Terms
and Conditions as at 23/05/2007 |
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
including transactions you make is subject
to terms and conditions below. Please read
through these terms and conditions before
using this website.
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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.
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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
your order will we be entering into a binding
contract with you.
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2. Price (and
VAT)
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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:
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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.
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2.2 When payment is to be made
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The Price of the item/s inclusive of VAT and
delivery costs inclusive of VAT will be stated
in our acknowledgement of order email. You
will need to make payment by credit or debit
card. We take payment from your card at the
time we acknowledge your order. Items are
subject to availability. In the event that
we are unable to supply the items we will
inform you of this as soon as possible. A
full refund will be given where you have already
paid for the items.
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3. Delivery
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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.
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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
not 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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5.2.1 to make good
any shortage or non-delivery;
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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.
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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
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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.
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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.
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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.
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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.
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6 Contact details |
6.1 Our contact details
are as follows:-
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6.1.1 Postal address
- 52 Portland Crescent, Greenford, Middlesex
UB6 9EY, United Kingdom
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6.1.2 E-mail : info@allindiaarts.com
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6.1.3 Telephone : 0044 (0) 208 813 2005
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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 info@allindiaarts.com
or by telephone 0044 (0) 208 813 2005.
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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 info@allindiaarts.com or by telephone
0044 (0) 208 813 2005.
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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.
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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.
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9.Data
Protection |
We will use the information
you provide on this web site and in any written
communication for the following purposes:
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- To identify
you and to confirm information you have
given us;
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- To provide
you with our goods;
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- To us to
respond to your queries;
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- To process
payment from you ;
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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.
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11. Invalidity |
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.
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12. Law and
jurisdiction
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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.
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13.
Assignment |
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.
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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.
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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.
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