Valid from 9th August 2021

INTRODUCTION

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website. These Terms will apply to any contract for the sale of Products to you (Contract). When you purchase Products on our Platform you will either purchase these from us or from a third party seller (Seller). It is clearly identified under the Product information whether you purchase a Product from us or from a Seller.

If you purchase Products from us Parts A and B below will apply.

If you purchase Products from a Seller Parts A and C below will apply.

Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our Platform. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. If you refuse to accept these Terms, you will not be able to order any Products from our Platform. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

PART A

1. INFORMATION ABOUT US

1.1 We operate the Platform. We are Prada Investments Ltd., a company registered in Texas U.S. To contact us, please  visit our ‘Contact us’ page. We conduct sales campaigns on items for Sellers the number and time period of which will be limited.

1.2 A user could be a member to purchase products (Customer). A user could apply to register to become a Customer. You will receive personal information about impending sales campaigns via our email service, provided that you have agreed to receive these emails. Customers control their email preferences on their personal profile page on the Platform.

2. THE PRODUCTS

2.1 The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order.

2.2 The packaging of the Products may vary from that shown on images on our Platform.

2.3 All Products shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process that order.

3. USE OF OUR SITE

3.1 Your use of our Platform is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

4.1 We only use your personal information in accordance with our  Privacy Policy . Please take the time to read these, as they include important terms which apply to you.

5. IF YOU ARE A CONSUMER

This clause 5 applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our Platform if you are at least 18 years old.

5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.

6. IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Platform to purchase Products.

6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

7. OUR RIGHT TO VARY THESE TERMS

7.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.

7.2 Every time you order Products from our Platform, the Terms in force at that time will apply to the Contract.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

8. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 8 only applies if you are a business customer.

8.1 Nothing in these Terms limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Laws in Texas.

8.2 Subject to clause 8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.

8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

9. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 9 only applies if you are a consumer.

9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

9.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.3 We do not in any way exclude or limit our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation.

10. EVENTS OUTSIDE CONTROL

10.1 We or the Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 10.2.

10.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

10.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.

11. COMMUNICATIONS BETWEEN US

11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

11.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can use our contact page and we will answer back via email as soon as we can in business hours.

11.3 If we have to contact you or give you notice in writing, we will do so by e- mail.

11.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served when posted on our Platform, business hours after the online form is submitted.

12. OTHER IMPORTANT TERMS

12.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

12.3 Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and any Seller with whom you have a Contract, and no such other person shall have any rights to enforce any of these Terms.

12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.6 If you are a consumer, please note that these Terms are governed by Texas law. This means a Contract for the purchase of Products through our Platform and any dispute or claim arising out of or in connection with it will be governed by Texas law. You and we and the Seller agree to that the courts of Texas will have non-exclusive jurisdiction.

12.7 If you are a business, these Terms are governed by Texas law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Texas law. We, you and the Seller agree to the exclusive jurisdiction of the courts of Texas.

12.8 Please contact us for all queries, complaints and issues that relate to the Seller’s orders, unless described otherwise in these Terms.

PART B

13. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

13.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

13.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 13.3.

13.3 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us and you will only be formed when we send you the Dispatch Confirmation.

13.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Platform, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

14. RETURN POLICY IF YOU ARE A CONSUMER

This clause 14 only applies if you are a consumer.

14.1. RETURN POLICY FOR PAINTINGS (DO NOT APPLY FOR PRINTED CANVAS OR POSTERS. DO NOT APPLY FOR PRINTED CLOTHING or ACCESSORIES)

14.1.1 If you are a consumer, you have a right to cancel a Contract during the period set out below in clause 14.1.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

14.1.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.

14.1.3 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) days in which you may cancel, starting from the day you receive the Products.

14.1.4 To cancel a Contract, you must contact us through our site. You may wish to keep a copy of your cancellation notification for your own records.

14.1.5 You will receive a full refund of the price you paid for the Products, with exclusion of the Delivery/Shipping Costs. We will process the refund due to you normally within 15 working days after your Product(s) has been returned or as soon as possible and, in any case, within 20 calendar days of the day on which you gave us notice of cancellation as described in clause 14.4. If you returned the Products to us because they were faulty or mis-described, please see clause 14.1.6. Even if the product was checked out with free shipping, costs of shipping will be charge depending of the location of the consumer. As a reference it could be between $199 to $499. Reference can vary depending of the size and weight of the product.

