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Terms and Conditions
All Goods Remain The Property Of Icon & Co (Wales) Ltd Until Paid For In Full.
This web site is operated by Icon & Co (Wales) Limited (the “Company”). Any orders made via and/or any use made of this web site must be in accordance with and shall be deemed to be acceptance of the Conditions of Sale and/or Conditions of Hire (as applicable). For the avoidance of doubt, these Conditions of Sale and/or Conditions of Hire shall apply to any order placed with the Company (whether or not made via the Company’s web site).Please note: We do not send random marketing emails to personal email addresses (spam). We do conform to with the requirements of the Data Protection Act, 1998.
CONDITIONS OF SALE
Interpretation In these conditions: “Customer” means the person, firm or company so described in the order. “Conditions” means the conditions set out in these Conditions of Sale and (unless the context requires otherwise) includes any special terms and conditions as may be agreed in writing between the Customer and the Company from time to time. “Contract” means the contract for the sale and purchase of Goods or the supply of services which shall incorporate these Conditions. “Delivery Address” means the address stated on the order or as otherwise advised to the Company by the Customer in writing. “Goods” means the goods or services referred to in an order placed by the Customer and where the context requires means part only of such order.
Basis of the contract 2.1 The Contract shall only become effective when any order placed by the Customer is expressly accepted by the Company. Every order placed must identify any applicable Customer purchase order number without which the order may not be accepted by the Company. 2.2 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions on which the order is made or purported to be made. 2.3 Any order will lapse unconditionally unless expressly accepted by the Company within 14 days of its date. 2.4 No variation to the order or these conditions shall be binding unless agreed in writing.
Specifications 3.1 The quantity, quality and description of the Goods shall be as specified in the order and/or in any applicable specification supplied by the Customer and in the absence of any particular specification, for example as to the finished size, the Company accepts no responsibility. 3.2 Where an order is placed by computer-readable file the Customer will supply with any order or upon request a visual layout of the desired end product. In the absence of a visual the Company accepts no responsibility for any incorrect interpretation of the Customer’s requirements. 3.3 Any change in the specification shall require the agreement of both parties and may involve an adjustment in the price. For the avoidance of doubt, once an order has been accepted by the Company, the Company shall be under no obligation to agree to any change in the order and/or any applicable specification.
Price The price of the Goods shall be as stated in the order and, unless otherwise so stated, shall be exclusive of any applicable value added tax (or equivalent) which shall be payable by the Customer upon production by the Company of a proper VAT invoice.
Terms of Payment 5.1 Unless payment had already been received (e.g. if a transaction has been processed via this web site), the Company shall invoice the Customer for the price of the Goods on or at any time before or after delivery of the Goods and each invoice shall state any applicable Customer order number as provided under condition 2.1. Unless otherwise agreed, the Customer shall pay for the Goods within fourteen (14) days of the date of the invoice. 5.2 The Customer shall pay interest on all sums overdue at the rate of 4% per annum over the base rate for the time being of Barclays Bank PLC such interest being calculated from the date when payment became due until payment is actually made whether before or after any court judgment. 5.3 If the whole or any part of an invoice is disputed, the Customer shall pay the undisputed amount of the invoice in accordance with this condition 5 and the obligation to pay the disputed amount shall be suspended until the parties, acting reasonably, have resolved the dispute. 5.4 Credit Card Security. Orders made via this web site are processed using Barclaycard’s ePDQ system. Payment details are captured within a secure, Payment Card Industry Data Security Standard (PCI DSS) compliant infrastructure.
Returns Policy & Refunds 6.1 All Goods remain the property of the Company until full payment is received, unless specified terms stating otherwise have been agreed in writing by the Company. 6.2 All Goods collected or received must be checked immediately on receipt. Any damage, faults, shortages or discrepancies must be advised in writing to the Company within twenty-four (24) hours of receipt of the Goods. For the avoidance of doubt, signing a carrier’s delivery note “unchecked” does not absolve the Customer from this condition. 6.3 Icon & Co will not refund goods that are produced or ordered on a bespoke basis, Undamaged or Repairable. The Company will always endeavour to ensure that the Goods are suitable and as specified in the order prior to delivery. All work undertaken, whether experimentally or otherwise, at the Customer’s request, will be charged in full to the Customer.
