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Terms and Conditions
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Terms and Conditions
BUY NEW LIMITED
WEBSITE TERMS & CONDITIONS
1. Website usage policy
1.1 The purchase of goods from this website is governed by these Terms and Conditions. Proceeding to place an order through this website indicates that you have read, understood and accepted these Terms and Conditions and the Privacy Policy.
1.2 We reserve the right to revise these Terms and Conditions at any time by updating this page and notifying you where relevant. Each time you order goods through this website you will need to confirm your acceptance of the Terms and Conditions at the prevailing time. These Terms and Conditions were last updated (and apply from) 1 May 2005.
1.3 References in these Terms and Conditions to "us" or "we" means Buy New Limited (trading as buynewart), a company registered in England and Wales with number 5332828 whose registered office is at 26 York Street, London W1U 6PZ. References to "you" means the customer placing an order for goods through this website.
2. Formation of the contract
2.1 The display of goods on our website constitutes an invitation for you to make us an offer to buy goods from us and by completing our on-line order form (including your payment details) you are making an offer to us to purchase the relevant goods at the prices stated. Upon receipt of your order and when your payment has been processed, we will send an acknowledgment to you by e-mail, but this shall not constitute our acceptance of your order. We will confirm acceptance of your order by sending an e-mail to you when the goods are dispatched. Our acceptance of your order brings into existence a legally binding contract between us. Once the contract has formed you are not able to amend your order or the contract without our written consent.
2.2 We reserve the right not to accept your offer to purchase the goods if:
(a) we have insufficient stock to deliver the goods you have ordered;
(b) we do not deliver to your location; or
(c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers,
in which case we will notify you by e-mail as soon as reasonably practicable that your order was not accepted and we will credit your account with any sum debited by us.
3. Price and payment
3.1 The prices payable for the goods that you order and delivery of those goods are as stated on this website at the time you place your order (subject to any errors). All prices stated on this website are exclusive of VAT and delivery charges unless otherwise stated.
3.2 Payment may be made by the methods stated on this website. The debit, credit and charge cards accepted by us are those listed on this website on the date on which the order is made.
3.3 Any transactions will appear on your credit card statement as BUYNEWART.COM.
4. Delivery
4.1 We will deliver the goods ordered by you to the address provided by you on the order form. Delivery will be made as soon as possible after your order is acknowledged by us and we will endeavour to dispatch any order within 30 days of the date of your order. However, if you do not receive goods ordered by you within 30 days of the date of your order due to a cause beyond our direct control, we shall have no liability to you whatsoever and in respect of delivery, time is not of the essence. Please note that it may also not be possible for us to deliver to some locations.
4.2 You will become the legal owner of the goods you have ordered when payment for the goods has been debited from your account and when they have been delivered to your address as specified on your order form. The goods will be held at your own risk from delivery. We will not be liable for their loss, damage or destruction after they have been delivered to you. We reserve the right to deliver the goods to you in instalments at no extra cost to you.
4.3 If you are resident outside the United Kingdom, the exportation of goods by us to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase from this website. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from this website.
5. Cancellation
5.1 You may cancel the contract between us for the goods you order at any time up to the end of the seventh working day from the date the goods are delivered to your address (the "Cancellation Date"). You need not give any reason for cancelling the contract, nor will you have to pay any penalty. To cancel the contract you must notify us in writing on or before the Cancellation Date by letter, fax or e-mail and (if you have received the goods) comply with our returns policy set out at paragraph 6 below. Cancellation of the contract after the Cancellation Date is at our sole discretion.
6. Returns and refunds
6.1 To return goods you must have a goods return number ("GRN"). You can obtain a GRN by e-mailing us at enquiries@buynewart.com or by telephoning our customer care team on + 44 (0)845 223 5930 and providing us with:
(a) the order number;
(b) the product identifier; and
(c) (unless the contract is being cancelled in accordance with paragraph 5.1 above) the reason for return.
6.2 We will then provide you with your unique GRN and explain how you can return the goods. We will not accept returns without a valid GRN. All returned items must be in their original packaging, unopened and unused.
6.3 You must pay for the costs of return unless the goods are faulty, damaged or incorrectly supplied. The goods must be returned to us within 14 days of you being issued your GRN. We recommend that you insure any goods which you return to us as you will be liable for them until they reach us.
6.4 If the contract is cancelled in accordance with paragraph 5.1 above, we will credit your account with any sum debited by us as soon as possible but in any event within 7 days of us receiving the returned goods (or if no goods have been dispatched, your notice to cancel) or notifying you of our cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Faulty, damaged or incorrectly supplied goods
7.1 You must notify us of faulty, damaged or incorrectly supplied goods within 14 days of receipt and we will arrange collection of these goods at our expense. If such goods are found not to be faulty they will be returned to you at your expense and you will be charged for the costs we incur in collecting them from you.
7.2 If you request a replacement then provided we have a replacement item in stock we will dispatch the replacement as soon as possible after the returned goods have been processed. If you request a refund we will credit your account with any sum debited by us as soon as possible but in any event within 7 days of us receiving the returned goods.
8. Liability
8.1 Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded or in any way to exclude or limit our liability to you for any fraud or death or personal injury resulting from our negligence.
8.2 Subject to paragraph 8.1 above, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) arising out of our action or inaction and we will not be liable to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
8.3 Whilst we make every effort to ensure the correctness of the information contained on this website, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information, graphics or products published in this website. All liability arising due to any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
9. Brand names and intellectual property
9.1 All trade marks, brand names, titles and copyrights used in this website are either owned by us or the relevant artists. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
10. Entire agreement
10.1 These Terms and Conditions set out the whole agreement between us relating to the supply of goods by us to you. No statement by any individual employed by us should be understood as a variation of these Terms and Conditions or as a representation about the nature or quality of any goods offered for sale by us.
11. Address for notices
11.1 Should you need to write to us notifying us with any comments, complaints or notices, they should be addressed to 26 York Street, London W1U 6PZ.
12. Applicable law and jurisdiction
12.1 The contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.
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