TERMS & CONDITIONS

Definitions

In these Terms and Conditions the “Company” shall refer to Bella Figura Limited where appropriate

Every offer, quotation, acceptance and Contract for the sale or supply of goods or work, materials and/or services (hereinafter “the Goods”) by the Company to any purchaser (hereinafter “the Customer”) is subject to these Terms to the exclusion of any Terms proposed or referred to in the Customer's order, in correspondence or elsewhere, or implied by trade practice, or by any previous dealings between the Company and the Customer

The Customer acknowledges that there are no representations outside these Terms which have induced him or her to enter into a Contract with the Company

 

The Goods

All descriptions and illustrations contained in the Company's catalogues, price lists and advertisements or otherwise communicated to the Customer are intended to present a general description of the Goods and shall not form any part of any Contract for the sale of the Goods

 

Orders

All Orders must be made or confirmed by the Customer in writing and are expressly subject to and on the Terms and Conditions contained herein

 

Price

The price payable for the Goods shall be as specified in the Company's current price list at the date of the dispatch of Goods. The Company reserves the right to increase the price of any Goods before delivery to the Customer by written notice, specifying the details of such increase

Unless otherwise stated all prices are exclusive of UK VAT
In the case of Goods purchased for export, UK VAT will not be charged if:-

The supply is zero rated or exempt from UK VAT

The Customer is VAT registered in the European Union (EU). A valid EU VAT number must be supplied to the Company as well as satisfactory evidence that the Goods were exported as stipulated by United Kingdom Custom & Excise authorities. UK VAT will be charged at the current rate if these requirements are not met

The Customer uses a shipper or shipping agent approved by the Company and the Customer complies and procures that such shipper or shipping agent complies with all relevant requirements of the United Kingdom Custom and Excise authorities applicable to VAT including the provision to the Company of a Certificate of Shipment

 

Payment

The Customer will be invoiced by the Company in respect of the Goods supplied

In the case of all Goods (other than those for export) payment will be due as follows:-

Payment from United Kingdom Customers with trade credit accounts shall be within 30 days of the date of the Company's invoice

Payment in all other cases will be on a proforma basis with a Deposit of 50% upon placing the Order. The Company will not accept an Order until the Deposit has been paid and the estimated lead time until delivery of the Goods will run from the date of the receipt of the Deposit by the Company. The balance of 50% (the "Final Balance") will become payable when the Goods are ready for despatch and must be paid before despatch of the Goods to the Customer or on collection or delivery of the Goods to or by the Customer, whichever event is earlier

In the case of all Goods to be exported payment must be made in full in cleared funds before the Company will release such Goods for collection by or delivery to the Customer

All payments shall be made in Pounds Sterling, Euros or US Dollars as specified on the Order. If payment is made in any other currency or in Sterling other than cash, a bank transfer or bankers draft drawn on a London clearing bank, the Customer will meet all bank charges and costs incurred by the Company in exchanging or cashing such payments

Payment can be made directly into one of the Company's bank accounts, details of which will be supplied by the Company

Payment can also be made by Mastercard or Visa card, which will be subject to a surcharge of 1.5%

If the Customer fails to pay the Final Balance within 60 days of being notified that the Goods are ready for dispatch, the Company may at its discretion cancel the Contract, forfeit the Customer’s Deposit and sell the Goods. In such an event the Customer will not be entitled to a refund of any monies paid

 

Interest And Storage Charges

Without prejudice to any other common law or statutory rights of the Company, the Customer will be charged interest on any payment overdue at the rate of 10% p.a. If the Customer delays despatch of the Goods after notification that the Goods are ready for despatch by more than 28 days, the Company may charge such interest on the Final Balance. In addition, the Company reserves the right to charge a Storage Fee which will also become payable 28 days after notification that the Goods are ready for despatch and will be charged at 1% of the total value of the Order per month or part thereof

 

Risk And Property

Risk or loss and/or damage to the Goods passes to the Customer when the Goods are dispatched from the Company's premises or 7 days after the Customer has received notice from the Company that they are available for collection from the Company's premises if earlier. After risk passes to the Customer, the Company shall not be liable to the Customer for loss or damage of any kind

The property in the Goods supplied shall not pass to the Customer until the whole price has been paid together with any monies then outstanding from the Customer to the Company. Until such payment the Goods supplied shall remain the sole and absolute property of the Company as legal and beneficial owners and the Customer shall hold the Goods as bailee for the Company and the following provisions of this clause 7 shall apply

