website shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions. No order placed by the Buyer shall be deemed to be accepted by the Seller until the Seller delivers the Goods to the Buyer.
(c) The Buyer shall be responsible for ensuring the accuracy of the quantity and description of the Goods as specified in the order.
(d) All descriptions and illustrations and advertisements on this website are intended merely to present a general idea of the Goods described therein and nothing contained in any of them shall form any part of the Contract.
Delivery
(a) Unless otherwise agreed prior to placing the order in writing by the Seller, delivery of the Goods shall take place at the Buyer’s place of business or at the address submitted by the Buyer at the time the order is submitted.
The Seller will endeavour to deliver the Goods within a reasonable time , but will not be liable for any loss or damage caused by delay in the delivery of the Goods, nor will any such delay entitle the Buyer to cancel or rescind this Contract.
(c) Where the seller has agreed in advance to deliver the Goods by installments and where the Goods are delivered by installments, each delivery shall constitute a separate contract and failure by the Seller to deliver on time shall not entitle the Buyer to treat the Contract as a whole as repudiated.
(d) Should the Seller be prevented or hindered in delivering the Goods by any reason of war riot explosion fire flood strike lock-out shortage of materials or labour or any cause beyond the Seller’s control the time for delivery shall be extended by a period equal to that during which the cause preventing or hindering delivery exists SAVE THAT the Buyer shall take and pay for any part of the Goods as the Seller shall be able to deliver in accordance with these Conditions.
(e) If the Seller fails to deliver the Goods for any reason other than in accordance with (d) above or as a result of the Buyer’s fault, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods
(f) No claim for damage to the Goods or shortages will be considered unless the Seller is notified
immediately by telephone and subsequently in writing at their Head Office within three days of delivery, otherwise any claim by the Buyer will be deemed to have been waived.
(g) All goods received and signed for on the delivery note are deemed to have been examined, checked and acknowledged as being correct in every detail. You are considered to have given authority to accept a delivery on your behalf to any person who actually accepts delivery at the delivery address
(h) The Seller reserves the right to charge additional carriage on specified deliveries where they may fall outside the normal delivery area or fall below a previously agreed value level.
(i) You are obliged to provide adequate labour and facilities at the delivery address to unload or load the Goods without undue delay. We will require compensation for any loss we suffer arising from delivery or collection or non-delivery or non-collection of the Goods if it is subsequently proven that the said loss is not a result of our action.
Insurance
All goods left on hire, or approval with the customer/prospective customer will automatically be deemed to be covered by the Buyer’s insurance policy and at the Buyer’s risk or at risk of the intended customer as soon as they are delivered by the Seller.
Retention of Title
Where payment for the Goods is not made in full at the time the order is submitted by the Buyer:-
(a) Notwithstanding delivery of the Goods title to the Goods will not pass to the Buyer until the price for the Goods and all other sums due under this Conditions have been paid in full.
(b) If the Goods are sold to a third party before payment has been made to the Seller the proceeds shall be held by the Buyer on trust for the Seller pending payment.
(c) The Goods must be fully insured stored separately and clearly identified as the Seller’s property until payment
(d) The Seller may at any time after the price for the Goods or any other sum has become due from
the Buyer under this Contract rescind this Contract and recover the Goods. The Buyer hereby gives its authority for the Seller to enter onto the Buyer’s premises for that purpose.
Risk and Property
(a) The risk of damage to or loss of the Goods will pass to the Buyer:-
(i) in the case of Goods to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer in writing that the Goods are available for collection (please note that this is only possible if agreed in advance (prior to submitting the order) by the seller); or
(ii)in the case of Goods to be delivered otherwise than at the Seller’s premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods the time when the Seller has tendered delivery of the Goods.
Price
Subject to clause 11(d) below, the price of the Goods will be the price shown on this website. All prices are shown exclusive of any applicable VAT which the Buyer shall be additionally liable to pay to the Seller.
(b) The Seller reserves the right to increase the price of the Goods at any time before delivery to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller or any change in the delivery dates quantities or specifications for the Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
(c) The Buyer may be required to pay extra for delivery of the Goods. Our delivery charges are set in our website and will be displayed prior to submitting your order.
Payment
The Buyer can pay for the Goods either:-
(a) By entering either the Buyer’s paypal account or the Buyer’s credit card details at the time an order is submitted by the Buyer; or if agreed in advance with the Seller, upon receipt of an invoice from the Seller. If the Buyer chooses to pay upon receipt of an invoice from the Seller:-
The Seller shall be entitled to invoice the Buyer on or at any time after delivery of the Goods to the Buyer.
The time for payment will be agreed in advance with the Seller
The time for payment shall be of the essence
(c) If the Buyer chooses to pay upon receipt of an invoice from the Seller and the Buyer fails to make any payment on the agreed date for payment then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
(i) cancel the Contract or suspend any further deliveries to the Buyer;
(ii) immediate payment of all payments outstanding in respect of Goods supplied under the Contract and all other Goods under any other contract;
(iii) appropriate any payment made by the Buyer for such of the Goods as the Seller may think fit;
Seven piece dining set, table runner and 6 place-mats in gingham blue
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£16.40 (incl. VAT)1 × £16.40