1.01. All products are sold and services supplied to the following terms & conditions which unless and to the extent otherwise expressly agreed in writing by our authorised representative shall prevail to the exclusion of all term and conditions put forward by the purchaser which shall be of no contractual effect whatsoever. The giving of any delivery instructions, the acceptance of or payment of any products or any other act conducted by the purchaser after receipt of this document which is consistent with the purchaser's confirmation of the relevant transaction shall constitute unqualified acceptance by the purchaser of the terms and conditions as specified herein.
1.02. Unless previously agreed in writing by our authorised representative no verbal, written or other addition hereto or variations or waiver here of shall be.
2. PRODUCT DESCRIPTION & SUITABILITY
2.01. We try to describe our products as accurately as possible within reasonable limits. However, we do not guarantee that our descriptions on this site are 100% accurate, complete, reliable, current or error-free.
2.02. Many of our beads are handmade and/or of natural materials. In such beads some colour and size variation, both from batch to batch and within any given batch, is inherent in the uniqueness of the bead. While the beads will be of similar quality as each other, they may not be identical either to each other or to the image.
2.03. All specifications, illustrations, drawings, particular, dimensions and performance and other criteria are intended merely to present a general idea of the products described and unless otherwise specifically agreed in writing by our representative do not constitute a warranty or representation that any products purchased will conform with any such specifications, illustrations, drawings, particulars or criteria.
2.04. The purchaser assumes responsibility that products stipulated by him are sufficient and suitable for his purposes and save insofar as specific mention thereof is made in any quotation or offer the purchaser shall not rely upon our skill or judgement as to whether the products are fit for any particular purpose or as to the manner in which the products shall be used irrespective of any advice which may have been given by us, our servants or agents in good faith
2.05. If a product is not as described, your sole remedy is to return it to us in unused condition (see Returns Policy below).
3.01. Prices are inclusive of Value Added Tax (see below).
3.02. These do not include shipping and handling and may change without notice. While we reserve the right to charge the prices prevailing at the time the order is sent to you, we will make every effort to maintain the prices at the time you compile your order, if these are lower. If prices have risen materially (10% or more) since you placed your order, you will have the opportunity to cancel or amend your order accordingly without penalty. Wholesale prices are not subject to any further discounts, except by special arrangement.
3.03. For all U.K. customers all prices whether wholesale or retail, include VAT, except on books and the catalogue, which are zero-rated.
3.04. Shipping and Handling charges attract VAT at the standard UK rate, unless the consignment consists solely of books and/or catalogues
3.05. Exports outside UK – VAT will not be charged on any orders for destinations outside the European Union. E.U. customers who provide a valid VAT number will be invoiced without VAT. Other E.U. customers must pay VAT at the rate prevailing in the U.K. at the time of despatch
4. ORDER & AGREEMENT
4.01. The purchaser's order must be accompanied by all information to enable us to proceed with the execution thereof
4.02. We are entitlted to refuse enquiries, assignments and orders. In this case, We will refund any amounts already paid by the Purchaser.
4.03. Information, images, notices given orally, over the telephone, in writing or by e-mail, and quotations in relation to all offers and the principal features of the products will be provided as accurately as possible. However, “We” do not guarantee that all offers and products will be fully in accordance with the information provided. Deviations are, in principle, not a ground for damages and/or termination
4.04. The purchaser shall not cancel an order which has been accepted by us without the written agreement of our authorised representative and if such agreement is given the purchaser shall pay to us such a sum as we shall consider reasonable in respect of work done and materials supplied or ordered. Cancellation will not be possible if the order involves products ordered, taken in production or already made especially for the Purchaser.
4.05. If there is any default or breach of any of the purchaser's obligations here under or if any distress, execution or other legal process shall be levied upon or issued out against the purchaser's property or if the purchaser shall make or offer to make any arrangement of compositions with its creditors or commit any act of bankruptcy or if any petition or receiving order shall be presented or made against the purchaser or any resolution or petition to wind up the purchaser shall be passed or presented, or if a receiver of all or any of the purchaser's assets shall be appointed, then (without prejudice to any other remedies we might have) in each and every such case We shall have the right at any time to suspend or determine the contract or any unfilled part thereof and to cancel any outstanding delivery and to stop any products in transit and, notwithstanding any other provisions, payment in respect of any delivery already made shall be immediately due.
5. OUT OF STOCK ITEMS
5.01. We try to be in stock of all featured items at all times. However, the nature of bead production and sourcing causes occasional and unpredictable shortages. We will ship partial orders, unless you instruct us otherwise. We do not back order unless mutually agreed. If we are out of stock of your chosen item(s) at the time of your order, please select an alternative. If we are out of stock of an ordered item at the time your order is despatched to you, please re-order it at a later date. Any payments already made in respect for non-deliverable order will be refunded.
