Terms & conditions

Terms & conditions

These terms and condition govern the relationship between you and us when you use this web site, and when you purchase products using this web site.

There are two sections


Please read them carefully. If you have any questions, or would like more explanation then please do not hesitate to call us.


Definitions
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the web site; "Product Description" means that part of the web site where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions particularly specified in the "Product Specification"; "Users" means the users of the web site collectively; "Personal Information" means the details provided by you on registration; "We/us" means aegistra limited; "Web site" means the website located at  www.aegistra.com or any subsequent URL which may replace it; "Cookies" means small text files which our web site places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this web site.


Use of the web site

1. Access

You are provided with access to this web site in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

2. Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the web site is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the web site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

3. Compliance with laws
The web site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the web site and any transactions conducted on or through the web site.

4. Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the web site, we make no warranties, whether express or implied in relation to its accuracy. The web site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the web site, or any transaction that may be conducted on or through the web site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the web site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the web site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the web site.

5. Registration
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting us. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

6. Indemnity
You agree fully to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this web site, or the use by any other person accessing the web site using your shopping account and/or your Personal Information.

7. Our rights
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

8. Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use of which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
 
9. Provision of information to authorities

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

10. Contests and prizes

When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

11. Cookies

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website.
Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed to aegistra limited at the company’s Head Office.


Purchase of products

1. Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

2. Limitation of Liability for sale of products

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a Buyer.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
- shortages in quantity delivered unless you notify us of any claim for short delivery within 5 days of receipt of the good
- damage to or loss of the goods or any part thereof in transit (where the goods are carried on behalf of the our own transport or by a carrier on our behalf) unless you notify us of any such claim within 5 days of receipt of the goods or the scheduled date of delivery whichever shall be the earlier
- defects in the goods caused by any act, neglect or default by you or of any third party
- other defects in the goods unless notified to the Seller within 1 month of receipt of the goods by you or where the defect would not be apparent on reasonable inspection within 12 months of delivery.

We may at our option make good any shortage or non-delivery and/or as appropriate replace or repair any goods found to be damaged or defective. Goods shall be returned to us when we so require carriage paid.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

3. Warranties

Subject to the foregoing all conditions warranties and representations expressed or implied by statute common law or otherwise in relation to the goods are hereby excluded and we shall be under no liability to you for any loss damage or injury direct or indirect resulting from defective material faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Seller in its employees or agents.

In the unlikely event you experience problems with our furniture, aegistra will repair or replace at its sole discretion any furniture (or furniture components) that is found to be defective due to design or manufacturing errors or defective materials within twelve months of delivery. 

 

Any defects must be notified immediately they occur and full details provided.  The warranty requires any defective components to be returned to aegistra on request and reimbursement of any shipping charges will be at its sole discretion. 

The warranty does not cover:

  • Wilful or careless damage 

  • Impact damage

  • Damage resulting from failure to follow the handling and maintenance instructions included in any instructions delivered with the furniture

 

4. Contract cancellation

Please note that since all the goods are made to your Order, you are not entitled to cancel this contract unless the goods are faulty.

5. Payment

Payment in full is required on receipt of our pro-forma invoice based on your order.

6. VAT

Unless otherwise agreed, the price and any other sums due to us under the contract are exclusive of Value Added Tax or any other tax or levy which will be charged extra and will be payable at the same time as the sums to which it relates.

7. General

7.1 Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

7.2 Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

7.3 Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

7.4 Force majeure

We shall not be liable to you for any loss or damage which may be suffered by you as a direct or indirect result of the supply of goods by us being prevented hindered delayed or rendered uneconomic by reason of circumstances or events beyond our reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute, or labour disturbance, accident break-down of plant, or machinery, fire, flood, storm, difficulty of increased expense in obtaining workmen, materials or transport, or other circumstances affecting the supply of the goods, or of raw materials therefore by our normal source of supply of the manufacture of the goods by our normal means or the delivery of the goods by our normal route or means of delivery and, if all or any part of the contract becomes impossible to perform or otherwise frustrated.

We will nevertheless be entitled to reasonable remuneration for goods supplied and work done until that occurs. If due to such events or circumstances we have insufficient stocks to meet all our commitments we may apportion available stocks between our customers at our sole discretion. We may charge you for any additional cost or expense incurred by us as a result of any delay or difficulty in transporting or off-loading the goods to or at the site for reasons outside our reasonable control.

8. Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what aegistra limited and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

9. Law

The Conditions shall be governed by and construed in accordance with the laws of and you irrevocably submit to the exclusive jurisdiction of the courts of England.

        © aegistra Limited 2010