In these terms and conditions the following word or words shall have the following meanings:
- 1.1 ‘Contract’ means each contract for the sale of goods and/or the supply of services.
- 1.2 ‘Customer’ means the individual, company or organisation named overleaf who orders the goods and/or products and services specified on the terms set out in this Contract or as notified by the Supplier to the Customer from time to time.
- 1.3 ‘Goods and/or products and services’ means the goods and/or products and services as specified in any Contract documents, which the Supplier agrees to provide to the Customer.
- 1.4 ‘Supplier’ means
2. APPLICATION OF TERMS
- 2.1 These conditions are the only conditions upon which the Supplier is prepared to deal with the Customer and they shall govern the Contract to the entire exclusion of all other terms.
- 2.2 Each order for goods and/or services by the Customer from the Supplier shall be deemed to be an offer by the Customer to buy goods and/or services subject to these conditions and any acceptance of an Order by the Supplier shall be deemed to constitute an agreement to comply with these conditions.
- 2.3 No variation to an Order or these conditions shall be binding unless agreed in writing by an authorised representative of the Supplier.
3. OBLIGATIONS OF THE SUPPLIER
- 3.1 The Supplier agrees to deliver the goods and/or products and services to the Customer subject to payment as referred to at section 4 of these Terms.
- 3.2 The goods and/or services supplied by the Supplier to the Customer under these conditions shall conform to any specification and be of satisfactory quality and fit for any purpose held out by the customer.
- 3.3 Except as set out in these conditions all warranties, conditions and other terms implied by statute or common law in relation to the goods and/or services supplied by the Supplier to the Customer under these conditions are to the fullest extent permitted by law, excluded from this Contract.
- 3.4 The date for the delivery of the goods and/or services by the Supplier to the Customer shall be the date specified in the Order, or as agreed in writing.
- 3.5 The time for delivery of the goods and/or services shall not be of the essence.
- 3.6 Any delays in the delivery of the goods and/or services shall not entitle the Customer to refuse to take delivery of the goods and/or services or terminate this agreement.
4. CUSTOMER OBLIGATIONS
- 4.1 The Customer shall be responsible for maintaining the goods supplied as recommended by the Supplier and/or the manufacturer, or if products and
services have been provided the Customer acknowledges that they have been requested in accordance with the Customer’s request.
- 4.2 The Customer shall notify the Supplier, in writing, within seven days of delivery of any problems that arise.
- 4.3 The Customer shall provide the Supplier with all and any information that is requested by the Supplier to enable the Supplier to carry out its obligations under this Contract.
- 5.1 The risk in the goods delivered by the Supplier to the Customer shall pass to the Customer on delivery.
- 5.2 Title to the goods delivered to the Customer by the Supplier shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for such goods supplied or all other sums which are or which become due to the Supplier from the Customer for the sale of the goods and/or supply of services.
- 5.3 Whilst we will do our best to produce the goods on time, we cannot guarantee a delivery date as transport and courier companies can be subject to delays.
- 5.4 Delay in approval of artwork will result in a delay in production and delivery.
6. PRICE AND PAYMENT
- 6.1 The price of the goods and/or services shall be as stated in the Contract and shall be exclusive of value added tax.
- 6.2 A non-refundable deposit may be required at the discretion of the Supplier.
- 6.3 The Customer shall pay to the Supplier the price of the goods and/or services in Full within 30 days of the date of a relevant invoice from the Supplier.
- 6.4 The Supplier reserves the right to charge any sums to which they are entitled pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debt Regulations 2002.
- 6.5 Whilst we endeavour to ensure that the prices on our website are accurate, prices may vary due to changing exchange rates, raw material costs, errors and omissions. Please call 0800 368 8844 or 020 3795 7000 to verify pricing and obtain a formal quote.
- 7.1 Without prejudice to any other rights or remedies, the Supplier may terminate the contract without liability to the Customer immediately on giving notice to the Customer if:-
- a) the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or
- b) the Customer commits a material breach of any of the terms of the Contract; or
- c) any distress, execution or process is levied upon any assets of the Customer; or
- d) the Customer is declared bankrupt, or making an arrangement with or for the benefit of his creditors; or
- e) the Customer makes a resolution for its winding up, makes an arrangement or composition with its creditors or makes an application to Court of competent jurisdiction from its creditors or an administration or winding up order is made for an administrator or receiver is appointed in relation to the Customer.
8. LIMITATION OF LIABILITY
- 8.1 This condition 8 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents consultants, and subcontractors) to the Customer in respect of: a) any breach of the Contract; b) any use made by the Customer of the goods and/or services; and c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
- 8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these conditions limits or excludes the liability of the Supplier: a) for death or personal injury resulting from negligence; or b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Supplier.
