1. Definitions
In this document, the following words shall have the following meanings;
1.1 Consumer shall have the meaning ascribed in Section 12 of the Unfair Contract Terms Act 1977.
1.2 Customer means any person who puchases Goods and Services from the Supplier.
1.3 Goods means the articles specified in the Proposal.
1.4 Proposal means a statement of work, a payment option as so described on the Supplier's website, a quotation or other similar document describing the Goods and Services to be provided by the Supplier.
1.5 Services means the Services specified in the Proposal.
1.6 Supplier means Chaoticjelly Games.
1.7 Terms and Conditions means the Terms and Conditions of Supply set out in this document and any special Terms and Conditions agreed in writing by the Supplier.
1.8 Order means the confirmation to proceed with the Proposal.
2. General
2.1 Unless dealing with a business, nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.3 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
3. The Order
3.1 The Proposal shall remain valid for a period of 7 days for domestic Customers and 14 days for overseas Customers.
3.2 The Customer will be deemed to have accepted the Proposal by placing an Order with the Supplier (the Order) within the period specified in Clause 3.1.
3.3 An Order shall be fully binding under the Terms and Conditions of this document, when the Customer confirms the Proposal by way of, but not limited to, one of the following methods: Fax, Email, SMS, Verbal Confirmation, Website Reply or Letter Post.
3.4 The point of the acceptance of the Order shall be deemed at the point whereby the customer issued the Supplier with a commencement date, by way of, but not limited to, one of the following methods: Fax, Email, SMS, Verbal Confirmation, Website Reply or Letter Post.
3.5 All Orders for Goods and Services shall be deemed, acceptance of the Proposal pursuant to these Terms and Conditions.
4. Price and Payment
4.1 The price for the Goods and Services as specified in the Proposal are not subject to VAT.
4.2 If the Customer fails to make any payment or prepayment within 30 days of it becoming due, the Supplier shall be entitled to charge compounded interest at the rate of 6.75 % per month on the outstanding amounts.
4.3 Payment shall be as laid out in the Proposal, except in the event of an unforeseen condition, delay, omission, or variation(s) to the Proposal, verbal or written.
5. Delivery
5.1 The date of Delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
6. Title
6.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7. Customer's Obligations
7.1 To enable the Supplier to perform its obligations the Customer shall:
7.1.1 Cooperate with the Supplier.
7.1.2 Provide the Supplier with any information reasonably required by the Supplier.
7.1.3 Obtain all necessary permissions, licenses and consents that may be required before the commencement of the Services, the cost of which shall be the sole responsibility of the Customer.
7.1.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8. Supplier's Obligations
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier to the Customer.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all new Goods against faulty workmanship and materials for a period of 12 months * from the date of delivery. *Excludes customer misuse, fair wear and tear etc.
9. Cancellations and Refunds
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within not less than 7 days of the commencement date.
9.3 This policy does not apply to goods and services made to the Customer’s specification.
10. Limitation of Liability
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11. Force Majeure
11.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12. Severance
12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. Governing Law
13.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
13.2 Terms and Conditions apply for Chaoticjelly Games.
