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Please read these conditions carefully before purchasing products from us.
Wholesale Mansion ("the Company")
Terms and Conditions
This Website is owned by Wholesale Mansion.
Upon purchase of any Product(s) from us, you "the Buyer" agrees to the following:
General
1. Unless otherwise agreed in writing by the Company, the following conditions shall be incorporated into all contracts for the sale of Product(s) by the Company, and shall take precedence over any other Terms and Conditions. These Terms and Conditions may be varied by the Company in relation to future sales from time to time by publishing new Terms and Conditions on the Website.
2. These conditions shall be construed in accordance with English Law, and the parties agree that this contract shall be subject to the exclusive jurisdiction of the English Courts.
Purchase
3. The placing of a Product on the Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged or other form of payment taken). The Company will send an order acknowledgement by email to the Buyer for a Product at the time an order is placed. The Company will then notify the Buyer within 7 days of such email whether the order has been accepted. Product images on this Website are for illustrative purposes only and may differ from the actual product.
Pricing
4. The price is that appertaining at the date of acceptance of order by the Company, and is subject to variation without notice arising from any circumstances beyond the Company’s reasonable control (including where appropriate but not limited to adverse movements in the rate of exchange, increased costs of transportation or of insuring the Product(s) in transit, or the imposition of additional taxes or duties in relation to the importation of the relevant Product(s)). In such case, the Company may increase the price of the Product(s) to compensate it for such additional costs. These increases, if existing, shall be notified by email to the Buyer prior to Product(s) shipping.
5. In the event that a Product is listed at an incorrect price due to an error, the Buyer will be notified within 14 days of accepting the order with the correct price. The Buyer will be given a choice of either purchasing the Product at the correct price or cancelling the order. If payment has been taken for the Product(s) and the Buyer wishes to cancel the order, the Company will, on return of the Product (if the Product has been sent out), issue a refund within 7 days of such return or notice of cancellation (where no Product has been sent out). If only some of the Product(s) the Buyer has ordered are incorrectly priced that will not affect the order in relation to any Products which were priced correctly and these Product(s) will be delivered in accordance with these Terms.
6. Unless otherwise stated the price stated, the Product(s) listed on this website shall be exclusive of value added tax or other relevant purchase tax.
Delivery
7. The Company shall use reasonable endeavours to comply with any agreed or estimated delivery dates for Product(s) and shall not be liable for any delay. The Product(s) will be delivered to the address given by the Buyer upon placing the order however the Company reserves the Right not to make deliveries outside the United Kingdom without prior contact by the Buyer.
8. In the event of the Buyer refusing to accept delivery of all or part of the Product(s) the Company may at its absolute discretion re-sell the Product(s) and charge the Buyer with any shortfall, together with any other costs and expenses incurred by the Buyer as a result of the rejection of the Product(s).
9. Time for delivery of the Product(s) shall not be of the essence of the contract and unless time has been specifically been made of the essence by the Buyer by notice in writing to the Company of at least 28 days duration, late delivery shall not entitle the Buyer refuse to accept delivery of the whole or any part of the Product(s).
Ownership
10. The risk in the Product(s) shall pass from the Company to the Buyer upon delivery and the Product(s) shall be deemed delivered when unloaded or left at the Buyer\’s premises whether or not signed for, and the Company shall not be responsible if the Product(s) are lost or damaged after the delivery to the Buyer.
11. Ownership of the Product(s) shall remain with the Company until the Product(s) have been paid for in full. If the Buyer sells the Product(s) before payment of the price has been made to the Company, the Buyer will hold the proceeds of such sale and any rights against third parties arising from such sale upon trust for the Company.
Returns
12. The Buyer agrees that the Company shall not be responsible for any defects in relation to the Product(s), unless notice in writing of such defects shall be given by the Buyer to the Company in writing within 14 days after the date of delivery of said Product(s) to the Buyer. All Product(s) to be returned must be received by the Company in original new condition including all original packaging. After the 14 day period, the Product(s) will have been deemed to be sold and not returnable.
