These terms and conditions apply to all contacts between us/we/ (Kevin F. Casey, trading as ‘Sub Aqua Prints and Books’) and you/your (the ‘Buyer’).
In these Terms and Conditions:
- “Agreement” means the contract for the sale and purchase of the Goods;
- “Goods” means any of books, collectibles, and /or prints which the Buyer orders from the Seller in accordance with these Terms and Conditions;
- “Order” means a request for Goods which are submitted to the Seller by the Buyer, either orally or in writing, via e-mail, fax or letter;
- “Price” means the price of the Goods as displayed in the lists and catalogues contained on the Web-Site;
- “Web-Site” means the web-site and web pages of Sub Aqua Prints and Books located at www.buyhistoryprints.com.
In interpreting these terms and conditions, the singular shall include the plural and vice versa.
2. Basis of the Sale
- We shall sell and you shall buy the Goods in accordance with the Order (if accepted by us), or our written or verbal quotation (if accepted by you), and subject in either case to these Terms and Conditions.
- Any typographical, clerical or other error or omission on the Web-Site or any sales literature shall be subject to correction without any liability on our part.
- Before forwarding payment to us, you shall confirm with us that the Goods are in stock and available.
- If we do not receive payment within two weeks of receipt of an Order, the Agreement will be deemed void, and we shall be free to offer the Goods for re-sale.
4. Price and Payment
- Where applicable, all Prices are inclusive of VAT at the prevailing rate.
- Postage and Packaging are not included in the Price, and you shall be liable to pay our charges for transport, packaging, and if specifically requested by you, the cost of insurance upon dispatch of the Goods.
- Payment may be made by cheque or by a credit or debit card approved by us and which appears on the Web-Site.
- Overseas Buyers not paying by credit card may pay by any of the following options:
- in U.K. Pounds Sterling by International bankers draft drawn on a U.K. bank;
- by U.K. Pounds Sterling travellers cheques;
by foreign currency cheques, which shall attract an additional currency conversion charge of ten U.K. Pounds Sterling (£10).
- The time of payment of the price shall be of the essence of the Agreement. Receipts for payment will be issued only upon request.
5. Quality and Description of the Goods
- All prints are original, unless otherwise stated, and are printed on or about the date quoted in the catalogue appearing on the Web-Site.
- Goods are described by reference to the abbreviations list which appears on the Web-Site and which is annexed to these Terms and Conditions.
- All prints are mounted.
- Prints are unframed, but we provide a bespoke framing service upon request, to which these terms and conditions also apply.
- Print Sizes quoted on the Web-Site are inclusive of the mount board.
6. Delivery of the Goods
- We shall deliver the Goods by dispatching them to the address specified by you in your order.
- We shall only dispatch the Goods to you upon receipt of cleared funds for the price of the Goods in question.
- Unless specifically requested by you, the type and classification of postage shall be at our sole discretion.
- Time of delivery is not of the essence of the Agreement.
7. Risk and Insurance
- Risk of damage, destruction or loss of the Goods shall pass to you upon dispatch of the Goods to you.
- If so requested, we can supply an Insurance quotation to cover the Goods during transit.
- No waiver by us of any breach of the Agreement by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of the Agreement is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected.
- The Agreement shall be governed by the laws of England, and we each agree to submit to the jurisdiction of the English courts.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- Except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- We will not be liable for any consequential loss or damage arising out of defective, damaged or wrongly delivered goods over and above the value of the goods themselves. This does not affect your statutory rights.
9. Return, Refund and Cancellation Policy
- Subject to your statutory rights, if you decide within 14 days of the date on which you receive your Goods that you do not wish to retain them, you should return them to us in their original condition and packaging (with your receipt). Upon receipt, we will refund you the sum (by cheque) you have paid to us in respect of the returned Goods.
- Goods which have been adapted especially for you (for example, framed or coloured according to your specification) may not be returned nor will we provide any refund unless it is defective or has been accidently damaged by us in the course of delivery/packaging.
Please see our abbreviations list