6. INSTALMENTS & PART DELIVERIES
6.01. In the case of a contract for delivery of products by instalments every instalment shall be deemed to be the subject matter of a separate contract and, unless otherwise agreed in writing by our authorised representative failure in delivery of any one or more of the said instalments shall not, subject to the other provisions of these Conditions, entitle the purchaser to treat such failure as a repudiation of the whole contract.
6.02. Where an order is in respect of a number of products (whether the same or different) we reserve the right to deliver all or any reasonable number thereof as soon as they are completed at our works. Where the products are to be collected by the purchaser we shall notify the purchaser that all or any reasonable number of the products are ready for collection, and the purchaser shall accept such deliveries or make such collections and honour all demands for payment in respect thereof in accordance with the terms of payment set out herein.
7.01. We accept Visa, MasterCard, Solo, Delta & Maestro. We also accept cheques drawn in sterling on any U.K. branch of any bank, but, except for authorised customers, the goods will not be sent until the cheque has been cleared, a process which can take up to 10 days.
8. TERMS OF PAYMENT FOR CREDIT ACCOUNT HOLDER
8.01. The terms of payment (unless otherwise agreed in writing by our authorised representative) are for deliveries in United Kingdom: Payment in full within 30 days from date of invoice. Export Shipments: Net cash payable in full by bank Telegraphic Transmission or Credit Card as agreed.
8.02. Stipulations as to time of payments shall be deemed to be of the essence of the contract.
8.03. If the purchaser fails to make payment for any products supplied to him on the due date therefor as above provided, without prejudice to any other rights we may have we shall be entitled to charge in addition to any money due here under, interest on any amount so outstanding at the rate (as well after as before any judgement) upto 8 per cent per annum above the base lending rate at the time being calculated on a daily basis on the outstanding balance from the due date of the invoice to receipt by us of payment.
8.04. Default by the purchaser in making any payment on the due date therefor will also entitle us to refuse to make delivery of any further products (whether ordered under the same contract as that under which the default was made or not) without thereby incurring any liability whatsoever to the purchaser.
8.05. No deduction shall be made by the purchaser in respect of any set-off or counter-claim howsoever arising.
9. PASSING OF PROPERTY
9.01. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Purchaser until We have received in cash or cleared funds payment in full of the price including any taxes due for the Goods and all other goods agreed to be sold by Us to the Purchaser for which payment is then due
9.02. If payment of the total price is not made on the due date, We may require the products to be returned to us and if this requirement is not immediately complied with, We shall have the right (with or without prior notice) at any time to retake possession of the whole or any part of the product (and for that purpose to go upon any premises occupied by the purchaser) and sever the goods from anything they are attached to without being responsible for any damage caused) without prejudice to any of our other remedies
10. TRANSFER OF RISK & INSURANCE
The risk in the products shall pass to the purchaser as follows
10.01. Where products are to be delivered by us or our carrier to an address in the United Kingdom designated for delivery thereof by the purchaser the risk will pass when the goods have been so delivered
10.02. Where products are to be collected by the purchaser the risk will pass when the products have been loaded on to the transport of the purchaser or his carrier or, if the purchaser fails to collect within a period of fourteen days after we have given the purchaser written notice that the products are ready for delivery and collection, risk will pass at the expiry of such period.
11. SHIPPING/DESPATCH AND HANDLING
11.01. We are usually able to despatch orders within five working days of our receiving them. This may be longer during holiday periods or for large wholesale orders & semi-precious items.
11.02. Unless products are to be delivered by us or our carrier in accordance with the instructions of the purchaser delivery shall mean delivery ex-factory.
11.03. Unless otherwise specifically agreed in writing with the purchaser by our authorised representative, We are under no liability whatsoever to the purchaser for failure to meet any scheduled delivery date.
11.04. Where no date has been specified for delivery of any products the purchaser shall give us all necessary instructions and authorities and generally make all necessary arrangements so that delivery may take place within 7 days after We have notified the purchaser that the products are ready for delivery.
11.05. Without prejudice to any other rights which We may have in respect thereof if the purchaser refuses or neglects to take delivery of any of the products on the dates specified therefor, or, when no date has been specified for delivery or, without fault on our part delivery has not been made within 7 days after a notification to the purchaser under conditions 14.03 above, the purchaser shall pay our reasonable charges for storage of the products in question.
