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By ordering from Celestial Inspirations
you are agreeing to purchase
the Goods set out in the Celestial
Inspirations invoice according
to the Conditions listed below
(including any other related
Company Policies e.g. 'Our Customer
Service Guarantee’, Returns/Refund
Policy’ and ‘Delivery
and Installation Charges’
as detailed on our website.
1 Definitions and Interpretations
1.1 In these Conditions, unless
the context otherwise requires,
the following words and expressions
shall have the following meanings:
"Consumer" a consumer
as defined by Directive 97/7/EC
of the European Parliament and
of the Council of 20 May 1997
on the Protection of Consumers
in Distance Contracts
"Customer" the person
who makes an offer to buy the
Goods from Celestial Inspirations
subject to these Conditions
and whose offer for the Goods
is accepted by Celestial Inspirations
and such acceptance is acknowledged
to the Customer in writing.
"Contract" the contract
for the purchase and sale of
the Goods "Export Goods".
Goods that are the subject of
EU Orders or Worldwide Orders
(as defined below).
"Goods" the goods
ordered by the Customer from
Celestial Inspirations.
"Celestial Inspirations"
Celestial Inspirations SL of
Calle Capelleta 25, Calvia,
07184, Islas Baleares, Espana.
"Writing" includes
e-mail and invoice.
2 General
2.1 Celestial Inspirations
shall sell and the Customer
shall purchase the Goods in
accordance with these Conditions.
2.2 All Contracts made by the
Company and any additions or
amendments thereto shall be
subject to these Conditions
which shall supercede and shall
be taken to override any terms
or conditions proposed or stipulated
by the Customer.
2.3 Celestial Inspirations
reserves the right to alter
these Conditions from time to
time without notice to you and
the alterations will apply to
any orders received after that
time.
2.4 Celestial Inspirations
employees or agents are not
authorised to make any representations
concerning the Goods unless
confirmed by Celestial Inspirations
in Writing. In entering into
the Contract the Customer acknowledges
that it does not rely on any
such representations that are
not so confirmed.
3 Ordering
3.1 No order received from
a Customer shall be deemed to
be accepted unless and until
confirmed in writing by Celestial
Inspirations.
3.2 The Customer shall be responsible
to Celestial Inspirations for
ensuring the accuracy of the
terms of the Order, and for
specifying in the Order any
necessary information relating
to the Goods to enable Celestial
Inspirations to perform the
Contract.
3.3 The quantity, and description
of the Goods to be provided
by Celestial Inspirations to
the Customer under the Contract
shall be those set out in the
Celestial Inspirations Invoice.
3.4 No Order which has been
accepted by Celestial Inspirations
may be cancelled by the Customer
except with the agreement in
writing of Celestial Inspirations
and on terms that the Customer
shall indemnify Celestial Inspirations
in full against all loss (including
loss of profit), costs (including
the cost of all labour and materials
used), damages, charges and
expenses incurred by Celestial
Inspirations as a result of
cancellation.
3.5 The goods are only available
while stocks last. If after
the Celestial Inspirations Invoice
has been paid by the Customer
there is insufficient stock
of goods of the type ordered
by the Customer available for
Celestial Inspirations to deliver
to the Customer then Celestial
Inspirations shall refund to
the Customer all sums paid in
respect of those Goods which
are out of stock.
4 Price and Payment
4.1 The price of the Goods,
any Delivery & Installation
Charges and Estimated Timescales
will be detailed next to each
item ordered on the Celestial
Inspirations Invoice.
4.2 Celestial Inspirations
reserves the right, by giving
notice in Writing to the Customer
at any time before delivery,
to increase the Price of the
Goods to reflect any increase
in the cost to Celestial Inspirations
which is due to any factor beyond
the control of Celestial Inspirations
(such as, without limitation,
any foreign exchange fluctuation,
currency regulation, alteration
of duties, significant increase
in the costs of labour, materials
or other costs of manufacture),
any change in delivery dates,
quantities for the Goods which
is requested by the Customer,
or any delay caused by any instructions
of the Customer or failure of
the Customer to give Celestial
Inspirations adequate information
or instructions.
4.3 Payment can be made by
cash, cheque or bank transfer
as detailed on the Celestial
Inspirations Invoice. All orders
received are subject to IVA.
4.4 Payment of the Price together
with any Delivery or Installation
costs and IVA must be made following
Celestial Inspirations's Invoice
has been sent to the Customer
but before the Goods are delivered
to the Customer pursuant to
clause 6.
4.5 Celestial Inspirations
tries to ensure that all prices
from its product range are accurate,
errors may occur. If Celestial
Inspirations discovers an error
in the price of Goods you have
ordered we will inform you as
soon as possible and give you
the option of reconfirming your
order at the correct price or
cancelling it. If we are unable
to contact you we will treat
the order as cancelled.
