ILLUSTRATED PEOPLE LIMITED

SALE TERMS

THE CONSUMER PROTECTION (CONTRACTS CONCLUDED BY MEANS OF DISTANCE COMMUNICATIONS) REGULATIONS 2000 REQUIRE US TO INFORM YOU OF THE FOLLOWING STARRED MATTERS WHICH IS TO BE READ WITH AND FORM A PART OF THESE TERMS

  1. DEFINITIONS

    "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

    "consumer" is a person who purchases goods or services for private use and otherwise than in the course of a business or for business purposes

    "contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these "Terms"

    "Goods" means the articles (currently garments, images and designs) that the Buyer agrees to buy from the Seller

    "Seller" means Illustrated People Ltd of 91 Brick Lane, The Truman Brewery, London E1 6 QL England and contactable at info@illustratedpeople.com

    "Terms" means the terms and conditions upon which the Buyer asks the Seller through the Seller's Website to sell the Seller's products to the Buyer

    "Website" means the Seller's on-line facility the url of which is http://www.illustratedpeople.com

  2. GENERAL

    1. Nothing in these Terms shall limit or exclude the statutory rights of any consumer resident in the European Economic Area.
    2. These Terms apply to all contracts for the sale of Goods and shall prevail over any other documentation or communication from the Buyer.
    3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms.
    4. Any variation to these Terms (including any special terms and conditions agreed between the parties) must be agreed in writing and signed off by the Seller.
    5. If a Buyer including a Consumer has a complaint or concern about any article supplied under these terms the Buyer can write to the Seller at 91 Brick Lane, The Truman Brewery, London E1 6 QL England

  3. ORDERING

    1. All orders for Goods are requests by the Buyer to buy Goods on these Terms and are subject to acceptance by the Seller. The Seller may refuse to accept an Order for any reason.
    2. Where any article ordered by the Buyer is out of stock at the time the order is received the Seller will use all efforts to notify the Buyer of this within 30 days. The Seller may tell the Buyer when such article is next likely to be in stock or decline the order; and if payment has already been tendered by the Buyer, transmit a full refund within 30 days. The Seller does not offer substitute articles.
    3. The Buyer when buying Goods from the Seller is responsible for the security of any password and credit or debit card details used in the purchase process.

  4. PRICE AND PAYMENT

    1. The price of the Goods shall be that shown in the Order which the Buyer sees when his purchases are tallied in the shopping basket/cart before he places his order. The Price shown is [exclusive] of VAT. The price [includes/excludes] delivery charges.
    2. The Buyer must download a copy of the Order confirming the details, description and price for the Goods.
    3. Payment of the price plus VAT for purchases by Buyers within the European Union [and delivery charges likewise plus VAT for purchases by Buyers within the European Union] must be made in full before dispatch of the Goods to a Consumer .
    4. Payment for sales to trade Buyers must be made in full before dispatch of the Goods to such buyers unless other payment terms have been expressly agreed in writing signed off by the Seller. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of [5%] per annum above the base lending rate of NatWest Bank plc from time to time in force.

  5. RIGHTS OF SELLER

    1. The Seller reserves the right to update prices (either up and or down) on the Website. In the very unlikely event that a price changes between the time the Buyer places an Order and it is accepted by the Seller shall make every effort to inform Buyers of that change before accepting the Order.
    2. The Seller reserves the right at its complete discretion to withdraw any articles from sale via the Website at any time without liability to any person other than refunding any monies tendered by a Buyer before fulfilment of an Order.

  6. AGE OF CONSENT

    1. No order will knowingly be accepted from any person under the age of 18. The Seller is not responsible for ensuring that declarations of age made to it are truthful. The Buyer is asked when placing an order to declare that the Buyer is of the appropriate legal age to purchase the Goods. Any person who tries to buy goods from the Seller who is not permitted by that Buyer's local law to use a credit or debit card under an age which is greater than 18, will nevertheless be deemed for the purposes of this agreement to be an adult.
    2. If the Buyer is not legally entitled to use a debit card or a credit card, the Seller may cancel its acceptance of the order without notice.

  7. IDENTITY

    The Seller is Illustrated People Ltd of 91 Brick Lane, The Truman Brewery, London E1 6 QL and contactable at info@illustratedpeople.com. It is the supplier of goods purchased from this website unless expressly stated otherwise.

  8. DESCRIPTION AND PRICE

    Goods and prices payable are set out (together with the value added and/or any other applicable tax) on this website

  9. DELIVERY

    1. Where Goods are delivered to the Buyer's address, the Buyer will be informed about the cost of such delivery at the time of payment.
    2. Goods supplied within the UK will normally be delivered within [minimum 1 maximum 30] working days of acceptance of order.
    3. Goods supplied outside the UK will normally be delivered within [minimum 1 maximum 30] working days of acceptance of order.
    4. Where a specific delivery dates has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
    5. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
    6. Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
    7. Save in the event of termination inder Clause 9.7 above risk in the Goods passes to the Buyer upon delivery of the Goods.

  10. CANCELLATION AND RETURN

      1. If you are a Consumer resident in the European Economic Area you have the right, in addition to your other rights, to cancel your agreement and receive a refund of the purchase price, any VAT and delivery costs by writing and posting your notice of cancellation to Seller at the address specified above within 7 working days following delivery of the articles you ordered. If you cancel the contract the property in the goods reverts immediately to the Seller and you must return the Goods with the original packaging to the Seller at your own expense within 28 days of cancellation in the original packaging.
      2. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer
      3. Any Buyer whether or not he is a Consumer shall inspect the Goods immediately upon receipt and shall notify the Seller as soon as possible by email but in no event later than 10 working days after delivery if the Goods are defective or do not comply with any specification in the Contract. Otherwise the Buyer shall be deemed to have accepted the Goods from the moment of delivery.
    2. Where a claim of defect or damage is made, the Goods shall be returned with the original packaging by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement if the same is still in stock or at the Buyer's option to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
    3. Goods to be returned must clearly show the order number obtained from the Seller on the package.
    4. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.

  11. LIMITATION OF LIABILITY

    1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods sales taxes and any delivery expenses and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
    2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligent act or omission of the Seller or that of the Seller's agents or employees. For the avoidance of doubt operators and proprietors of debit and or credit cards and their payment systems are not the agents of the Seller but of the Buyer

  12. FORCE MAJEURE

    The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

  13. SEVERANCE

    If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

  14. CHANGES TO TERMS AND CONDITIONS

    The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

  15. GOVERNING LAW AND JURISDICTION

    These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and other than for agreements with Consumers the Shoreditch County Court London England has exclusive jurisdiction over all disputes arising between the Seller and the Buyer