If
you wish to buy Goods via this Website, you must agree to the terms below as the
exclusive basis which governs such transactions.
If you do not agree to any of the terms, do not use this Website.
1.
Definitions
1.1
In these Terms of Business the following expressions shall
have the following meanings save where the context otherwise requires:
1.1.1
"Details" the details which You must provide upon
ordering Goods via the Website including physical address, email address, age,
bank account and credit, debit or charge card details.
1.1.2
"Fee" means the fee shown on the Website for the
provision of the Goods exclusive of value added tax which where applicable shall
be payable by You at the rate for the time being in force in the United Kingdom.
1.1.3
"Goods" any item produced and supplied by VADESHA
pursuant to these Terms.
1.1.4
"Sale" a sale effected via the Website.
1.1.5
"Terms" means these terms and conditions between
VADESHA and You.
1.1.6
"Vadesha" means Vadesha Properties Limited, 314 Uppingham Road, Leicester, LE5 2BE,
England.
1.1.7
"Website" means VADESHA’s website located at
www.property-system.com.
1.1.8
“Working Days” means Monday to Friday 9am to 5pm excluding
bank, public and statutory holidays.
1.1.9
“You” means the person who enters Details.
1.2
The clause headings and any other headings are inserted for
convenience only and shall not affect the construction of these Terms.
2.
Use of Website
2.1
In seeking to purchase Goods via this Website You must provide
accurate the Details.
2.2
You hereby warrant to VADESHA that You are at least eighteen
years of age and legally able to enter into contracts for the Goods.
2.3
VADESHA reserves the right to withdraw any Goods from the
Website without prior notice and to refuse any orders for Goods made by You.
2.4
Your Details and data relating to Your use of the Website will
be recorded by VADESHA but this information shall not be disclosed to third
parties nor used for any purpose unrelated to the Website.
2.5
VADESHA may send a small file to Your computer when You visit
the Website. This
"cookie" will enable VADESHA to track Your behaviour on the Website
and to identify particular areas of interest so as to enhance Your future visits
to the Website. The cookie will not
enable VADESHA to identify You and VADESHA shall not use it otherwise than in
relation to this Website. You can
set its computer browser to reject cookies but this may preclude use of certain
parts of this Website. VADESHA will not use Your data for any other purposes
than as set out in these Terms except that VADESHA may disclose this data if
compelled to do so by law, or at the request of a law enforcement agency or
governmental authority. By clicking
“order” or any similar link indicating your wish to order a product or
service, you specifically agree to these terms regarding use of Your data.
2.6
If You do not want VADESHA to use Your email address to send
information concerning the Website and related matters, You should send a
message to deep@property-system.com and insert “unsubscribe” as the subject
heading.
3.
Orders
3.1
All orders You place for Goods displayed on the Website are
subject to availability and it is Your responsibility to ensure that Your order
is correct.
3.2
Orders for Goods will only be taken for delivery of Goods to
such countries as indicated on the Website.
3.3
Any representations of the Goods shown on the Website are
provided for the purposes of guidance only.
3.4
You are responsible for the payment of any local taxes due
upon delivery and/or import of Goods to You by VADESHA and You indemnify and
will keep indemnified VADESHA against any claim for such payments and/or taxes.
4.
Payment
4.1
You agree to pay the Fee at the time You place Your order.
4.2
Once You have confirmed Your order [on the secure payment
screen] it cannot be cancelled or changed except in accordance with clause 6
of these Terms.
4.4
VADESHA will enclose with Goods it delivers to You a copy of
its invoice showing the Goods ordered and amount paid.
4.5
Non-delivery by any third party (including but not limited to
the Royal Mail) shall not give You any right to delay payment to VADESHA or to
make any claim whatsoever against VADESHA.
5.
Risk and Title
5.1
Risk in the Goods shall pass to You upon payment of the Fee
or, if earlier, upon delivery of the same to You.
Title to the Goods shall pass to You only upon payment in full (in cash
or cleared funds) of the Fee and You shall hold the Goods as bailee for VADESHA
until VADESHA has received payment in full of all Fees outstanding to it from
You.
