Terms and Conditions
Terminology (as applicable shall mean in the singular and the plural as applicable)
- The “Seller” means Perceval Designs, Brickhouse Farm, Bury Road, Hitcham, Suffolk, IP7 7PX, “we”, “us”, or “our”.
- The “Buyer” and “User” means the person or organisation or other legal entity to which the “Seller” contracts.
- “Terms and Conditions of Sale” means these “Terms” as laid out in this document or as mentioned elsewhere or as published on the Site.
- “Property” means items or objects offered for sale owned by the “Seller”, being sold by the “Seller”.
- “Sale Agreement” means a Contract between the Seller and the Buyer.
Terms & conditions of sale policy
- These Terms apply to the sale of every item of Property as presented by the Seller for purchase by the Buyer.
- By transacting with the Seller, you agree to each and all of the terms and conditions.
- These Terms constitute the entire agreement of the parties with respect to the subject matter hereof (the "Agreement") and supersede and cancel all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
This Agreement creates a legal contract between each Buyer and the Seller.
The Seller may amend these Terms at any time by posting the amended Terms on its web page (the site). All amended Terms shall automatically and be immediately effective when posted on the Site.
Each item of Property offered for sale on the Site is sold subject to the representations and warranties set out below.
The Seller represents and warrants for the benefit of the Buyer that:
- the Seller has the exclusive right to post the Property for sale on his own account;
- the Property is at the time of posting on the Site, and through and including its sale will be kept, free of all liens, claims and encumbrances of others, including, but not limited to, claims of governments or governmental agencies;
- good title and right to possession to the Property will pass to the Buyer on receipt of cleared funds.
- the Seller has no reason to believe that the Property is inauthentic or counterfeit;
- if applicable, the Property has been lawfully imported into the jurisdiction in which it is currently located, and has been lawfully and permanently exported as required by the laws of any country (including any laws or regulations applicable in the European Union) in which it was located previously;
- if applicable, accurate and proper declarations upon any previous export and import of the Property have been made and any required duties and taxes on such export and import of the item have been paid;
- if the Buyer is located in a country other than that where the Seller is located, the Property will be exported by Seller in compliance with all applicable rules and regulations; and
- the Seller has no reason to suspect or believe the Property item was purchased with proceeds of criminal activity.
Packing & shipping
- Unless otherwise agreed between the Buyer and Seller, the Seller will arrange on behalf of the Buyer, the packing and handling of the purchased Property by a carrier and/or packer of Seller's choosing, and will insure the item against loss or damage in an amount no less than the agreed price of the property.
- The Buyer will bear the cost of all shipping, sales or use taxes, VAT, GST, TVA, and any import-export taxes, duties or fees, and other applicable transactional taxes or fees.
- If the Seller is prevented by fire, theft, or any other reason outside the reasonable control of Seller from delivering any Property to the Buyer, the Seller's liability shall be limited to refunding the amount received by Seller for the Property, and shall in no event include any incidental or consequential damages.
- The Seller is obligated to pack items safely and securely or to arrange for the shipper to pack the items.
- If the item arrives damaged, the Buyer should retain all shipping materials and take photographs of the damaged item.
- The Buyer should ensure that if Property has been unpacked by any customs or government agency any official tape used to reseal the shipment should be retained with all packing in the event of a claim against that government agency.
- If the Seller packed the item the Seller is responsible for any damage caused by negligent packing only.
- The Buyer should ensure that any hanging hooks/hanging brackets on the backs of items are safe before hanging any item. The Seller will take no responsibility for any damages caused as a result of a hook/hanging bracket giving way.
- The Seller agrees to cancel any sale and return all proceeds of a sale so long as the Buyer in writing within seven working days of receipt of the item informs the Seller of the decision to cancel. Where an item is made to the buyers specification and that order is subsiquently cancelled (within seven working days of receipt of item) and or the goods are returned, then in these circumstances the seller will retain the initial deposit at the time of the order.
- The foregoing rights of cancellation are available to the original Buyer only and may not be assigned to or relied upon by any subsequent transferee of the Property sold. The cost of returning the item will be the buyers responsibility and the property must be in the same condition it was received.
- The Buyer will resolve any dispute directly with the Seller and not by:-
- the Buyer attempting to revoke a charge to his or her credit card
- the Buyer attempting to exercise any other rights with respect to consumer credit transactions to obtain a refund, or
- the Buyer attempting to recall a wire transfer or other form of payment.
- Any Contract made between the Seller and the Buyer for the supply of Property shall only be subject to these Terms.
- Title shall not pass or pass on until the Property has been paid for in cleared funds.
- The date advised for delivery or completion of the Contract shall be extended by a reasonable time if performance of any Contract is delayed by reason of any cause whatsoever beyond the Seller's reasonable control including but not limited to war hostilities (declared or not), riot, civil commotion, strikes, lockouts, labour disputes, epidemics, fire, accidents, breakdown, traffic congestion, prior commitments or other obligations, late or non-delivery by a contracted carrier or other reason.
Shortage, damage or loss
- All packing material, customs seals and any evidence of damage (photographic) is to be retained by the Buyer for possible examination by the carrier to substantiate a claim.
- Where Property is supplied direct to a Buyer's contract site or carried at the Buyer's risk the Buyer shall be totally responsible for any shortage, damage or loss to all or any part of the Property unless such shortage, damage or loss is proved to have been caused solely by the Seller.
- Where Property is subject to export or import customs examination or any restriction or any damage or delay or confiscation to packaging and contents will be at the Buyer's risk.
- The Seller will use its best endeavours to pack and despatch Property on the agreed or revised date but such a date is intended as an estimate only and the Seller shall not be liable to make good any damage or loss of any kind arising from any delay.
- Where Property is supplied, notwithstanding delivery, Title to use the Property shall not pass to the Buyer until full payment has been received and credited to the Seller's account notwithstanding that all risks shall pass to the Buyer at the time of delivery.
Prices and Payment
- All payments must be made in British Pounds.
- All sales must be paid for in full prior to shipment.
- Due to the specialist nature of the Seller's Property credit facilities will not be granted to any Buyer.
- All Property will be packed in standard packaging suitable for Air freight or Ground transportation.
- The Buyer shall immediately pay the Total Purchase Price plus any applicable fees. Payment must be made in a manner acceptable to the Seller. Payment will not be deemed to have been made, and shipment will not be initiated, until the Seller has collected good funds from the Buyer.
- If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer (including without limitation a Buyer's failure to pay for a purchase in good funds within seven days after the Seller has communicated or as applicable the amount of the Total Purchase Price as well as any other costs and applicable fees), in addition to other remedies available to the Seller by law, including without limitation the right to hold the Buyer liable for the Total Purchase Price, the Seller may, at its option, cancel the sale and re-offer the Property on the Site or sell it privately.
- In addition, the Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, late charges of 3.5% per month (or the highest rate allowed under applicable law, whichever is lower), commissions, and any reasonable legal fees and expenses. Further, either the Seller at its sole discretion, may deactivate a Buyer's account for failure to pay or other breaches of the Agreement.
Severability & non-waiver
- If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions.
- The Seller's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbear from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of the Seller right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance.
- Any waiver of any provision of this Agreement by the Seller must be made in writing and signed by an authorized representative of the Seller, specifically referencing this Agreement and the provision to be waived.
- The Terms will be governed by and construed in accordance with the laws of the England and Wales without giving effect to its conflict of laws provisions or the Buyers country of residence and by using this Site you consent to the exclusive jurisdiction of the English Courts.
- The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- If any provision of this Agreement or Contract shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Headings used in these Terms are for convenience only and are not to be relied upon.