:: Terms & Conditions ::
:: Definitions ::

a. In these terms and conditions the Companies shall refer to Bella Figura Ltd, respectively and where appropriate.
b. Every offer, quotation, acceptance and contract for the sale or supply of goods or work, materials and/or services (“the Goods”) by the Companies to any purchaser (“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   any previous course of dealings between the Companies and the Customer.
c. The Customer acknowledges that there are no representations outside these  terms which have induced him to enter contract.

:: The Goods::

All descriptions and illustrations contained in the Companies’ 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 subject to and on the terms and conditions contained here under.

:: Price ::

a. The price payable for the Goods shall be as specified in the Companies’ current price lists at the date of the dispatch of Goods, the Companies reserve the right to increase the  price of any Goods before delivery by written notice, specifying details of such increase, to the Customer.
b. Unless otherwise stated all prices are exclusive of VAT.
c. In the case of Goods purchased for export VAT will not be charged so long as:-
c.i the supply is zero rated or exempt from VAT.
c.ii the Customer is VAT registered in the European Union (EU). A valid VAT number must be supplied to the Companies as well as satisfactory evidence that these goods were exported as stipulated by United Kingdom Custom & Excise authorities. VAT will be charged at the current rate if these requirements are not met.
c.iii the Customer uses a shipper or shipping agent approved by the Companies.
c.iv 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 such tax including the provision to the Companies of a Certificate of Shipment.

:: Payment ::

a. The Customer will be invoiced by the Companies in respect of the Goods supplied.
b. In the case of all other Goods (other than those for export) payment in full will be due as follows:-
b.i payment from United Kingdom Customers with trade accounts: within 30 days of the date of the Companies’ invoices
b.ii  payment in all other cases on dispatch of the Companies’ invoices to the Customer or on collection or delivery of the Goods to or by the Customer, whichever event is earlier.
c. In the case of all Goods to be exported payment must be made in full in cleared funds before the Companies will release such Goods for collection by or delivery to the Customer.
d. All payments shall be made in pounds sterling. If payment is made in any other currency or in sterling other than cash or bankers draft drawn on a London clearing bank the  Customer will meet all bank charges and costs incurred by the Companies in exchanging or cashing such payments. e. Payment can be made direct to the Companies’ banks. Details will be supplied by the Companies on request. f. Payment can be made by Mastercard and Visa card.

:: Interest ::

Without prejudice to any other common law or statutory rights of the Companies the Customer will be charged interest on any payment overdue at 3% over the Base Lending  Rate of National Westminster Bank PLC from time to time.

:: Risk and Property ::

a. Risk or loss and/or damage to the Goods passes to the Customer when the Goods are dispatched from the Companies’ premises or 7 days after the Customer has received  notice from the Companies that they are available for collection from the companies’ premises if earlier. After risk passes to the Customer, the Companies shall not be liable to  the Customer for loss or damage of any kind.
b. 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  Companies. Until such payment the Goods supplied shall remain the sole and absolute property of the Companies as legal and beneficial owners and the Customer shall hold  the Goods as bailee for the Companies and the following provisions of the clause 7 shall apply.
c. If the Customer sells or disposes of the Goods before the price is paid the Customer shall hold on trust for the Companies the whole of the proceeds of such sale, and shall  account to the Companies for the same within 14 days of the date of sale.
d. The Customer shall not:-
d.i pledge the Goods or allow any lien to arise thereon;
d.ii deal with or dispose of Goods other than by a sale to an independent purchaser paying full market value therefore in the ordinary course of the Customer’s business;
7. d.iii hold itself out as the Companies’ agent in respect of the goods.
d.iv If the Customer defaults in the punctual payment of any sum owing to the Companies, the Companies shall be entitled to the immediate return of all Goods supplied   by the Companies to the Customer in which the property has not passed to the Customer. The Customer hereby authorises the Companies to recover the Goods and   hereby grants an irrevocable right and license to the Companies’ servants and agents to enter upon all or any of the Customers’ premises with or without vehicles   during normal business hours for that purpose. Demand for recovery of Goods by the Companies shall not of itself discharge the Customer’s liability to pay the whole of   the price and take delivery of the Goods or the Companies’ rights to sue for the whole price.

