TERMS AND CONDITIONS OF SALE

LiquidLust Limited

1 DEFINITIONS

1.1 The "Buyer" means the individual, partnership, company or other organisation who buys or agrees to buy Goods from the Seller;

1.2 The "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 The "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" mean the articles that the Buyer agrees to buy from the Seller;

1.5 The "Seller" means LiquidLust Limited of 72A Fulham Road, London SW3 6HH that owns and operates LiquidLust and liquidlust.co.uk;

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "Website" means www.liquidlust.co.uk.


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 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.

2.5 Any complaints should be addressed to the Seller's address as set out in clause 1.5.


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, In its sole discretion, 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 or cancel the order and receive a full refund.


4 PRICE AND PAYMENT

4.1 The price of the Goods shall be the price stipulated on the sales order form or on email or written correspondence from the Seller. The price is exclusive of VAT. The price excludes delivery charges.

4.2 The total purchase price, including VAT and delivery charges, will be displayed on the sales order form prior to confirming the order.

4.3 After an order is received, the Seller will confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4 To the extent that a Buyer does not have an account with the Seller, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.5 In the event that a Buyer has an established account with the Seller, and unless otherwise stipulated by the Seller, payment of the price plus VAT and delivery charges shall be due and payable at the earlier of (a) the date of delivery or (b) within 7 days of the date of receipt of the invoice supplied by the Seller: it being assumed unless shown otherwise that all invoices, dispatched by second class post are received 4 days after posting.

4.6 Interest on overdue invoices shall accrue on a day by day basis at a rate equal to 5% above the base right from time to time of the Bank of England from the date when payment becomes due until the date that payment is received by the Seller.

4.7 Where a Buyer has outstanding debts with the Seller which have become overdue, the Seller may at its option refuse to supply further Goods until such time as outstanding invoices are paid in full., For the purpose of this clause any remittance received will be applied to the outstanding invoices in age order (oldest first). Where invoices are not paid within 7 days of date of invoice the Seller may at its option withdraw account facilities.

4.8 Whenever the Seller incurs costs in seeking to obtain payment from a Buyer for an overdue account, whether pursuant to court proceedings or otherwise,the Seller reserves the right to charge the Buyer for any legal or other costs associated with collection.


5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically review and update the prices of its Goods. Prices of Goods cannot be guaranteed for any length of time.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.


6 WARRANTY

The Seller warrants only that the Goods will at the time of dispatch correspond to the description given by the Seller. To the extent allowable by law, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by under statute, common law or otherwise, are excluded and the Buyer satisfied as to the suitability of the Goods for the Buyer’s purpose.

7 DELIVERY

7.1 Goods supplied within the UK will normally be delivered within 7 working days of acceptance of orders placed before 3pm GMT. (subject to availability of stock)

7.2 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.

7.4 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 from any failure to meet any estimated delivery date.

7.5 Delivery of the Goods shall be made to the Buyer’s address specified on the purchase order form (or sales order form) and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.


8 CANCELLATION AND RETURN

8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by telephone +44 (0)203 144 0196 or by email info@liquidlust.co.uk within 3 working days of delivery if the Goods are damaged, defective or do not satisfy the description on the sales order form (or purchase order form) giving the Seller details of any such claim. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.

8.2 Where the Buyer makes a claim pursuant to clause 8.1 that the Goods are defective or damaged, the Seller reserves the right to inspect the Goods at the Buyer's premises prior to determining a subsequent course of action. Where the Seller accepts that the Goods are damaged or defective without fault of the Buyer, Seller may agree to either the immediate disposal of the Goods or their return to the Seller's premises at the Seller's expense. Subject to agreement to the contrary, however,Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured for this journey.

8.3 To the extent that the Seller accepts that part or all of the Goods were defective or damaged on delivery and without fault of the Buyer, the Seller will reimburse the Buyer the price paid for the defective and/or damaged Goods (net of delivery charges).

8.4 Where returned Goods are found to be damaged due to the Buyer’s fault, the Seller will not be liable to replace and/or refund the cost of the returned Goods.


9 LIMITATION OF LIABILITY

9.1 Except as may be required 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 available to the Buyer shall be limited to damages which shall in no circumstances exceed the price (net of delivery or other special charges) of the Goods ordered and paid for and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.

9.2 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.


10 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under any agreement (including these Terms and Conditions) under this contract shall prejudice its rights to do so in the future.

11 FORCE MAJEURE

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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply. In circumstances in which the Seller's performance is inhibited by Force Majeure, the Seller shall be entitled to a reasonable extension of time during which to perform its obligations and, to the extent that the aforesaid circumstances subsist for a period in excess of 30 days either party shall have the right upon notification in writing to the other party to cancel the relevant sales or purchase order.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason whether pursuant to an order of any court of competent jurisdiction or otherwise, 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.

13 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to amend these Terms and Conditions at any time and from time to time, provided however that this right shall not affect those Terms and Conditions accepted by the Buyer at the time of making a purchase.

14 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.