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Terms and Conditions of Sale of dragonearth.com Terms and Conditions of Sale of dragonearth.com

1. DEFINITIONS

1.1 “Buyer” means the individual or organisation that buys or agrees to buy the goods from the Seller.
1.2 “Consumer” shall have the meaning ascribed in section 12 of the unfair contract terms act 1977.
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of goods incorporating these Terms and Conditions.
1.4 “Goods” means articles that the Buyer agrees to buy from the Seller.
1.5 “Seller” means S. Mansfield T/as DragonEarth.com of 16 Kynaston Avenue, CR7 7BU.
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.


2. CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the buyer’s statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other documentation or communication from the buyer.
2.3 Use of the website and acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.


3. ORDERING

3.1 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these Terms and Conditions and are subject to acceptance by the seller. The seller may choose not to accept an order for any reason.
3.2 Where the goods ordered by the buyer are not available from stock the buyer shall be notified and given the option to either wait until the goods are available from stock, given the option of choosing a different/replacement item up to the value of the item purchased or cancel the order and receive a full refund. These are at the seller’s discretion.
3.3 When making an order through the website, WWW.DragonEarth.COM, the technical steps the buyer needs to take to complete the order process are described in “My Basket”.
3.4 Goods remain the property of DragonEarth.com until payment has been made in full.


4. PRICE AND PAYMENT

4.1 The price of the goods shall be that stipulated on the seller’s website. The price excludes delivery charges.
4.2 The total purchase price and delivery charges will be displayed in the buyers shopping basket prior to confirming the order.
4.3 After the order is received the seller shall confirm by email the details, description and price for the goods. If these differ from the details, description and/or price shown on the website the buyer shall be entitled to cancel the order.
4.4 Payment for the goods and delivery charges must be made in full before the goods are despatched. If goods are paid for by credit card despatch is usually within 3 working days, if goods are paid for by cheque or postal order despatch will be after 7 working days. The buyer will receive an email informing them of when to expect delivery of the goods. The seller reserves the right to only to despatch the goods when the funds for them have cleared.


5. RIGHTS OF SELLER

5.1 The seller reserves the right to alter/adjust the price and specification of any item on the website at its discretion.
5.2 The seller reserves the right to withdraw any goods from the website at anytime.
5.3 The seller shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
5.4 The seller reserves the right to alter/adjust any part of the website at anytime.
5.5 The seller may choose not to accept an order for any reason.


6. AGE OF CONSENT

6.1 Where goods may only be purchased by persons of a certain age the buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the goods.
6.2 If the seller discovers that the buyer is not legally entitled to order certain goods, the seller shall be entitled to cancel the order immediately, without notice.
6.3 The seller may refuse sale of these goods to any persons at anytime.


7. WARRANTY

7.1 The seller warrants that the goods will at the time of dispatch correspond to the description given by the seller. Except where the buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded, and the buyer is satisfied as to the suitability of the goods for the buyer’s purpose.


8. DELIVERY

8.1 Goods delivered within the U.K. will normally be delivered within 10 working days of receipt of payment although a maximum of 28 days should be allowed for delivery.
8.2 Goods will only be despatched when payment in full has cleared. If the buyer pays by Credit/Debit card or Postal order despatch is usually within 3 working days of receipt of payment. If the buyer pays by personal cheque then despatch will be after 7 working days when cheque has cleared.
8.3 Goods supplied outside the U.K. will normally be delivered within 28 working days of receipt of payment for the order.
8.4 The buyer will be notified of expected delivery day by email. A delivery time cannot be specified. If this delivery day is inconvenient the buyer must notify the seller immediately to agree a new delivery date.
8.5 Goods will be sent by the cheapest service either Recorded signed for delivery, Special Delivery or Courier, depending on size and weight of goods when packaged. Seller reserves the right to change the method of despatch without notice.
8.6 All goods will need to be signed for on arrival at the buyer’s address. Goods sent within the U.K. will be sent either by Courier, Recorded signed for delivery or Special Delivery.
8.7 Goods sent by Recorded or special delivery will be sent to the buyer’s local mail depot if delivery attempt fails. The buyer must then collect the goods within 14 days. If collection of goods does not happen within 14 days then the goods will be returned to the seller and the buyer will incurred extra postage costs if the item is to be re-sent. If the buyer does not wish to have the goods re-delivered to them then they must notify the seller immediately for a partial refund. In this case the buyer can only be refunded the value of the goods and NOT the postage and packing costs.
8.8 Goods sent by Courier will only be attempted to be delivered twice, if both attempts fail then the goods will be returned to the seller. Repeated delivery attempts will be charged extra for.
8.9 Goods sent “overseas” within the British Isle may incurred an extra charge if sent by courier, If buyer disagrees with this charge another method of postage will be agreed upon between the buyer and the seller.
8.10 Goods lost, damaged, or wrongly delivered by either Courier service or royal mail will be investigated by the seller. When the seller is satisfied with these investigations then the buyer will receive a partial or full refund if it is found they are entitled. Each case is examined individually and ALL refunds are at the seller’s discretion.
8.11 Goods sent outside the U.K. will be sent by International signed for delivery or similar service depending on the destination country. Goods will need to be signed for on arrival.
8.12 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.13 The seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any third party arising directly or indirectly out of any failure to meet estimated delivery date.
8.14 Delivery of goods shall be made to the buyer’s address specified in the order and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
8.15 Title and risk in the goods shall pass to the buyer upon delivery of the goods.


9. CANCELLATION AND RETURNS

9.1 The buyer shall inspect the goods immediately upon receipt and shall notify the seller within 7 days of delivery if the goods are damaged or do not comply with any of the contract. If the buyer fails to do so the buyer shall be deemed to have accepted the goods.
9.2 Where a claim of defect or damage is made the goods shall be returned by the buyer to the seller. The buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the goods are in fact defective. If goods are defective and buyer wishes to have replacement goods, these will be despatched on receipt of the returns at no extra cost to buyer.
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the contract and receive a refund by informing us in writing or by email within 7 working days of receipt of goods. Goods must be returned at your cost and should be adequately insured during the return journey. You will receive a refund of all monies paid for the goods (including delivery charges) except for return postal charges within 30 days of cancellation.
9.4 Goods to be returned must clearly show the order number or item number or sellers invoice number on the package.
9.5 Where returned goods are found to be damaged due to the buyers own fault the buyer will be liable for the cost of remedying such damage.


10. LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these terms and conditions by the seller the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
10.2 Nothing in these terms and conditions shall exclude or limit the liability of the seller for death or personal injury resulting from the negligence of the seller or that of the seller’s agents or employees.


11. WAIVER

11.1 No waiver by the seller (whether expressed or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.


12. FORCE MAJEURE

12.1 The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the seller shall be entitled to a reasonable extension of its obligations.


13. SEVERANCE

13.1 If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.


14. CHANGES TO TERMS AND CONDITIONS

14.1 The seller shall be entitled to change these terms and conditions at any time.


15. GOVERNING LAW AND JURISDICTION

15.1 These terms and conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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