:: Goods supplied on approval ::

Where the Companies supply Goods on approval the following terms apply:-
a. the Goods supplied remain the sole and absolute property of the Companies as legal and beneficial owners unless and until payment for the goods is made in full;
b. 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 Companies’ premises until the time they are returned to the Companies’ premises. For the purposes of return of the Goods, the Goods will not be treated as returned until the Companies have signed an  Acknowledgment of Receipt. The Companies undertake that such an Acknowledgement will be supplied to the Customer.
c. If the Goods supplied on approval are not returned to the Companies’ 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 Companies’ current price lists and otherwise on these terms and conditions.
d. All goods supplied on approval are invoiced immediately and will be credited on their return providing the Companies have issued an Acknowledgement of Receipt.

:: Delivery ::

a. 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 Companies be liable to compensate  the Customer in damages or otherwise for non-delivery or late delivery of the Goods or any of them supplied by the Companies for whatever reason or for any loss consequential or otherwise arising there from.
b. The Companies may fulfil orders by delivering in instalments unless otherwise stated. Should the Companies be prevented from delivering part of the Goods, the Companies shall  deliver and the Customer shall take and pay for such part of the Goods as the Companies shall be able to deliver.
c. All prices quoted are for delivery at the Companies’ premises in either Suffolk or London. Unless otherwise specified the Customer shall be responsible for arranging the packaging  and collection and the cost of all packaging, insurance and freight charges from the above premises. Where the Companies arrange packaging, insurance and freight the cost  shall be payable by the Customer and the Companies shall not be obliged to obtain the best or cheapest rates. At the request of the Customer the Companies will normally be able to arrange delivery.
d. The Customer is responsible for unpacking and inspecting the Goods immediately on delivery and shall inform the Companies of any defects or shortages by written notice of the  same within 3 days of the date of delivery. If the Customer fails to give such notice he shall be deemed to have accepted the Goods.
e. In the case of non-delivery of the Goods supplied, the Customer shall inform the Companies in writing within 7 days of receipt of the Companies’ invoices.

:: Liability ::

a. Subject to sub-paragraph 10.d below the Companies shall not be liable to the Customer: -
a.i for defects or shortages in quantity of the Goods supplied unless the Customer complies with the provisions of paragraphs 9.d above;
a.ii 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 Companies’ own transport or by   carrier on behalf of the Companies) unless the Customer complies with the provisions of paragraphs 9.d, and 9.e above;
a.iii 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;
a.iv for other defects in the Goods unless notified in writing to the Companies within 7 days of the date of the Companies’ invoices for the Goods.
b. Subject to sub-paragraph 10.d below:-
b.i where liability is accepted by the Companies under sub-paragraph 10.a above the Companies’ only obligation shall be their option to make good any shortage or   non-delivery and/or to replace or repair any Goods found to be damaged or defective. The Companies may require any allegedly defective Goods to be returned to   them at their expense before making good or replacing the Goods;
b.ii the Companies’ 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 said Goods.
c. Subject to the foregoing and to sub-paragraph 10.d below these terms set out the Companies’ entire liability in respect of the Goods and the Companies’ 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 stature and which by law of stature cannot be excluded. Save as provided in these terms the  Companies 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 there with.
d. 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 Companies is not excluded or restricted.

:: Cancellation & Returns ::

a. The Companies may at their option cancel or suspend any contract if the Customer fails to make any payment due pursuant hereto or if the Customer fails to perform any  obligation on its part under any contract with the Companies.
b. If an order is cancelled by the Customer or by the Companies pursuant to sub- Paragraph 11.a above the Customer will indemnify the Companies against all loss or damage  arising wherefrom including consequential loss.
c. No goods will be accepted for return without prior agreement by the Companies. Any agreed return will be credited less a handling charge of 20% and the cost of returning the  goods to the Companies to be borne by the returnee. A credit will only be passed if goods are returned in original packing, undamaged and in a saleable condition.

:: Force Majeure ::

The Companies 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 their 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 Companies are not responsible for any loss or damage whatsoever to any Goods belonging to the Customer left with it for rewiring or the carrying out of other work. The Customer should insure accordingly.

:: Insolvency and Default ::

If the Customer, being an individual, becomes bankrupt or makes a voluntary arrangement with his creditors or, being a company, enters into liquidation or has a receiver  appointed of 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 Companies, the Companies may without prejudice to any  of their 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 Customer.

:: Notices ::

Any notice given hereunder may be sent by prepaid first class post, or 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 facsimile on the date of dispatch.

:: Proper Law ::

The contract made with the Companies 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.

 
   
   
 
 

Site Designed and Managed by Hidden Design Studio