In these Terms and Conditions:-
1.1 “Agreement” means an agreement for the supply of Goods from View Gift Shop to the Purchaser which shall be governed by these Terms and Conditions;
1.2 “View Gift Shop” means View Gallery Limited
1.3 “the Delivery Date” means a date notified to the Purchaser by View Gift Shop for the delivery of Goods;
1.4 “Goods” meaning good ordered from View Gift Shop, and includes (where the context admits) each instalment or consignment of the same;
1.5 “the Purchaser” means the person, firm or company contracting to purchase Goods from View Gift Shop;
2.1 These Terms and Conditions, with such variations only as a Director of View Gift Shop may consent to or specify in writing, shall apply to and govern all Agreements;
2.2 All terms, conditions, representations and warranties whether express or implied, and whether before or on the date of any Agreement, are hereby excluded, save to the extent that the same appear in these Terms and Conditions or are specifically agreed in writing by a Director of View Gift Shop
2.3 By placing an order for Goods subsequent to any previous receipt of or referral to these Terms and Conditions, the purchaser acknowledges that these Terms and Conditions shall prevail over any qualification or condition purposed to be imposed by the Purchaser.
3.1 Unless expressly stated otherwise, prices quoted for Goods are net and ex-works. View Gift Shop is registered VAT.
3.2 The price payable for Goods is that current at the Delivery Date
3.3 Prices indicated in View Gift Shop’s quotations, catalogues, and other advertising material shall not be binding on View Gift Shop
4.1 The Purchaser shall pay for Goods by the end of the following calendar month of the date of invoice, or on the terms as stated on front of invoice, but the allowance of this credit period is subject to the provision of paragraph 7.4.5
4.2 In the event of any delay in payment, View Gift Shop shall be entitled to charge the Purchaser interest, calculated on a daily basis, at the rate of 3% over the base lending rate of Lloyds Bank plc from time to time, for the period that payment is overdue.
5.1 Goods shall be delivered from the premises of View Gift Shop on the Despatch Date and, unless otherwise agreed, the Purchaser shall pay for the carriage of the Goods.
5.2 Risk in Goods shall pass on delivery
5.3 For delivery, time shall not be of the essence
The Purchaser shall inspect Goods as soon as practicable after delivery and shall report any shortages in, breakages of or defects in Goods to View Gift Shop in writing within seven working days of delivery, failing which the Goods shall be conclusively presumed to have been accepted as being in good order and in conformity with the Agreement.
7.1 Until the Purchaser has both :-
7.1.1 paid in full for the Goods; and
7.1.2 paid in full or other monies it owes to View Gift Shop howsoever such debts have accrued those Goods shall remain the sole and absolute property of View Gift Shop as legal and equitable owner
7.2 In the event of delivery of Goods prior to the passing of title in them, the Purchaser shall be in possession of them solely as bailee and fiduciary agent of View Gift Shop until such time as the Purchaser has paid for them in full
7.3 The Purchaser shall insure to their full value Goods where in the risk but not the title has passed to it and shall indemnify View Gift Shop for loss, damage to or destruction of such Goods and shall hold any insurance monies payable in respect of such Goods in trust for View Gift Shop
7.4 Until title to Goods has been passed to the Purchaser:-
7.4.1 The Purchaser shall store and label them to that they remain separate from other goods in the Purchaser’s possession and are readily identifiable as the property of View Gift Shop
7.4.2 The Purchaser shall at the request of View Gift Shop deliver them up to View Gift Shop and allow View Gift Shop to recover them on request and for such purpose View Gift Shop may at any time (though its representatives or agents) enter premises at which they are situated;
7.4.3 The Purchaser may as fiduciary agent of View Gift Shop dispose of them in the course of its business and pass good title to them to its own customer (being a bona fide Purchaser for the value without notice of View Gift Shop rights) provided that such disposal shall be by the Purchaser as principal in relation to its own customer and shall not commit View Gift Shop to any contractual relationship with or liability to any such customer
7.4.4 The permission contained in paragraph 7.4.3 may be revoked at any time by notice by View Gift Shop and shall automatically and without notice be revoked upon the commencement of liquidation proceedings (compulsory or voluntary) of the Purchaser of the appointment of a receiver, administrator, administrative receiver or judicial administrator over any part of the Purchaser’s assets;
7.4.5 In the case of all disposals of Goods under paragraph 7.4.3, View Gift Shop shall be legally and beneficially entitled to the proceeds of the disposal; the Purchaser shall not use the same in the course of its business and shall account to View Gift Shop forthwith for the proceeds of the disposal notwithstanding that the period of credit allowed to the Purchaser hereunder may not have expired, keeping the same, until paid over to View Gift Shop, identified as View Gift Shop’ monies and separately from its own monies and those of third parties, in a separate bank account in which a credit balance shall be at all times maintained
8.1 Subject to paragraph 8.3, View Gift Shop hereby excludes all conditions, undertaking and warranties implied by law in relation to Goods
8.2 Subject to paragraph 8.3, View Gift Shop hereby excludes all liability for consequential or indirect loss or damage (including loss of profits, economic loss and exploitation loss) suffered by the Purchaser by reason, directly or indirectly, of any breach by View Gift Shop of any Agreement
8.3 Nothing in this paragraph 8 of these Terms and Conditions or any Agreement shall exclude or restrict View Gift Shop’ liability for :-
8.3.1 death or personal injury resulting from negligence of View Gift Shop, its servants or agents; or
8.3.2 breach of View Gift Shop’ implied undertaking as to title of Goods
9. Force Majeure
View Gift Shop shall not be under any liability to the Purchaser in respect of any failure to perform, or delay in performing, any obligation under any Agreement attributable to any cause of whatsoever nature beyond View Gift Shop’s reasonable control, any no such failure or delay shall constitute a breach of contract by View Gift Shop.
Without prejudice to its rights and remedies, View Gift Shop may without liability terminate any Agreement forthwith on written notice if:-
10.1 the Purchaser is in any material breach of the same; or
10.2 any distress, execution or other legal process is levied upon any of the Purchaser’s assets; or;
10.3 any arrangement or composition is made between the Purchaser and its creditors or there is passed a resolution or there is made an order for the winding-up of the Purchaser, or there is made any administration order in respect of the Purchaser or there is appointed any liquidator or administrative receiver, judicial administrator or receiver or manager in respect of any part of the undertaking or assets of the Purchaser
11. No Waiver
Any failure or delay on the part of View Gift Shop to terminate an Agreement or take any action for the enforcement of an Agreement in consequence of any breach by the Purchaser shall not operate as a continuing waiver of the breach in question or prevent View Gift Shop from subsequently enforcing its rights in respect of that continuing or any other breach
12.1 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 and enforceability of the remainder of the provisions hereof shall not be affected thereby
12.2 Every Agreement shall be construed and take effect in accordance with the laws of England and Wales and the parties shall accept the non-exclusive jurisdiction of the English Courts.
13. Copyright and intellectual property
13.1 The copyright in this website belongs to View Gift Shop and will at all times remain with us. You may access this website for your own non commercial use only. You may not copy, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any of the content on this website.
13.2 You may not delete or alter in any way any copyright, trade mark, intellectual property or other legal notices from any part of this website.