Cherry brush

buy Chinese and Japanese Oriental art, brush paintings, scrolls wall hangings and calligraphy.

CherryBrush.co.uk terms and conditions of supply...

Any Order and subsequent purchase of Goods (as defined below) from CherryBrush shall be governed by the following terms and conditions. Please read them carefully.

These terms and conditions do not affect your statutory rights as a consumer.

1. In these Conditions:

"Goods" means those products made available by CherryBrush that you wish to purchase, as indicated in your Order.

"Order" means orders placed in accordance with the provisions of Section 3.1.

"Site" means the website owned and operated by CherryBrush with URL address http://www.cherrybrush.co.uk.

2. Customer Obligations

2.1 By submitting your Order you warrant, represent and undertake:

2.1.1 that you are aged 16 or over

2.1.2 that you know of no reason why the Goods may not be suitable for your requirements;

2.1.3 to provide any details reasonably requested by CherryBrush to confirm that you are eligible to purchase the Goods;

2.1.4 that you are acting in your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than your own personal use;

2.1.5 that you are resident within the United Kingdom; and

2.1.6 that you are the authorised holder of any credit/debit card you may use on the Site.

3. Orders for Goods

3.1 Orders must be placed:3.1.1 via the ordering system on the Site or via email - please see the contact page

3.2 Your submission of the Order represents an offer to purchase the Goods from CherryBrush. CherryBrush may confirm receipt of this offer via email. Any confirmation of receipt of the Order will not constitute an acceptance by CherryBrush of your Order.

3.3 There will be no binding contract between you and CherryBrush for the supply of Goods until the Goods have been dispatched to you by CherryBrush.

3.4 You may change your Order at any time until the Goods are dispatched by contacting CherryBrush by email or our contact form. You must let us know of any changes as soon as possible, because we process orders very rapidly.

4. Limitations of Supply

4.1 CherryBrush shall make every effort to ensure that all Orders are fulfilled, however we cannot guarantee the availability of Goods. If the Goods you have ordered are unavailable, CherryBrush will contact you to give you a choice to receive a replacement or a refund. If CherryBrush receives no response from you, CherryBrush may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.

5. Prices and Payment

5.1 Subject to Clause 5.3, the price payable by you for the Goods shall be the price stated on the Site at the time your Order is placed in accordance with these Terms and Conditions.

5.2 Prices stated are in Pounds Sterling and include VAT.

5.3 The postage, packaging and delivery charges for all purchases are given on our Site.

6. Delivery and Carriage

6.1 Delivery of the Goods shall take place at the time the Goods first arrive at the delivery address stated on your Order (which must be a United Kingdom address).

6.2 If your Order is accepted by CherryBrush, delivery will take place no later than twenty-eight (28) days following receipt of your Order.

6.3 If your Order is accepted by CherryBrush and the Goods have not been delivered to the delivery address stated in your Order within twenty eight (28) days, you must notify CherryBrush. CherryBrush will check the delivery details with you and the delivery contractor. If the Goods have not been delivered to the delivery address stated in your Order, CherryBrush will make alternative arrangements to re-deliver within 10 working days.

7. Inspection

7.1 Upon delivery of the Goods you must inspect them carefully. If any of the Goods do not match the description or appear to be damaged or are missing, please contact us by email and inform us of the problem.

7.2 If the Goods are defective on delivery, CherryBrush shall at its absolute discretion repair or replace such Goods or give a refund.

7.3 If the Goods are defective in accordance with any of Clauses 7.1 to 7.3, you agree to return the defective Goods to CherryBrush in substantially the same condition as when received by you, including all items and packaging accompanying the Goods.

7.4 Subject to Clause 7.7, CherryBrush shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods returned for the reasons set out in Clause 7.1 to 7.3 and shall, upon written request, reimburse you the reasonable costs of returning the defective Goods.

7.5 You will be liable for the costs of replacement Goods (including posting, packing and delivery) until the returned Goods are received by CherryBrush.

8. Money Back Guarantee

8.1 You may upon notice in writing to us (in accordance with the provisions of Clause 12), cancel your Order, without reason, and such right to cancel continues:
8.1.1 if there is no face-to-face consultation following delivery; until the expiry of twenty-eight (28) days from the date of dispatch of the Goods by CherryBrush.

8.2 In the event of cancellation you shall promptly return the Goods, and any items and packaging accompanying the Goods and CherryBrush shall, subject to such Goods and items being returned in substantially the same condition as when received by you, reimburse you within thirty (30) days of the day on which notice of cancellation is given or the returned Goods and items are received by CherryBrush, whichever is the earlier. Such a refund will include the total price paid for the Goods but shall not include any costs of returning the Goods to CherryBrush such as postage and packing. Monies will be refunded by the same method of payment as originally paid to CherryBrush.

8.3 No monies will be refunded if:
8.3.1 the Goods are not received by CherryBrush in "as new" condition;
8.3.2 CherryBrush has not received payment in full for the Goods;
or8.3.3 you are in breach of your obligations under these Terms and Conditions of Supply, if, by way of example only, you provide a false certification.

9. Transfer of Risk and Title in Goods

9.1 Subject to Clause 8, title in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order provided that CherryBrush has received payment in full for the Goods.

9.2 Subject to Clause 8, risk in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order.

9.3 In the event of cancellation, risk in the Goods remains with you until the Goods are received by CherryBrush.

10. Force Majeure

CherryBrush shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.

11. Notices

Any notice or other communication to be given under these Terms and Conditions must be in writing. In the case of notices to you, by pre-paid post, fax or email to the address or other contact address set out in your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.

12. General Provisions

12.1 In the interpretation of these Terms and Conditions:
12.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement;
and 12.1.2 "including" means including without limitation and includes shall be construed accordingly.

12.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this Agreement.

12.3 The Contracts (Rights of Third Parties) Act 1999 and any legislation amending or replacing this Act shall not apply in relation to these Terms and Conditions and nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.

12.4 These Terms and Conditions and any relevant Order accepted by CherryBrush constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and sales literature) and, subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions or any relevant Order accepted by CherryBrush. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms and Conditions on behalf of CherryBrush and no variation, amendment or waiver of these Terms and Conditions by such persons shall have effect unless expressly agreed to by CherryBrush with you in writing.

12.5 Failure by either party to assert its rights in relation to any breach of these Terms and Conditions or any relevant Order on any occasion shall not be deemed a waiver of such rights.

12.6 If any provision of these Terms and Conditions and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms and Conditions.

12.7 These Terms and Conditions and any relevant Order are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them.© Prescription Eyewear Limited 2007. All Rights Reserved.

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