DISCLAIMER
Veronique has taken every precaution in compiling this web-site. However, neither it nor its directors,
employees or other representatives will be liable for damages (direct or indirect) arising out of or in connection
with the use of the web-site, except where, as a result of the negligence of Veronique, its directors, employees
or representatives, death or personal injury is caused, in which case Veronique liability is not limited or
excluded.
The web-site is provided on an "AS IS" basis and Veronique excludes all warranties or representations of any kind
with respect to this web-site or its contents. In particular, Veronique does not warrant or represent that the
information contained on the web-site is accurate or up to date.
The contents of this web-site are designed to comply with English law.
You may be viewing the web-site in a market in which we do not commonly sell our goods. Veronique cannot be held
responsible for non-compliance with any local advertising or other laws in relation to this web-site or its contents.
For further information on the terms and conditions that apply in connection with your use of this web-site, please
refer to our Terms and Conditions below.
WEB-SITE TERMS & CONDITIONS OF SALE OF GOODS DATED 2009
In these conditions, unless the context requires otherwise:
"Buyer" means the company, firm, body or person purchasing the Goods.
"Goods" means the goods (including any instalment of the goods) which Veronique will supply in
accordance with these conditions.
Veronique is the company situated at Unit 1 ASC, 5th Avenue, London SW9
"Order" means a purchase order in respect of the Goods issued by the Buyer to Veronique on the order form
set out on the web-site by e-mail.
"web-site" means Veronique Web-Site www.veroniquedesigns.com
1. CONTRACT
1.1
A contract ("Contract") will only come into being upon acceptance by
Veronique of the Order and the following conditions shall be deemed to be
incorporated in the Contract. The Buyer accepts these terms and conditions by
pressing the "I have read and accept the terms and conditions" button
on the web-site Order form. By completing the Order Form, the Buyer grants to
Veronique the authority to conduct any credit search which it deems necessary
in order to allow for the acceptance and fulfilment of all orders received by
Veronique.
1.2 The Contract will be subject to these conditions.
All terms and conditions appearing or referred to in the Order or otherwise
stipulated by the Buyer shall have no effect. Any variation of the Contract
must be confirmed in writing by Veronique. Veronique may revise these terms
at any time and without notice at its sole discretion. Any change will take
effect immediately after posting on the web-site and will be deemed to be
accepted by Buyers who continue to access the web-site. For the avoidance of
doubt, any Contract will remain subject to the version of the terms on the Web
Site at the time the Order is placed and shall not be affected by any
subsequent alterations. Any person ordering from the web-site may print and
keep a copy of these terms and conditions.
1.3 Veronique's acceptance of the Order shall
be by email confirming the Goods ordered, the price of the Goods, the
arrangements for payment, the arrangements for delivery and the packaging
and postage charge. The acceptance will be deemed complete and will
be deemed for all purposes to have been sent to the Buyer at the time
Veronique send the email to the Buyer (whether or not the Buyer receives that
email).
2. PRICES
2.1
The price for the Goods shall be those prices published on the web-site when
the Order is made and is accepted by Veronique as confirmed when Veronique
accepts the Order in accordance with clause 1.3 above. These prices are
inclusive of VAT, where applicable.
2.2 Veronique's current delivery charges and
anticipated delivery times are as published on the web-site and for the
purposes of the Contract shall be that information on the web-site at the
time when the Order is made and accepted by Veronique
3. TERMS OF PAYMENT
3.1
Payment of the whole of the price of the Goods must be received by Veronique
before the Goods are despatched to the Buyer. Veronique accepts payment from
all major credit and debit cards, including Visa, Mastercard, Switch, Solo and
Delta.
3.2 If Veronique does not have sufficient
stock of all or some of the Goods in the Order, Veronique shall notify
the Buyer by e-mail or telephone informing the Buyer and if payment has
been taken, Veronique shall credit the Buyer's credit card or debit card
account with the price of the Goods which were unavailable. Veronique
shall use its reasonable endeavours to credit the Buyer's account as soon
as is reasonably practicable but in any event no later than 30 days from
the date of the transaction. Veronique will not be obliged to offer any
additional compensation for disappointment suffered.
4. CANCELLATION
4.1
The Buyer may cancel the Contract for any reason in the period of seven (7)
working days after the day of delivery of the Goods to the Buyer. To cancel the
Contract, the Buyer shall notify Veronique in writing of the cancellation and
repackage the relevant Goods securely and arrange for them to be delivered to
Veronique so that Veronique receives the Goods within seven working days after the date of delivery.
Veronique recommends that the Buyer uses a recorded delivery service. The Goods
are returned under this clause at the Buyer's cost and risk.
4.2 Veronique shall credit the Buyer's credit
card or debit card account with the price of the Goods under a contract
cancelled under clause 4.1 and shall refund the Buyer's account as soon as
is reasonably practicable but in any event in no later than 30 days from
the date of receipt of notification of the cancellation. If any Goods are
not returned under clause 4.1, Veronique may arrange for them to be
collected from the Buyer at their residence and recover from the Buyer
Veronique's direct costs of doing so.
5. REFUND; WARRANTY; LIMIT OF RESPONSIBILITY
5.1 If the Buyer is not happy with any Goods, they
may within 14 days of delivery arracnge for the return of the Goods to Veronique
5.2 If the Buyer elects to return the Goods by post
in accordance with clause 5.1, upon safe receipt of such Goods in their
original condition, Veronique shall give the Buyer a full refund of any monies
paid by the Buyer. The cost of returning the Goods shall be borne by the Buyer
and the Goods are returned at the Buyer's risk.
