Terms & Conditions
1.1"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "Seller" means gangstermemorabilia.com
1.5 "Agent" means gangstermemorabilia.com, who organise the domestic delivery and returns
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 owner, or the agent;
1.7 "Website" means www.gangstermemorabilia.com
2.1 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.
2.2 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.3 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, or agent.
2.4 Any complaints should be addressed to the agent address.
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. The Seller may choose not to accept an order for any reason.
3.2 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 and receive a full refund within 28 days.
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery/redelivery charges must be made in full before dispatch of the Goods.
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. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 Goods supplied within the UK will normally be delivered:
My Hermes or Royal mail.
Losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.3 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. If Buyer wish to change the delivery address and an order is in status: "ORDER PROCESSING" should contact email@example.com. The Seller and the agent cannot be held responsible if this delivery address is incorrect.
7.4 Orders not received must be reported within 7 working days after the chosen delivery date where applicable. Agent cannot be held responsible for items that go missing in the post.
7.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time at the time delivery was attempted.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8. CANCELLATION AND RETURN
8.1 Cancellation of the purchased Goods can be made by Buyer who had registered with us. Cancellation option is available during purchase procedure and when order status is "ORDER PROCESSING".
8.2 The Buyer may cancel the Order for any reason until the order has status "ORDER PROCESSING", but no later than the end of the 7th Working Day after the day of receipt of the Goods. You should cancel Goods purchased from us by sending an e-mail to firstname.lastname@example.org. On cancellation of an order, you must return the Goods to us in their original condition and undamaged. When you cancel an order, you will have to pay the delivery costs for returning the Goods to us unless we have not been able to supply the Goods as ordered and have substituted alternative Goods. You must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged whilst in transit. If you do not arrange to return the Goods to us, then you are under a duty to make the Goods available for collection at your expense from the address to which they were delivered.
8.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller on store email address, or contact directly gangstermemorabilia.com within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.4 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Agent within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.5 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective.
8.6 Goods must be returned by the Buyer at the Buyer’s expense within 28 days in the original packaging and with original unopened packs and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods including return postal charges. A refund will only be made using the same method of payment as used for the initial purchase and in the case of a card purchase to the same card as used for the purchase. If the Buyer fails to return the Goods within seven days from the date of returning request Representative will cancel the request.
9. LIMITATION OF LIABILITY
9.1 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 the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. FORCE MAJEURE
11.1 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, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS
13.1 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.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of United Europe and the parties hereby submit to the exclusive jurisdiction of the European Communities.