Definitions

'Conditions' shall mean these terms and conditions and terms of Website use.

'Delivery Address" shall mean the address provided by the Purchaser when placing an order for the Goods or Services.

'Goods' shall mean the goods as set out on the Website or other marketing material and ordered by the Purchaser.

'Purchaser' shall mean any person, firm, company, organisation or other, negotiating or agreeing to purchase the Goods.

'Seller' shall mean Eni Bankole-Race trading as Maverick Designs.

'Services' shall mean the services provided by the Seller in relation to the Goods.

'Website' shall mean the website www.maverickdesigns.co.uk or any other website owned or controlled by the Seller and relating to the Goods and Services.

Application of these Conditions

These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Purchaser to the exclusion of all other terms and conditions. No conduct by the Seller shall be deemed to constitute acceptance of any terms put forward by the Purchaser. These Conditions also contain the conditions subject to which any visitor to the Website must comply with. Any one accessing, using or downloading the Website or its content shall be indicating their acceptance of these Conditions by such use of the Website.

All prices and details of Goods and Services provided by the Seller shall be deemed invitations to treat.

All orders for Goods shall be deemed to be an offer by the Purchaser to purchase Goods pursuant to these Conditions.

Acceptance of delivery of the Goods, signature of any document provided by the Seller or clicking to indicate acceptance of the Conditions on the Website shall be deemed conclusive evidence of the Purchaser's acceptance of these Conditions.

Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed unequivocably in writing by an authorised officer of the Seller. By accessing, using or downloading the Website the Purchaser indicates acceptance to be bound by these Conditions, such acceptance being re-affirmed at each time of Website use.

Any offer to purchase Goods made orally must be confirmed in writing using the online ordering process provided on the Website.

The Purchaser may contact the Seller using the contact details provided by the Seller where it wishes to discuss negotiating the details of the Conditions.

The Purchaser warrants that it is not a minor and has the authority and ability to enter into an agreement with the Seller to purchase the Goods and Services.

Price and payment

The price shall be as set out on the Website, confirmation of order or invoice. The price for the Goods and/or Services shall be made clear to the Purchaser prior to delivery of the Goods and/or Services. Unless otherwise stated all prices quoted are exclusive of VAT and may be exclusive of transport fees.

The price may be subject to variation by the Seller where, following the Seller's acceptance of an order, there is an increase in the cost to the Seller in supplying the Goods and Services.

If the Purchaser fails to pay the fees prior to delivery of any Goods and/or Services the Seller shall be entitled to suspend delivery of any Goods and/or Services.

Interest on overdue payments shall accrue from the date of delivery from day to day until the date of payment at a rate of 4% above the NatWest bank base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. The Seller shall further have if it so decides the right to use the provisions under the Late Payment of Commercial Debts (Interest) Act 1998.

The Purchaser shall not be entitled to withhold payment of any amount payable to the Seller by reason of any dispute or claim by the Purchaser and in the case of any part delivery of the Goods shall remain liable to pay the full invoice price of all other goods delivered or available for delivery.

The Purchaser shall have no right of set off, statutory or otherwise.

The Purchaser shall reimburse to the Seller the entire cost of re-presenting any cheque or other instrument delivered to it in payment of any sum due by the Purchaser.

Any failure to pay on the due date will represent a breach of a contract condition entitling the Seller to rescind the contract for breach of condition and/or to claim damages.

Subject to the Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations"), if the Purchaser cancels its order at any time the Seller may treat the agreement to purchase the Goods as repudiated by the Purchaser and any deposit provided by the Purchaser for the Goods shall be forfeited and retained by the Seller without prejudice to the Seller's rights to recover from the Purchaser any loss, costs or damages in connection with the Goods incurred by the Seller as a consequence of cancellation as it shall think appropriate and shall have no obligation to account to the Purchaser for any price received by any third party for the Goods.

Delivery of Goods

Delivery of the Goods ordered by the Purchaser shall be deemed to have been effected when the Goods reach the Delivery Address or where a confirmation of delivery document is signed by the Purchaser or its representative at which point all risk shall pass to the Purchaser. Subject to the Seller being in receipt of payment in full for the Goods title in the Goods shall pass to the Purchaser.

The Seller shall use reasonable endeavours to deliver the Goods on the estimated delivery date but shall have no liability whatsoever for any loss, costs or damages occasioned by delay in delivery arising out of any cause whatsoever.
Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Purchaser shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within one month of the estimated delivery date.

