1. Consumers
As a consumer, you have certain statutory rights which are not affected by these terms. Contact your local trading standards office for more information. Words in italic type are legal words which clarify, rather than alter, the meaning of the relevant clause.

2. Price
2.1 The price quoted includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
2.2 The price quoted excludes delivery (unless otherwise stated).

3. Delivery
3.1 All delivery times quoted are estimates only.
3.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
3.2.1 you may not cancel if we receive your notice after the goods have been dispatched; and
3.2.2 if you cancel the contract, you can have no further claim against us under that contract.
3.3 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
3.4 We may deliver the goods in instalments. Each instalment is treated as a separate contract.
3.5 We may decline to deliver if:
3.5.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
3.5.2 the premises (or the access to them) are unsuitable for our vehicle.

4. Risk
4.1 The goods are at your risk from the time of delivery.
4.2 Delivery takes place either:
4.2.1 at your premises or address specified by you (if we are arranging carriage).
4.3 You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within five days of delivery or the expected delivery time. You must give us(and any carrier) a fair chance to inspect the damaged goods.

5. Payment Terms
5.1 Instant payment via website.
5.2 You may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
5.3 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
5.4 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
5.5 Clause (5.4) means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.

6. Title
6.1 Your statutory rights are unaffected.

7. Warranties
7.1 We warrant that the goods:
7.1.1 comply with their description on our acknowledgement of order form; and
7.1.2 are free from material defect at the time of delivery (as long as you comply with clause 7.3).
7.2 The warranty in clause 7.1 is in addition to your statutory rights.
7.3 If you believe that we have delivered goods which are defective in material or workmanship, you must:
7.3.1 inform us (in writing), with full details, as soon as possible; and
7.3.2 allow us to investigate (we may need access to your premises and product samples).
7.4 If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.4) in full, we will (at our option) repair the goods replace the goods or refund the price.
7.5 We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);
7.5.1 direct financial loss, loss of profits or loss of use; and
7.5.2 indirect or consequential loss
7.6 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to two million pounds.
7.7 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
7.8 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

8. Specification
8.1 If we prepare the goods in accordance with your specifications or instructions you must ensure that:
8.1.1 the specifications or instructions are accurate;
8.1.2 goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
8.1.3 your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
8.2 We reserve the right;
8.2.1 to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and
8.2.2 to make without notice any minor modifications in our specifications we think necessary or desirable.

9. Return of Goods
9.1 We will accept the return of goods from you only:
9.1.1 by prior arrangement (confirmed in writing);
9.1.2 goods returned as incorrectly ordered or no longer required - the customer must pay transport costs to return stock. We will only cover transport costs for warranty items.
9.1.3 where the goods are as fit for sale on their return as they were on delivery.

10. Cancellation
10.1 You may cancel an order via email to enquiries@giddyaunt.com within 24 hours of the order being placed.
10.2 We may suspend or cancel the order, by written notice if:
10.2.1 you fail to pay us any money when due (under the order or otherwise);
10.2.2 you become insolvent;
10.2.3 you fail to honour your obligations under these terms.

11 Waiver and Variations
11.1 Any waiver or variation of these terms is binding in honour only unless:
11.1.1 made (or recorded) in writing;
11.1.2 signed on behalf of each party; and
11.1.3 expressly stating an intention to vary these terms.
11.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

12. Force Majeure
12.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
12.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

13. General
13.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
13.2 If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liability).
13.3 If any of these terms are unenforceable as drafted:
13.3.1 it will not affect the enforceability of any other of these terms; and
13.3.2 if it would be enforceable if amended, it will be treated as so amended.
13.4 We may treat you as insolvent if:
13.4.1 you are unable to pay your debts as they fall due; or
13.4.2 you (or any item of your property) becomes the subject of: a. any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b. any application or proposal for any formal insolvency procedure; or
c. any application, procedure or proposal overseas with similar effect or purpose.
13.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
13.6 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
13.7 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
13.7.1 contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
13.7.2 which expressly state that you may rely on them when entering into the contract.
13.8 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
13.9 The survey offer entitles one customer to one discount redemption per month. The 5% will be discounted from the goods value.

CONDITIONS OF SALE giddyaunt.com
giddyaunt.com Cond of Sale 22/11/05 9:59 am Page 1