1. Interpretation and Definition
In these Terms and Conditions the following words and phrases shall have the following meanings:
(a) The 'Carrier' means Royal Mail or any other provider of delivery services chosen by the Company to provide delivery services to Customers.
(b) The 'Company' means PDSA Trading Limited.
(c) The 'Customer' means a person who has placed an Order with the company.
(d) 'Order' means an order made in accordance with these Terms and Conditions on an Order Form, website or by other written or electronic means containing similar information to an Order Form, or by telephone and in each case accompanied by full payment including, where applicable, payment for postage and packing, and for transit insurance.
(e) 'Order Form' means a pre-printed order form issued by the Company or a copy of such a form.
2. Receipt Of Orders
The placing of an Order by a Customer shall constitute an offer to the Company to purchase the Bronze Sculpture at the price of £1995 inc VAT + P&P (UK only). Payment for the Bronze Sculpture must be in sterling. The Company shall have an absolute discretion as to whether or not to accept that offer.
3. Offer and Acceptance
If the Company decides not to accept an offer made according to the terms of Clause 2 above, it shall inform the Customer accordingly and refund or return to the Customer all monies included with the Order.
4. Availability of Stock
4.1 The Company shall use its best endeavours to supply the Bronze Sculpture. However, the company reserves the right not to supply the Bronze Sculpture ordered by a Customer if the same are not available.
5. Time of Delivery
The Company shall use its best endeavours to ensure that a Customer's Order is despatched at the time requested by that customer. Where the Company is unable to despatch the Bronze Sculpture at the time requested by a Customer, that Order shall be despatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
6. Title and Risk
Title to and risk of the Bronze Sculpture ordered by the Customer shall pass to the Customer.
(a) In the case of goods to be collected by the customer, at the time that the Customer collects those goods; or
(b) In the case of goods for which the Customer requests that the Company arranges delivery by the carrier to the customer at the time that the Company hands the Bronze Sculpture to the carrier for delivery to the customer.
7. Delivery
7.1 The Customer may instruct the Company to arrange for the carrier to deliver the Bronze Sculpture to the Customer. The Customer will be deemed to have given such instructions unless a contrary instruction is made clearly on the order form.
7.2 Where the Customer has instructed the Company to arrange for the carrier to deliver the Bronze Sculpture to the customer, the Company shall:
a) Pay to the Carrier, on the Customer's behalf and for the supply of delivery services made by the Carrier to the Customer, the delivery charge.
b) Make the Bronze Sculpture available for collection by the carrier, or in the alternative deliver the Bronze Sculpture to the carriers premises.
7.3 The Company has no liability to the Customer for any loss or damage to the Bronze Sculpture which occurs after the Company has delivered said items to the Carrier.
8. Insurance
8.1 No arrangements are to be entered into between the Company and the Customer with regard to insurance.
9. Guarantees and Compensation
9.1 If a customer is not satisfied with the Bronze Sculpture supplied to them by the company, they may, within 28 days of receipt of that item return that item to the Company for full credit or refund.
9.2 If the Bronze Sculpture supplied by the Company to a Customer is damaged and the said damage was caused by the company prior to the passing of title and risk to the Customer, the Company shall give the Customer a full credit or refund of all sums paid or provide the Customer with replacement goods if the Customer so wishes.
9.3 If in accordance with clause 10.1 or 10.2 above, the Customer requires a refund or replacement of the Bronze Sculpture, the Customer shall return the item supplied to the Company.
10. Limitation of Liability
10.1 The Company's liability for any and all purposes including loss consequential to a breach of these terms and Conditions or if the Bronze Sculpture is in any way unsatisfactory shall be limited to a maximum of
(a) the value paid by the Customer to the Company; plus
(b) the value paid by the Customer to the Carrier; plus
(c) the cost of returning the Bronze Sculpture to the Company; plus
(d) an amount not exceeding £5 in respect of reasonable postage and telephone costs incurred by the Customer in respect of communications with the Company.
10.2 The Company shall not be liable for any other loss except those expressed specifically in these Terms and Conditions.
10.3 The Company shall not be liable to replace the Bronze Scultpure or refund or credit any sums paid by the Customer except in accordance with these terms and conditions.
11. Repayments due to Customers
11.1 Where the Company is liable to repay any amount to a Customer under these Terms and Conditions, that repayment shall take the form of a cheque for all sums except where the Customer made their initial payment by credit card or similar in which case the Company reserves the right to make the repayment by a similar method.
12. Cancellation and Variation of Orders
12.1 A Customer may at any time before the day on which the Order is packed amend or cancel the Order, including changes to the preferred despatch or collection dates, without incurring any extra charge.
13. Reproductions
13.1 All rights to the Bronze Sculpture are owned by PDSA and Caroline Wallace, it is therefore prohibited for any persons to reproduce the said piece.
14. Terms and Conditions
14.1 The Terms and Conditions shall take effect from 1 November 2003.
14.2 The company may at any time amend or replace these Terms and Conditions.
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