E-Commerce Terms & Conditions

CHRISTE + CO - WEBSITE E-COMMERCE TERMS & CONDITIONS

1. Terms and Conditions of Sale

These Terms & Conditions ("Conditions") [which you will be deemed to have accepted by the use of this part of the Christie + Co Website ("the Website") and are in addition to any other terms and conditions relating to other parts of the Website applicable to the use of such parts] are binding upon you, should you place any order for products or services with Christie + Co through the Website. These Conditions also apply (where relevant) to the supply of the products or services by Christie + Co in response to postal orders, placed in response to the invitation made by this Website, of any product or service illustrated thereon.

2. Contract Formation and Governing Law

2.1 No contract will subsist between you and Christie + Co Limited ("Christie + Co") for the sale by Christie + Co to you of any product or service unless and until Christie + Co accepts your order by e-mail. Such acceptance will be deemed complete, and will be deemed for all purposes to have been effectively communicated to you, at the time Christie + Co sends such e-mail to you (whether or not you receive that e-mail). For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom and will interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Christie + Co each irrevocably submit to the non-exclusive jurisdiction of the English Courts. For the avoidance of doubt, nothing in these Conditions, nor in any contract formed between Christie + Co and any person ordering goods from this Website, shall confer upon any third party any benefit or right to enforce any provision of such contract and The Contracts (Right of Third Parties) Act 1999 shall not apply thereto.

2.2 Christie + Co must receive payment of the whole of the price for the products or services that you order before your order can be accepted.

2.3 All orders for products or services are subject to availability and Christie + Co reserves the right to refuse to supply to any individual or company.

3. Price

3.1 All prices include VAT where payable at the current rates and prices are correct at the time of entering information. However, Christie + Co reserve the right to change prices without prior notice.

3.2 You can pay by credit or charge card: We accept Master Card, Visa, Delta and Switch. All credit and charge card holders are subject to validation checks and authorisation by the card Issuer and if the Issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

4. Delivery of goods

4.1 We aim to process your order within 48 hours, but please allow up to 7 working days for delivery. Goods will be despatched by second class post (but may take longer to arrive at non-UK addresses).

4.2 An indication of delivery time is available on the Website at the time of purchase, but all delivery times are estimates only and Christie + Co cannot guarantee delivery times, as the delivery agents used do not guarantee delivery times to us.

4.3 Christie + Co will deliver products ordered by you at the address you give Christie + Co for delivery at the time you make your order. You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you, they will be held at your own risk and Christie + Co will not be liable for their loss or destruction.

4.4 As indicated on the Website, a standard delivery charge is payable for deliveries to the mainland United Kingdom irrespective of the number of items ordered at one time. You will be required to pay extra if delivery through the UK postal service is not possible, or where a surcharge is made for the location of delivery, and it may not be possible for Christie + Co to deliver to some locations. We will, of course, advise you by email should this be the case.

5. Withdrawal by you from the Contract

5.1 You may withdraw your order for products at any time up to the end of the seventh working day after we accept your order, even if you have then already received the item(s). You do not need to give Christie + Co any reason for withdrawing your order, nor will you have to pay any penalty but, save in the case of defective products, you will be required to bear the cost of return postage. The only circumstances in which you cannot withdraw your order are where you have taken the products you have ordered (or the ones in relation to which you want to withdraw) and have failed to take reasonable care of them pending return to us within the time-scale stated.

5.2 To withdraw your order for any product you must notify Christie + Co in writing (at the address set out below).

5.3 If you have received the products before you withdraw your order, then unless you have lost your right to withdraw because you have failed to take reasonable care of the item(s), you must send them back to Christie + Co’s contact address at your own cost and risk, accompanied by a duly completed returns card which is packed with the products.

5.4 If a financial refund is due to be made by Christie + Co (without extending any obligation to do so beyond those contained elsewhere in these Conditions) and the original payment was made by you by credit or debit card, then Christie + Co will refund the monies due to be repaid to such card and this will be re-credited to your account as soon as possible, and in any event within 30 days of the refund becoming due PROVIDED THAT the products in question are returned by you and received by Christie + Co in the condition they were in when delivered to you.

