Terms & Conditions, Payment
Terms and conditions – Methods of Payments
Please read carefully. By placing an order with us or instructing us to perform services for you, you agree the following:
1. Definitions
1.1 ‘We/us/ours’ means Luz Rodriguez trading as a sole trader.
1.2 ‘You/your/yours’ means the person, firm, company, or organisation buying the Goods and/or Services subject to these Terms and Conditions (‘the Terms’).
1.3 ‘The Goods’ means the goods (including but not limited to carpets, textiles, or works of art commissioned by you) and ‘the Services’ means the services (including but not limited to research, cataloguing, databases, translations, editing and publishing, organisation of exhibitions) which are to be sold under a contract of sale (‘the Contract’), between the parties.
1.4 ‘The Supplier(s)’ means any person, firm, company, or organisation contracted by us to supply or assist in the manufacture, supply or delivery of the Goods and/or Services.
2. Formation of contract
2.1 The contract shall be formed by our acceptance of an order placed by you for the Goods and/or Services.
2.2 We will be deemed to have accepted your order by sending an email confirmation (‘the Confirmation’) of your order directly to you.
2.3 Our acceptance of any order placed by you shall be subject to the Terms which shall override any other document or any other communication (written or oral) between the parties, unless agreed in writing by us.
2.4 We may at our discretion add, vary or withdraw products listed on the www.luzrodriguez.co.uk website (‘the Website’), or on any other literature, electronic or otherwise, published by us, at any time without notice.
3. Basis of sale
3.1 All Goods and Services are supplied subject to availability.
3.2 All reasonable efforts have been made to ensure that the details, descriptive information, and specifications of the Goods and Services are as accurate and up to date as possible, and such details do not constitute a trade description.
3.3 Any errors or omissions on the Website, or on any other literature, electronic or otherwise, published by us shall be subject to correction,w ithout any liability accruing to us.
3.4 You shall be solely responsible for the accuracy of all orders.
4. Prices
4.1 The price of the Goods and Services shall be as shown on the Website or as stated (verbally) by us prior to you placing an order and will be confirmed in the Confirmation. We may increase the price prior to delivery and inform you if the increase is due to circumstances beyond our control.
4.2 We may vary the price (s) of any Goods and Services on the Website at any time and without notice.
4.3 Delivery charges for the Goods are as stated on the Website or as stated (verbally) by us prior to you placing an order and will be confirmed in the Confirmation.
4.4 Value Added Tax (VAT) is payable.
5. Payment terms
5.1 You shall make a payment of 50% of the price of the Goods or Services (as applicable) ordered at the time of placing the order, and the remaining 50% balance on delivery or as set out in the Confirmation.
5.2 Payment shall be by cheque only, which shall be made payable to Luz Rodriguez.
6. Delivery of Goods
6.1 We shall endeavour to deliver the Goods to you within 30 days of receipt of your order, unless otherwise stated in the Confirmation.
6.2 In the event that Goods ordered by you are not available at the time the order is placed, we will notify you by email of the estimated time for delivery of the Goods ordered as soon as possible.
7. Inspection of goods and action upon delivery
7.1 You shall inspect the goods immediately on delivery and no claim for shortages or errors in delivery which would be evident on inspection will be considered by us unless you notify us by telephone or email quoting the delivery note or invoice number within 24 hours of the time of delivery.
7.2 We shall not consider any claims for non-delivery of Goods unless you notify such claims to us by telephone or email within 30 days of the date of the Confirmation.
7.3 In the absence of any such notification in accordance with 7.1 or 7.2 we shall be deemed to have deivered the Goods in full to you.
8. Damage to Goods in transit
8.1 You shall report Goods damaged in transit to us immediately and in any event within 24 hours or receipt.
8.2 You shall retain any damaged Goods and their original packaging for inspection by us.
8.3 We may replace or refund the price of the Goods at our sole discretion.
9. Returns
9.1 Goods shall not be returned by you without our prior agreement, and in any event shall be returned at your sole expense and within 7 days of such agreement being confirmed in writing to you (which includes by email) by us.
9.2 Any Goods returned in accordance with Clause 9.1 must be in perfect condition, in their original packaging, and fit for resale otherwise you shall not be entitled to a refund.
9.3 This clause 9 does not apply to defective Goods.
10. Cancellation
10.a You are entitled to cancel your order within seven working days after the day the order was placed in the case of Services, or within sevend days after your receipt fo the Goods in the case of Goods.
10.2 You shall return the Goods to us at your expense and you are advised to insure the Goods adequately for this purpose.
10.3 If Goods returned by you are lost in transit, we will not be laible to you in any way whatsoever.
10.4 If you do not return the Goods within 14 days of cancellation, or if you so request, we may recover the Goods from you and deduct the cost of such recovery from any refund to which you may be entitled.
10.5 We accept cancellations of orders for Goods in writing only (which may include email).
10.6 We will refund the amount paid by you for the Goods within 30 days from the day on which notice of cancellation is received. Refunds for valid claims will be made via the same method of payment as used by you to place the order.
10.7 You waive your right to cancel the Services irrevocably in the event that the performance of the Services has commenced before you cancel.
10.8 In the event that you validly excercise your right to cancel the Services in accordance with clause 10.1, the cost of the same as paid by you will be refunded to you within 30 days.
10.9 You may cancel the Services by contacting us.
11. Termination
11.1 Either party terminate the Services at any time by contacting the other in writing, which may include email.
11.2 In the event of such termination you agree to pay us the fee pro rata for the Services already carried out by us in the event that you have not paid in advance for the Services, and we agree to pay you such unused portion of the fee in the event that you have paid in advance for the services.
12. Liability
Except for death or personal injury caused by us, we shall not be liable for any representation, implied warranty, condition or other terms or duty in common or at common law, for any consequential loss or damage, costs or expenses of whatever nature which arise from the supply of Goods or Services or their use or in the case of Goods, their resale, unless expressly provided in these Terms.
13. Risk
13.1 Risk shall pass to you where Goods are stored by us upon such Goods being stored, and in all other cases upon delivery or attempted delivery (in the event that you refuse delivery or your address cannot be found or accessed).
13.2 Risk in any Goods to be returned remains with you until the goods are delivered to or collected by us.
14. Inability to supply
We shall not be liable to you for breach of contract by reason of delay or failure to perform any of our obligations if the delay is to any extent due to a cause beyond our control including but not limited to war, fire, accident, breakdown of plant or machinery, industrial action/dispute (including strikes and lockouts), unavailability of or restriction on supplies or disputes with Supplier(s), non-delivery or delay in the delivery or materials or other circumstances which directly or indirectly or hinder due performance of the contract.
15. Third parties
The contracts (Right of Third Parties) Act 1999 is excluded from applying to the Contract and nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce these Terms, in whole or in part.
16. Non-assignment or transfer
You shall not assign or transfer or purport to assign or transfer your rights or obligations under these Terms to any other person or entity.
17. Waiver
No failure or delay by either party in exercising any of its rights under these Terms shall be deemed to be a waiver of that right, and no waiver by any party of a breach of any provision.
18. Severability
Any provision in these Terms which is or may be void, voidable, or unenforceable shall, to the extent of such voidability, invalidity or unenforceability, be deemed severable and shall not affect the continuation in force of any other provision of these Terms.
19. Client queries
All queries or complaints relating to orders should be addressed to Luz Rodriguez during office hours (Monday to Friday, 9am to 5.30 pm). We will endeavour to respond to your correspondence within 12 working days of receipt.
20. General
20.1 The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties, whether oral or in writing.
20.2 The contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.