TERMS AND CONDITIONS
1. These Terms and Conditions will apply to the purchase of the goods (Goods) by the buyer (you) from Siga Creative FX Ltd trading as Fear FX a company registered in England and Wales under number 07634629 whose registered office is at Unit F3 Heath Place, Ashgrove Industrial Park, Bognor Regis, West Sussex, PO22 9SL, VAT registration number 168 3274 86 (we or us).
2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you
3. These Terms and Conditions (the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. A "business day" means any day other than a Saturday, Sunday or bank holiday.
5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.
7. The description of the Goods is set out in our sales documentation. In placing the order you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
9. The price (Price) of the Goods is set out at the date of your order or such other price as we may agree in writing.
10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
11. Any increase in the Price under the clause above will only take place after we have told you about it.
12. The Price is exclusive of fees for packaging and transportation/delivery.
13. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
How to Place an Order
14. You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. If you prefer to order by telephone you can do so by calling 01243 837835.
15. You will be required to pay for the goods in full at the time of ordering.
16. We use PayPal secure payment facilities for online purchases. You can pay for your order by Visa, Mastercard or Delta/Connect.
17. All prices quoted on our website are in UK pounds and exclude Value Added Tax at the current rate.
18. All Goods are made to order and as such lead times will vary. We will notify you of estimated delivery date at the time you place your order.
19. Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
20. Once your order is complete we will notify you of the dispatch date.
Delivery and Carriage Charges
21. Any estimated dispatch date is an estimate, which can change without notice.
22. Your order may arrive in more than one delivery.
23. We will deliver the goods to the premises you specify on your order. You must be at home to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday.
24. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
25. If there is no one to accept the order on the scheduled delivery date the goods may be returned to our workshop and we reserve the right to charge you an additional re-delivery charge.
26. If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
27. If the goods are lost or damaged in transit, please let us know promptly.
28. Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we cannot be responsible where this causes a delay or failure in delivering your goods.
29. Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
30. You must inspect the Goods on delivery or collection.
31. If you identify any damages or shortages, you must inform us within three days of delivery, providing details.
32. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
33. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
34. We will be under no liability or further obligation in relation to the Goods if:
i. if you fail to provide notice as set above; and/or
ii. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
iii. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
iv. the defect arises from normal wear and tear of the Goods; and/or
v. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
35. You bear the risk and cost of returning the Goods.
36. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within three days after delivery.
37. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
38. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
39. The risk in the Goods will pass to you on completion of delivery.
40. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
41.Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
42. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
43. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
44. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
45. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
i. any indirect, special or consequential loss, damage, costs, or expenses; and/or
ii. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
iii. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
iv. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
v. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
46. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
47. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
48. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
49. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
50. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.