Natural Curiosities Inc. - Terms of Conditions of Sale
1 The contract between us
We must receive payment of the whole of price for the goods that you order before your order can be excepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the address you provide or by faxing a confirmation to you to the number you provide. Our acceptance of your order brings into existence a legally binding contract between us.
2 Price
2.1 The prices payable for goods that you order shall be the price quoted to you.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. The cost of delivery of the goods shall be included in the price quoted to you for the goods.
3 Right for you to cancel your contract
3.1 To cancel your contract you must notify us in writing.
3.2 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract after we have the goods to you by carriage but before the goods arrive at your address, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.3 Once you have notified us that you are cancelling your contract, we will refund all sums paid by you as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition that they were in when delivered to you. If you do not return the goods delivered to you or do not pay the cost of delivery, we shall be entitled to deduct the direct of recovery the goods from the amount to be re-credited to you.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if one or more of the goods you ordered was listed at an incorrect price due to a typographical error in the pricing information.
4.2 If we do cancel your contract we will notify you by email and will re-credit to you the sum received in respect of the goods as soon as possible but in any event within thirty days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event thirty days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss of destruction.
6 Liability
6.1 If the goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our contact address of the problem within ten working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within thirty days of the date on which you ordered them we shall have no liability to you unless you notify us in writing at our contact address of the problem within forty days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 To make good any non-delivery;
6.2.2 To refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not liable to you for any in-direct or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability 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 under clause 6.2.2 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept to liability in respect of the export of import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these Terms of Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7 General
7.1 No waiver by us of any breech of the contract by you shall be considered as a waiver of any subsequent breech of the same or any other provision.
7.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not effected.
7.3 The contract between us shall be governed and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
7.4 A person who is not party to this contract shall have no right under the Contracts (Rights of Third Parties) act 1999.
7.5 These Terms and Conditions set out the whole of our agreement relating to the supply of the goods to you by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. No variation to these Terms and Conditions shall be binding unless agreed in writing by us.
7.6 Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing (including by means of email and fax) sent to our contact address.
7.7 We shall not be liable for any default due to any act of God, war, power failure, failure of the telecommunication lines, import of export regulations or embargoes or other event beyond our reasonable control.
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