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By
using our website, placing an order for goods and/or registering as a member
of our websites you confirm your agreement to our terms and conditions,
including the Privacy Policy, as set out above:
Conditions
1.
An order for goods placed by you, the buyer through our websites shall
be subject to these terms and conditions
2.
All other terms and conditions, express or implied by statute or otherwise,
are excluded to the fullest extent permitted by law.
3.
Nothing in these terms and conditions shall affect the statutory rights
of any consumer
Orders
4.
All orders for goods shall be deemed to be an offer by you, the buyer,
to purchase goods pursuant to these terms and conditions
5.
You, the buyer, shall be responsible for ensuring the accuracy of the details
provided on the order form and we will not be obliged to accept an order
unless all details requested on the order form have been entered correctly
6.
No order submitted by you, the buyer, shall be deemed to be accepted by
us unless and until we confirm acceptance of the your order by e-mail (where
applicable) or by telephone
7.
We are entitled to refuse any order placed by you and will not be required
to provide an explanation
Goods
8.
The goods may differ very slightly from the images shown
9.
We reserve the right to substitute products of a similar description and
standard if the requested goods are not available but will use reasonable
endeavors to match your order exactly. In the unlikely event of you receiving
a substituted product you, the buyer, shall be entitled to return the goods
for a full refund within 10 working days from the date of delivery, should
the substituted product not be acceptable to you.
Price
and Payment
10.
The price of the goods will be the price quoted on the website at the date
the order is received and will include a sales tax for any resident of
Illinois unless specified otherwise
11.
We reserve the right, by giving notice to you, the buyer, at any time before
delivery to increase the price of the goods to reflect any increase in
the cost to us, which is due to any factor beyond our control (such as
without limitation, any foreign exchange fluctuation, significant increase
in the costs of labor, materials or other costs of manufacture as well
as shipping fees)
12.
In the unlikely event of there being such an increase in the price of the
goods you, the buyer, shall be entitled to cancel the order at any time
before delivery
Payment
13.
When we provide any goods to you, the buyer, under these terms and conditions,
payment will be charged to the credit card account provided by you on the
website order form
14.
By placing an order, you, the buyer, consent to payment being charged to
your credit card account as provided on the order form
15.
Title to the goods will pass to you, the buyer, on payment in full of the
price of the goods
16.
We will issue you with an electronic receipt to your email address once
the goods have been dispatched
Delivery
17.
The goods will be delivered to you, the buyer, at the address provided
by you on the order form
18.
The risk in the goods shall pass to you upon such delivery taking place
19.
Any dates quoted for delivery of the goods are approximate only and we
shall not be liable for any delay in delivery of the goods however caused.
If however we are unable to deliver your goods by the date quoted for delivery
you, the buyer shall be entitled to cancel the order at any time before
delivery takes place
20.
You should note that we are only able to deliver to locations served by
UPS at present
21.
We shall not be liable to you, the buyer, for short delivery of the goods
however caused but will provide you with the outstanding goods as soon
as is reasonably practical. If however we have not delivered the outstanding
goods within 7 days from the indicated date of delivery you, the buyer,
shall be entitled to cancel the order for the outstanding goods
Return
of goods
22.
You, the buyer, will inspect the goods as soon after delivery as is reasonably
practicable and will notify us of any shortages, defects in the goods or
any other complaint in respect of them within 10 working days from the
date the goods were delivered.
SAVE
IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU, THE BUYER, FAIL TO COMPLY
WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER
COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD
Your
Warranty
23.
You, the buyer, warrant that all details provided on the order form for
the purpose of purchasing the goods are correct, that the credit card you
are using is your own and that there are sufficient funds and/or sufficient
unused limit available to cover the cost of the goods
LIMITATION
OF LIABILITY
24.
We will use all reasonable endeavors to carry out its obligations within
a reasonable period of time but will not be liable to you, the buyer for
any loss, costs or expenses arising directly or indirectly from any delays
in doing so and we will not be deemed to be in breach of this Agreement
by reason of any delay in performing, or any failure to perform, any of
its obligations in relation to this Agreement, if the delay or failure
was due to any cause beyond our reasonable control. Without prejudice to
the generality of the foregoing, the following will be regarded as causes
beyond our reasonable control:
24.1.1
Act of God, explosion, flood, tempest, fire or accident;
24.1.2 War or threat of
war, sabotage, civil disturbance or requisition;
24.1.3 Acts, restrictions,
regulations, bylaws, prohibitions or measures of any kind on the part of
any governmental, parliamentary or local authority;
24.1.4 Import or export
regulations or embargoes;
24.1.5 Strikes, lock outs
or other industrial actions or trade disputes;
24.1.6 Difficulties in obtaining
raw materials, labor, fuel, parts or machinery;
24.1.7 Power failure or
breakdown in machinery
If
we are prevented from carrying out is obligations in the above circumstances,
it will notify you in writing. If we are still prevented from carrying
out its obligations 3 weeks from the dated such notice was sent, then either
party may give written notice to the other canceling the Agreement. If
the Agreement is canceled in this way we accept no liability to compensate
you for any loss or damage caused by failure to perform
Intellectual
Property
25.
The copyright in the material contained in this website and any trademarks
and brands included in that material belongs to Lodge Designs, Inc. or
its licensers
26.
You may download or copy the content and other down-loadable items displayed
on the website subject to the condition that the material may only be used
for personal non-commercial purposes. Copying or storing the contents of
the website for other than personal use is expressly prohibited
Website
27.
We will attempt to ensure that the information available on the website
at any time is accurate. However, we will not be held liable for any errors
or omissions. We will use all reasonable endeavors to correct errors and
omissions as quickly as practicable after becoming aware or being notified
of these
28.
All drawings, photographs, descriptive matter and specifications of the
goods on the website are for the sole purpose of giving an approximate
description of the goods
29.
We may also change, suspend or discontinue any aspect of the website, including
the availability of any features, information, database or content or restrict
access to parts or all of the website without notice or liability
General
30.
We may from time to time change, alter, adapt, add or remove portions of
these terms and conditions but if it does so it will post any such changes
on the website
31.
If any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity
of the other provisions of this Agreement and the remainder of the provision
in question will not be affected.
32.
USA law will apply to this Agreement, and the parties agree to submit to
the non-exclusive jurisdiction of the USA courts.
33.
The headings in this Agreement are for convenience only and will not affect
their interpretation.
Queries
and Complaints
34.
We aim to respond to e-mail, faxed and written queries within 24 hours.
35.
In respect of complaints, we will consider the nature of the complaint
and will contact you within 21 days of the complaint giving you the result
of the inquiries and what we proposes should be done.
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