Terms and Conditions
Terms and Conditions of Sale of Maggs Bros. Ltd.
It is important that you read and understand these terms and conditions before proceeding with this transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of Maggs Bros. Ltd.
Only proceed with this transaction if you wish to be bound by the terms and conditions set out below.
1. PURPOSE AND EFFECT
1.1 These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as “the goods”. We confirm that we either own the goods or are authorised to sell it on behalf of the owner.
Maggs Bros. Ltd is registered in England (registered number 2849501) and its registered address is at 46 Curzon Street, London W1J 7UH (“our address”).
1.2 If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed by us in writing and in advance of any transaction taking place.
2. STATEMENTS ABOUT THE GOODS
2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the goods constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.
2.2 While we will on request explain the condition of the goods at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the goods, however occasioned, after the sale.
2.3 You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 2.1 and 2.2 above.
3. PAYMENT OF PURCHASE PRICE
3.1 You must pay us the full price for the goods, together with delivery costs, any VAT and any amounts payable to us under clause 7 below but excluding any deposit or advance that you may already have paid, by bank transfer or such other methods as we agree in writing, within 30 days after the date of the invoice (unless stated otherwise on the invoice). If we agree with you that the sale is dependent on the issue of an export licence, payment must be made, in the same way, within 7 days after the issue of the export licence. In either case, payment has not been made until we have received cleared funds representing the full amount.
3.2 If you fail to make full payment within the relevant period, we will be entitled to charge you interest on the amount unpaid at the rate of 5% per annum above Barclay’s Bank base rate from the date when payment was due until payment is made in full.
4. COMMISSION PAYABLE BY US TO THIRD PARTIES
If you have authorised, or appear to us to have authorised, a third party to negotiate the purchase of the goods on your behalf, we may pay that third party a commission. Details will be provided on request.
5. COLLECTION OF THE GOODS AND PASSING OF RISK
5.1 You must collect the goods from our premises at an agreed time and date, unless it is agreed in writing that: (i) you should collect the goods elsewhere; (ii) we should deliver the goods to you; or (iii) you should make your own arrangements for someone else to collect the goods for you.
5.2 Subject to clause 5.3 below, from the time and date agreed for its collection, you will be responsible for the goods and the risk of damage to it or loss of it will pass to you. You must therefore make appropriate arrangements to insure the goods from the time agreed for collection or during transit.
5.3 If however we permit you to take delivery of the goods without your agreement to purchase the goods, for example on approval, we will continue to be responsible for insuring the goods.
6. PASSING OF OWNERSHIP
6.1 Full legal title to the goods will not pass to you until we have received in full, in cleared funds, all sums due in respect of the goods.
6.2 If you have possession of the goods before full payment has been made, you must:
6.2.1 keep possession of the goods, not sell the goods or hand the goods over to any other person or dispose of any interest in the goods
6.2.2 in the case of goods consisting of more than one item, keep those items together;
6.2.3 keep any identifying marks showing that we own the goods clearly displayed;
6.2.4 store the goods on your premises, insured and at no cost to us, separately from other property;
6.2.5 at our request, and after we have given you reasonable notice, allow us or a third party acting on our behalf to have access to the goods in order to inspect the goods; and
6.2.6 preserve the goods in the same state as it was on delivery
7.1 If the goods are to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union, we will normally make appropriate arrangements for export and shipment and may make a reasonable additional charge for doing so.
7.2 If, contrary to our normal practice, we allow you to make arrangements for export of the goods, you must comply with all requirements of HM Revenue and Customs, the export licensing authorities and any other relevant official bodies and:
7.2.1 provide us with all the relevant documents showing proof of export without delay and in any event within 7 days from the date of shipment; and
7.2.2 reimburse to us any sum claimed if HM Revenue and Customs or any other official body makes any claim against us for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.
7.3 In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
7.4 Unless otherwise agreed in writing, the sale of the goods is not dependent on either us or you obtaining an export licence.
8. BREACH BY THE BUYER
If you fail to pay the purchase price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the purchase price in full you fail to comply with the obligations set out in clauses 6 and 7 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the goods or the goods itself, we are entitled (without prejudice to our other rights and remedies at law) to either:
8.1.1 terminate the contract for sale, repossess the goods and claim damages for any loss we have suffered; or
8.1.2 or at our election, treat the sale as cancelled, and repossess the goods, in which case (and only in which case) we shall following the safe return of the goods, refund to you any part of the purchase price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the goods.
8.2 We shall also have the right to repossess the goods and cancel the sale if before you make full payment of the purchase price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver).
8.3 Where we notify you of the exercise of our right to repossession, you will within seven days of such notice, return the goods to our premises at your cost and risk or tell us where the goods are kept and allow us to enter the premises where the goods are (separately) kept and take the goods away at your cost (it being understood that where the goods consists of more than one item, our rights of repossession extend to all such items).
9. LIMITATION OF OUR LIABILITY
Any claim against us must be brought within a period of 6 years from the date of the invoice for the goods or, if we have been guilty of any fraud deliberately concealed a relevant fact in relation to the goods within 6 years after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after these periods.
We will have the right, but not the obligation, to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the goods. Upon notice of our election to rescind the sale, you will promptly return the goods to us. We will then refund the price and any amount paid to us. The refund of the price will constitute your sole remedy and recourse against us with respect to such claims.
The copyright subsisting in all images and other materials produced for the sale of the goods is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the goods. During the period in which the goods are protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the goods, but not the right to produce copies of the goods (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.
Any notice to be given to us or that we must give to you in connection with the sale of the goods must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as notified to us by you as the case may be.
13. FURTHER INFORMATION
This clause applies only where the sale of the goods is to a natural person acting for purposes outside his business.
It is not our standard policy to sell goods exclusively by electronic mail/other methods of distance communication. However, in the exceptional case where a contract for the sale of the goods is concluded exclusively through such distance communication, the Consumer Protection (Distance Selling) Regulations 2000 (included as amended) apply and accordingly:
13.1 We confirm that Maggs Bros. Ltd as set out in clause 1.1 is the supplier of all goods sold to you and is the party to whom any complaints or comments should be directed.
13.2 If you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase of the goods in question within 14 days, beginning with the day after the day the goods is collected/delivered. This right extends only to goods returned in the same condition in which they were sold. You will be responsible for the costs of returning the goods to us unless we delivered the goods to you in error. If we do not receive the goods back from you, we may arrange for collection of the goods from you at your cost.
14. LAW AND JURISDICTION
14.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.
14.2 If you are purchasing the goods as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. If you are not purchasing the goods as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.
If any part of these terms is found to be invalid, unlawful or unenforceable by any Court or other competent authority, it will not affect the remaining terms, which will continue to be valid and enforceable.
Website Terms and Conditions
Welcome to the Maggs Bros. Ltd. website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website.
The term Maggs Bros. Ltd. or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 46 Curzon Street, London, W1J 7UH. Our company registration number is 2849501 in England and Wales. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
The European Commission provides for an online dispute resolution platform, which you can access here: (http://ec.europa.eu/consumers/odr). If you would like to bring a matter to our attention, please contact us at firstname.lastname@example.org