If the Customer sells or disposes of the Goods before the price is paid the Customer shall hold on trust for the Company the whole of the proceeds of such sale and shall account to the Company for the same within 14 days of the date of sale
The Customer shall not:-

Pledge the Goods or allow any lien to arise thereon;

Deal with or dispose of the Goods other than by a sale to an independent purchaser paying full market value therefore in the ordinary course of the Customer’s business;

Hold itself out as the Company's agent in respect of the goods;

If the Customer defaults in the punctual payment of any sum owing to the Company, the Company shall be entitled to the immediate return of all Goods supplied by the Company to the Customer in which the property has not passed to the Customer. The Customer hereby authorises the Company to recover the Goods and hereby grants an irrevocable right and license to the Company's servants and agents to enter upon all or any of the Customer's premises with or without vehicles during normal business hours for that purpose. Demand for recovery of Goods by the Company shall not of itself discharge the Customer's liability to pay the whole of the price and take delivery of the Goods or the Company's rights to sue for the whole price

 

Goods Supplied On Approval

Where the Company supplies Goods on approval the following terms apply:-

The Goods supplied remain the sole and absolute property of the Company as legal and beneficial owners unless and until payment for the goods is made in full

The risk of loss or damage to the Goods supplied on approval shall pass to the Customer from the time they are dispatched from the Company's premises until the time they are returned to the Company's premises. For the purposes of return of the Goods, the Goods will not be treated as returned until the Company has signed an Acknowledgment of Receipt and Condition. The Company undertakes that such an Acknowledgement will be supplied to the Customer

If the Goods supplied on approval are not returned to the Company's premises within 7 days of their dispatch, the Customer shall be deemed to have accepted the Goods supplied on approval and will be obliged to purchase them at the price stated in the Company's current price list and otherwise on these Terms and Conditions

All Goods supplied on approval will be invoiced immediately and will be credited on their return providing the Company has issued an Acknowledgement of Receipt

If Goods supplied on approval are returned damaged, the Customer will be deemed to have purchased them and no credit will be issued

 

Delivery

Any times or dates for delivery given are estimates only and the time of delivery shall not be of the essence. In no circumstances shall the Company be liable to compensate the Customer in damages or otherwise for non-delivery or late delivery of the Goods supplied by the Company for whatever reason or for any loss consequential or otherwise arising therefrom

All prices quoted for delivery are for delivery from the Company's premises in Suffolk. The cost of delivery includes all packaging, insurance and freight charges from the Company’s premises to the Customer’s declared delivery address

The Customer must carefully inspect the packaging of all deliveries as soon as they are received. If the packaging is damaged in any way, the Customer should note any such damage on the delivery note and should refuse to confirm by signature that the Goods have been received in good condition. In the case of damaged packaging, this must be reported to the Company immediately. The Company will not accept any claim for damage to the Goods if the packaging was received in a damaged condition and this was not noted on the delivery note and reported to the Company immediately

The Customer is responsible for unpacking and inspecting the Goods immediately upon receipt and shall inform the Company of any defects, damage or shortages by written notice of the same within 3 days of the date of delivery. If the Customer fails to give such notice the Customer shall be deemed to have accepted the Goods and the Company will not accept any subsequent claims for defects, damage or shortages that are made at a later date

In the case of non-delivery of the Goods supplied, the Customer shall inform the Company in writing within 7 days of receipt of the Company's invoice

 

Liabilitiy

Subject to sub-paragraph 10.4 below the Company shall not be liable to the Customer: -

For defects or shortages in quantity of the Goods supplied unless the Customer complies with the provisions of paragraphs 9.4 and 9.5 above and for non-delivery of the Goods or damage to or loss of the Goods or any part thereof in transit (whether the Goods are carried by the Company's own transport or by carrier on behalf of the Company) unless the Customer complies with the provisions of paragraphs 9.4, and 9.5 above

For defects in the Goods caused by fair wear and tear, abnormal conditions of storage or use or the application of any treatment or process whatsoever to the Goods after delivery or any act, neglect or default of the Customer or third party

For any other defects in the Goods unless notified in writing to the Company within 7 days of the date of the Company's invoice for the Goods

Subject to sub-paragraph 10.4 below, where liability is accepted by the Company, the Company's only obligation shall be its option to make good any shortage or non-delivery and/or to replace or repair any Goods found to be damaged or defective. The Company may require any allegedly defective Goods to be returned to it at its expense before making good or replacing the Goods and the Company's aggregate liability to the Customer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods giving rise to such liability as determined by the net price invoiced to the Customer for the Goods

