Galiani Glass Art & Blue Phoenix Jewellery
Terms and Conditions of Business for Website Sales
This page (together with the terms set out in the “Our Service” page of our website) sets out the terms and conditions on which we supply the goods (“Goods”) listed on our website www.galiani.co.uk and www.bluephoenixjewellery.co.uk (“our websites”) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
Before placing your order you will be required to check the box to accept the terms and conditions. Please understand that if you do not wish to accept these terms and conditions, you will not be able to order any Goods from our site.
1. Information about us
1.1 Galiani Glass Art operates this website to trade in hand crafted glassware and glass jewellery made within its own studio in the UK.
2. Your status
2.1. By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts; and
2.1.2. you are a consumer and are purchasing the Goods for personal use and not for resale by way of another business.
3. How the contract is formed between you and us
3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by taking payment and delivering the Goods. The contract between us (“Contract”) will only be formed when we accept your payment or deliver the Goods (whichever is sooner).
3.2. The Contract will relate only to those Goods whose dispatch is confirmed in our delivery note.
4. Minimum order
4.1. No order will be accepted unless the total value of the order exceeds the minimum order size current at the time of the order as specified on the “Our Service” page of our website. We may amend the minimum order size from time to time at our sole discretion.
5.1. All descriptions, photographs or illustrations contained in our catalogues or on our website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.
6. Availability and delivery
6.1. Delivery details are set out on the “Our Service” page of our website. We shall endeavour to deliver your order within the delivery times specified on the “Our Service” page of our website. However, any dates specified by us for delivery of the Goods are intended to be an estimate only and time for delivery shall not be of the essence.
6.2. You, or a representative, will be required to sign to accept delivery of the Goods.
6.3. If for any reason you fail to accept delivery of any of the Goods or if we are unable to deliver the Goods because you have not provided appropriate instructions or documents:
6.3.1. risk in the Goods shall pass to you (including for loss or damage caused by our negligence); and
6.3.2. the Goods shall be deemed to have been delivered; and
6.3.3. we may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
6.4. We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the Contract.
7.1. The quantity of any consignment of Goods as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
7.2. We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless you give written notice to us of the non-delivery within 14 days of the date when the Goods would in the ordinary course of events have been received.
7.3. Our liability for non-delivery of the Goods shall be limited to issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or refunding to you any payment which you have made to us for the Goods.
8. Risk and title
8.1. The Goods will be at your risk from the time of delivery or deemed delivery.
8.2. Ownership of the Goods will only pass to you when we receive full payment (in cleared funds) of all sums due in respect of:
8.2.1. the Goods, including delivery charges; and
8.2.2. all other sums which are or which become due to us from you on any account.
9. Price and payment
9.1. The price of any Goods will be as quoted on our website from time to time, except in cases of obvious error.
9.2. These prices are exclusive of VAT, where described, and delivery costs, which will be added to the total amount due as set out in the delivery section of the “Our Service” page of our website.
9.3. Prices are liable to change at any time, but changes will not affect any orders which we have already accepted.
9.4. Our website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
9.5. Payment for all Goods must be by credit or debit card acceptable to us. We accept payment with most major credit and debit cards. Payment must be made at the time of the order or otherwise in accordance with such credit terms as we have expressly agreed with you. Where payment is made at the time of the order, we will not actually charge your credit or debit card until we despatch your order.
9.6. If you fail to pay us any sum due pursuant to the Contract, we reserve the right to charge you interest on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of the Natwest Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. We also reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
10.1. We warrant that (subject to the other provisions of these terms and conditions) on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
10.2. We shall not be liable for a breach of the warranty in condition 10.1 unless:
10.2.1. the Goods are returned to us at your expense within 14 days of the date of delivery (we recommend that you use recorded delivery and keep your proof of postage); and
10.2.2. we determine in our reasonable discretion that the Goods are defective as a result of faulty materials or workmanship.
10.3. We shall not be liable for a breach of the warranty in condition 10.1 if:
10.3.1. the defect arises because you failed to follow our verbal or written instructions as to the storage, use or maintenance of the Goods or (if there are none) good trade practice; or
10.3.2. you alter or repair such Goods without our written consent.
10.4. We shall not be liable to you for any alleged loss, theft or damage of the Goods in transit unless this is notified to the carriers and ourselves immediately following delivery and, where it is alleged that the Goods are damaged, the Goods are returned to us in accordance with condition 10.2.1.
10.5. Subject to conditions 10.2, 10.3 and 10.4, if any of the Goods do not conform with the warranty in condition 10.1 we shall credit you with the price paid for such Goods.
10.6. If we comply with condition 10.5 we shall have no further liability for a breach of the warranty in condition 10.1 in respect of such Goods. In particular, but without limitation, we shall have no obligation to replace the Goods.
10.7. For hygienic reasons, we do not accept returns on worn earrings or body jewellery.
10.8. Our jewellery uses metals, which due to their nature will go off colour over time. We shall not be liable to you for any jewellery that has discoloured.
11. Limitation of liability
11.1. Except as set out in condition 10.1, and for the conditions implied by section 12 of the sale of Goods Act 1979 (as amended), all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from each Contract.
11.2. Nothing in these terms and conditions excludes or limits our liability:
11.2.1. for death or personal injury caused by our negligence; or
11.2.2. under section 2(3), Consumer Protection Act 1987; or
11.2.3. for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or
11.2.4. for fraud or fraudulent misrepresentation.
11.3. Subject to conditions 11.1 and 11.2:
11.3.1. OUR total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
11.3.2. WE shall not be liable to YOU for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12. Export sales
12.1. If you order Goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
12.3. If you order Goods from our website for delivery outside the UK, you will be notified of additional delivery costs dependent upon the current postal rates on the day of the order. You will be notified of these costs by email and subject to your acceptance and payment the Goods will be despatched to you.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Galiani Glass Art at an address provided to you in correspondence we use to notify to you. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
17. Intellectual property and limited use of website material
17.1. The Buyer recognises and agrees that all copyright, database rights, trademarks and other intellectual property rights in all material and/or content of the Company's catalogues and its website is owned by Galiani Glass Art or its licensors and shall remain at all times vested in the Company or its licensors unless otherwise agreed by the Company or its licensors in writing.
17.2 The reproduction of products or use of any photographic images on the website is strictly forbidden.
18.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our right to vary these terms and conditions
21.1. We have the right to revise and amend these terms and conditions from time to time.
21.2. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we accept your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
22. Law and jurisdiction
Contracts for the purchase of Goods through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.