Terms & Conditions of Sale
Last Updated : 13th October 2003
 
Interpretation
 
1)       In these conditions the following words shall have the following meanings:
 
   i)         "You" means the person(s), firm or company that buys the Goods from Us, and "your" shall be interpreted    accordingly.
 
   ii)       "Us" and "We" both mean Custom-wizard.com of Sheffield, South Yorkshire, UK, and "our" shall be    interpreted accordingly.
 
   iii)      "Goods" means any goods We agree to supply to You under the terms of the Contract, this includes any    installment of the goods or part(s) of them.
 
   iv)      "Contract" means any contract between You and Us, for the sale and purchase of the Goods, which       incorporates these conditions.
 
   v)        "Website" means the website with the URL: www.custom-wizard.com.
 
2)       Any reference to any statute or statutory provision refers to its most recent version.
 
3)       Reference to the singular includes the plural and vice versa.
 
4)     Headings are only used for convenience.





Applying These Conditions
 
1)       The Contract will be on these conditions only, unless there is a written variation agreed between You and Us.
 
2)       Your order is an offer to buy the Goods from Us under these conditions.
 
3)       Confirmation of your order is our acceptance of that offer. We do not have to accept your offer.
 
4)       We will Email a copy of these conditions to You, at the Email address You provide on the order form, when We confirm your order should you request it.
 
 
 
 
 
 
The Goods
 
1)       Any description of the Goods on our Website is for guidance only. No pictures, descriptions, specifications or advertising will form part of the Contract.
 
2)       If any Goods are not available, We will order the items from the relative manufacturer. If We are unable to order your chosen items, We will notify you by telephone or email.
 




Delivery
 
1)       We will deliver the Goods to the address You provide on the order form.
 
2)       Any delivery date We give is an estimate.
 
3)       Unless these conditions state otherwise, We are not liable for any loss, costs, damages, charges or expenses caused by any delay in delivery.
 
4)       If We cannot deliver the Goods because You won\'t accept delivery, You haven\'t provided the correct address, or no-one is available to accept delivery, then:
 
i)         all risk in the Goods will pass to You;
ii)       the Goods will be deemed to have been delivered; and
iii)      We may store the Goods until We can re-deliver them, and
iv)      You will be liable for any costs arising from this.
 
 




Non-Delivery
 
1)       We shall not be liable for any proven non-delivery unless You report it within 7 days of the date when the Goods should have arrived.
 
2)       Our liability for non-delivery is limited to replacing the Goods within a reasonable time, or issuing a credit note.
 






Price
 
1)       All prices are quoted in Pounds Sterling.
 
2)      The price for the Goods is the price shown on our Website, quoted in Pounds (Sterling) and  subject to periodic price increases at any time, including UK Value Added Tax ("VAT"). Your selected delivery destination will determine whether or not VAT is applicable. If VAT is not applicable then this tax will be deducted from your order prior to your visit to the cashier.
 
3)     Your location may render you liable to import, state, local or other taxes; such taxes are entirely your responsibility.
 





Payment
 
1)       Payment is due by any of the methods described on our Website when we ship your order.
 
2)       If only part of your order is shipped, the full amount of the order will be charged and the remainder or your order will be shipped once goods are received at our store. You will be advised of this prior to any shipment being made.
 
3)       All payments due to Us under the Contract shall become due immediately on termination of the Contract.
 






Defects  
 
1)       Nothing in these terms affects your statutory rights.
 
2)       We will not be liable for any defects of the Goods unless:
 
i)         You tell Us of the defect within 2 days of the time You discover, or ought to have discovered, the defect; and
ii)       We are given a reasonable opportunity of examining the Goods and, if requested, You return the Goods to Us at your expense for examination (however if We agree that the Goods are defective, We will refund this expense).
 
3)       We shall not be liable for any defect if:
 
i)         You use the Goods after telling Us about the defect; or
ii)       The defect arises through misuse, or inappropriate storage, of the Goods; or
iii)      You alter or repair the Goods without our written consent.
 
4)       Subject to the conditions in points 2 and 3 above, if any of the Goods are defective, We shall either repair or replace them (or the defective part) or refund the price, provided that, at our request, You return the Goods (or the defective part). We will refund the cost of returning the Goods to Us.
 
5)       If We comply with condition in point 4 above, We shall have no further liability for any defects.
 
 




Liability
 
1)       Subject to condition 8, the following sets out our entire financial liability to You in respect of:
 
i)         Any breach of these conditions; and
ii)       Any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
 
2)       All warranties, conditions and other terms implied by statute or common law    (except those implied by section 12 of the Sale of Goods Act 1979) are, as far so the law allows, excluded from the Contract.
 
3)       Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
 
4)       Subject to conditions in points 2 and 3 above;
 
i)        Our total liability in contract, tort, misrepresentation or otherwise, arising in connection with the Contract shall be limited to £1000; and
ii)      We shall not be liable to You for any indirect or consequential loss, damage, costs, expenses or other claims for consequential compensation whatsoever which arise out of, or in connection with, the Contract.