Terms & Conditions
1. DEFINITIONS AND 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 attached;
"Appointment Date" means the date of the agreement as described in the Schedule/Contract attached;
"Client" means the person(s), firm or company who purchases the Goods from the Company;
"Company" means Busting Diva;
"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 Business when goods are to be delivered;
"Goods" means the garment which the Client agrees to buy from the Company and described in the Schedule/Contract hereto;
"Price" means the price for the goods excluding VAT 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 Daniele Hromek 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 described in them. They will not form part of this contract.
3. DELIVERY
3.1 Unless otherwise agreed by the Company, delivery of the Goods shall take place at the Client's address provided to the Company/at the Company's premises.
3.2 Delivery of the Goods shall be made to the Client/Client on the Delivery Date specified in the Contract/Schedule attached.
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 unless such delay exceeds 90 days.
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, 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 this 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 our terms of seven (7) days we reserve the right to take payment from the credit card provided.
6.6 Upon receipt of the deposit you will be entering into a contract with us to complete the project to your specifications. Should you decide prior to final delivery to cancel the project, or do not accept delivery, or change the brief so we are unable to complete the project within the agreed estimate or deadline, you 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 Should we be required to purchase materials or supplies on the Client's behalf, we do not provide receipts and reserve the right to include a mark up.
6.8 We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment legislation if we 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
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. GENERAL
10.1 Notification of queries or complaints shall be made to the Company verbally or in writing within seven (7) days of receipt of the Goods/Service and or invoice, whichever is the later. We shall acknowledge the complaint within three (3) days and keep Clients up to date with the progress of the investigation into their complaint.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
11. COMPLAINTS
11.1 Busting Diva endeavours to always operate a friendly, accurate and efficient service to our customers. If you feel we have failed to achieve this or have a particular complaint you wish to make, please email us at diva@bustingdiva.com. We shall acknowledge your complaint within three (3) days and keep you up to date with the progress of the investigation into your complaint.
12. COMMUNICATIONS
12.1 Communications addressed to the Company shall be sent to Busting Diva Limited diva@bustingdiva.com.