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The copyright and other intellectual property rights in this Web Site and its contents (including design, text, graphics, software and any other material) are owned by Eco Galleria or its licensors.
© Eco Galleria. 2008. All Rights Reserved.
Anyone is entitled to view this site and to print pages of this Web Site for the sole purpose of placing an order with Eco Galleria. Any other use is strictly prohibited without Eco Galleria’s prior written consent.
Eco Galleria has taken every precaution in compiling this Web Site. However neither it nor its directors, employees or other representatives will be liable for damages (direct or indirect) arising out of or in connection with the use of the Web Site, except where, as a result of the negligence of Eco Galleria, its directors, employees or representatives, death or personal injury is caused, in which case Eco Galleria’s liability is not limited or excluded. Nothing in the disclaimer or in the Terms and Conditions below seeks to exclude or limit any statutory rights available under the law which cannot be excluded or limited, including Eco Galleria’s liability to the Buyer in respect of:
(a) fraud, or fraudulent misrepresentation;
(b) the terms as to title and quiet possession implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
(c) liability for defective products under the Consumer Protection Act 1987; and/or
(d) the terms as to goods corresponding with their description implied by Section 13 of the Sale of Goods Act 1979 (as amended) where the Buyer deals as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977).
The Web Site is provided on an “AS IS” basis and Eco Galleria excludes all warranties or representations of any kind with respect to this Web Site or its contents to the fullest extent permitted by law. In particular, Eco Galleria does not warrant or represent that the information contained on the Web Site is accurate or up to date.
The contents of this Web Site are designed to comply with US law. You may be viewing the Web Site in a market in which we do not commonly sell our goods. Eco Galleria cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Web Site or its contents.
For further information on the terms and conditions that apply in connection with your use of this Web Site, please refer to our Terms and Conditions below.
WEBSITE TERMS AND CONDITIONS OF SALE OF GOODS DATED November 2008
In these conditions, unless the context requires otherwise: “Buyer” means the company, firm, body or person purchasing the Goods. “Goods” means the goods (including any installment of the goods) which Eco Galleria will supply in accordance with these conditions. “Order” means a purchase order issued by email by the Buyer to Eco Galleria in respect of the Goods on the order form set out on the Web Site. “Web Site” means Eco Galleria’s Web Site “www.ecogalleria.com”.
1.1 A contract (“Contract”) will only come into being upon acceptance by Eco Galleria of the Order and the following conditions shall be deemed to be incorporated in the Contract. The Buyer accepts these terms and conditions by completing and submitting the Web Site Order form. By completing the Order Form, the Buyer grants to Eco Galleria the authority to conduct any credit search which it deems necessary in order to allow for the acceptance and fulfilment of all orders received by Eco Galleria. Eco Galleria reserves the right to refuse to supply any individual or company.
1.2 The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect. Any variation of the Contract must be confirmed in writing by Eco Galleria. Eco Galleria may revise these terms at any time and without notice at its sole discretion. Any change will take effect immediately after posting on the Web Site and will be deemed to be accepted by Buyers who continue to access the Web Site. For the avoidance of doubt, any Contract will remain subject to the version of the terms on the Web Site at the time the Order is placed and shall not be affected by any subsequent alterations. Any person ordering from the Web Site may print and keep a copy of these terms and conditions.
1.3 Eco Galleria’s acceptance of the Order shall be by email confirming the Goods ordered, the price of the Goods, the arrangements for payment, the arrangements for delivery and the packaging and postage charge. The acceptance will be deemed complete and will be deemed for all purposes to have been sent to the Buyer at the time Eco Galleria send the email to the Buyer
2.1 The price for the Goods shall be those prices published on the Web Site when the Order is accepted by Eco Galleria as confirmed when Eco Galleria accepts the Order in accordance with clause 1.3 above. These prices are inclusive of VAT, where applicable.
2.2 Eco Galleria’s current delivery charges and anticipated delivery times are as published on the Web Site and for the purposes of the Contract shall be that information on the Web Site at the time when the Order is accepted by Eco Galleria in accordance with clause 1.3 above.
