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terms & conditions

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.