13. The Buyer acknowledges that it is the business of the Company to sell Product(s) at low prices, and in consideration of this agrees;-
a) that the Company shall be entitled (at its option) to repair or replace any defective Product(s) or to refund the purchase price of any defective Product(s) (and in such cases the Company shall be entitled of the return of the Product(s) in question, and to retain the Product(s) in the latter 2 cases), and
b) that the Company shall not be responsible for any loss of profits or other indirect or consequential loss suffered by the Buyer as a result of any defects to which the Product(s) may be subject and/or as a result of late delivery or other breach of contract on the part of the Company, and that the liability of the Company in respect of defective Product(s) shall be (at its option) to repair or replace the Product(s) or to refund the price of such Product(s).
The Buyer further agrees that each of the above sub-clauses shall be independent and severable from each other, and if any clause shall be unenforceable in law, this shall not affect the enforceability of the remaining clause.
14. Any Products that the Buyer returns are returned at their own risk and the Buyer is strongly advised to take reasonable care when returning any Products to us by ensuring the Product(s) are correctly addressed, adequately packed and carried by a reputable carrier. If the Buyer opts to exchange the Products, any additional payments required will be taken from the Buyer using the same payment method used for the original purchase. Replacement Product(s) will not be despatched until such payment has been received and cleared.
Payment
15. Payment for Product(s) shall be made and cleared in full before delivery. They can be made by credit or debit card, by BACS transfer or by cheque. No Product(s) will be despatched until the Company receives full cleared funds. Any legal costs incurred by the Company in obtaining payment shall also be payable by the Buyer.
16. The prices for the Product(s) and delivery are as set out on the Website at the time of purchase. In addition to the price, the Buyer may be required to pay a delivery charge for the Product(s) displayed on our Website.
Limitation of Our Liability
17. The Company shall be entitled (but not obliged) by written notice to the Buyer to terminate the contract (together with any other contract which it may have with the Buyer for delivery of other Product(s)) on the occurrence of any one or more of the following:
a) bankruptcy winding up or other insolvency proceedings being issued in relation to the Buyer, and b) a bankruptcy, winding up or an administration order being made by a Court of competent jurisdiction in relation to the Buyer, and c) an administrator, receiver or administrative receiver being appointed in relation to the Buyer or in respect of any property of the Buyer, and d) the Buyer making or proposing to make an arrangement with it’s creditors
18. Whilst the Company has taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis, the Company gives no warranty and makes no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
19. Access to and use of this Website is at the Buyers own risk. The Company does not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. The Company does not accept any liability for viruses and recommends that all appropriate safeguards are taken before downloading information or images from the Website.
20. The company’s aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased on our Website or in connection with use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to the Buyer under these Terms and Conditions.
21. If the Product(s) are sold or custom manufactured by sample or drawing the Buyer shall accept minor variations and shall only be entitled to refuse to accept the whole or any part of the Product(s) if the difference is such as to render the Product(s) unfit for the purpose for which they were sold.
22. The Company shall have no liability in respect of any shortages which are not notified to the Company in writing by the Buyer within 14 days from the date of delivery of the Product(s).
23. The Company reserves the right not to display exact stock levels and any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery the Company will notify the Buyer within 14 days of acceptance of the order and give the choice of cancelling the order and receiving a refund or of purchasing an alternative product. The Company shall have no liability in respect of stock depletion and the inability to fulfil a Buyers order.
Intellectual Property
24. All Website, design, text and graphics belong to the Company including all copyright, trade marks and other intellectual property. The Website cannot be used in any way that may infringe the intellectual property rights contained.
Privacy
25. The Company is committed to protecting the Buyers privacy. The Company will only use the information collected from the Buyer lawfully (in accordance with the Data Protection Act 1998). Buyer’s information is collected for two reasons: firstly, to process the order and secondly, to provide the best possible service. The type of information collected includes: the Buyer’s name, address, phone number and email address. The Company will not pass on the Buyer’s details to any third parties. The personal information will be held securely in accordance with the law.
Severance
26. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
Force Majeure
27. The Company shall not be liable for any delay in, or failure of, performance of obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
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