14.1.6 If you have returned the Products to us under this clause 14.1 because they are faulty or mis-described, we will refund the price of a defective Product in full, with exclusion of the Delivery/Shipping Charges.

14.1.7 We might refund you on the credit card or debit card used by you to pay.

14.1.8 If the Products were delivered to you: a) you must return the Products as soon as is reasonably practicable in its original packaging; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

14.1.9 For artworks that arrived damaged we ask for a photo of the damage to be provided so that the artist can learn more about what went wrong with their particular shipment. The artwork must be in the same condition as it arrived and in appropriate packaging––ideally in its original packaging. Sent the related info via contact us.

14.1.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 14.1 or these Terms.

14.2 RETURN POLICY FOR PRINTED CANVAS, PRINTED POSTERS, PRINTED CLOTHING AND ACCESSORIES

14.2.1. Any claims for misprinted/damaged/defective items must be submitted within 3 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 3 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.

14.2.2. If you notice an issue on the products or anything else on the order, please submit a problem report via contact us.

14.2.3. The return address is set by default to the vendor facility. When they receive a returned shipment, an automated email notification will be sent to us. Unclaimed returns get donated to charity after 4 weeks. If vendor facility isn’t used as the return address, you would become liable for any returned shipments you receive.

14.2.4. Wrong Address – If you or your end customer provide an address that is considered insufficient by the courier, the shipment will be returned to our vendor facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

14.2.5. Unclaimed – Shipments that go unclaimed are returned to our vendor facility and you will be liable for the cost of a reshipment to yourself as end customer (if and as applicable).

14.2.6. If you haven’t registered an account on our site and added a billing method, you hereby agree that any returned orders due to the wrong shipping address or a failure to claim the shipment won’t be available for reshipping and will be donated to charity at your cost (without us issuing a refund).

14.2.7.  We do not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.

14.2.8. Returned by Customer – It is best to advise you, as end customer, to contact us before returning any products. Returns for products, face masks, as well as size exchanges are to be offered at your expense and discretion. The withdrawal request will undergo an evaluation to verify whether the product was used or destroyed, even if partial. In these cases, a refund will not be possible.

14.2.9. Therefore our company reserves rights to refuse returns at its sole discretion.

14.2.10. Our vendor is Printful and any change or their conditions terms apply to this 14.2 section modifying these presented terms. Check their terms at https://www.printful.com/policies

 

15. DELIVERY

15.1 Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control (as defined in Clause 10.2), and we will provide you with a tracking number once the Products have been shipped. If we are unable to fulfil delivery because of an Event Outside Control, we will contact you.

15.2 Delivery will be completed when the Products are delivered to the address you gave us.

15.3 The Products will be your responsibility from the completion of delivery.

15.4 You own the Products once we have received payment in full, including all applicable Delivery Charges.

17. PRICE OF PRODUCTS AND DELIVERY CHARGES

17.1 The prices of the Products will be as quoted on our Platform from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, clause 13.5 applies.

17.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

17.3 The published price of a Product exclude Taxes. Details of Taxes would be given during checkout process after you fill up the required information (i.e. sipping or billing address).

17.4 The published price of a Product does not include the Delivery Charges for delivering that Product to you (Delivery Charge) unless expressly stated on the Product page. Delivery charge would be informed over the checkout process after you fill up the information fo the shipping address.

17.5 Our Platform contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a misspricing, we do not have to provide the Products to you at the incorrect (lower) price.

17.6 We may charge you a handling fee for any order placed by you on the Platform, plus Taxes. The amount of the Service Fee will be displayed to you before you place your order. By placing your order, you agree to pay to us the Service Fee charged for that order. The Service Fee is not refundable unless the order to which it relates is cancelled before the Product(s) is delivered.

18. HOW TO PAY

18.1 You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.

18.2 We will only debit your chosen payment method for the amounts payable in relation to the Products and all applicable Delivery Charges and any fee when we send you the Dispatch Confirmation.