Where forward instructions are required from the Purchaser and the Seller has given notice that the Goods are ready the Purchaser shall give such instructions in writing and in reasonable time and if the Seller does not receive such forwarding instructions it shall deliver the Goods as it thinks suitable.

The Seller reserves the right to make an additional charge for deliveries outside its place of business or for returns or further deliveries due to the failure by the Purchaser or its representative to take the Goods on delivery or to sign any confirmation of receipt document.

All deliveries made or work done at the Purchaser's request on Bank Holiday's, weekend and outside working hours may be subject to an extra charge.
Where there is more than one item of the Goods ordered and such items have to be delivered separately for whatever reason the Purchaser accepts that additional delivery charges may be requested by the Seller.

Where the Delivery Address is different to the Purchaser's address the Purchaser may need to provide further proof of identity and reasons why the Delivery Address is different to the Purchaser's address. The agreement between the Seller and the Purchaser and the provision of the Goods and/or Services are subject to the utmost good faith of which the Seller relies upon.

Accuracy of Description of Goods

Photographs and descriptions of the Goods shall be provided on the Website. All descriptions, specifications, drawings and particulars of colours, accessories, weights and dimensions submitted by the Seller or otherwise contained in the Seller's pricelist, technical literature, or other published matter are approximate only and none of these shall form part of any contract or give rise to any independent or actual liability upon the Seller.

The quantity and description of the Goods may be given in a quotation from the Seller and will be set out in any confirmation of order sent to the Purchaser prior to or on delivery of the Goods and/or Services.

The Seller reserves the right to alter the details and description of the Goods and/or Services at any time without notice. The Seller reserves the right to modify, supplement, move or delete parts of or add to the Website at any time without notice.

The Purchaser may be offered the facility to track the movement of the Goods from the time of ordering to time of delivery although the Purchaser does not provide any warranties to the accuracies of the process the position of the Goods.

Quality and Liability

All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Seller's relevant documentation) relating to the quality and/or fitness for purpose of the Goods are excluded.

The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
In the event of any breach of these Conditions by the Seller the remedies of the Purchaser shall be limited to replacement of the Goods or damages. Under no circumstances shall the liability of the Seller exceed the price of the Goods. The Seller shall not be liable for any marks, scratches, chips or any other defects that should have been noticeable or apparent on delivery and are not reported to the Supplier within seven working days of delivery.

All warranties and conditions whether implied by statute or otherwise are excluded from these Conditions PROVIDED THAT nothing in these Conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a Purchaser dealing as consumer.

The Seller shall not be liable for any consequential loss or indirect loss suffered by the Purchaser. The Seller shall not be liable to the Purchaser if the Purchaser fails to use the Goods in compliance with any safety information provided by the Seller or third party.

Use of the Website is at the Purchaser's own risk. The Seller is not responsible for any type of loss or damage sustained as a result of accessing or using the Website. The Seller assumes no responsibility for the content of any other websites to which the Website may have links. The Seller does not permit any third party to operate a link to the Website without the Seller's prior written consent. The Seller provides no warranty or guarantee that the Website shall be up to date or error free. The Seller excludes all liability (except for death and personal injury caused by the negligence of the Seller) caused by the use of the Website including any damage caused by but not limited to errors, viruses, bugs or other malicious code and harmful components. The Seller makes no claims or representations that the Website may be lawfully viewed or downloaded outside England and unless otherwise stated the Website is directed solely at consumers and businesses who access the Website from England. The Purchaser shall not use any device, software or routine to interfere with or attempt to interfere with the proper working of the Website nor attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. The Purchaser agrees to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the Website by any third party. The Purchaser shall have the right to immediately terminate the Purchaser's use of the Website if it determines in its sole discretion that the Purchaser has breached these Conditions or has otherwise engaged in conduct that the Seller determines to be unacceptable.

