1. Application of the General Terms and Conditions of Sale
The General Terms and Conditions of Sale outlined below
(hereafter known as "General Conditions"), govern the contractual
relationship between any user of the caudapavonis.com website and Cauda Pavonis,
15 Southernhay, Staple Hill, Bristol, BS16 4LS (hereafter known as "Cauda
Pavonis "). These general terms and conditions shall be the only ones
applicable and replace all other conditions, except in the case of express
written consent. Cauda Pavonis may be occasionally obliged to modify certain
provisions of its general conditions. It is therefore necessary to re-read the
said conditions before each purchase on the caudapavonis.com site. We consider
that in submitting your order, you have read and accepted our general conditions
of sale without reserve.
Any order by the Client implies a tacit acceptance of the
present General Conditions of Sale and without reserve. Any clause accompanying
a Client's order or any other document (such as the General Conditions of
Purchase by the Client), that is in opposition to, or which adds a new element
to the present General Conditions, will not be accepted by Cauda Pavonis.
2. Prices and Discounts
The products sold by Cauda Pavonis are billed in GBP, at the price quoted on the day of the registration of the order by Cauda
Pavonis. It does not include delivery charges, under the condition that the
delivery is not prolonged by the Client. Cauda Pavonis reserves the right to
modify its price at any time and in compliance with current laws.
3. Payment Conditions
Except in special conditions requiring a special agreement, Cauda Pavonis's payment conditions are as follows:
a) Order payment by bank card or Bank Transfer via the
payment service, PayPal. Full details of any additional terms and conditions
imposed by PayPal may be found on their website, http://www.paypal.co.uk/.
4. Availability of products
Our products are offered while supplies last. The
information on the availability of products is updated as often as possible and
is provided to you at the moment an order is put through. We cannot be held
responsible for any error or exceptional modification.
In the event that a product is not available after you have placed an order, we
will inform you by email as quickly as possible so that you may cancel your
order is said order is over 15 business days late.
5. Forwarding - Delivery - Delivery Charges
Cauda Pavonis decides on the mode of delivery except where
if specially indicated by the client. The risks associated with delivery are
the responsibility of the client.
The Client must, as of reception, inspect the parcels within
the legal timeframe. Please note, conditions such as "acceptance
conditional upon verification" or "acceptance conditional upon opening
of wrapping" have no legal value with insurers or with transporters.
It is the Client's responsibility to provide proof of
missing or broken articles.
Cauda Pavonis will strive to respect the stated delivery times, but cannot be
held liable for interest and damages because of late delivery and cannot accept
the cancellation of an order on that basis. An order made for articles not in
stock may be the object of a longer period of delay or a cancellation.
6. Claims
If the products received do not conform to the invoice, the
Client must advise Cauda Pavonis immediately, or at the latest three days
beginning with the date the order was received. A copy of the invoice must be
attached to the Client's claim. Any claim based on the quality of a product must
be accompanied by a specimen of said product containing the flaw as well as a
sample still in its original packaging with the appropriate reference numbers
for identification.
No claims will be processed that do not adhere to the above conditions.
7. Returns
The products can only be returned after written
authorisation from Cauda Pavonis. This permission must be sought within 14 days
of receipt of products. Returned
products must be addressed to Cauda Pavonis, 15 Southernhay, Staple Hill,
Bristol, BS16 4LS with delivery paid for. The returned products must be in
perfect conditions, carefully packaged and without any sort of modification
with respect to reference and series numbers. They must have their labels
intact, along with their stamps or marks permitting their resale. In the event
of non-authorised or non-conforming return of goods, the merchandise will
systematically be returned to the Client at this expense.
8. Publicity and Display goods
Publicity and/or display material (catalogues, posters, samplers
etc) may be given to Clients for their usage in promotion of Cauda Pavonis, and
only for use for the purposes authorised by Cauda Pavonis for the promotion of
Recordings, Merchandise, Performances or other appearances.
The Client cannot represent himself as an agent of Cauda Pavonis, as this would
imply that he is acting on behalf of, or under the authorisation of Cauda
Pavonis' management. The terms "Cauda Pavonis " must be used in such
a way that a third party will not be led to believe that Cauda Pavonis has an
interest or responsibility in the Client's venture. The brand "Cauda
Pavonis" or "caudapavonis.com" cannot be used without the express
written consent of Cauda Pavonis.
Clients who wish to engage in publicity must first consult
with Cauda Pavonis to first receive its approval.
9. Trademarks
Trademarks distributed by Cauda Pavonis are protected by
current laws and international conventions.
As a consequence, neither Clients nor third parties can use trademarks without
the express written consent of the trademark holder. It is understood and
agreed that the acceptance of the present General Conditions is not in any way
such an authorisation.
10. Insurance
To cover the risk of loss, of theft or other damages in
transport that some of the products may be subject to, each party shall make
provisions to cover such losses with its own insurance company.
11. Liability limits
No liability will be accepted for loss or damages, direct or
indirect, whatever the cause.
In no case will the Client, for any reason, withhold funds from an invoice for
an incomplete delivery or for defective goods.
12. Ownership of Property
Cauda Pavonis remains the owner of the merchandise delivered
until the payment is made in full. A promise of payment is not considered full
payment until said payment has actually been processed.
Any damage caused while in the possession of the client, should said client not
have paid in full, is his responsibility.
Should the Client deliver merchandise to a third party that has not been paid
for, he is advised to immediately inform Cauda Pavonis.
13. Cancellation of Sale
In the case of non-payment of a delivery after the deadline,
the sale shall be considered void eight days after notification by registered
letter with proof of reception. Cauda Pavonis will claim the concerned
merchandise without delay, with all associated fees and risks being the
responsibility of the Client. Returning said merchandise does not negate the
possibility of interest and damages.
14. Late penalties
In accordance with current law, any sums paid after the due
date of the invoice as per article 3 of the present document, will be subject
to late fees. These fees will be calculated at one and a half times the bank
rate and will be applied retroactively to the date of delivery of the products.
15. In the event of default
Should payment not have been made in full as of the stated
deadline, all outstanding sums, regardless of deadline, will be requested
immediately.
16. Applicable law - Attribution of
jurisdiction
In the event of a failure to amicably resolve payment, all
litigation involving Cauda Pavonis and its Clients will be settled exclusively
in the Courts of Bristol with the applicable law being English law. Certain
products sold fall under the domain of strategic merchandise and cannot be
exported without express written consent from Cauda Pavonis.
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