Terms & Conditions
Terms and Conditions as at 1st June, 2013
This website is operated by All India Arts trading from 52 Portland Crescent, Greenford, Middlesex UB6 9EY, United Kingdom referred to as All India Arts/we./our/us). As user of this website (referred to as "you"/"your") you acknowledge that any use of this web site sincluding transactions you make is subject to terms and conditions below. Please read through these terms and conditions before using this website.
1. Acceptance of orders
- 1.1 : All orders that you place on this website are subject to acceptance in accordance with these terms and conditions. When you order items through our web site within 24 hours of you placing the order we will send to you an email acknowledging your order and detailing items that you have ordered and other required information (acknowledgement of order). Please note that the acknowledgement email is not an order confirmation or order acceptance.
- 1.2 : Acceptance of your order and the completion of the contract between you and us take place on despatch to you of the items ordered unless we have notified you that we do not accept your order or you have cancelled the order under paragraph 4.1 of these terms and conditions. Until you receive the email accepting your order there will not be a binding contract between you and us. Any information on our web site, or your filling in details or clicking any button or icon indicating you are making an order does not, and is not intended to, constitute a binding contract between you and us. Only on our sending the email accepting order will we be entering into a binding contract with you.
2. Price (and VAT)
- 2.1 : The price for the items is as displayed on this web site (inclusive of VAT) at the time we receive your order but for the following exception:
- 2.1.1 : We try and ensure that all prices on our website are accurate how ever on rare occasions errors may occur. If we discover an error in the price of items you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order cancelled, if you have already paid for the items, you will receive a full refund.
- 3.1 : We are able to deliver to destinations across the world. Delivery and VAT (wherever applicable) charges are included in the prices stated on the website.
- 3.2 : Our aim is to deliver the items with the greatest care and speed and within 30 days of acknowledgement of your order. It will always be possible to do this, for example where delay is caused by circumstances which are outside our control. In the event that we are unable to deliver the item/s within 30 days of acknowledgement of your order we will inform you of this as soon as possible and provide you with an alternative date of delivery for your agreement. If we are unable to deliver the item/s within the period so agreed we will inform you of this as soon as possible. A full refund will be given where you have already paid for the item/s.
4. Cancellation Rights
- 4.1 : You have the right to cancel this contract within the period beginning on the day which the contract concludes and ending on the expiry of seven working days after the day on which you receive the item/s.
- 4.2 : Please note that you are under a duty throughout the period prior to cancellation to retain possession of the goods and to take reasonable care of them.
- 4.3 : To cancel the contract you will need to send a letter to us (notice of cancellation). You can send the letter by post, email or facsimile or by personal delivery. Contact details for where to send the letter are set out in Paragraph 6 below. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.
- 4.4 : On cancellation of the contract under paragraph 4.1 above you must return the items to us in the manner specified in paragraph 4.5 below and in the meanwhile you must retain possession of the item/s and take reasonable care of it/them and return the same to us in a saleable condition.
- 4.5 : Upon receiving notice of cancellation we will send you an email with details for collection of the item/s from your premises and requesting you to deliver the item/s to our authorised personal, in such an event you will be responsible for the collection charges.
- 4.6 : Upon receipt of the goods by us in a saleable condition you will receive a refund for your purchase less the cost of collection charge which will not exceed the direct costs of recovering the item/s supplied under the contract.
5. Limitation of liability
- 5.1 : If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 2 working days of the delivery of the goods in question. We advise you to inspect all items on delivery before you sign accepting item/s ordered; and any damage to items must be pointed out to the delivery personnel and reported to us as aforesaid. You are advised not to sign accepting delivery of item/s ordered unless you are totally happy with the condition of your purchase.
- 5.2 : If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
- 5.2.1 : to make good any shortage or non-delivery;
- 5.2.2 : to replace or repair any goods that are damaged or defective; or
- 5.2.3 : to refund to you the amount paid by you for the goods in question in whatever way we choose.
- 5.3 : Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph 5.2.3 above
- 5.4 : You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- 5.5 : Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- 5.6 : Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.
- 5.7 : Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
6. Contact Details
- 6.1 :
Our contact details are as follows:
Postal address: 52 Portland Crescent, Greenford, Middlesex UB6 9EY, United Kingdom
Telephone: 0044 (0) 208 813 2005
- 6.2 : Complaints or comments. If you have any complaints about the item/s or any aspect of the way we have dealt with your order please contact Ram Aggarwall, Partner, either by writing to the address given in Paragraph 6.1, by email to email@example.com or by telephone 0044 (0) 208 813 2005.
- 6.3 : Cancellation or returns. If you wish to return items ordered or wish to cancel the contract, letters or other communications should be addressed to Ram Aggarwall, Partner, either by writing to the address given in the Paragraph 6.1, by email to firstname.lastname@example.org or by telephone 0044 (0) 208 813 2005.
7. Ownership of goods
- We shall own the goods until we have received payment in full from you, 'payment in full' means that the funds have reached our bank account.
8. Copy Right
- You acknowledge and agree that the items purchased are for personal use and not for commercial purposes. You also acknowledge and agree that the copy right of all items that you purchase from us and all materials and or content made available as part of your use of our website shall remain at all times vested in us. Any reproduction, and or copying will constitute an infringement of copyright.
9. Data Protection
- We will use the information you provide on this web site and in any written communication for the following purposes:
- To identify you and to confirm information you have given us;
- To provide you with our goods;
- To us to respond to your queries;
- To process payment from you;
- To look at ways in which this website and our services to our web users and customers, can be improved and
- For administration purposes.
- We will provide your information to our service providers and agents for these purposes.
10. Entire Agreement
- These terms and conditions together with the documents referred to in the terms and conditions set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Law and jurisdiction
- The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
- 13.1 : You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party unless agreed in writing by us.
- 13.2 : We reserve the right to transfer, assign, novate or sub contract the benefit of whole or part of any rights or obligations under these terms and conditions related contracts to any third party.
14. Third parties
- For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.