6.2
If You decide to cancel a purchase You must notify VADESHA by
telephone to
0116 2460205
or email to deep@property-system.com and if You have
received the Goods, You must return them to VADESHA by recorded mail enclosing
the invoice.
6.3
Upon cancellation of an order VADESHA will refund the whole
sum paid by You (including costs of postage and packing for delivery to You)
within 30 days of You notifying VADESHA of cancellation. You are responsible for
the cost of returning the Goods to VADESHA upon cancellation of an order. If You
do not return the Goods cancelled to
VADESHA it will arrange to collect them and will deduct the cost of such
collection from the refund due to You. This does not affect the moneyback
guarantee unique to the product in question offered by Vadesha.
6.4
If any of the Goods You receive are corrupted, defective or do
not match the order placed, You may return them to VADESHA by recorded mail or
e-mail enclosing the invoice and stating the nature of the corruption, defect or
mistake and if it is satisfied that the Goods are corrupt, defective or
do not match the order You placed, VADESHA will replace such Goods or refund of
the Fee [and the cost of returning those Goods.] This does not apply to Goods
damaged in transit for which please refer to clause 5.2
.
6.5
VADESHA’s sole liability to the Client for Goods which are
corrupt, defective or which do not match the Client’s order shall be limited
to replacement of those Goods or refund of the Fee [and delivery charges].
7.
Warranty and Limitation of Liability
7.1
VADESHA warrants that Goods purchased through the Website will
be of satisfactory quality and fit for the purpose for which they are supplied.
7.2
VADESHA shall not be liable to any person for any loss or
damage arising from the use of any Goods or information displayed on the
Website.
7.3
VADESHA shall not in any event be liable (whether in contract
or otherwise) for any indirect loss,
consequential loss, loss of profit, revenue, data or goodwill howsoever arising
suffered by You or for any wasted management time, failure to make anticipated
savings or liability You may incur to any third party arising in any way in
connection with these Terms or otherwise whether or not such loss has been
discussed by VADESHA and You pre-contract or for any account for profit, costs
or expenses arising from such damage or loss.
7.4
VADESHA’s aggregate liability in respect of these Terms and
any matter arising out of it (including claims whether made in contract or tort)
shall be limited to a sum equal to twice the Fee excluding VAT.
7.5
VADESHA shall not be liable for any loss or damage of any
nature caused by or arising from errors in or material
omissions from the Goods.
7.6
Subject as expressly provided in these Terms all warranties,
conditions or other terms implied by statute or common law are excluded to the
fullest extent permitted by law.
7.7
Nothing in this clause shall operate so as to exclude
VADESHA’s liability for death or personal injury arising out of its
negligence.
7.8
Each foregoing sub-clause of this clause shall constitute a
separate and severable provision. The
provisions of this clause shall continue in effect notwithstanding the
termination, completion or any other matter which might otherwise cause these
Terms to become ineffective.
8.
Miscellaneous
8.1
These Terms shall form the entire agreement between the
parties and supersede any previous agreement and (save so far as expressly
preserved hereby) representations oral or otherwise made by either of the
parties. You warrant that You have
not relied on any representation made by VADESHA in entering into this
agreement.
8.2
Failure by either party at any time to enforce any right claim
or provision of these Terms or arising hereunder shall not be construed as a
waiver of such right, claim or provision.
8.3
All notices to VADESHA shall be given by You in writing to the
address shown above. All notices to You shall be given in writing to Your email
address or to the address You have given for delivery of Goods. All notices may
be served by personal delivery or first class post. Any notice given by post
shall be deemed to be received by the party to whom it was given 48 hours after
posting (excluding Saturday, Sundays and UK bank and public holidays). Notices
given by email shall be deemed to have been given 1 hour after transmission
thereof.
8.4
These Terms and Your agreement with VADESHA shall be governed
and construed in accordance with English Law. You irrevocably agree for the
exclusive benefit of VADESHA to submit any dispute hereunder to the jurisdiction
of the courts of England but nothing herein shall prevent VADESHA from taking
proceedings against You in any other court of competent jurisdiction.
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© Copyright Vadesha Properties Ltd
VAT Reg No: 841 3378 32
Vadesha Properties Ltd
314 Uppingham Road
Leicester, LE5 2BE.
Tel: 0116 2460205
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