Terms of Sale - Bespoke Saddles
GENERAL PROVISIONS
The purpose of these terms and conditions of sale (hereinafter “TCS”) is to govern all sales made by Mon Sellier Ltd (“Seller”) to its Purchasers (“Purchaser”) (Seller and Purchaser, collectively referred to as “Parties”). By issuing this order confirmation, the Seller has accepted the order and the Purchaser confirms its prior acceptance of these TCS, without restriction of reservation, and its full and entire agreement thereto. These TCS shall prevail over all other documents issued by Purchaser as to terms and conditions of sale.
ORDERS
This order may no longer be cancelled as these products, including but not limited to saddles, are made to measure and highly customized. The Purchaser is no longer entitled to change or cancel the order and shall be bound to pay the total price stated in this order confirmation.
RETURNS:
All bespoke saddles sales are final. There will be no refunds or replacement under any circumstances. In exceptional circumstances, if Seller consents to a return, in writing, the items must be returned at Purchaser’s expense (postage prepaid). Restocking fees of 33.33% of the purchase price will apply.
PRICES
Prices stated on this order confirmation are final. Purchaser accepts that Seller will charge sales tax as applicable to the delivery address.
PAROLE EVIDENCE - INTERPRETATION:
This writing, together with Seller’s sales invoice, is intended by the Parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the Parties’ agreement.
PAYMENT TERMS:
The payment terms and conditions, stated in this order confirmation, shall also apply to partial deliveries. No discounts shall be granted for early payment and/or preorders. Unless otherwise provided in Seller’s sales invoice, Purchaser’s payment shall be due at the time of Purchaser’s order. Payment shall be made in cash or by check, debit card or credit card, without discount or offset. Payment shall be deemed made when Seller has received, as applicable, Purchaser’s cash payment, Purchaser’s check has cleared or Seller receives Purchaser’s payment through Seller’s bank. Seller reserves all rights against Purchaser in the event of non-payment. In the event of payment delays or irregularities by the Purchaser, the Seller shall be entitled to cancel the pending order and any subsequent orders. The Seller may require full payment for the products, or equivalent financial security, for payment at any time prior to the receipt of the products by the Purchaser if the Seller has reasonable grounds for insecurity with respect to payment by the Purchaser. If the Purchaser fails to pay an invoice at maturity date or if the Purchaser defaults, breaches or repudiates this TCS or any other agreement with Seller, or if the Purchaser shall become insolvent, calls a meeting of its creditors or if a bankruptcy, insolvency, reorganization or arrangement proceeding shall be commenced by or against the Purchaser, or if Purchaser refuses to make payment as provided for herein, Seller shall have all available rights and remedies under the commercial code and Purchaser shall be liable for any and all damages to the Seller, including reasonable attorneys’ fees and expenses. By entering into
this contract, Purchaser represents that it is not insolvent. If Purchaser becomes insolvent before any delivery hereunder, it will notify Seller. For purposes of this TCS, a Purchaser is insolvent if the Purchaser has ceased to pay his, her or its debts in the ordinary course or business, cannot pay his, her or its debts as they become due, or is insolvent within the meaning of the federal bankruptcy laws.
DEPOSIT:
The deposit is non refundable in all circumstances.
DELIVERY:
1. As the goods are imported from Italy, any estimated delivery dates provided in Seller’s sales invoice are provided for information purposes only and are not intended to act as a binding agreement on the Seller. Purchaser hereby waives all claims to damages for late deliveries.
2. This is a shipment contract. The goods will be shipped and shall be deemed to have been delivered for the purposes of this contract, on the date when possession of the goods is transferred to the first carrier or forwarder. This contract shall be construed as a shipment agreement even if price or mercantile shipping terms such as « F.O.B. », « C. & E. » or « C.I.F. » appear on the Seller’s sales invoice.
3. Seller shall have the right to ship the goods sold hereunder in one or more shipments or deliveries if Seller deems advisable. Each shipment or delivery shall be construed and considered as a separate sale under the terms and conditions of this contract, and the Purchaser agrees to accept and pay for any such shipment or delivery as provided herein.
The shipping costs will be paid as per the attached invoice. In the event damage or shortage occurs during shipment, no claims shall be accepted unless the Purchaser expressly notes its reasoned reservations (for example, damaged box) on the delivery slip at the time the delivery is received, and confirms such reservations to the carrier and to the Seller by certified mail or e-mail within a period of 72 hours. The Seller reserves the right to suspend all deliveries to the Purchaser in the event of a delay in payment, even if no formal demand for payment has been made on the Purchaser.
FORCE MAJEURE:
Seller shall not be responsible for delay, non-delivery or default in shipment in whole or in part if occasioned by strike, war, pandemy, riot or revolution or for any delay in transportation due to demands, embargoes of UK government or any other government, or non-delivery or delays through fire, floods, drought, accidents, bad weather, insurrections, lock-outs, breakdown of machinery, acts of God, perils of the sea, stoppage of labor, shortage of carrier or refusal or any necessary license or government restrictions considered as “Force Majeure” or any other unavoidable cause either in the location where the goods are shipped from and/or the location where the goods are shipped to and in no case shall Seller be responsible after delivery of goods in good order or condition.