11.06. “We” have our registered office in the England. If delivery is to be made to another country, the Purchaser must make its own enquiries with regard to import regulations, duties and requirements in the country of destination. All duties, VAT on import and other financial and other consequences of import, will be at the expense of the Purchaser. The Purchaser will indemnify us against all claims on that account.
11.07. “We” will determine the method of shipment and packaging unless mutually agreed otherwise.
12. DAMAGE OR LOSS IN TRANSIT
12.01. Where the transport of products to be delivered to the purchaser is to be effected by us or our carrier the products must be examined by the purchaser on receipt and the purchaser must notify us promptly if such products are received in a damaged condition or they are not received on the due date for delivery thereof. Tthe purchaser will indemnify us against any loss suffered by us as a result of any such notification being received too late to enable us to claim against carrier or insurer in respect thereof within the time limits applicable thereof. A signature on receipt of the products to the effect that products have not been examined shall not relieve the purchaser of his liability under this condition.
12.02. Except for small value orders (£25 or less) sent by regular post, all shipments are insured. Claims for loss in transit and/or non-arrival must be made to us and to the carrier in writing within seven days of the expected delivery date. Claims for damage to any of the contents must be made in writing to us and to the carrier in writing within two days of receipt.
13. ACCEPTANCE OF GOODS
13.01. Unless within seven days from date of receipt (or such longer period as agreed in writing by our authorised representative) We are notified in writing to the contrary any products shall be deemed to have been accepted by the purchaser.
13.02. In the event of non-delivery or non-collection, because of the Purchaser’s failure to respond to the carrier’s card, note or telephone call, the Purchaser will be liable for the carrier’s charges for returning the order to us.
14. RETURNS POLICY
14.01. We do not accept returns of ear fittings, threads, wires, chains or semi-precious items
14.02. All goods may be returned to us provided that this is done (i) within 10 working days of your receiving them and (ii) the goods are in their original unopened packaging. A 15% restocking charge may be levied. Shipping and handling charges are not refundable.
14.03. Defective or incorrectly sent goods may be returned for exchange or full refund, provided that they are returned to us within 10 days of receipt and in their original unopened packaging Returns of any items after this date or in opened packaging will incur a 15% re-stocking charge.
15.01. Save for any manufacturer's warranty and/or wholesaler's warranty, goods are delivered without any warranty unless otherwise agreed in writing. The Purchaser will indemnify “We” against all claims of third parties due to warranties and/or information given by the Purchaser regarding the goods in deviation from the manufacturer's warranty and/or the wholesaler's warranty and/or information.
15.02. The aforementioned warranty provisions will apply only to use of the delivered goods in accordance with the intended use and the manuals and specifications given to the Purchaser.
15.03. Any warranty obligation will lapse:
- if any modifications, repairs or operations are effected in or on the delivered goods by or on behalf of the Purchaser;
- if the Purchaser uses the delivered goods for purposes other than their normal intended use;
- if the Purchaser has handled, treated and/or cared for the delivered goods in an improper or injudicious manner;
- if the defects were visible on delivery, but the Purchaser failed to communicate them to “us” in accordance with Article 10;
- in the event of normal wear and tear;
- in the event of damage by water, humidity, frost or contamination.
15.04. Applicability of the warranty will be at “Companies”'s discretion.
16.01. Save for any instance of intentional act or gross negligence, “We” will be liable to the extent that such liability is covered by its insurance up to the amount of the insurance taken out by “us” in the event of a benefit paid in the relevant case.
16.02. If in a particular case, the insurance does not pay damages, “our” liability will be limited to the invoice amount paid by the Purchaser for the goods involved in the case of damages.
16.03. If the Purchaser fails to provide timely assistance, information or enquiries that “We” deems necessary or useful to execute the deliveries, the Purchaser can never lay claim to any damages or any other rights due to a failure in performance of the agreement by “us”.
16.04. “We” will not be liable for technically unavoidable deviations in quality, quantity, colours, measurements, finishing, etc. that are allowable in the sector, and those deviations do not grant the Purchaser any right to reject the goods.
16.05. “We” will never be liable for any consequential loss, including loss of profits, losses incurred, costs incurred, loss of savings, loss of data and loss due to business interruption.
16.06. “We” will not be liable for any loss due to intentional acts or gross negligence of our employees and/or others.
16.07. “We” will stipulate all statutory and contractual defences that We can invoke in respect of our own liability against the Purchaser, also for our employees and others for whose conduct it could be held liable under the law.
17. SITE SECURITY
www.beadworks.co.uk and www.beadshop.co.uk are secure e-commerce.
