1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning as described in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means PonyBeads UK, whose office address is 147 The Crescent, Andover, Hampshire SP10 3BN;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.ponybeads.co.uk and eBay seller “superbeadsltd”.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer;
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer;
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions;
2.4 Any variation to these Terms and Conditions including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller;
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller;
3.2 The Seller may choose not to accept an order for any reason;
3.3 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order;
3.4 Any order cancelled due to unavailable Goods will receive a full refund within 5 working days.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website;
4.2 The price quoted is for a single pack of the item and the quantity within that pack is subject to a 2% variance;
4.3 The delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order;
4.4 After the order is received the Seller shall confirm by email the details, description and price for the Goods;
4.5 Payment of the goods and delivery charges must be made in full before dispatch of the Goods.
4.6 We are not VAT registered as our current taxable sales falls under the UK thereshold.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time;
5.2 The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order;
5.3 The Seller reserves the right to withdraw any Goods from the Website at any time;
5.4 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1 Goods supplied will normally be dispatched within 1 working day of acceptance of order and delivered within 7 working days;
6.2 If an order contains an item marked as stock due soon or out of stock your order will be held until all items become available;
6.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery;
6.4 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
6.5 Risk in the Goods shall pass to the Buyer upon dispatch of the Goods;
6.5.1 All Goods are considered dispatched the next working day after email confirmation is sent from our system;
6.5.2 Claims for lost Goods must be made within 21 days of confirmation of dispatch;
6.6 In the event of lost deliveries by the carrier, depending on your chosen delivery option, the Seller will;
6.6.1 Special Delivery & Courier Service - Replace or refund within 3 days of the scheduled delivery date and then submit a claim to carrier to reclaim the cost;
6.6.2 Standard & Recorded Delivery - Submit a claim on your behalf and then refund replace or refund upon confirmation of the lost by the carrier;
6.7 Once you have selected your required delivery service in the "Shipping & Handling Options:" menu and your order is submitted, the delivery service can not be changed or refunded.
6.8 NO ORDERS WILL BE SHIPPED BETWEEN 13/06/2014 AND 30/06/2014
7 CANCELLATION AND RETURN
7.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 14 days;
7.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 7 days if the Goods are damaged or do not comply with any of the Contract;
7.3 If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods;
7.4 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund if the Goods are in fact defective;
7.5 As a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email within 7 working days of receipt or attempted delivery of the Goods;
7.6 Goods must be returned by the Buyer at the Buyer’s expense within 14 days of cancellation in the original packaging and should be adequately insured during the return journey;
7.7 The Buyer will receive a refund of the value of the Goods, less a charge of 20p for the payment handling plus the delivery charge;
7.8 If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer;
7.9 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8 LIMITATION OF LIABILITY
8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller;
8.1.1 The remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods;
8.1.2 The Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever;
8.2 Our products are not suitable for the use of children under the age of 5 years old.
9.1 No waiver by the Seller (whether expressed or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future;
10 FORCE MAJEURE
10.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control;
11 CHANGES TO TERMS AND CONDITIONS
11.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
11.2 All such amendments will be noted with the date and available on the Website
12 GOVERNING LAW AND JURISDICTION
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.