TERMS & CONDITIONS
TERMS AND CONDITIONS
A. TERMS AND CONDITIONS OF TENT SALE
Definitions
“we” “us” and “our” means the Raj Tent Club Limited
“you” and “your” means the Customer identified on our Confirmation Order and Invoices
“the Goods ” means the tent(s).
1. Quotations
We will send you a written quotation (“Quotation”) on which you have 14 days to accept from the date of the Quotation. Whilst every effort is made to keep within the original Quotation, we reserve the right to amend the Quotation at any time during the 14 day period in the event that the Goods unexpectedly becomes unavailable or the cost of the Goods materially increases.
2. Confirmation of Orders
Your acceptance of the Quotation constitutes an Order by you. We will write to you (which may be electronically) to confirm the order (“Confirmation Order”) and provide you with an invoice for a deposit of 50% of the Quotation (“Deposit Invoice”) at which point there is a binding Contract (“the Contract”) between you and us but subject to the payment by you of the Deposit Invoice in accordance with clause 3 below, and you signing and returning a copy of our Terms & Conditions.
3. Payment
The Deposit Invoice is payable by you by BACS, electronic bank transfer or cheque drawn on a UK clearing bank and the balance, that is, the remaining 50% of the Quotation, also by way of the same method is payable by you prior to the dispatch of the tent from our UK warehouse or from our factory in India. We reserve the right to cancel the Order should a cheque not be met on first presentation or if prenotification of a BACS transfer is not honoured by your bank. All delayed payments are subject to interest at two per cent (2%) per month from the date payment fell due to the date of actual payment.
4. Cancellation
Upon receiving the Deposit from you, you forfeit the right to cancel the Order and the full price of the Order remains payable. We may exercise our discretion in allowing you to cancel the Order but in the event that we do agree to do so, the Deposit is strictly non refundable. We will consider any request for postponement of the shipment date or dispatch date subject to our other commitments but no guarantee can be offered that postponement is possible. In any event any postponement will be subject to a surcharge of 10% of the Quotation which shall be payable immediately.
5. Risk and Title
The Goods will be your responsibility from the time of delivery. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods including any delivery charges.
6. Delivery
Any dates quoted for delivery of the Order are approximate only and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Order that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Order. If you fail to accept or take delivery of the Order within 14 days of us notifying you that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by our failure to comply with its obligations under the Contract in respect of the Goods we shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
7. Limitation of liability:
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
7.1
Nothing in these Terms and Conditions shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
7.2
Subject to this clause:
We shall under no circumstances whatsoever be liable to the you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. This clause shall survive termination of the Contract.
8. Insurance
All Goods are fully insured from the time of dispatch from our factory in India to delivery to you.
9. Force Majeure
For the purposes of these Terms and Conditions a Force Majeure Event means an event beyond our reasonable control of including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. We shall not be liable to you as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. If the Force Majeure Event prevents us from installing the Goods we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
10. Whole Agreement
The Confirmation Order and our Terms and Conditions embody the entire understanding of you and us in respect of the matters contained or referred to in them and there are no promises, terms, conditions oral or written, express or implied, other than those in the Confirmation Order and our Terms and Conditions
11. Jurisdiction
The agreement between us is subject to the law of England and Wales and to the non-exclusive jurisdiction of its Courts.
B. TERMS AND CONDITIONS OF ON LINE SHOP
Definitions
“we” “us” and “our” means the Raj Tent Club Limited.
“you” and “your” means the Customer identified on our Dispatch Confirmation.
“RTC” means us.
1. How the contract is formed between you and us
1.1 After placing an order (“Order”), you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product(s). All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
1.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2. Orders Outside the UK
2.1 We will accept Orders from anywhere in the United Kingdom but shall increase postage charges by way of a surcharge of £10 and this surcharge will apply to the following postal addresses: In the Highland and Islands of Scotland: IV, HS, KA27-28,KW, PA, PH, ZE, AB, DD; Northern Island, Isle of Man and Isles of Scilly: BT, IM, TR21-25; The Channel Islands: GY, JE. For all other Orders in the EU and the rest of the world, please contact our office for a quote. Some restrictions may be placed on the extent to which we accept Orders from specific countries. The standard shipping charges will not apply to large or extremely heavy items and we will quote shipping charges for these upon request.