19. OUR WARRANTY FOR THE PRODUCTS

19.1 We provide a warranty that on delivery and for a period of 30 days from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 19.2.

19.2 The warranty in clause 19.1 does not apply to any defect in the Products arising from: a) fair wear and tear; b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorized repairers; or e) any specification provided by you.

19.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

PART C

This Part C to the Terms only applies to purchases that you make from Sellers. Part C is supplementary to and should be read together with Part A of the Terms. In the event of any inconsistency between this Part C and Part A, this Part C will prevail.

20. OUR ROLE

20.1 Where you purchase Products offered by a Seller via the Platform, a Contract is concluded between you and that Seller via the Platform as specified in Clause 22.4. We are not a party to that Contract, but each Seller authorizes us as its commercial agent to promote the Seller’s Product(s), to conclude the sale of its Product(s) under the terms of each Contract and to accept payment on that Seller’s behalf, in accordance with these Terms via the Platform. In this limited capacity, we are neither the buyer nor the seller (or reseller) of the Product(s) that the Seller offers for sale. We are not your agent for any purpose. The Seller, and not us, is responsible for performing the obligations under the terms of any Contract between you and a Seller. Each Seller is the seller of record for all sales by that Seller to you via the Platform, but you pay us via the Platform for any Product(s) that you purchase. Your obligation to pay for any Product(s) is satisfied when you properly pay us for the Product(s) via the Platform. Because we conclude the sale on behalf of the Seller and your payment to us satisfies your obligation to pay for the Product(s) you purchase from the Seller, our name will appear on your payment card statement (which may also display the Seller’s name). The Seller will dispatch or arrange for the dispatch of the Product(s) you have purchased after receiving our notification of your order. You may only pay for Product(s) via the Platform and the Seller must not invoice you outside the Platform. Any refunds may only be initiated to you via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Product(s) purchased via the Platform. We do not charge you any fee for the Platform (other than the Service Fee referred to in Clause 17.6). We charge Sellers for acting on their behalf in the limited capacity described above.

20.2 Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Sellers.

20.3 We have no responsibility to you in relation to your order from a Seller or any Seller Products, except as expressly set out in Parts A and C of these Terms.

21. PRICES, DELIVERY CHARGES AND SERVICE FEE

21.1 The prices of the Products will be as quoted on our Platform from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 22.5 in this Part C for what happens in this event.

21.2 Prices for the Products may change from time to time, but changes will not affect any order already confirmed.

21.3 The published price of a Product exclude Taxes.

21.4 The price of a Product does not include Delivery Charges. Delivery charges are as quoted on our Platform from time to time.

21.5 Our Platform contains many Products. It is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order with the Seller until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a misspricing, the Seller do not have to provide the Products to you at the incorrect (lower) price.

21.6 All Products shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Seller is unable to fulfill your order.

21.7 We may charge you a Service Fee for any order placed by you on the Platform, plus any applicable Tax. The amount of the Service Fee will be displayed to you before you place your order. By placing your order, you agree to pay to us the Service Fee charged for that order. The Service Fee is not refundable unless the order to which it relates is cancelled before the Product(s) is delivered.

22. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE SELLER

22.1 For questions regarding placing an order on our Platform, contact us via our online form.

22.2 The order process allows you to check and amend any errors before submitting your order to Seller. Please take the time to read and check your order at each page of the order process.

22.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order on behalf of the Seller. However, please note that this does not mean that your order has been accepted by the Seller or by us. The Seller’s acceptance of your order will take place as described in clause 22.4 in this Part A.

22.4 We will on behalf of the Seller confirm the Seller’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Order Confirmation). The Contract between the Seller and you will only be formed when we send you the Order Confirmation.

22.5 If the Seller is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Platform as referred to in clause 21.1 or 21.5 in this Part C, you will be informed of this by e-mail and your order will not be processed.

