Minerva Leathers - Terms & Conditions
1.1 In these Conditions
"YOU" means the customer who orders Goods from us
"GOODS" means the goods as specified in your Order
"WE/US" means Minerva Antiques International Limited of 90 Royal Hill Greenwich London SE10 8RT
"CONTRACT" means the contract for the purchase and sale of the Goods incorporating these standard conditions of sale including any special terms and conditions agreed in writing between us.
"ORDER" means the Order for Goods placed by you through this website.
2 Basis of the sale
2.1 We shall sell and you shall purchase the Goods.
2.2 All terms of the Contract between us are contained in this document unless varied and confirmed by us in writing.
2.3 Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the Contract.
3 Orders and specification
3.1 The Order submitted shall not be deemed to be accepted by us unless
we confirm it by return email.
3.2 You shall be responsible for ensuring the accuracy of the terms of the Order, any measurement and specification submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to allow us to perform the Contract.
3.3 The quantity, quality, description and specification for the Goods shall be those set out in the Order as selected by you.
4 Price of the goods
4.1 The price of the Goods which includes delivery shall be our quoted
price and remain valid for 30 days.
4.2 If an Order which has been accepted by us is either cancelled (unless under your statutory right to cancel) or varied by you then you will be responsible to pay our costs, losses, or expenses properly incurred.
4.3 If you are a consumer then you have the right to cancel this Contract within 7 working days of the day after the date the Goods are delivered, provided that the Goods have not been used altered or damaged in any way.
4.4 On cancellation, you must return the Goods and any packaging to us at your expense to the address above, failing which we will deduct any reasonable costs of recovery of the Goods from the money payable to you.
4.5 On receipt of notice of your cancellation of this Order, we will refund the price paid subject to the above clause 4.4.
5 Terms of payment
5.1 You must pay the full price of the Goods before delivery.
5.2 If you refuse to accept delivery of the Goods we shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the legal ownership in the Goods has not passed to you. If we are able to re-sell or re-use the Goods then the amount of our claim may be limited.
5.3 If you fail to make any payment when due without a valid and lawful reason then, without prejudice to any other right or remedy available to us, then we shall be entitled to:
5.3.1 cancel the contract or suspend any further deliveries to you;
5.3.2 use any other money you have paid to us
5.3.3 charge you interest (both before and after any judgment) on the amount unpaid, at the rate of 5% per annum above National Westminster Bank plc base rate from time to time, until payment in full is made
6.1 You must provide a delivery address
6.2 All dates quoted for delivery are approximate.
6.3 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions access then, without prejudice to any other right or remedy available to us we may:
6.3.1 store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage: or
6.3.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
7 Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to you at the time
of delivery or, if you wrongfully fail to take delivery, the time when
we have tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of this Contract, the legal ownership in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods
7.3.1Until such time as the legal ownership in the Goods passes you shall keep the Goods separate and properly stored, protected and insured and identified as our property; and
7.3.2 we shall be entitled at any time to require you to deliver up the Goods to us. If you fail to do so forthwith, we may enter the premises where the Goods are stored and repossess the Goods with your consent or that of a third party if either of you have a legitimate interest in the property or are authorised to consent to such access. If we do not obtain the necessary consent then appropriate court action will be taken
7.3 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain within our ownership
8 Warranties and liability
This clause does not affect your statutory rights
8.3 Whilst we make every effort to supply Goods strictly in accordance with this Contract we shall be under no liability in respect of:
8.1.1 natural variation, natural and ageing characteristics, colour and marking variations and style;
8.1.2 any defect arising from fair wear and tear, wilful damage, your negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
8.1.3 any damage caused by delivery unless from our negligence.
8.4 Our liability to you for death or injury resulting from our own or our employees', agents' or sub-contractor's negligence shall not be limited
8.5 We shall only be liable for losses that are foreseeable.
8.6 We shall not be liable to you or be deemed to be in breach of the Contract by reason or any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to Act of God, your act of default or any cause beyond our reasonable control
9.1 Any notice required or permitted to be given by either party to the
other under this Contract shall be in writing addressed to that other
party at the address given in Order
9.2 No waiver by us or any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.3 If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
9.4 The Contract shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
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