T E R M S A N D C O N D I T I O N S
1. D E F I N I T I O N S
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Business Day: a day where banks in the Isle of Man are open for business;
(b) Event Outside Our Control: is defined in clause 7.2;
(c) Goods: the goods that We are selling to you as set out in the Order;
(d) Order: your order for the Goods;
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: Osbourne Antiques Limited, a company incorporated in the Isle of Man with company number 128721C and having its registered office and its place of business at 3 Water Street, Ramsey, Isle of Man, IM8 1JP.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. O U R C O N T R A C T W I T H Y O U
2.1 These are the terms and conditions on which We supply Goods to you. These Terms will become binding on you and Us when We confirm that We are able to provide you with the Goods, at which point a contract will come into existence between you and Us.
3. P R I C E A N D P A Y M E N T
3.1 The price of the Goods will be set out in:
(a) Our shop, and/or
(b) on Our website, and/or
(c) on Our page on sellingantiques.co.uk, and/or
(d) on Our Facebook page, and/or
(e) otherwise agreed between you and Us.
3.2 We will confirm the price of the Goods to you prior to accepting your Order.
3.3 Unless otherwise identified at Our shop, on Our website, on Our page on sellingantiques.co.uk, and/or on Our Facebook page, the prices for the Goods include delivery costs to the Isle of Man and mainland United Kingdom. Please note only full price Goods are eligible for free delivery (on the terms set out in clause 4.1) unless otherwise agreed between you and Us at Our sole discretion.
3.4 Unless otherwise agreed in writing, you must make payment for Goods in advance of dispatch for delivery by bank transfer, cash or cheque. We must be in receipt of cleared funds before We will dispatch the Goods to you.
3.5 Any bank charges are your responsibility and must be paid by you in addition to the price of the Goods. We will not dispatch the Goods if We have not received full payment because of the deduction of bank charges.
3.6 You own the Goods once We have received payment in full.
4. D E L I V E R Y O F G O O D S
4.1 We will contact you with an estimated delivery date. We will deliver Goods purchased for the full price (unless otherwise agreed between you and Us at Our sole discretion) to the Isle of Man at no additional charge as soon as reasonably practicable following the Business Day We are in receipt of the payment of the Goods as cleared funds.
4.2 We will arrange, via a suitable carrier, to deliver Goods purchased for the full price (unless otherwise agreed between you and Us at Our sole discretion) to mainland United Kingdom at no additional charge as soon as reasonably practicable following the Business Day We are in receipt of the payment of the Goods as cleared funds. Please note that availability of a suitable carrier is outside our control and there may be a consequential delay. We will advise you of a proposed delivery date and provide you with the carrier’s contact details.
4.3 Goods which are not available for free delivery in accordance with clause 4.1 and/or clause 4.2 will be identified at Our shop, on Our website, on Our page on sellingantiques.co.uk, and/or on Our Facebook page. We will use Our reasonable endeavours to find a suitable carrier. We will advise You of the carrier’s delivery charges before We book the carrier. You can of course source your own carrier.
4.4 Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 7 for Our responsibilities when this happens.
4.5 If you collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 10 am to 5 pm Tuesday – Saturday. All Goods must be collected within ten Business Days after the Business Day We are in receipt of the full payment of the Goods as cleared funds unless otherwise agreed by Us at Our sole discretion.
4.6 Delivery of an Order shall be completed when:
(a) We deliver the Goods to the address you gave Us, or
(b) You or a carrier organised by you collect them from Us.
4.7 International Delivery
(a) We are able to deliver Goods outside of mainland United Kingdom and the Isle of Man. We will use Our reasonable endeavours to find a suitable carrier. We will advise You of the carrier’s delivery charges before We book the carrier. You can of course source your own carrier. You are responsible for the carrier’s delivery charges.
(b) Goods for delivery outside of mainland United Kingdom may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
(c) You will be responsible for payment of any such import duties and taxes. Please contact your local customs office if you have any queries or concerns in this regard before ordering the Goods.
(d) You must comply with all applicable laws and regulations of the country for which the Goods are destined. We are not liable or responsible if you break any such law.
5. G O O D W I L L G U A R A N T E E O F G O O D S
5.1 If you are unhappy with the Goods for any reason or you change your mind, you may return them to Us at your own cost and We will refund the price you paid for the Goods (less any applicable bank charges) if:
(a) you return the Goods to us within seven calendar days of receipt, or such longer period as We in Our sole discretion agree; and
(b) the Goods are returned to Us in the condition that they were sent (in Our reasonable opinion).
5.2 You are liable for the return cost of transporting the Goods to Us.
5.3 This does not affect, your legal rights in relation to the Goods that are faulty or not as described.
6. O U R L I A B I L I T Y T O Y O U
6.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into this contract. We are not responsible for any loss or damage that is not foreseeable.
6.2 Goods are only supplied for domestic and private use and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 We do not exclude or limit in any way Our liability for:
(a) fraud or fraudulent misrepresentation;
(b) breach of the terms implied by Part 1 of the Supply of Goods and Services Act 1996; and
(c) defective products under the Misrepresentation and Unfair Contract Terms Act 1980.
7. E V E N T S O U T S I D E O U R C O N T R O L
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
7.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or travel disruption caused by the delay and/or cancellation of the Isle of Man Steam Packet Company’s sailings to and from the Isle of Man.
7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
7.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 8. We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in clause 8.
8. Y O U R R I G H T S T O C A N C E L A N D A P P L I C A B L E R E F U N D
8.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods including where you choose to cancel because We are affected by an Event Outside Our Control:
(a) you may cancel any Order for Goods at any time before We despatch the Goods by contacting Us. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 8.1(a), We will refund the payment of the Goods to you;
(c) unfortunately, if you cancel an Order for Goods and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, you are responsible for the costs of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but We will not refund any charges for return delivery.
9. O U R R I G H T S T O C A N C E L A N D A P P L I C A B L E R E F U N D
9.1 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) We will promptly contact you to let you know; and
(b) We will refund payment of the Goods to you.
10. I N F O R M A T I O N A B O U T U S A N D H O W T O C O N T A C T U S
10.1 We are a company incorporated in the Isle of Man with company number 128721C and Our registered office and place of business is at 3 Water Street, Ramsey, Isle of Man, IM8 1JP.
10.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us on +44 (0)7624 207843 or by e-mailing Us at firstname.lastname@example.org.
10.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail (email@example.com) by hand, or by pre-paid post to Osbourne Antiques Limited 3 Water Street, Ramsey, Isle of Man, IM8 1JP. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us.
11. O T H E R I M P O R T A N T T E R M S
11.1 The images of the Goods on Our website, on Our sellingantiques.co.uk page and on Our Facebook page are for illustrative purposes only. Although We have made every effort to display the colours, condition and finish accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour, condition and finish of the Goods. Your Goods may vary slightly from those images.
11.2 All descriptions of the Goods on Our website, on Our sellingantiques.co.uk page and on Our Facebook page are given in good faith and whilst every effort is made to describe Goods accurately, You must be aware that descriptions as to the good or excellent condition of Goods are commensurate with the age of the Goods.
11.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
11.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
11.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
11.6 These Terms are governed by and construed in accordance with the law of the Isle of Man.
11.7 Subject as provided below, you and We agree that the Isle of Man courts have non-exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in any way relate to these Terms and the Goods. Nothing in this clause limits Our right to take proceedings in any other court of competent jurisdiction.
11.8 We may amend these Terms from time to time.
11.9 Every time you purchase Goods from us, the Terms in force at the time of your Order will apply to the contract between you and Us.