22.6 You may discuss the scope, requirements, timeline and Price for an order for custom or bespoke Product(s) using the tool we provide on the Platform for that purpose. Once you have agreed the specification with the Seller, the Seller will notify us and an invoice will be issued for the amount of any agreed deposit to be paid to the Seller (less our Commission) for commencing work, and we will debit your payment card for the amount of that deposit. Once the Seller completes the work and dispatches the Product(s), an invoice will be issued for the balance of the Price and an Order Confirmation will be sent to you. We will then debit your payment card for the balance of the Price.

23. DELIVERY

23.1 Your order will be fulfilled by the Seller as soon as reasonable, unless there is an Event Outside Control, and we will provide you with a tracking number once the Products have been shipped. If the Seller is unable to fullfil delivery because of an Event Outside Control, we will contact you.

23.2 Delivery will be completed when the Products are delivered to the address you gave when making the order.

23.3 The Products will be your responsibility from the completion of delivery.

23.4 You own the Products once you have made the payment in full, including all applicable Delivery Charges.

23.5 Please note that where you purchase Products from a Seller and Products from us in the same order the Seller is responsible for delivery of the Products it has sold and we are responsible for the delivery of the Products we have sold. Therefore, delivery will be made separately and will not necessarily arrive at the same time. Note you may also be charged separate shipping costs.

24. INTERNATIONAL DELIVERY

24.1 International shipping destinations out of U.S.A. are covered by the moment.

25. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

This clause 25 only applies if you are a consumer.

25.1 If you are a consumer, you have a legal right to cancel your Contract with the Seller during the period set in this terms. Check part 14 in this document. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract with the Seller and receive a refund.

25.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products

25.3 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between you and the Seller is formed. If the Products have already been delivered to you, you have a period of 7 (seven) days in which you may cancel, starting from the day you receive the Products.

25.4 To cancel a Contract, you must contact us via the online form. You may wish to keep a copy of your cancellation notification for your own records. A member of our staff we’ll contact you during business hours.

25.5 If you are entitled to a refund, we will refund you on the credit card or debit card used by you to pay. You will receive a full refund of the price you paid for the Products and any applicable Delivery Charges you paid.

25.6 If the Products were delivered to you: a) you must return the Products to the Seller as soon as reasonably practicable; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

25.7  For artworks that arrived damaged we ask for a photo of the damage to be provided so that the artist can learn more about what went wrong with their particular shipment. The artwork must be in the same condition as it arrived and in appropriate packaging–– ideally in its original packaging.

25.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy.

26. HOW TO PAY

26.1 We are authorized by the Seller to accept your payment of the Price payable for your orders in accordance with our role as commercial agent for the Seller as described in Clause 20 above.

26.2 You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.

26.3 Your chosen payment method will only be debited for payment for the amounts payable in relation to the Products and all applicable Delivery Charges and fees when we send you the Order Confirmation under Clause 22.4 (or in relation to the deposit and later for the balance due under Clause 22.6 in relation to any custom Product(s)).

27. THE SELLER’S WARRANTY FOR THE PRODUCTS

27.1 The Seller provides a warranty that on delivery and for a period of 30 days from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 27.2 in this Part C.

27.2 The warranty in clause 27.1 above does not apply to any defect in the Products arising from: a) fair wear and tear; b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorized repairers; or e) any specification provided by you.

27.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. 

28. LIABILITY IF YOU ARE A BUSINESS

This clause 28 only applies if you are a business customer.

28.1 Nothing in these Terms limit or exclude liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under Texas law..

28.2 Subject to clause 15.1 above, the Seller or we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.

28.3 Except as expressly stated in these Terms, neither the Seller nor we give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, neither the Seller nor we will be responsible for ensuring that the Products are suitable for your purposes.

29. THE SELLER’S LIABILITY IF YOU ARE A CONSUMER

This clause 29 only applies if you are a consumer.

29.1 If the Seller fail to comply with these Terms, the Seller are responsible for loss or damage you suffer that is a foreseeable result of the Seller’s breach of these Terms or its negligence, but the Seller are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and the Seller at the time you entered into the Contract.

29.2 Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and neither the Seller nor we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

29.3 Nothing in these Terms limits or excludes liability for: a) death or personal injury caused by the Seller’s negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by the law; d) any breach of the terms implied by law (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the law in Texas for consumer protection.