Delivery & Replacements 7.1 The Goods shall be dispatched to the Delivery Address on the date or within the period stated in the order. 7.2 Where the date for delivery is not specified at the time of the order, the Customer shall give reasonable written notice of the proposed date for delivery which shall be subject to acceptance by the Company. 7.3 The time of delivery is not of the essence. 7.4 The Customer shall be deemed to have accepted the whole of the Goods unless the Company is notified of any defect(s) within 24 Hours of delivery in which respect time shall be of the essence. 7.5 Where notification of defect(s) is given in accordance with condition 7.4, the Customer will afford the Company reasonable opportunity to inspect and investigate such claim(s) and shall if so requested immediately return the Goods the subject of the claim(s) to the Company. 7.6 Where notification of the defect is given in accordance with 7.4 the Company shall either replace the Goods with Goods of satisfactory quality or (at its option) shall credit the Customer with the price. 7.7 Any Goods deemed by the Company, & as described in the item’s description on this website, to be “hand painted” or “hand finished” will not be considered to be faulty or defected, at the discretion of the Company, on the grounds of there being reasonable variation in colour & finish. 7.8 The Company shall have no liability to the Customer with regard to any claim in respect of which the Customer has not complied with the provisions of this condition.
Risk and Property 8.1 Risk of damage to or loss of the Goods passes to the Customer on delivery. 8.2 The property in the Goods passes to the Customer upon payment in full. Until payment has been made in full the Customer will ensure the Goods are clearly marked as the property of the Company and will store the Goods in such a way as to be readily identifiable from other goods. 8.3 Where payment for the Goods has not been made by the due date the Company shall (without prejudice to any other remedy) be entitled (but not required) to take possession of the Goods and shall be entitled to enter onto the Customer’s premises during normal business hours for such purpose.
Warranties and liability 9.1 The Company warrants to the Customer that the Goods: 9.1.1 will be of satisfactory quality; 9.1.2 will be free from defects in design, materials and workmanship; and 9.1.3 will correspond with the order and/or any applicable specification to the extent that current reproductive techniques reasonably permit, & as permitted under condition 7.7. 9.2 Without prejudice to any other remedy, if any of the Goods are not supplied in accordance with the Contract, the Company shall be entitled to replace those Goods or to credit the Customer with the price of them. 9.3 Nothing in these Conditions shall operate or attempt to operate to exclude or restrict either party’s liability for: 9.3.1 death or personal injury resulting from such party’s negligence, which liability shall be unlimited; 9.3.2 fraud, which liability shall be unlimited; or 9.3.3 fines imposed by any regulator or any Court. 9.4 Save as provided in condition 9.5, neither party shall be liable to the other in contract, tort (including negligence) or otherwise for any indirect or consequential loss arising under or in relation to the Contract. 9.5 Save as provided in condition 9.4, the Company shall indemnify the Customer against all liability and financial losses awarded against or incurred by the Customer as a result of or in connection with any breach of warranty given by the Company provided that the total liability of the Company shall in no circumstances exceed the price of the Goods. 9.6 Neither the Company nor the Customer shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract, if the delay or failure was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control: 9.6.1 Act of God, explosion, flood, tempest, fire or accident; 9.6.2 War or threat of sabotage, insurrection, civil disturbance or requisition; 9.6.3 Acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary of local authority 9.6.4 Failure by carrier or delivery company to deliver by a specified day or time.
Cancellation A Contract or order may only be cancelled by written agreement between the parties. Once an order has been accepted by the Company, the Company shall be under no obligation to cancel the Contract.
Data Privacy By using this web site and/or when making an order customers may provide the Company with personal data. The Company will only use such data for the purposes of facilitating an order and dealing with enquiries. The Company may also use such data to inform customers of new products and services. If such information is not desired, the Company will cease such notifications on request. Customers may request to view the personal data that the Company holds or else that the Company delete or amend such data. By using this web site, customers are deemed to consent to the Company holding and processing such data as necessary to enable use of this web site and for the purposes referred to above.
General 12.1 The Contract is personal to the parties and may not be assigned to any other party. 12.2 Any notice required or permitted to be given by one party to the other shall be addressed in writing to the other at its registered office, principal place of business or such other address as may at the relevant time have been notified to the party giving the notice. 12.3 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. 12.4 The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with the Contract. 12.5 The Company may change these Conditions from time to time. Any orders made and/or use of this web site shall be deemed to constitute acceptance of such changes. 12.6 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected. 12.7 The Contract shall be governed by the laws of England & Wales