SECURITY DEPOSIT:
In the event that Purchaser participates in a trade in offer or requests an exchange, Purchaser understands that he or she will be asked to put down a security deposit equal to the value of the saddle to be traded in or returned. In the event that Seller does not receive the traded in or exchanged saddle within 2 weeks of Purchaser’s shipment of the new saddle, Seller understands that the security deposit will be forfeited to Seller.
WARRANTIES:
Purchaser affirms that he, she or it has had ample opportunity to inspect, examine and test the model or sample of the goods as Purchaser desires during the fitting process and that Purchaser has examined the model or sample and has found no defects therein. NO WARRANTY IS MADE BY SELLER EXCEPT THAT THE GOODS DELIVERED UNDER THIS CONTRACT WILL BE SUBSTANTIALLY IDENTICAL WITH THE MODEL OR SAMPLE INSPECTED.
This warranty does not cover normal wear and tear, abuse, neglect and other misuse or damage of the goods purchased under these TCS., including damage which occurs during shipping. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS, AND OF ANY OTHER OBLIGATION ON THE PART OF THE SELLER.
LIMITATIONS OF DAMAGES:
SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. PURCHASER’S SOLE AND EXCLUSIVE REMEDY, AT SELLER’S SOLE DISCRETION, SHALL BE THE REPLACEMENT OR REPAIR OF PARTS, BUT ONLY IN THE EVENT OF DEFECTIVE GOODS. SELLER IS NOT RESPONSIBLE FOR ANY DAMAGE TO PERSONS, ANIMALS OR PROPERTY RESULTING FROM THE USE OR MISUSE OF THE GOODS. PURCHASER UNDERSTANDS THAT HORSEBACK RIDING, BY ITS VERY NATURE, INCLUDES CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES AND/OR THE QUALITY OF EQUESTRIAN PRODUCTS AND ACCESSORIES.
CLAIMS AND NOTICE OF CLAIMS:
All claims of Purchaser for defects, non-conformity, loss, damage and errors of the goods sold by Seller which did not occur during the shipping to Purchaser under this TCS shall be made by Purchaser in writing and delivered to Seller:
- Within 7 days of receipt of the goods if the claimed defect, damage, error or non-conformity is visible upon reasonable examination or
- Within 14 days of receipt of the goods if the claimed defect, damage, error or non-conformity is not visible upon reasonable examination. Such written notice of claim shall fully specify all claimed defects, non-conformity, loss, damage, errors or shortages in goods and must be accompanied by the samples of goods found irregular and the invoice number under which the goods were shipped. Upon written notice of claim, Seller shall have the right to inspect the goods. The receipt by Seller of a written notice of claim within the time above specified shall be a condition precedent to Purchaser’s right to reject, cancel or bring any suit of proceeding. Such failure by the Purchaser to give timely written notice shall constitute an acceptance of the goods and an admission that they fully comply with all the terms, conditions and specifications of the contract.
MODIFICATION:
This TCS can be modified only by a writing signed by the party to be charged with the modification.
RESOLUTION OF DISPUTES:
Any controversy or claim arising out of or relating to the TCS or any other agreement between Purchaser and Seller shall be brought before the courts of England.
APPLICABLE LAW:
This contract, and all of the right and obligations of the parties under this contract, shall be governed by the Uniform Commercial Code as enacted and in force in the United Kingdom on the date of this contract.
STATUTE OF LIMITATIONS:
No proceeding or action of any type may be maintained if commenced later than one year following the accrual of the cause of action.
WAIVER OF PERFORMANCE:
The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereon constitute a waiver of any succeeding breach of the same or any other provision nor constitute a waiver of the provision itself.
PURCHASES FACILITATED BY SOFTWARE.
Sales of product to purchaser may be facilitated by use of Seller’s proprietary software application. Through the use of such application, Seller collects the personal information provided by Purchaser such as Purchaser’s name, address email address, order details, and credit card information. By providing personal information to Seller to complete a transaction, verify Purchaser’s credit card, place an order, or arrange for a delivery, Purchaser consents to collection and use of such personal information for such specific purpose only.
USE AND DISCOSURE OF INFORMATION.
Seller may use personal information collected for future marketing initiatives. Seller may disclose specific personal information about Purchaser or to prevent unauthorized use of credit cards, or if required by law,
governmental request or court order, if based on Seller’s good faith belief it is necessary to conform or comply with such law, request or court.
STORAGE AND TRANSMISSION OF INFORMATION.
Personal information Personal information Seller collects from Purchaser may be securely stored in the memory of the devices used for order processing. Personal information may also be encrypted and transferred via a secure https connection to Purchaser’s servers in the UK or abroad and stored there.