TERMS AND CONDITIONS OF
SALE
1. DEFINITIONS AND INTERPRETATION
1.1 Headings are for guidance only and do not form any part of these
Conditions.
1.2 The following terms shall bear the following meanings:
"Buyer" means the person, company, organisation or other entity
entering into the Order for the Goods;
"Goods" means the products, articles or any of them subject of the
Order and described in the Order;
"Specification" means the technical description (if any) of the
Goods contained or referred to in the Order; and
"Order" means the order placed by the Buyer for the Goods.
2. ALTERATIONS
2.0 Islam4children reserves the right to alter its prices,
product specifications and terms and conditions without notice. For the
avoidance of doubt, no such change shall affect the Order once it has been
accepted by Islam4children.
3. FORMATION OF ORDER
3.1 The Buyer shall be bound by the Order:-
3.1.1 if it is made on an official Islam4children order
form; or
3.1.2 if the Order is accepted on behalf of Islam4children
by a duly authorised Director, Employee or Agent over the telephone either with
or without the condition that the Order is to be confirmed in writing by the
Buyer: or
3.1.3 if the Order is made in such form of written
memorandum as the Buyer and Islam4children may find acceptable.
PAYMENTS AND TITLE RETENTION
4.1 Risk in the Goods shall pass to the Buyer when the
goods have left our premises or
collected by, the Buyer or its agent.
4.2 Normal delivery charges in the
UK
will be shown
on the invoice, but any special express delivery requested by the Buyer will be
charged in full.
5. DELIVERY DATE AND RIGHT TO RETURN THE GOODS
5.1 Any date given for delivery by Islam4children is to be
considered as an approximate estimate and cannot be guaranteed.
5.2 If the Buyer is a private consumer, the Buyer shall have the
right to return the Goods (in its original packaging) to Islam4children up to
five (5) days from receipt of the Goods. However, Islam4children reserves the
right to charge the Buyer its reasonable costs and expenses incurred as a
result of the Buyer exercising this right and also for any damage to, or use
of, the Goods in the event that the Goods are damaged or have been used.
5.3 If the Buyer is not a private consumer, the Buyer shall have
no right to return the Goods and the full amount payable for the Goods shall
remain fully due and owing from the Buyer to Islam4children regardless of
whether or not the Buyer has returned the Goods to Islam4children.
5.4 All of the above provisions of this paragraph 5 shall be
subject to and shall not affect your statutory rights.
6. WARRANTIES
6.1 Islam4children warrants the Goods to be free of
defects, to be made of sound materials and to conform to the quantity and
description stated in the Order. The Buyer will accept slight imperfections in
colour, appearance and measurement.
6.2 If any of the Goods are found to be defective within
the period of ninety five(5) days from the date of delivery, Islam4children
undertakes as its option, to replace the same or refund to the Buyer the price
of the Goods.
6.3 Other than as expressly set out in these Conditions
and other than the warranty as to good title and as otherwise required by law, Islam4children
hereby excludes all representations and warranties in relation to the Goods
whatsoever, whether express or implied. Without prejudice to the generality of
the foregoing, Islam4children expressly excludes any warranties as to fitness
for purpose and the Buyer agrees that it shall determine the suitability of the
Goods for its intended use.
7. LIMITATIONS ON LIABILITY
7.1 Indemnity
You
agree fully to indemnify, defend and hold Islam4children and our officers,
directors, employees, agents and suppliers, harmless immediately on demand,
from and against all claims, liability, damages, losses, costs and expenses,
including legal fees, arising out of any breach of the Conditions by you or any
other liabilities arising out of your use of this Website, or the use by any
other person accessing the Website using your shopping account and/or your
Personal Information.
7.1.2 under Part 1 of the Consumer Protection Act 1987;
7.1.3 for breach of any conditions as to title or quiet
enjoyment implied by section 12 of the Sale of Goods Act 1979 (as amended) or
section 2 of the Supply of Goods and Services Act 1982 (as amended);
8. GENERAL
8.1 Neither Islam4children nor the Buyer shall be liable
for any matter, delay, liability or expense caused by any matter or event
beyond its reasonable control, including without limitation, strikes, lockouts
or other industrial action by workers, employers, trade disputes, accidents on
land or sea, government interference, war or hostilities, riot or civil
commotion, acts of Gods disaster, Government action or legislation.
8.2 Failure by either party to exercise or enforce any
rights, or the giving of any forbearance, delay or indulgence, will not be
construed as a waiver of its rights or otherwise.
8.3 If any provision of these Conditions is or becomes
invalid or unenforceable it will be severed from the rest of these Conditions
so that it is ineffective to the extent that it is invalid or unenforceable and
no other provision of these Conditions shall be rendered invalid, unenforceable
or be otherwise affected.
8.4 Nothing in this Agreement shall make either party the
agent or partner of the other or give either party the power to bind the other.
8.5 Nothing in this agreement shall confer on any third
party any right or benefit under the provisions of the Contracts (Rights of
Third Parties) Act 1999.
8.6 These Conditions and the Order constitute the entire
agreement between the parties relating to the subject-matter and no variation,
waiver of, or addition to the same shall be binding unless in writing and
signed by both parties.
8.7 These Conditions shall be governed by and construed in
accordance with the laws of
England
and
Wales
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