Terms & Conditions
1. Definitions & Interpretation
1.1 In these Conditions the following words have the following meanings:
"Alterations" means any alterations or change of goods ordered by the Client as described in the Schedule/Contract;
"Appointment Date" means the date of the agreement as described in the Schedule/Contract;
"Client" means the person(s), firm or company who purchases the Goods from the Company;
"Company" means Busting Diva Limited;
"Contract" means any contract between the Company and the Client for the sale and purchase of the Goods, incorporating these Conditions;
"Delivery Date" means the date specified by the Company when goods are to be delivered;
"Goods" means the products or services which the Client agrees to buy from the Company and described in the Schedule/Contract;
"Price" means the price for the goods excluding Alterations.
1.2 In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these Conditions headings will not affect the construction of these Conditions.
2. Application Of Terms
2.1 Subject to any variation under Condition 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed upon, delivered with or contained in the Client's purchase order, confirmation of order, specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the Director of the Company. Nothing in this Condition will exclude or limit the Company's liability for fraudulent misrepresentation.
2.4 All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods and Prices described in them.
3. Delivery
3.1 Unless otherwise agreed by the Company, delivery of the Goods shall take place at the Client's address as provided to the Company.
3.2 Delivery of the Goods shall be made to the Client on the Delivery Date specified in the Contract/Schedule.
3.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
3.4 Subject to the other provisions of these Conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor will any delay entitle the Client to terminate or rescind the Contract.
4. Non-Delivery
4.1 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless written notice is given to the Company within seven (7) days of the date when the Goods would in the ordinary course of events have been received.
4.2 Where the Client rejects any Goods then the Client shall have no further rights whatsoever in respect of the supply to the Client of such Goods or the failure by the Company to supply Goods which conform to the contract of sale.
5. Risk/Title
5.1 The Goods are at the risk of the Client from the time of delivery.
5.2 Legal and beneficial ownership of the Goods shall not pass to the Client until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the Goods; and
5.2.2 all other sums which are or which become due to the Company from the Client on any account.
5.3 Until ownership of the Goods has passed to the Client, the Client must:
5.3.1 hold the Goods on a fiduciary basis as the Company's bailee;
5.3.2 store the Goods in such a way that they remain readily identifiable as the Company's property;
5.3.3 maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks. On request the Client shall produce the policy of insurance to the Company; and
5.3.4 hold the proceeds of the insurance referred to in condition 5.3.3 on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
5.4 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
5.5 The Client grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Client's right to possession has terminated, to recover them.
6. Payment
6.1 Save as otherwise agreed with the Company, upon acceptance of delivery of the Goods, the Client shall pay for the Goods in full within seven (7) days of the date of the invoice at the Price agreed with the Company at the time of the order or as otherwise agreed.
6.2 Payment shall be made by cash, cheque, credit/debit card or direct deposit.
6.3 All payments payable to the Company under the Contract shall become due immediately upon termination of the Contract.
6.4 All deposits are required in advance of commencement of work and are non-refundable.
6.5 Should payment not be received within the Company's terms of seven (7) days the Company reserves the right to take payment from the credit card provided.
6.6 Upon receipt of the deposit the Client will be entering into a contract with the Company to complete the project to your specifications. Should the Client decide prior to final delivery to cancel the project, or does not accept delivery, or change the brief so the Company are unable to complete the project within the agreed estimate or deadline, the Client will be liable to pay the full amount of the estimate plus any material or additional costs incurred within the duration of the project.
6.7 There is a minimum call out fee in effect. The Client should check in advance to find out what the fee is in relation to the product or service they are using.
6.8 Prices quoted are for the Central London area. Beyond this area a travel surcharge may be added based on distance and time.
6.9 In the case the Company are kept waiting outside the Client's premises for more than 15 minutes past the scheduled appointment time without prior notification, the Company will consider that as a cancellation and full charges will then apply. For appointments where the Company are kept waiting into the scheduled time the Client will be provided with the outstanding appointment time. An extra charge will apply if the Client wishes to add on time in order to have the full appointment subject to availability.
6.10 Prices and services may change without prior notification.
6.11 Should the Company be required to purchase materials or supplies on the Client's behalf, the Company does not provide receipts and reserve the right to include a mark up.
6.12 The Company understands and will exercise their statutory right to claim interest and compensation for debt recovery costs under the Late Payment legislation if they are not paid according to agreed terms. The daily interest, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, is 8% above base rate.
7. Limitation Of Liability
7.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
7.1.1 any breach of these Conditions; and
7.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
7.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
7.3 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
7.4 Subject to conditions 7.2 and 7.3:
7.4.1 the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contact shall be limited to the contract price; and
7.4.2 the Company shall not be liable to the Client for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
8. Assignment
8.1 The Client shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
8.2 The Company may assign the Contract or any part of it to any person, firm or company.
9. Delay Or Failure To Perform
9.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Client (without the liability to the Client) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, explosion, flood, fire or accident; war or civil disturbance; strikes or other labour disputes (whether or not relating to either party's workforce), or inability or delay in obtaining supplies of adequate or suitable materials; failure by the Client to give the Company correct contact information or failure to notify the Company of a change of address, provided that, if the event in question continues for a continuous period in excess of 90 days, the Client shall be entitled to give notice in writing to the Company to terminate the Contract.
10. Complaints
10.1 The Company endeavours to always operate a friendly, accurate and efficient service to their Clients. If the Client feels they have failed to achieve this or have a particular complaint they wish to make, the Client should email the details of their complaint to diva@bustingdiva.com.
10.2 Notification of queries or complaints shall be made to the Company verbally or in writing within seven (7) days of accepting delivery of the Goods.
10.3 The Company shall acknowledge the Client's complaint within three (3) days and keep the Client up to date with the progress of the investigation into their complaint.
10.4 Upon receiving a complaint, the Company shall arrange with the Client to review the Goods. The Client shall be required to ensure they are available to meet with a representative of the Company, or return the Goods for review within four (4) weeks of delivery of the Goods. Should the Client neglect to be available to meet within work hours or return the Goods within four (4) weeks of delivery, this will be determined to be an acceptance of delivery of the Goods, and full payment be due as per clauses 5 and 6.
11. General
11.1 The Contract/Agreement shall commence on the Appointment Date and shall continue until terminated by either party serving seven (7) days' notice on the other.
11.2 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
11.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Client will not be deemed a waiver of any subsequently breach or default and will in no way affect the other terms of the Contract.
11.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to it.
11.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
12. Communications
12.1 Communications addressed to the Company shall be sent to Busting Diva diva@bustingdiva.com.
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