- 8.4 Subject to condition 8.2 and condition 8.3 a) the Supplier shall not be liable for: (i) loss of profits; (ii) loss of business; or (iii) depletion of goodwill/or similar losses; or (iv) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
9. FORCE MAJEURE
The Supplier reserves the right to defer the date of the delivery of goods and/or services or to cancel the Contract if it is prevented or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, war, national emergency, or probative governmental regulations.
- 10.1 The Customer shall not assign any rights or obligations under this Agreement without the prior written consent of the Supplier.
- 10.2 The Customer and the Supplier acknowledge that neither party has relied upon any oral representations made to it by the other, or its employees, or agents, and has made its own investigations into all matters relevant to the Contract. Where oral representations have been made they are only effective if confirmed in writing.
- 10.3 Any notice, invoice or other documents which may be given by either party under this Agreement shall be deemed to have been given if left at or sent by post or fax (confirming by post) to an address notified by the other party in writing as an address to which notices or other documents may be sent.
- 10.4 The Supplier’s address for service of any notice shall be its Registered Office address or any other address that the Supplier shall notify the Customer.
- 10.5 If any provision of the Contract is found by any Court, Tribunal or administrative body of competent jurisdiction to be wholly or partly invalid or unenforceable, the validity of the remainder shall not be affected.
- 10.6 Failure or delay by the Supplier in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
- 10.7 Any waiver by the Supplier or any breach of contract by the Customer shall be deemed a waiver of any subsequent breach.
- 10.8 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contract (Rights of Third Party Act) 1999 by any person that is not a party to it.
- 10.9 The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
- If you choose to enter any of the competitions on this site, it is assumed that you have
carefullyread the following terms and conditions and agree to adhere to them. All competitions are organised by Just a Drop.
- By entering a Just a Drop competition you are automatically opted-in to our newsletter (you can unsubscribe at any time) and email and mail communications from the competition prize provider.
- The entry data will not be used or made available to a 3rd party (other than the prize provider).
- Just a Drop reserves the right to amend these competition rules at any time without prior notice.
- Just a Drop may also create additional rules that may apply to specific competitions only.
- In this instance, any additional rules will be published on the relevant competition entry page.
- In the event of a dispute with regard to a competition or its outcome, the decision of Just a Drop is final and no correspondence will be entered into.
- Just a Drop reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
- An entrant must be resident in the United Kingdom and aged 18 or over, unless otherwise stated on the competition page.
- An entrant must not be a Just a Drop employee or contractor of Just a Drop or any person directly or indirectly involved in the organisation or running of the competition, or their direct family members.
- Just a Drop reserves the right to verify the eligibility of all entrants. In some instances, an entrant may need to show that they can fulfil further eligibility requirements, e.g. a valid passport, visas and/or driver’s license if a competition prize includes travel outside the United Kingdom and/or car hire.
- In the event that any competition entrant is disqualified, Just a Drop in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these rules.
- All competition entries must be received by the closing date specified on the competition entry page.
- Any entries received after this date will be automatically disqualified.
- Proof of posting, online submission or email cannot be accepted as proof of delivery or receipt of your entry.
- Just a Drop cannot accept responsibility for the delay or loss of a competition entry resulting from an action outside of its control. This includes, but does not exclusively consist of, strikes by the postal service, server malfunctions or computer bugs and viruses.
- Winners will be dawn randomly from all qualifying entries received within 28 days of the closing date, unless otherwise specified on the competition entry page.
- Tiebreakers will be judged by Just a Drop and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Just a Drop shall be final and no correspondence or discussion shall be entered into.
- Winners will be notified within 28 days of the closing date of the competition.
- Should the prize notification be returned as undeliverable, or a reply to the notification be received after the allotted time, the prizewinner will be disqualified and an alternative winner will be selected.
- If more than one prize is awarded, only one prize per entrant will be awarded.
- Winners may be requested to take part in promotional activity and Just a Drop reserves the right to use the names and addresses of winners in any publicity.
- Claims for prizes must be made within the time specified on the prize notification.
- Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternative winner.
- Prizes are non-transferable and there is no cash alternative.
- Just a Drop reserves the right to substitute prizes of equal or greater value at any time.
- Prizes are awarded at the discretion of Just a Drop and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
- All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be unless specifically stated, are the sole responsibility of the prizewinner.
- Just a Drop cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize.
- Just a Drop is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to entrants or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
- Nothing shall exclude Just a Drop’s liability for death or personal injury as a result of its negligence.
- Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party (outside Kini-Min and the competition prize supplier) without the individual’s prior consent.
- English law will govern the competition and the terms and conditions of this agreement.
- You can contact us in relation to any competition by writing to Just a Drop at email@example.com