5.3 Veronique warrants that it will (at Veronique's
choice) either replace the Goods or refund the full purchase price of any Goods
which are accepted by Veronique as being defective or faulty or not in
accordance with the Contract within a period of 30 days from dispatch of such
Goods purchased from Veronique works to the Buyer's delivery address
("Warranty Period"), provided that the defect or fault does not arise
from fair wear and tear, wilful damage, negligence, failure to follow Veronique's
instructions or through the misuse, alteration or repair of the Goods without
Veronique's approval. After the Warranty Period,
refunds/exchanges shall be at the discretion of Veronique
5.4 The Buyer may, if they wish , return any Goods
which are accepted by Veronique as being defective or faulty or not in
accordance with the Contract within the Warranty Period to Veronique,
provided the Buyer can produce the dispatch or delivery note issued to them on
delivery as proof of purchase and the Goods have been paid for in full. Veronique
shall either replace or refund the full purchase price of those Goods at
that time.
5.5 The Buyer's remedies in respect of any claim
under the foregoing express warranty or any condition or warranty implied by
law or any other claim in respect of the Goods or any workmanship in relation
to them (whether or not involving negligence on the part of Veronique) shall,
in all cases, be limited to replacement or refund of the purchase price as
aforesaid and any other condition or warranty implied by law shall cease to
apply after the expiry of the Warranty Period.
5.6 Except in respect of death and personal injury,
Veronique aggregate liability to the Buyer in respect of breach of contract,
misrepresentation (but not fraudulent misrepresentation), tort, negligence, or
any other legal liability in relation to the sale of the Goods shall be limited
to three times the price of the Goods paid by the Buyer.
5.7 Subject to clause 5.6, Veronique shall not be
liable to the Buyer for any indirect, consequential or special loss or loss of
profits which arises out of or in connection with the supply of Goods except as
expressly provided in these conditions.
5.8 Veronique shall not refund the cost of
the return charges to the Buyer unless the returned Goods are deemed
faulty by Veronique or were originally sent to the Buyer in error.
6. DELIVERY AND COMPLETION DATES
6.1
The delivery times of the Goods shall be those confirmed by Veronique on
acceptance of the Order but are intended to be approximate only. Time is not of
the essence for delivery or performance. If Veronique is unable to meet the
stated expected delivery date, it shall use reasonable endeavours to inform the
Buyer of this by e-mail and give an amended delivery time.
6.2 Veronique shall aim to meet the delivery
times specified in the Order (or any delivery time amended in accordance
with clause 6.1) but shall not be liable in any circumstances for the
consequences of any delay in delivery or failure to deliver or perform if
the duration of the delay is not substantial or if the delay or failure is
due to causes beyond Veronique's reasonable control as set out in clause
8.
7. DAMAGE, SHORTAGE OR LOSS IN TRANSIT
Unless the Contract otherwise stipulates, the risk in the Goods passes to the
Buyer when proof of delivery can be provided by Veronique's nominated carrier.
8. FORCE MAJEURE
In accordance with clause 6.2, Veronique shall not be liable to the Buyer or
be deemed to be in breach of the Contract by reason of, of any failure to
perform or any delays in performance of, any of Veronique's obligations in
relation to the Goods, if the delay or failure was due to any cause beyond
Veronique's reasonable control.
9. INTELLECTUAL PROPERTY
9.1
All the intellectual property rights in the Goods are and shall remain the
property of Veronique and its licensors. For the avoidance of doubt, at no
time shall any rights, title or interest in these intellectual property rights
pass to the Buyer.
9.2 Veronique permits the Buyer to
electronically copy and print in hard copy specific portions of the Web
Site for the sole purpose of placing an order with Veronique or using the
web-site as a shopping resource. Any other use of the contents of the Web
Site by the Buyer is strictly prohibited by Veronique.
10. GENERAL
10.1
Veronique shall be entitled to assign its rights or obligations under the
Contract and subcontract any work relating to the Contract without obtaining
the consent of, or giving notice to, the Buyer.
10.2 Any notice or other communication to be given
under these conditions must be in writing and may be delivered or sent by
prepaid first class letter post or facsimile transmission or email. Any notice
or document shall be deemed served: if delivered, at the time of delivery; if
posted, 48 hours after posting; and if sent by facsimile transmission or email,
at the time of receipt of confirmation of correct transmission.
10.3 The invalidity, illegality or unenforceability
of any provision of these conditions in any jurisdiction shall not affect the
enforceability of the remainder of the other conditions nor shall it affect the
validity, lawfulness or enforceability of that provision in any other
jurisdiction.
10.4 No variation of these conditions shall be
binding unless agreed between the authorised representatives of Veronique and
the Buyer and has been confirmed in writing by these individuals.
10.5 A person who is not party to this agreement
shall have no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of this agreement. This clause does not affect any right or
remedy of any person which exists or is available otherwise than pursuant to
that Act.
10.6 The Contract shall be governed by and construed
in all respects in accordance with English law and the parties hereby submit to
the exclusive jurisdiction of the English courts. The web-site is designed to
comply with English law.
10.7 The Contract and these conditions
constitute the entire agreement and understanding between the parties in
respect of the subject matter of these conditions and the Buyer
acknowledges that it has entered into the Contract in reliance only upon
the representations, warranties and premises specifically incorporated in
the Contract and the conditions.