In this document, unless the content requires otherwise:
1.1 “Buyer” means the person or organisation that buys or agrees to buy goods and service from Artpack.
1.2 “Conditions” means the terms of any transaction set out in this document and any specific terms and conditions agreed in writing by Artpack.
1.3 ‘Delivery Date’ means the date specified by Artpack when goods are to be delivered to the buyer.
1.4 “Goods” means the product and/or service which the buyer agrees to purchase from the Artpack.
1.5 “Price” means the price of goods and services excluding shipping, packing and insurance.
2. APPLICABLE TERMS
2.1 These conditions shall apply to all goods purchased by the buyer from Artpack and excludes all other terms and conditions including any which the buyer may claim to apply. These conditions amount to the entire agreement between the buyer and Artpack with respect to the subject matter contained within the contract and supersedes all previous agreements and understandings between the buyer and Artpack.
2.2 All orders for goods and services shall be deemed as an offer by the buyer to purchase goods in regards to these Conditions.
2.3 Acceptance of delivery of goods by the buyer shall be deemed conclusive evidence of the buyer’s acceptance of these terms and conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the buyer and Artpack. 3. PRICE & PAYMENT
3.1 Artpack reserves the right to increase the price of the goods to reflect any increase in cost due any factor beyond the control of Artpack such as and without limitation any exchange rate fluctuation, changes in regulations or duties, increased labour costs or as a consequence of delivery date changes, quantities or specifications by the buyer or any delays caused by late instruction by the buyer or failure of the buyer to give Artpack adequate instruction.
3.2 All goods, design and labour shall be paid in full prior the design, manufacture and despatch of goods. Property of goods will not have passed to the buyer until payment is received in full and all sums due from the buyer to Artpack have been received in full.
3.3 Artpack reserve the right to suspend or cancel orders of any goods should inappropriate payment be made by the buyer.
4. DELIVERY OF THE GOODS
4.1 Artpack reserves the right to make deliveries by instalments in all cases. Where goods are delivered by instalment, the buyer shall not be entitled to treat delivery of one or more instalment as defective delivery or to accept repudiation of the contract nor to defer payment for any previous instalment.
4.2 Time shall not be of the essence for any delivery dates quoted by the Artpack, its employees or agents and delivery dates are estimates only.
4.3 Artpack shall not be liable for any loss or damage (including without limitation loss of profits and/or consequential losses and/or direct and/or indirect losses) arising from any delay in delivery of the goods howsoever caused.
4.4 If no delivery of the goods is made by Artpack at all as a result of any cause beyond the Artpack’s reasonable control or as a result of the buyer’s fault, Artpack shall not be liable for any loss or damage (including without limitation loss of profits and/or consequential losses and/or direct and/or indirect losses). If no delivery of the goods is made by the Artpack at all as a result of any other reason, Artpack’s liability shall be limited to the difference in value between the price of the goods and the cost to the buyer of the same (or if unavailable the nearest equivalent goods in the cheapest available market to the buyer and the buyer shall be required to use all reasonable endeavours to obtain the replacement goods at the cheapest possible price.
5. INSPECTION OF GOODS AND DEFECTIVE GOODS
5.1 The buyer shall inspect the goods immediately upon delivery and within three (x) days of delivery shall give notice in writing to Artpack of any alleged shortages in the goods or of any damage to or defect in the goods or of any other matter or item by reason whereof the buyer alleges that the goods are not in accordance with these conditions. If the buyer fails to give such notice then the goods shall be conclusively presumed to be in accordance with these conditions in all respects and the buyer shall not thereafter be entitled to reject the goods or to claim from the Artpack in respect of any shortage, damage or other defect in the goods.
5.2 If requested by the Artpack, following notification of damage or other defect, defective Goods shall be returned promptly by the Buyer to the Artpack.
5.3 In the event that Goods are deemed defective by the buyer as a result of negligence exhibited by Artpack then the goods are to be returned to Artpack for determination of fault. The buyer is required to notify the fact of damage or defect or shortages prior to remedial actions being undertaken by Artpack.
5.4 If there is a fault with the Goods, details of the fault must be emailed to the Artpack at firstname.lastname@example.org within seven (7) days. The buyer must return the faulty or damaged goods within 7 days of notification of this damaged or defect. The buyer will initially fund the return of goods to Artpack. Upon inspection of returned good where these goods are deemed by Artpack to be defective or damaged or do not meet the the terms and conditions laid out in this document then Artpack will fund delivery of replacement goods to the buyer and reimburse the buyer return delivery costs to a maximum value of £12.50 inclusive of Value Added Tax.
8. ARTPACK’S WARRANTIES
8.1 Artpack warrants that all goods sold shall be free of defects on materials and workmanship and shall be of satisfactory quality and fit for the purpose for which they have been purchased. Artpack makes every effort to ensure that the colour of the goods is as close as possible to the colour required, however cannot warrant an exact colour match. Artpack warrants that any variation will be within tolerances accepted by industry standards.
8.2 The buyer assumes all responsibility of the goods ordered with regards to suitability for purpose. It would be the Buyers responsibility to select the product line appropriate for them, and to have researched, viewed and queried the features of said product before purchase. Artpack cannot be held accountable for the rejection of goods on these grounds.
8.3 The warranty shall be revoked without notice if the buyer or any third party, to the exclusion of the Artpack, undertakes any repair or alteration or modification to the goods.
8.4 Artpack shall assume no obligation to honour warranties of any kind in case of neglect, improper adjustment or excessive or inappropriate use.
8.5 Artpack has taken all necessary measures to ensure the materials used are suitable for purpose, but cannot be held liable for the improper supply of said materials directly from the manufacturer.
8.6 Any item rejected by the buyer more than x days after initial purchase with emphasis on warranty, can be returned to Artpack for investigation and report back to the Buyer. Any action taken is to be determined by Artpack and will be decided on an individual assessment of case basis.
9.1 These Conditions shall supersede any previous terms and conditions of trading entered into between the Buyer and Seller.