Terms of Sale of Glorious London Limited
By sending in an order you agree to these terms of sale before you place an order for products from our website, by email or over the phone.
In these terms of sale, the following terms have the following meanings:
“we” means Glorious London Limited company registered in England and Wales, Company No. 7355310 and whose registered office is at The Cottage Mill Lane, Marnhull, Dorset Dt10 1JT (and “us” and “our” will be construed accordingly);
“you” means our customer or potential customer for products (and “your” will be construed accordingly).
“Consumer customer” means an individual who buys or agrees to buy Products from usfor private use;
“Business customer” means the legal entity or person who buys or agrees to buy Products from us other than for private use;
“Order” means the request by you to purchase a Product from us;
“Order Confirmation” means the written acceptance by us of your Order;
“Price” means the total charge for Products payable by you to us as set out in the Order Confirmation issued to you;
“Product” means an individual product as described in any current document published by us physically &/or on our internet site, or in any Order Confirmation and which you buy or agree to buy from us.
3. Order process
Quote and Order: After you have emailed or telephoned your order to use, we will issue you with a quote in writing setting out the price for the Products and the delivery charge. All quotes are valid for 10 working days from the date of the quote. If you wish to accept the quote and place an Order, then please reply to us stating that you agree to our terms and conditions.
Order Confirmation: We will then confirm your order and the expected date of delivery.
4. Price and payment
Prices: Prices for our Products will be set out on your Order Confirmation and your invoice. In addition to the price of the Products, you will have to pay a delivery charge, which will be as stated in the Order Confirmation. Delivery will be calculated according to the weight and size of the Order as well as the delivery address. Prices include all value added taxes (where applicable).Prices for Products are liable to change at any time, but changes will not affect contracts which have come into force.
If you are a Business customer: If agreed in advance in writing and set out in your Order Confirmation, you may pay within 28 days of the date of invoice. Otherwise payment must be made before supply of the Products. We may suspend delivery of Products until full payment is received. If full payment is not received, we will be entitled to charge interest on the amount outstanding at the rate of 3% per annum above the London Inter-Bank Offer Rate ("LIBOR"). If we must recover the outstanding payment &/or Product, recovery costs are to be paid by you.
Orders in instalments: For Orders to be delivered in instalments over a period of time, we may adjust prices due to changes to exchange rates, duties, insurance, freight, handling & purchase costs.
Payment: Payment must be made to the account set out on your invoice. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Taxes: You must pay all taxes applicable to you, including any import duties, if you are ordering from outside the UK. You may qualify for tax exemptions from time to time in which case we request that you provide us with a certificate of exemption or other appropriate documentary proof of exemption.
If you are a Consumer customer: Payment shall be made before supply of the Product. We may suspend delivery of Product until full payment is received. If we have delivered Product and the Product remains unpaid, we may recover the outstanding payment &/or Product & the recovery costs are to be paid by you.
5. Your warranties
You warrant and undertake to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the Products; and
(d) when reselling the hungarymud, whether in its original state or mixed with other ingredients, you will display the Product name (hungarymud), on all packaging and marketing materials.
(e) you will follow all instructions that come with the Products and advise your customers or users of the Products of the same and any special precautions that need to be taken
6. Delivery policy
Delivery: We will arrange for the products to be delivered to the address for delivery indicated in your Order. For practical reasons, Products may be delivered by instalments, which shall be communicated to you.
Delivery date: We will use reasonable endeavours to deliver products on or before the date for delivery set out in our Order Confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Order Confirmation.
7. Risk and ownership
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the Products even where ownership has not passed to you.
8. Acceptance, right of return and “cooling off”
Problems with your Order: You should notify us promptly: following delivery of any missing, incorrectly delivered, or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged; following discovery of any non-visible damage or defect in Products supplied.
If you are a Business customer: you may only reject Products for material non-conformity with the Product description by providing written notice to us within 7 days after delivery or otherwise you shall be deemed to have accepted the Products.
If you are a Consumer customer: Under the Distance Selling Regulations, if you are a consumer customer, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis, you must promptly return the Products to us, in the same condition in which you received them. If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel a contract on this basis and you do not return the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
9. Statutory rights
Nothing in these terms of sale affects your statutory rights as a consumer customer (including your right to receive a refund in respect of any defective Product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
11. Limitations and exclusions of liability
Nothing in the terms of sale will (a) limit or exclude our liability for death or personal injury resulting from negligence; (b) limit or exclude our liability for fraud or fraudulent misrepresentation; (c) limit or exclude our liability in any way that is not permitted under applicable law.
The limitations and exclusions of liability set out in this Section:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under these terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with an Order and our total liability to you in respect of all other losses arising under or in connection with an accepted Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed 100% of the price of the Products which form part of that Order.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you if any of the Products are mixed with other products, ingredients or substances that have not been supplied or approved by us.