- DEFINITIONS
In this document the following words shall have the following meanings:
1.1. “Buyer” means the organisation or person who buys Goods from the Seller;
1.2. “Goods” means the articles to be supplied to the Buyer from the Seller;
1.3. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4. “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5. “Supplier” means Cutouts and Collectables, registered at Office 1136, 321-323 High Road, Romford, Essex, RM6 6AX.
- GENERAL
2.1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- PRICE AND PAYMENT
3.1. The price shall be that what is displayed on our website at the time of purchase, or such other price as the parties may agree in writing. The price is inclusive of VAT and includes free standard shipping with orders over £50.
3.2. Payment of the price and VAT and any other applicable costs shall be due at the time of your order when you checkout on our website. All VAT and applicable delivery costs will be displayed at the checkout before you continue.
3.3. After you complete checkout, you will receive an order confirmation email containing the item(s) ordered along with the delivery service and costs.
3.4. We accept payments by Credit/Debit Card, PayPal, PayPal Pay in 3, Klarna, Laybuy & Clearpay. Payment for your order is taken at the time of your order. If using a Pay Later service, please ensure you read their terms and conditions on how to pay and any late fees that may occur.
3.5. Require payment in advance of delivery in relation to any Goods not previously delivered;
3.6. We may refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.7. Terminate the contract.
4. RIGHTS OF THE SUPPLIER
4.1. The Supplier reserves the right to update prices on the Website periodically without notice. Prices cannot be guaranteed for any period of time but the Supplier shall make all reasonable efforts to ensure prices are correct at the point at which the Buyer places an order. Notwithstanding the foregoing, should the price displayed for any Goods be genuinely and demonstrably erroneous for any reason, the Supplier shall not be obliged to supply the Goods at the erroneous price displayed, but the Supplier shall promptly contact the Buyer to explain the error and either offer a full refund or agree mutually acceptable alternative sale terms.
4.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time without notice.
4.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
5. DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
6. SAMPLE
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
7. DELIVERY
7.1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer by the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.2. The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
7.3. If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
7.4. The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
7.5. Orders placed for Cardboard Cutouts and Official Merchandise that are received before 12pm Monday-Friday are usually dispacthed the same day, orders placed after 12pm will be dispatched the next working day Monday-Friday. You should receive your order within 1-5 working days from your order is dispatched. Depending on the delivery service selected, we offer the following courier services:
Standard Shipping (3-5 Working Days) – £3.49. Your order should be delivered within 3-5 working days from the day we dispatch your order.
Express Shipping (2-3 Working Days – £5.99. Your order should be delivered within 2-3 working days from the day dispatch your order.
Expedited (1-2 Working Days) – £7.99. This is a 1-2 working day service Monday-Friday. We use DPD, DHL and Royal Mail for this service, you will be told once we receive your order of what courier will be used and tracking number supplied once dispatched. If your order is placed on a Friday before 12pm, this will be delivered on the following Monday.
Free Standard Shipping Over £35: We offer Free Standard Shipping on all UK Mainland orders over £35, this will be sent via Royal Mail Standard Shipping which will take 3-5 working days or you can upgrade the delivery at checkout.
7.6. There will be reasons beyond our control where the above delivery estimates are not met. Due to public holidays and busy times, the above times scales can differ but we will do everything we can to ensure your order is not delayed.
7.7. Pre-Order Products: Payment is taken at the time of your order, the item will be reserved and ordered with our supplier. We cannot guarantee you will receive your item due to demand and other factors. The Pre-Order dates shown on each product is only an estimate and can change at any time with out notice. You will be kept up to date on any date changes that may occur.
8. CANCELLATIONS AND RETURNS
8.1. If the Buyer is a Consumer, the present Terms & Conditions do not affect the Buyer’s cancellation rights under UK law applicable to purchases made at a distance. The Buyer may cancel any order for Goods for any reason at any time before Fourteen (14) Working Days from the day after the Goods have been received by the Buyer, a notice of cancellation shall be acceptable by letter or email and any payments due to the Buyer shall be refunded in full within 7 days, subject to our returns policy to the same means of payment as were used at the time of the transaction. Unless otherwise agreed in writing by the Seller, the Buyer is requested to return the Goods adequately packaged back to the Supplier at the Buyer’s expense promptly after cancellation. Express / Premium delivery service charges are non-refundable unless the item is damaged/faulty.
8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by letter or via email at contact@cutoutsandcollectables.co.uk within Fourteen (14) Working Days of delivery if the Goods are damaged or defective or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made the Goods shall be returned by the Buyer within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective or damaged, the return shipping costs will not be refunded if you are returning an item due to change of mind.
8.4 Goods to be returned must clearly show the order number obtained from the Supplier on the package and returned to the address given in the email.
8.5 Where returned Goods are found to be damaged due to the fault of the Buyer the Buyer will be liable for the cost of remedying such damage.
9. RISK
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller’s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
10. TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
11. WARRANTY
11.1. Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 14 working days from the date of delivery, subject to the following conditions:
11.2. the Buyer notifying the Seller in writing at Cutouts and Collectables, Office 1136, 321-323 High Road, Romford, Essex, RM6 6AX or email at contact@cutoutsandcollectables.co.uk or contact us via Social Media immediately upon the defect becoming apparent;
11.3. the defect being due to the faulty design, materials or workmanship of the Seller.
11.4. Any Goods to be repaired or replaced shall be returned to the Seller at the our expense, we will pay to have the item returned back to us or we may ask you to dispose of the item if we receive valid photos from you showing the damage.
11.5. Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
11.6. The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
11.7. The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
12. LIABILITY
12.1. No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
12.2. the correspondence of the Goods with any description;
12.3.the quality of the Goods; or
12.4. the fitness of the Goods for any purpose whatsoever.
12.5. No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
12.6. the correspondence of the Goods with any description;
12.7. the quality of the Goods; or
12.8. the fitness of the Goods for any purpose whatsoever.
12.9. All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
13. LIMITATION OF LIABILITY
13.1. Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
13.2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
14. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
15. FORCEMAJEURE
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, 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. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
16. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
17. WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
18. SEVERABILITY
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.
19. CHANGES TO THESE TERMS AND CONDITIONS
The supplier shall be entitled to change or amend these Terms and Conditions at any time without notice but shall not affect the existing Terms and Conditions accepted by the buyer upon making a purchase from our website.
20. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.