4.6 If the Customer fails to
make any payment of the Price
and all and any other Costs
on behalf of the Customer then,
without prejudice to any other
right or remedy available to
Celestial Inspirations, Celestial
Inspirations shall be entitled
to cancel the contract or suspend
any further deliveries (if any)
to the Customer.
5 Specification
5.1 Sometimes the product specifications
from the manufacturer may change,
in which case Celestial Inspirations
will endeavour to offer you
a substitute of the same or
better quality at the same price.
If you are not happy with the
replacement you can return it
in accordance with our Customer
Service Guarantee.
5.2 All sizes and measurements
are approximate but we do try
to make sure that they are as
accurate as possible. On the
rare occasion that there is
an error, we will advise you
about it as soon as possible.
5.3 Celestial Inspirations
have selected Goods on the basis
that they will be used for domestic
use only, if you are planning
to use them for business purposes
please make sure that you are
covered by appropriate insurance.
5.4 In the event that Celestial
Inspirations are required to
design and manufacture Goods
to the Customers’ own
specifications:-
5.4.1 Celestial Inspirations
shall be under no liability
whatsoever for any direct indirect
and/or consequential loss (including
loss of profit) in respect of
any defect in the Goods arising
from any drawing, design, measurements
or specification which has been
supplied by the Customer. In
particular, Celestial Inspirations
shall be under no liability
where defects in the quality
of any finished Goods is caused
by the enlargement of any design
or photograph supplied by the
Customer.
5.4.2 the Customer shall be
responsible for ensuring that
their premises have been sufficiently
prepared or constructed so as
to allow for the proper installation
of the Goods and Celestial Inspirations
undertakes no responsibility
for the fitting of the Goods
into the dimension thereof where
they are not the same as those
supplied to Celestial Inspirations
by the Customer.
5.5 If any claim is made against
Celestial Inspirations that
the manufacture or sale of the
Goods infringes the patent,
copyright, design, trade mark
or other industrial or intellectual
property rights of any other
person, the Customer shall,
except to the extent that the
claim is due to the default
of Celestial Inspirations, indemnify
Celestial Inspirations against
all damages or other compensation
awarded against Celestial Inspirations
in connection with the claim
or paid or agreed to be paid
by Celestial Inspirations in
settlement of the claim and
all legal or other expenses
incurred by Celestial Inspirations
in or about the defence or settlement
of the claim.
6 Delivery
6.1 Delivery & Installation
charges and estimated timescales
will be confirmed in the Celestial
Inspirations Invoice. Celestial
Inspirations makes every effort
to deliver goods within the
estimated timescales, however
delays are occasionally inevitable.
6.2 Any time or date for the
dispatch or delivery of Goods
shall be taken as an estimate
made by Celestial Inspirations
in good faith but shall not
be of the essence of the contract.
Celestial Inspirations shall
not be liable for any loss caused
to the Customer in consequence
of failure to deliver by the
estimated Delivery Date or such
other date as may be subsequently
agreed.
6.3 Unless the parties otherwise
agree to the contrary in Writing,
delivery of the Goods shall
be made by Celestial Inspirations
delivering the Goods to the
Customer at such premises as
specified by the Customer in
its Order or such other premises
that the Customer and Celestial
Inspirations have agreed in
Writing.
6.4 If the Customer fails to
take delivery of the Goods or
fails to give Celestial Inspirations
adequate delivery instructions
at the time stated for delivery
(otherwise than by reason of
any cause beyond the Customer’s
reasonable control or by reason
of Celestial Inspirations’s
fault) then, without prejudice
to any other right or remedy
available to Celestial Inspirations,
Celestial Inspirations may:
6.5.1 store the Goods until
actual delivery and charge the
Customer for the reasonable
costs (including insurance)
of storage; or
6.5.2 sell the Goods at the
best price readily obtainable
and (after deducting all reasonable
storage and selling expenses)
account to the Customer for
the excess over the Price under
the Contract or charge the Customer
for any shortfall below the
Price under the Contract.
6.6 The Price and all and any
delivery costs are subject to
IVA, which the Customer shall
pay to Celestial Inspirations.
7 Risk
7.1 Risk of damage or loss
of the Goods shall pass to the
Customer at the time of delivery
or, if the Customer wrongfully
fails to take delivery of the
Goods, the time when Celestial
Inspirations has tendered delivery
of the Goods.
7.2 The ownership of the Goods
shall pass to the Customer at
the time of the receipt by Celestial
Inspirations of payment in full
of the Invoice Price.