2.2 For shipping of Products to the EU and elsewhere, please contact the RTC London office.
3. Consumer rights
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
4. Refund Policy
4.1 We will refund any purchase in full (to the credit/debit card used for the purchase) provided that the item bought is returned in a fully saleable condition in its original and undamaged packaging no later than 14 days after receipt of the Product by you. You will be liable for the return shipping charges except in the case we find that the Product is defective or that the Product has been delivered in a damaged state. In either of case we will refund the return shipping charges to you. Where the Product has arrived defective, you must notify us immediately and in any event no later than 7 days after receipt. We cannot entertain any defective claims notified after the 7 day period. Once we have received the Product within 14 days of delivery to you and we have approved the damage claim we will be happy to replace the Product or refund the purchase to the credit/debit card used at the time of purchase together with the return shipping costs.
5. Price and Payment
5.1 The price of the Products and our delivery charges will be as quoted on our website from time to time, except in cases of obvious error. Product prices include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Product in full before the change in VAT takes effect.
5.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.3 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakeable and could have reasonably have been recognised by you as an error, then we do not have to provide the Product to you at the incorrect (lower) price.
5.4 Payment for all Product must be by credit or debit card. We will not charge your credit or debit card until we dispatch your Order.
6. Risk and Title
The Product will be your responsibility from the time of delivery. Ownership of the Product will only pass to you when we receive full payment of all sums due in respect of the Product including any delivery charges.
7. Availability and Delivery
7.1 Any dates quoted for delivery of the Order are approximate only and the time of delivery is not of the essence. All Products on our website are described either as being “in stock”, “out of stock” or “by special order only”.
7.2 Products in stock: we will endeavour to dispatch the Product within 4 days of your Order if delivery is inside the UK and within 10 days maximum.
7.3 Products out of stock: in the event that the goods are temporarily out of stock, you are required to contact our London office by telephone or email and you will be informed as to when the next delivery of the item(s) is expected.
7.3 By special order only: These items are either individually customised items or items which are not held in stock in the UK. You are required to contact our London office by telephone or email and will be advised of the anticipated delivery date.
7.4 We shall not be liable for any delay in delivery of the Order that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Order. If you fail to accept or take delivery of the Order within 14 days of us notifying you that the Products are ready, then except where such failure or delay is caused by a Force Majeure Event or by our failure to comply with its obligations under the Contract in respect of the Products we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
8. Warranty
8.1 We warrant to you that any Product purchased from us through our website will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
8.2 Notwithstanding clause 8.1, some of the Products we sell on our website are antiques or vintage items and as such will have inevitable signs of age. These are regarded as adding to the charm of the item and will not be regarded or treated as defects. It is for this reason that for some Products we ask you visit to our warehouse in order that you can see clearly what you are purchasing.
8.3 If a Product's description includes measurements, where those measurements are in centimetres we are unable to provide a precise imperial equivalent.
9. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
9.1 Subject to clause 7, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.Subject to clause 7, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.
However, this clause 9 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 9.
9.2 Nothing in these Terms and Conditions shall limit or exclude the our liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
9.3 Subject to this clause, we shall under no circumstances whatever be liable to the you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.4 This clause shall survive termination of the Contract.
10. Force Majeure
For the purposes of these Terms and Conditions a Force Majeure Event means an event beyond our reasonable control of including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms and Conditions as a result of a Force Majeure Event.We shall not be liable to you as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. If the Force Majeure Event prevents us from installing the Goods we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
11.Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
12. Severability
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13. Entire agreement
13.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
13.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of,] any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
13.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
13.4 Nothing in this clause limits or excludes any liability for fraud.
14. Our right to vary these terms and conditions
14.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
15. Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
16.Third party rights
A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
