TERMS & CONDITIONS
Cancellations and refunds
Refunds and exchanges will only be made if the goods are faulty or do not meet the specifications of your order. This does not affect your statutory rights.
Terms & Conditions for the sale of Mandalay Ltd trading as Kirsten Burke on the Internet.
Any order from a customer for Mandalay Ltd is deemed to constitute acceptance of the following terms and conditions.
Prices are determined by reference to Mandalay Ltd prices on the Kirsten Burke website at the date of acceptance of the order by Mandalay Ltd.
All prices given by Mandalay Ltd include VAT at 20%
Every effort is made to display the prices accurately. However, on rare occasions, mistakes happen. In this instance Mandalay Ltd will correct the mistake and inform the Customer so that they can decide whether to continue with the order at the correct price.
Mandalay Ltd acknowledge orders on the understanding that delivery is subject to availability. Should an item not be available, the customer will be informed and an alternative offered.
Any dates quoted for delivery of orders are approximate only and Mandalay Ltd shall not be liable for any delay in delivery of the orders however caused. Time for delivery shall not be of the essence unless previously agreed by Mandalay Ltd in writing.
If Mandalay Ltd fails to deliver the order for any reasons other than any cause beyond Mandalay Ltd’s reasonable control or the Customer’s fault and Mandalay Ltd is liable to the Customer, Mandalay Ltd’s liability shall be limited to the invoice price of the goods.
The Customer shall upon delivery, examine the goods and shall promptly (but in any event within 7 working days of delivery) notify Mandalay Ltd of any apparent damage, defect or shortage. In default of such written notification, Mandalay Ltd shall be deemed conclusively to have properly performed its obligations in relation to the purchase and sale of the goods. All illustrations, designs and general descriptions contained on the Mandalay Ltd website or otherwise provided to the customer are intended for general guidance only and shall not be binding on Mandalay Ltd and are only approximate indications of the type, size or colour of goods and are intended to represent a general idea of the goods described therein and the sales of such goods shall not be reference thereto. The customer shall take the goods at his own risk as to their corresponding with such examples or as to their quality, condition or sufficiency for any purpose.
In the event of a claim, settlement will be limited to the value of the goods defectively produced and will in no way extend to consequential loss, howsoever caused.
Risk of damage to or loss of the goods shall pass to the customer at the time of delivery or, if the customer wrongfully fails to take delivery of the goods at the time when Mandalay Ltd had tendered delivery of the goods.
Mandalay Ltd shall not be liable to the customer or be deemed in breach of the agreement by reason of any delay in performing, or any failure to perform any of Mandalay Ltd’s obligations in relation to the goods, if the delay or failure was due to any cause beyond Mandalay Ltd’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Mandalay Ltd’s reasonable control:
Act of God, explosion, flood tempest, fire or accident
War or threat of war, sabotage, insurrection, civil disturbance or requisition.
Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of governmental, parliamentary or local authority
Import or export regulations or embargoes
Strikes, lock-outs or any other industrial actions or trade disputes (whether involving employees of Mandalay Ltd or of a third party)
Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
Power failure or breakdown in machinery.
Any dispute, claims or proceedings of whatever nature between Mandalay Ltd and the Customer in connection with or arising out of the validity, construction or performance of this agreement shall be subject to the non-exclusive jurisdiction of The High Court of England and Wales, to which both parties irrevocably submit.
The validity, construction and performance of this agreement shall be governed by English Law.
These terms and conditions do not affect your statutory rights.
©Kirsten Burke. All Rights Reserved.