Time Limitation

Subject to any warranty provided for the Goods the Purchaser shall inspect the Goods on delivery and shall within seven working days from when the Purchaser has had first sight of the Goods notify the Seller of any alleged defect, fault or damage. The Purchaser shall afford the Seller an opportunity to inspect the Goods if the Seller thinks it necessary to do so within a reasonable time following notification and before any use is made of them. If the Purchaser shall fail to comply with this provision the Goods shall be conclusively presumed to be in accordance with the description and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Purchaser shall be deemed to have accepted the Goods. Subject to the Purchaser returning the defective or damaged Goods, the Seller shall replace the Goods and refund the Purchaser with the costs incurred in returning the defective or damaged Goods to the Seller following receipt of the courier's transport costs. The rates used to calculate the transport costs shall be the Royal Mail rate of registered post plus insurance. The courier costs shall only be refunded where such costs are reasonable in the opinion of the Seller and the Purchaser has complied with the Seller's return of defective goods guidelines. Where the Goods are found not to be fit for their purposes after 30 days following delivery the Purchaser shall contact the Seller directly for advice from customer service.

Insolvency

If the Purchaser fails to make payment for the Goods in accordance with any agreement with the Seller or these Conditions or if the Purchaser offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Purchaser or the Purchaser is unable to pay its debts or any resolution or petition to wind up the Purchaser (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrative receiver or manager shall be appointed over the whole or any part of the Purchaser's business or assets or if any petition for the appointment of an administrator is presented against the Purchaser all sums outstanding in respect of the Goods shall become payable immediately. The Seller may in its absolute discretion and without prejudice to any other rights which it may have suspend any deliveries of Goods to the Purchaser and/or terminate any agreement it has with the Purchaser without liability upon its part and/or exercise any of its rights pursuant to these Conditions.

Cancellation

The Seller may cancel an agreement at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Purchaser any sums paid by the Purchaser in respect of any deposit. The Seller shall not be liable for any loss or damage whatever arising from such cancellation. No cancellation of the whole or any part of any order by the Purchaser is permitted except where expressly agreed in writing by an authorised officer of the Seller and on terms which will indemnify the Seller against any loss incurred or in accordance with the Regulations.

Refund for the return of non-faulty Goods

Where any Goods have been posted to the Purchaser, acting as a consumer only, following an order and the Goods are capable of being returned to the Seller in the same condition the Seller shall have a cooling off period of seven working days from making the order in which to cancel the order and if the Purchaser does cancel the order it shall be refunded any payment made for the cancelled Goods within thirty days following receipt by the Seller of notice in Writing from the Purchaser of its cancellation and further subject to the Purchaser returning the ordered Goods to the Seller at the Purchaser's own cost. Where the Goods are not returned in their original packaging the Seller shall be entitled to charge the Purchaser 10% of the price of the Goods.

Intellectual Property

All copyright and other rights (including, without limitation, database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and to the Website and its contents (which for the avoidance of doubt shall include all information contained in or available from the Website ("the Content")) and all promotional material are owned by or licensed to the Seller or are otherwise used by the Seller as permitted under applicable laws. The Purchaser may use, view, download, copy or print textual or graphic content of the Website provided that it is solely used by you for the purpose as set out on the Website and provided that you do not change or delete any copyright, trademark or other proprietary notices in the Content. Under no circumstances may you use the Content in a manner that may give a false or misleading impression of the Seller. Any licence does not include any resale or commercial use of this Website.
You agree not to copy, reproduce, store in any medium (including, without limitation, in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of any of the Websites or Content or edit any part of any of the Website or Content other than as permitted above without obtaining the Seller's prior written consent. The Purchaser may not use any meta tags or any other 'hidden text'. The Purchaser shall not use any trade mark of the Seller without its express written consent.

Force Majeure

Neither party will be liable for any delay in performing or failure to perform any of its obligations under any agreement or these Conditions caused by events beyond its reasonable control ('Force Majeure Event').

Either party may, if the delay or stoppage continues for more than 90 continuous days, terminate the agreement for the Goods with immediate effect on giving written notice to the other and neither party will be liable to the other for such termination. The party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which the contract may be performed despite the Force Majeure Event.

Severability

Notwithstanding that the whole or part of these Conditions may prove to be illegal or unenforceable the other Conditions remaining shall remain in full force and effect.

Third Parties

For the avoidance of doubt nothing contained in these Conditions shall confer on any third party any benefit or the right to enforce these Conditions except where otherwise agreed in writing by an authorised officer of the Seller.

Non Waiver

No delay or omission in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other rights or remedies. No waiver shall be binding or effectual for any purpose unless expressed in writing and signed by an authorised officer of the Seller and any such waiver shall be effective only in the specific instance and for the purpose given.

Governing law

These Conditions are subject to the law of England the courts of which shall have exclusive jurisdiction.