Terms and Conditions
Application of Conditions
The Seller shall sell, and the Buyer shall buy the Product based on a quotation or offer from the Seller which the Buyer accepts, or an order from the Buyer that the Seller accepts. In both cases, the transaction is subject to these Conditions, which shall apply to the Contract, and shall override any other terms and conditions.
Interpretation
Applicable interpretations:
" Buyer" is the person or persons who agrees a quotation or offer of the Seller for Goods or whose order for the Goods is accepted by the Seller.
" Seller" is ethosheaven.com
" Goods" are the goods (or any part delivery of goods) which the Seller has contracted to supply in line with these conditions.
" Contract" means the contract for the purchase and sale of the Goods in line with these conditions.
" Conditions" are the standard terms and conditions of sale published in this document and include any special terms and conditions that have been agreed in writing by Buyer and Seller.
" Delivery Date" is the date when the Goods are scheduled for delivery as agreed in the order and confirmed by the Seller.
" Business Day" identifies the working day, which usually precludes Saturday, Sunday, and Bank Holiday, relating to the transaction.
" Month" is calendar month.
" Writing" can be in various forms including via web pages, email, telex, facsimile transmission, or letter.
Where reference is made to a statute within these Conditions, it shall be applicable at the relevant time in the form in which the statute currently exists. The headings employed in these conditions are for convenience.
The Sale
1. Ethos Heaven's employees or agents are only permitted to make representations about the Goods if confirmed by us in writing. By entering into a Contract, the Buyer accepts that he or she is not relying on and is prepared to waive any claim for any breach where written confirmation has not been provided.
2. These Conditions are binding unless there is a written agreement stating otherwise from both Buyer and Seller.
3. Ethos Heaven, as the Seller, reserves the right to alter web pages, sales literature, price lists and other documents relating to the Goods without notice. No contract for the purchase of Goods shall be binding on the Seller without the Seller issuing a quotation which is regarded an offer to sell the goods. The Seller may accept an order placed by the Buyer either by
- Seller's written acceptance.
- The delivery of the Goods.
- The Seller's invoice.
Orders and Specifications
1. An order is only regarded as accepted when there is written acceptance by the Seller or authorised agent.
2. The details the Goods that are available are those described on the webpages and sales documentation. Orders are accepted in minimum units or multiples thereof. All Images and descriptions on all company literature and publications are intended as a guide to Buyers and not binding upon the Seller.
3. The Seller reserves the right to change specifications of the Goods in order to conform with any applicable safety, statutory or regulatory requirements from time to time. Goods supplied to the Seller's specification, may be changed without affecting their quality or performance.
4. No order already accepted by the Seller may be cancelled by the Buyer without written agreement in writing of the Seller. The Buyer will indemnify the Seller against all losses and costs (including loss of profit and cost of all labour and materials used), damages, charges and any other expenses incurred by the Seller because of the cancellation.
Pricing
1. The price of the transaction shall be that listed in the Seller's web pages and/or current, published price list on the date of the Buyer order's acceptance or such the price agreed in writing by both Buyer and Seller. Any prices quoted by the Seller that differs from Seller's web pages and/or published price list shall be valid for a maximum of 7 days or less as solely decided by the Seller.
2. The Seller is permitted, as long as informing the Buyer, to increase a price prior to delivery should the Seller's costs increase beyond the latter's control. Typically, that can be a result of currency fluctuations, or custom/duty increases. Should the Buyer change any relevant instructions such delivery date or address, that may result in price increases.
3. The Seller will permit quantity discounts based on the conditions described on its web pages and/or the current published price list on the date of order acceptance. The Seller will allow any settlement discount agreed in the Contract where payment is made by the due date and in line with the payment terms described in these Conditions unless other amounts remain owing to the Seller.
4. All prices are inclusive of Seller's costs of product, packaging, and delivery within the UK, unless otherwise stated in the Contract and agreed in writing. In addition, the price includes any value added tax excise, sales or taxes or similar levies imposed or charged by fiscal authorities.
5. Unless agreed in writing in advance, the Seller shall require full payment for the price of the Goods before delivery or collection is processed. Receipts will be issued upon request from the Buyer. Payment shall be in pounds sterling as indicated in the Contract and on the Invoice.
Delivery
1.The Seller shall deliver the Goods worldwide address provided in the order and/or the Seller's accepting a delivery location. Where no such delivery address is specified, the Buyer can collect the Goods at the Seller's premises subject to prepayment and written confirmation that they are ready for collection.
2.The Delivery Date and Time are approximate and not a legal commitment within the Contract. The Goods can be delivered by the Seller before the specified date provided reasonable notice is given to the Buyer.
3. Instalment deliveries constitute separate contracts with no penalty for future non delivery.
Risk and Ownership
1. Risk of damage to Goods or their loss of the Goods shall become the responsibility of the Buyer when:
The Goods are delivered at the Seller's premises, the time when the Seller notifies the Buyer that the Goods are available for collection.
The Goods are delivered other than to the Seller's premises at the agreed time, particularly when the Buyer fails to take delivery.
2. The Goods remain the property of the Seller until paid for in cash or cleared funds.
3. Until such time as the property in the Goods passes to the Buyer:-
the Buyer may act as the Seller's agent and bailee, keeping Goods of the Buyer and any third party, separate, properly stored, insured, and properly identified.
the Buyer may resell or use all Goods but must fully account for them to the Seller including insurance income.
the Seller may require the Buyer return Goods to the Seller and, repossess them by entering the storage area if necessary.
4. The Buyer cannot pledge or charge as security for any debt any goods belonging to the Seller.
Defaults
Seller
If the Seller fails to deliver on the due date, he/she has no liability. The Buyer may cancel the order if the Buyer fails to deliver the Goods where delivery is not made within 4 business days after written notice is provided within 10 days of the original delivery date. The Seller's liability shall not exceed the cost of replacement product of similar quality.
The Seller shall not be liable to the Buyer in any way for delay in fulfilling a Contract if the reason was beyond the Seller's control, such reasons being:
Industrial action, strikes or trade disputes.
Import/Export regulations.
Legal acts and restrictions.
War, sabotage, and civil disturbances.
Fire, flood, accident, or act of God.
Buyer
Where payment is not made on the due date, the Seller may cancel the order or suspend any further deliveries. Appropriate interest can be charged to the Buyer at an agreed rate until full settlement is made.
Defective Goods
Where Goods are defective in any material respect, the Buyer legitimately refuses delivery of such defective Goods or, if they are signed for on delivery as "condition and contents unknown" the Buyer subsequently provides written notice of such defective condition within reasonably time, the Seller shall:-
Replace the defective Goods within 14 days of receiving the Buyer's written notice.
Refund the price for the goods which are defective as an alternative.
The Seller shall have no further liability under the Contract. Unless agreed in writing, Goods may not be returned. Buyers will not receive any credit for returns that are not authorised.
Confidentiality, Publications and Endorsements
The Buyer undertakes that:
All Contracts are confidential, and any information obtained by the Buyer will not be used in any way that might harm the Seller's business. All disclosures must be agreed in writing.
No use of the Seller's name, licensed trademark, emblem, or symbol will be made on any web site, premises, stationery, or advertising without written approval of the Seller.
It will use all every endeavour to ensure its employees, servants, and agents comply with these conditions.
This Condition will continue after the termination of the Contract.