18. SITE ACCESS
18.01. We grant you a limited licence to access and make personal use of this site. You must not download (other than printed pages for personal reference) or make commercial use of or modify it, or any part of it, except with our express written permission. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of beadworks.co.uk and beadshop.co.uk, so long as the link does not portray Beadworks, its affiliates, or their products or services in a false, derogatory or otherwise offensive manner.
19.01. By creating a password, you protect your information from unauthorised access. If you use this site, you are responsible for maintaining the confidentiality of both your account information and your password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
20. OUR PRIVACY PLEDGE
20.01. It is our policy to respect your internet privacy. We do not sell its customer lists to any third party organisations.
21. E-MAIL COMMUNICATION
21.01. When visiting Beadworks.co.uk or beadshop.co.uk or sending emails to us, you are communicating with us electronically and you consent to receive communications from us electronically.
22. TRADEMARKS & COPYRIGHTS
22.01. “Beadworks®” is a trade name of Beadworks UK Ltd. It may be used in the U.K. solely by our authorised licensees. Any unauthorised use of this trademark is subject to the full force of trademark infringement laws and penalties. Kindly note that the placement of any words before and/or after our trademark does not mitigate the infringement.
23. BEAD DESIGN COPYRIGHT
23.01. Many of our beads are original contemporary designs and are subject to copyright law. Our original bead designs are copyright by both us and by the respective makers. Copies of any such copyright-protected beads may not be made for commercial use without permission. If you are thinking of copying a bead design from our published range, please contact us to enquire about the copyright status. We will be happy to inform you whether that particular design is copyright-protected or has passed into the public domain.
24. WEBSITE COPYRIGHT
24.01. All images and text on our website are copyright. They may not be reproduced for commercial use without our express permission. We grant you a limited one-time right to print our web pages for personal reference. The compilation of all content on this site is our exclusive property and is protected by copyright law. All software on this site is our property or our suppliers and is protected by copyright law.
25. INTELLECTUAL PROPERTY
25.01. We shall retain the exclusive property and reserve the copyright in all documents supplied or produced to the purchaser in connection with any contract or tender and it shall be a condition of such documents or any part thereof shall not be communicated either directly or indirectly to any other person, firm or company without our prior written consent.
25.02. All intellectual and/or industrial property rights, including copyrights, design rights, patents, trade mark rights and/or any other rights to goods manufactured and made available by “us” pursuant to the agreement will vest exclusively with “us”, our supplier or other proprietors. The goods made available to the Purchaser may not be reproduced and/or published, wholly or partly, in any manner whatsoever without express prior permission in writing from “us”.
25.03. FORCE MAJEURE
25.04. All reasonable efforts will be made to carry out any contract which these conditions apply but if we are prevented (directly or indirectly) from making delivery of the products, or performing or completing any of our obligations here under by reason of acts of God, war, strikes, trade disputes, or other industrial action, fire, droughts, floods, explosions, breakdowns, interruption of transport, refusal of licence, Government or administrative action, delays in delivery to us or increase in the price of any goods or materials, any statute rule regulation order requisition recommendation or directive of any Government agency or other authority or any other body of competent judicial authority, or any other cause whatsoever (whether or not of the like nature to those specified above), which shall reasonably be considered to be outside our control, we shall be under no liability whatsoever to the purchaser, and shall be entitled at our option (to be notified to the purchaser in writing by our authorised representative) either to cancel the contract (whereupon we shall be relieved of all liabilities here under) or to extend the time of its performance by a period equivalent to that during which performance by us has been prevented by the circumstances herein before referred to.
26. DISCLAIMER, JURISDICTION & MODIFICATION
26.01. We make no representations or warranties concerning the operation of this site, nor the content, materials or products displayed on it. Use of this site is at your sole risk.
We do not warrant that e-mail or other communications from this site are free of viruses or other harmful components and we will not be liable for any damages of any kind arising from use of this site.
By visiting www.beadworks.co.uk or www.beadshop.co.uk you agree that the laws of Great Britain, without regard to principles of conflict of laws, will govern both these Terms and Conditions and any dispute of any sort which might arise between you and us concerning the use of this site.
We reserve the right to make any changes without notice, to our website, policies and these Terms and Conditions at any time.
27.01. Any notice required or authorised to be given here under may be given either personally or by post addressed to such other part at its address furnished to the other by written notice and shall be deemed to have been served 48 hours after the same is posted and proof that the envelope containing the notice was properly addressed and sent by prepaid post shall be sufficient evidence of service.
28. LEGAL CONSTRUCTION
28.01. The contract shall in all respects be construed and operate as an English contract and in conformity with English law and unless otherwise agreed in writing products shall not be required to comply with the provisions of any other law. The purchaser agrees to submit to the non-exclusive jurisdiction of the English Court.
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