6. Accuracy of Information

6.1 Christie + Co make every effort to ensure that all information on its Website is up-to-date and current. However, Christie + Co does not represent or warrant that the information accessible via this Website is accurate, complete or current.

6.2 In particular, photographs and drawings of products are for illustration purposes only and the forms and colours so illustrated cannot be guaranteed.

6.3 Price and availability information is subject to change without notice.

7. General

7.1 Christie + Co shall have no liability to you for:

• any failure to deliver products or services you have ordered; or
• any delay in doing so; or
• any damage or defect to products delivered that is caused by any event or circumstance beyond Christie + Co’s reasonable control.

7.2 If any part of these Conditions is unenforceable (including any provision in which Christie + Co excludes its liability to you) the enforceability of any other part of these Conditions will not be affected.

7.3 These Conditions, together with Christie + Co’s current Website prices, delivery details and Christie + Co’s contact details, set out the whole of our agreement relating to the supply of products to you by Christie + Co through this Website. These Conditions cannot be varied except in writing signed by a director of Christie + Co. In particular, nothing said by any sales person on behalf of Christie + Co should be understood as a variation of these Conditions, or as an authorised representation about the nature or quality of any products offered for sale by Christie + Co, and Christie + Co shall have no liability for any such representation being untrue or misleading.

8. Privacy

To complete your order we need to collect some personal information, such as your name and address. This is used to fulfil your order and will be kept on Christie + Co’s Database, where it will be stored and processed in compliance with Data Protection legislation, and used as set out in Christie + Co’s own registration filed on the Data Protection Register (details of which are available from the Data Protection Website on www.dpr.gov.uk). Where we collect supplementary information, this is to improve the service we offer you (such as informing you of offers or events, or recommendations we believe will suit your buying pattern or to plan changes to the look or feel of the Website to reflect your preferences). Christie + Co do not sell any of your personal details to third parties, but we may consider passing your details to other companies within the Christie Group of which we form a part where we feel this would benefit our customers. If at any time you would like to know what information Christie + Co holds about you which has been obtained through your use of this Website, then please contact us and we will provide you with details of the information that we hold about you. If you would like Christie + Co to remove the information, please let us know at any time. Christie + Co may, at some time in the future, wish to pass on statistical information about customers, contacts, sales patterns, traffic volumes and related matters to reputable third parties.

9. Security of the Website

9.1 All credit and charge card payments will be processed using the SECPay System. Christie + Co reserve the right to change its payment system in its absolute discretion if it considers it appropriate to do so for sound business reasons.

9.2 Arrangements have been made with Christie + Co’s Internet Service Provider and its Bankers to comply with the rigors of such System. Although using the latest encrypted security software from a market leader, the security of information and payments transmitted by the Internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information or funds by means of e-mail or other Internet link shall be borne solely and exclusively by such user and in no event shall any such losses, in whole or in part, be borne by Christie + Co.

10. Disclaimer

10.1 To the fullest extent permitted at law, Christie + Co is providing this Website, its contents and facilities on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to the Website’s information, content, materials or products illustrated on the Website including, but without limitation, warranties of merchantability and fitness for a particular purpose.

10.2 Except as specifically stated on this Website, to the fullest extent permitted at law neither Christie + Co nor any of its agents, directors, employees or other representatives will be liable for damages arising out of, or in connection with, the use of this Website or the information, content, materials, products or services included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of, or damage to, property and claims to third parties.

10.3 However, for the avoidance of doubt, Christie + Co does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Christie + Co, its agents, directors, employees or other representatives.

10.4 Without detracting from the foregoing provisions of this Clause and (save in a case falling within Clause 10.3) the entire liability of Christie + Co pursuant to any claim arising shall be limited to the reimbursement of the cost of the products ordered and any appropriate delivery charge which has been paid.

11. Copyright and Trademarks