7.3 Until such time as the
property in the Goods passes
to the Customer (and provided
the Goods are still in existence
and have not been resold), Celestial
Inspirations shall be entitled
at any time to require the Customer
to deliver up the Goods to Celestial
Inspirations and, if the Customer
fails to do so forthwith, to
enter upon any premises of the
Customer or any third party
where the Goods are stored and
repossess the Goods.
7.4 The Customer shall not
be entitled to pledge or in
any way charge by way of security
for any indebtedness any of
the Goods which remain the property
of Celestial Inspirations, but
if the Customer does so all
monies owing by the Customer
to Celestial Inspirations shall
(without prejudice to any other
right or remedy of Celestial
Inspirations) forthwith become
due and payable.
8 Insolvency of Customer
8.1 This clause applies if
at any time before the ownership
of the Goods passes to the Customer
pursuant to sub-clause 7.2 one
or more of the following events
occurs (the "Cancellation
Events"):
8.1.1 the Customer makes any
voluntary arrangement with its
creditors or (being an individual
or firm) becomes bankrupt or
(being a company) becomes subject
to an administration order or
goes into liquidation (otherwise
than for the purposes of amalgamation
or reconstruction);
8.1.2 an encumbrancer takes
possession, or a receiver is
appointed, of any of the property
or assets of the Customer;
8.1.3 the Customer ceases,
or threatens to cease, to carry
on business;
8.1.4 Celestial Inspirations
reasonably apprehends that any
of the events mentioned above
is about to occur in relation
to the Customer and notifies
the Customer accordingly.
8.2 If this clause applies
then, without prejudice to any
other right or remedy available
to Celestial Inspirations, Celestial
Inspirations shall be entitled
to cancel the Contract or suspend
any deliveries under the Contract
without any liability to the
Customer save that Celestial
Inspirations shall refund to
the Customer all and any payments
made to it in respect of the
Price prior to the Cancellation
Event. If the Goods have been
delivered but not paid for at
the date of the Cancellation
Event the Price due in respect
of the delivered Goods shall
become immediately due and payable
notwithstanding any previous
agreement or arrangements to
the contrary.
9 Warranty
9.1 All Goods supplied by the
Supplier are warranted free
from defects for 12 months from
the date of supply.
9.2 This warranty does not
apply to any defect in the Goods
arising from fair wear and tear,
wilful damage, accident, negligence
by you or any third party, use
otherwise than as recommended
by Celestial Inspirations, failure
to follow the manufacturers
instructions, or any alteration
or repair carried out without
the approval of Celestial Inspirations.
9.3 If the Goods supplied to
you develop a defect while under
warranty, or you have any other
complaint about the Goods, you
should notify Celestial Inspirations
in Writing at the address shown
in the 'Contact Us' section
of this web-site.
10 Export Goods
10.1 In the case of EU Orders
or Worldwide Orders the Customer
shall be responsible for complying
with any legislation or regulations
governing the importation of
the Goods into the country of
destination and for the payment
of any duties on them.
11 Force Majeure
11.1 Celestial Inspirations
shall not be liable to the Customer
or be deemed to be in breach
of the Contract by reason of
any delay in performing, or
any failure to perform, any
of Celestial Inspirations’s
obligations in relation to the
Goods, if the delay or failure
was due to any cause beyond
Celestial Inspirations’s
reasonable control.
12 General
12.1 The contract between us
shall be governed by the laws
of Spain and any dispute between
us will be resolved exclusively
in the courts of Spain. English
is the only language offered
for the conclusion of the contract.
12.2 We do not guarantee that
this website will be compatible
with your PC, and we accept
no liability for any corruption
or loss of data held on your
PC, or any liability for any
other loss or damage of any
kind caused to your PC resulting
from use of this website.
12.3 Any notice required or
permitted to be given by either
party to the other under these
Conditions shall be in Writing
addressed to that other party
at its e-mail address as may
at the relevant time have been
notified pursuant to this provision
to the party giving the notice.
12.4 No waiver by Celestial
Inspirations of any breach of
the Contract by the Customer
shall be considered as a waiver
of any subsequent breach of
the same or any other provision.
12.5 If any provision of these
Conditions is held by any competent
authority to be invalid or unenforceable
in whole or in part the validity
of the other provisions of these
Conditions and the remainder
of the provision in question
shall not be affected.
12.6 The Contract constitutes
the entire agreement and understanding
of the parties and supersedes
all prior oral or written agreements,
understandings or arrangements
between them relating to the
Contract. Neither party will
be entitled to rely on any agreement,
understanding or arrangement
which is not expressly contained
in the Contract and no change
may be made to it except in
Writing signed by duly authorised
representatives of both parties.
12.7 The Customer agrees that
these Conditions shall not be
denied legal effect, validity
or enforceability on the grounds
that they are displayed electronically
or transmitted from Celestial
Inspirations to the Customer
or from the Customer to Celestial
Inspirations using the Internet.
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