Terms and Conditions

1. ABOUT THIS DOCUMENT 1.1 What they cover This document sets out our Terms & Conditions (referred to as the sale conditions). 1.2 Changes We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our website. Those changes will not affect any orders you submitted before the change. 1.3 Exclusion of your terms of purchase These sale conditions apply to the exclusion of your terms and conditions of purchase. 2. ABOUT US Animats Europe Limited a company registered in the United Kingdom, with company number 13261901. Our registered office is at Flat 6 Campden House Harben Road, London NW64RN. 3. BUSINESS SALES ONLY Animats Europe Limited a company registered in the United Kingdom, with company number 13261901. Our registered office is at Flat 6 Campden House Harben Road, London NW64RN. 4. DEFINITIONS In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web & catalogue pages through which you ordered the goods, the descriptions and specifications of the goods on our web site, catalogues and leaflets, and our e-mails to you acknowledging and/or accepting your order; the delivery charges means the delivery charges for your order stated in the ordering web pages, catalogue, any order confirmation e-mail we send to you or advise at time of ordering; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages or provided at the point of opening of the account or an address given at the point of order; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages, catalogue or promotional leaflet and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping trolley and the checkout and other ordering pages generated by our web site and sent to your browser’s specific to your orders; you and your means the person purchasing the goods from us; the web site means our web site through which you ordered the goods; and working or business day means Monday to Friday, except bank or other public holidays. 5. HOW THE CONTRACT IS MADE 5.1 Your order Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to the moment that we accept payment for it. 5.2 Acceptance of your order Your order is accepted, and the contract is made, when we receive payment for the item from you. 5.3 Declining your order If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available. 6. SALE AND PURCHASE On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents. 7. DESCRIPTION The goods will be the make and model of goods specified in the ordering web or catalogue pages or promotional leaflet, will correspond to the essential characteristics, description and specification set out in our web site or literature at the time of order. We will not be responsible for variations between the description of the goods on our web site/literature and the manufacturer’s specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us. If you order a product with a personalised image,We will send you a draft image for approval before printing, make sure to confirm in time. Due to the nature of our products, you can expect small differences in colour and design, even from the design we send you for approval. 8. CHARGES AND VAT You agree to pay the price, delivery charges and other charges stated in the ordering web pages/catalogue pages or, if advised at point of order, in accordance with the terms of the contract. The price, delivery charges and all other amounts payable under the contract are exclusive of value added tax which we may charge in addition at the rate applicable from time to time and which shall be payable at the same time as the amount on which it is charged. 9. PAYMENT TERMS 9.1 Payment With Order Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order. 9.2 Credit Account- cancelled 9.3 Payment Methods We accept payment by MasterCard, Visa, AMEX, and such other cards as may be stated on our web site from time to time. Payment is deducted when we process your order if payment is due with order. If your payment cannot be authorised or cleared for any reason we will tell you. 9.4 No Set-off You must make all payments in full without set-off, deduction, counter-claim, or withholding. 9.5 Interest If you fail to pay any amount on time, then we shall have the right to charge you, and you shall pay on demand, daily interest on the overdue amount such interest to run from the date when you should have paid it until the date you actually pay it (both before and after we obtain any court judgement) at the per-annum rate of 8% over the Bank of England base rate. 10. DELIVERY 10.1 Delivery Address Delivery will be to the delivery address selected or provided by you in the ordering web pages or specified at point of order via any other channel. We do not deliver to PO Box addresses. There may be an extra charge for delivering to some remote areas. 10.2 Delivery Days We use third parties for deliveries and depend on their delivery days, they do not deliver on public and bank holidays, within the working hours specified on our web site (or if not specified, between 8am and 6pm). Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 12.30 p.m., please calculate your delivery time as if your order had been placed the following working day. Please be aware some items may take longer. 10.3 Delivery Timescales We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages/catalogues, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. If we do not make a delivery date and we fail to deliver within a further 21 days, then please contact us and we’ll send you a new product. This shall be our sole liability and your sole remedy for late or non-delivery. Standard delivery timescales may not apply to remote areas. 10.4 Instalments We may make delivery of the goods by instalments. 10.5 Failure to Receive the Goods If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, then we may charge you our reasonable costs of returning the goods to the depot, our reasonable costs of storage, and our reasonable charge for re-delivering the goods at another time. We may give you the option of collecting the goods from our depot or requesting further delivery attempts (at reasonable charge). 10.6 Delivery Note Deliveries may need to be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the delivery note received with your goods, as this will be important if you are returning the goods later on. 10.7 Installation- N/A 10.8 Inspection on delivery When you receive your goods, you should immediately check them for any discrepancies against your initial order, this should include damages, faults or shortages. Please report any damages or shortages to ourselves by the end of the following day, and any faults within 3 days if not initially known. If no correspondence is received within these time frames we will consider the goods to have been delivered correctly, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods. Any other claims outside of this period will not be accepted. 10.9 Risk N/A 10.10 Retention of Title Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the full RRP, notwithstanding that title has not passed. You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them. 11. CANCELLATION RIGHT Due to the items being personalised, we can not accept any cancelations, be aware that our designing team work on the graphic design even before it has been printed. 12. Warranty Our items come without warranty unless specified otherwise. If items arrive damaged please contact us for replacement. 13. LIMITATION OF LIABILITY 13.1 Meaning of “liability” In the contract, references to our “liability” shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods. 13.2 Liability Not Limited We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract. 13.3 Excluded Types of Loss Subject to the Clause 13.2, we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. 13.4 General Limitation With the exception of liability covered by Clauses 13.2, 13.4 and 13.5 above, our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract. 14. FORCE MAJEURE We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, pandemic, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil. 15. OUR RIGHT TO CANCEL OR VARY If: (a) we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or (b) our web site and/or ordering web pages and/ catalogues and promotional literature contained any error, including in relation to the description or price of any of the goods; or (c) if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted, we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances. 16. GENERAL 16.1 Entire Agreement The contract documents constitute the entire agreement between you and us for the sale and purchase of the goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the sale conditions shall only be binding upon us if made in writing and signed by a director. No employee, other than a company director, has authority to change the terms of the contract. 16.2 Assignment by customer You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent. 16.3 Assignment by us We shall be entitled to assign the benefit of the contract and any debts under the contract. 16.4 Third Party Rights The contract shall not benefit or be enforceable by any third party. 16.5 Sub-contracting We may subcontract our obligations under the contract. 16.6 Invalid Terms Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force. 16.7 Waivers We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on. 16.8 Law and Jurisdiction The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.