These Terms and Conditions do not affect the statutory rights of a Customer who is a consumer. No provisions in these Terms and Conditions which would be void by virtue of the provisions of the Unfair Contract Terms Act 1977 (as amended) shall apply to any person who deals as a consumer. For the purposes of the foregoing the expression “consumer” shall have the meaning ascribed thereto in section 12 of the Unfair Contract Terms Act 1977. Notwithstanding anything else in these Terms and Conditions any liability for death or personal injury on the part of the Company is not excluded or restricted

 

Cancellation & Returns

Subject to sub-paragraph 10.4 below the Company shall not be liable to the Customer: -

For defects or shortages in quantity of the Goods supplied unless the Customer complies with the provisions of paragraphs 9.4 and 9.5 above and for non-delivery of the Goods or damage to or loss of the Goods or any part thereof in transit (whether the Goods are carried by the Company's own transport or by carrier on behalf of the Company) unless the Customer complies with the provisions of paragraphs 9.4, and 9.5 above

For defects in the Goods caused by fair wear and tear, abnormal conditions of storage or use or the application of any treatment or process whatsoever to the Goods after delivery or any act, neglect or default of the Customer or third party

For any other defects in the Goods unless notified in writing to the Company within 7 days of the date of the Company's invoice for the Goods

Subject to sub-paragraph 10.4 below, where liability is accepted by the Company, the Company's only obligation shall be its option to make good any shortage or non-delivery and/or to replace or repair any Goods found to be damaged or defective. The Company may require any allegedly defective Goods to be returned to it at its expense before making good or replacing the Goods and the Company's aggregate liability to the Customer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods giving rise to such liability as determined by the net price invoiced to the Customer for the Goods

Subject to the foregoing and to sub-paragraph 10.4 below these Terms set out the Company's entire liability in respect of the Goods and the Company's liability hereunder shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the quantity or the fitness for any particular purpose of the Goods or otherwise except any implied by law of statute and which by law of statute cannot be excluded. Save as provided in these Terms the Company shall not be under any liability whether in contract, tort or otherwise in respect of defects in the Goods or failure to correspond to any specification or sample for any injury, damage or loss resulting from such defect or from any work done in connection therewith

These Terms and Conditions do not affect the statutory rights of a Customer who is a consumer. No provisions in these Terms and Conditions which would be void by virtue of the provisions of the Unfair Contract Terms Act 1977 (as amended) shall apply to any person who deals as a consumer. For the purposes of the foregoing the expression “consumer” shall have the meaning ascribed thereto in section 12 of the Unfair Contract Terms Act 1977. Notwithstanding anything else in these Terms and Conditions any liability for death or personal injury on the part of the Company is not excluded or restricted

 

Force Majeure

The Company shall not be liable for any loss or damage whatsoever to the Customer which may be incurred directly or indirectly as a result of the operation of any factor beyond the Company’s reasonable control including (but without limitation) act of God, legislation, war, failure or interruption of supplies, strike or other industrial action by workers

 

Supply Of Work

The Company is not responsible for any loss or damage whatsoever to any products belonging to the Customer that are left with the Company for rewiring, repair or the carrying out of any other work. The Customer should insure his or her property accordingly

 

Insolvency & Default

If the Customer, being an individual, becomes bankrupt or makes a voluntary arrangement with his or her creditors or, being a company, enters into liquidation or has a receiver appointed to its undertaking, property or assets or any part thereof or circumstances arise which entitle the Court or a creditor to appoint an administrative receiver or which entitle the Court to make a winding-up order or if the Customer commits any breach of any of his obligations to the Company, the Company may without prejudice to any of its other rights stop any Goods in transit and/or suspend and cancel further deliveries and/or by notice in writing to the Customer terminate any such Contract without liability of any nature whatsoever to the Company

 

Notices

Any notice given hereunder may be sent by prepaid first class post, by email or by facsimile and if so sent to the address of the party shown on the delivery note or such other address as the party may have given for this purpose and shall be deemed received in the case of a notice sent by first class post three days after dispatch and in the case of notices sent by email or facsimile on the date of dispatch

 

Proper Law

The Contract made with the Company incorporating these Terms and Conditions shall be governed and interpreted in accordance with English law and parties hereby submit to the exclusive jurisdiction of the English Courts