1 DEFINITIONS
1.1'Buyer' means the individual or organisation who buys or agrees tobuy the Goods from the Seller;
1.2'Consumer' shall have the meaning ascribed in section 12 of theUnfair Contract Terms Act 1977;
1.3'Contract' means the contract between the Seller and the Buyer forthe sale and purchase of Goods incorporating these Terms and Conditions;
1.4'Goods' means the articles that the Buyer agrees to buy from theSeller;
1.5'Seller' means Kool trading under JudiJudiWorld LTD, International Departure Lounge, East Midlands International Airport, Castle Donington, Derbyshire, DE742SA, that owns and operates www.judijudiworld.com
1.6'Terms and Conditions' means the terms and conditions of sale set outin this document and any special terms and conditions agreed in writing by theSeller.
2 CONDITIONS
2.1Nothing in these Terms and Conditions shall affect the Buyer’s statutory rightsas a Consumer.
2.2These Terms and Conditions shall apply to all contracts for the sale of Goodsby the Seller to the Buyer and shall prevail over any other documentation orcommunication from the Buyer.
2.3Acceptance of delivery of the Goods shall be deemed conclusive evidence of theBuyer’s acceptance of these Terms and Conditions.
2.4Any variation to these Terms and Conditions (including any special terms andconditions agreed between the parties) shall be inapplicable unless agreed inwriting by the Seller.
3 ORDERING
3.1All orders for Goods shall be deemed to be an offer by the Buyer to purchaseGoods pursuant to these Terms and Conditions and are subject to acceptance bythe Seller. The Seller may choose not to accept an order for any reason.
3.2Where the Goods ordered by the Buyer are not available from stock the Buyershall be notified and given the option to either wait until the Goods areavailable from stock or cancel the order and receive a full refund within 30days.
3.3When making an order through the Website, the technical steps the Buyer needsto take to complete the order process are described in the Order Processsection within the website.
4 PRICE AND PAYMENT
4.1The Price of the Goods shall be that stipulated on the Seller’s Website. ThePrice is inclusive of VAT. The Price excludes delivery charges.
4.2The total purchase price, including VAT and delivery charges, if any, will bedisplayed in the Buyer’s shopping cart prior to confirming the order.
4.3After the order is received the Seller shall confirm by email the details,description and price for the Goods together with information on the right to cancelif the Buyer is a Consumer.
4.4Payment of the Price plus VAT and delivery charges must be made in full beforedispatch of the Goods.
5 RIGHTS OF SELLER
5.1The Seller reserves the right to adjust the price and specification of any itemon the Website at its discretion.
5.2The Seller reserves the right to withdraw any goods from the Website at anytime.
5.3The Seller shall not be liable to anyone for withdrawing any Goods from theWebsite or for refusing to process an order.
6 AGE OF CONSENT
6.1Where Goods may only be purchased by persons of a certain age the Buyer will beasked when placing an order to declare that they are of the appropriate legalage to purchase the Goods.
6.2If the Seller discovers that the Buyer is not legally entitled to order certainGoods, the Seller shall be entitled to cancel the order immediately, withoutnotice.
7 WARRANTY
TheSeller warrants that the Goods will at the time of dispatch correspond to thedescription given by the Seller. Except where the Buyer is dealing as aConsumer, all other warranties, conditions, or terms relating to fitness forpurpose, merchantability or condition of the Goods, whether implied by Statute,common law or otherwise are excluded, and the Buyer is satisfied as to thesuitability of the Goods for the Buyer’s purpose.
8 DELIVERY
Deliverywill be charged at the following…
8.1 Goods supplied within the UK will normally be delivered within 10 working days of acceptance of order. Some special orders will be longer, contact us for details when buying.
8.2Goods supplied outside the UK will normally be delivered within 28 working daysof acceptance of order.
8.3Where a specific delivery date has been agreed, and where this delivery datecannot be met, the Buyer will be notified and given the opportunity to agree anew delivery date or receive a full refund.
8.4The Seller shall use its reasonable endeavours to meet any date agreed fordelivery. In any event time of delivery shall not be of the essence and theSeller shall not be liable for any losses, costs, damages or expenses incurredby the Buyer or any third party arising directly or indirectly out of anyfailure to meet any estimated delivery date.
8.5Delivery of the Goods shall be made to the Buyer’s address specified in theorder and the Buyer shall make all arrangements necessary to take delivery ofthe Goods whenever they are tendered for delivery. The goods must be thoroughlyinspected and the delivery note signed by the buyer or the buyer’s agent.
8.6Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1The Buyer shall inspect the Goods immediately upon receipt and shall notify theSeller by Telephone & email within 7 working days of delivery if the Goodsare damaged or do not comply with any of the Contract. If the Buyer fails to doso the Buyer shall be deemed to have accepted the Goods.
9.2Where a claim of defect or damage is made the Seller shall be responsible forthe recovery of the Goods from the Buyer. The Buyer shall be entitled to a fullrefund (including delivery costs) if the Goods are in fact defective.
9.3If you are a consumer you have the right, in addition to your other rights, tocancel the Contract and receive a refund by informing the Seller by Telephone& email with confirmation letter within 7 working days of receipt of theGoods.
9.4Goods must be returned by the Buyer at the Buyer’s expense and should beadequately insured during the return journey. The Buyer will receive a refundof all monies paid for the Goods (including delivery charges, if any) exceptfor return postal charges within 30 days of cancellation. If the Buyer fails toreturn the Goods following cancellation, the Seller shall be entitled to deductthe cost of recovering the Goods from the Buyer.
9.5Goods to be returned must clearly show the order number obtained from theSeller on the package.
9.6Where returned Goods are found to be damaged due to the Buyer’s fault the Buyerwill be liable for the cost of remedying such damage.
10 LIMITATION OF LIABILITY
10.1Except as may be implied by law where the Buyer is dealing as a Consumer, inthe event of any breach of these Terms and Conditions by the Seller theremedies of the Buyer shall be limited to damages which shall in nocircumstances exceed the Price of the Goods and the Seller shall under nocircumstances be liable for any indirect, incidental or consequential loss ordamage whatever.
10.2Nothing in these Terms and Conditions shall exclude or limit the liability ofthe Seller for death or personal injury resulting from the negligence of theSeller or that of the Seller’s agents or employees.
11 WAIVER
Nowaiver by the Seller (whether express or implied) in enforcing any of itsrights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
TheSeller shall not be liable for any delay or failure to perform any of itsobligations if the delay or failure results from events or circumstancesoutside its reasonable control, including but not limited to acts of God,strikes, lock outs, accidents, war, fire, breakdown of plant or machinery orshortage 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
Ifany term or provision of these Terms and Conditions is held invalid, illegal orunenforceable for any reason by any court of competent jurisdiction suchprovision shall be severed and the remainder of the provisions hereof shallcontinue in full force and effect as if these Terms and Conditions had beenagreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
TheSeller shall be entitled to alter these Terms and Conditions at any time. butthis right shall not affect the existing Terms and Conditions accepted by theBuyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
TheseTerms and Conditions shall be governed by and construed in accordance with thelaw of England and the parties hereby submit to the exclusive jurisdiction ofthe English courts.