2.3 Eco Galleria reserves the right to amend the price stated on the Web Site (or any other typographical, clerical or other error or omission on the Web Site) at any time. Where there is a difference between the price of any Goods or delivery charges at the time the Order is made and the time when the Order is accepted, then Eco Galleria will inform the Buyer by email or telephone and confirm whether the Buyer wishes to proceed with the purchase at the altered price. If the Buyer elects not to proceed with the purchase then if any payment has been taken, this shall be re-credited to the Buyer’s credit or debit account.
3. TERMS OF PAYMENT
3.1 Payment of the whole of the price of the Goods must be received by Eco Galleria before the Goods are dispatched to the Buyer. Eco Galleria accepts payment from most major credit and debit cards, including PayPal, Visa, Mastercard, Discover and American Express and . Card details are checked and verified by a third party and the Goods are dispatched once authorization has been received.
3.2 If Eco Galleria does not have sufficient stock of all or some of the Goods in the Order, Eco Galleria shall notify the Buyer by e-mail or telephone, informing the Buyer and if payment has been taken, Eco Galleria shall credit the Buyer’s credit card or debit card account with the price of the Goods which were unavailable. Eco Galleria shall use its reasonable endeavors to credit the Buyer’s account as soon as is reasonably practicable but in any event no later than 30 days from the date of the transaction. Eco Galleria will not be obliged to offer any additional compensation for disappointment suffered.
4.1 The Buyer may cancel the Contract for any reason in the period of seven (14) working days after the day of delivery of the Goods to the Buyer. To cancel the Contract, the Buyer shall notify Eco Galleria in writing or other durable medium such as e-mail or fax, but not by telephone of the cancellation within seven (7) working days after the day of delivery of the Goods to the Buyer and repackage the relevant Goods in an unused condition securely and send them to the address below:
At The Train Station
400 Maple Ave.
Oradell, NJ 07649
so that Eco Galleria receives the Goods within fourteen working days after the date of delivery. Eco Galleria recommends that the Buyer uses a recorded delivery service. The Goods are returned under this clause at the Buyer’s cost and risk.
4.2 Notice of the cancellation by the Buyer shall be deemed to be delivered at the following times:
4.2.1 if a Buyer leaves it (Notice of Cancellation, not the actual Goods) at the above address, marked for the attention of
the Customer Services Department, Eco Galleria the day on which it was left;
4.2.2 if a Buyer sends it by post to the above address marked for the attention of the Customer Services Department, Eco Galleria, the day on which it was posted; or
4.2.3 if a Buyer sends it by facsimile or electronic email to the above number or address, the day on which it is sent.
4.3 Eco Galleria shall credit the Buyer’s credit card or debit card account with the price of the Goods in relation to a contract cancelled under clause 4.1 and shall refund the Buyer’s account as soon as is reasonably practicable but in any event in no later than 30 days, provided that Goods are returned to Eco Galleria in their original condition, from the date of receipt of notification of the cancellation. If any Goods are not returned under clause 4.1, Eco Galleria may arrange for them to be collected from the Buyer at their residence and recover from the Buyer Eco Galleria’s direct costs of doing so whether by off-setting the amount from the purchase price of the Goods or otherwise.
5. NO QUIBBLE REFUND; WARRANTY; LIMIT OF RESPONSIBILITY
5.1 If the Buyer is not happy with any Goods they may return them within 14 days of delivery either:
5.1.1 return the Goods in an unused condition to Eco Galleria by post to the address set out in clause 4.1; or
5.1.2 return the Goods in an unused condition to any Eco Galleria stores provided that the Buyer can produce the dispatch or delivery note issued to them on delivery as proof of purchase.
5.2 If the Buyer elects to return the Goods by post in accordance with clause 5.1.1 upon safe receipt of such Goods in their original condition, Eco Galleria shall give the Buyer a full refund of the purchase price of the Goods (but not the initial delivery charges levied against the Buyer) paid by the Buyer. The cost of returning the Goods shall be borne by the Buyer and the Goods are returned at the Buyer’s risk unless the Goods are defective or were improperly described in which case the provisions of clause 5.4 shall apply in relation to delivery costs.
5.3 If the Buyer elects to return the Goods to Eco Galleria’s store in accordance with clause 5.1.2, provided the Goods are produced to the Eco Galleria store in their original condition, Eco Galleria shall give a full refund of the purchase price of the Goods paid by the Buyer (but not the initial delivery charges levied against the Buyer). If the Goods are defective or improperly described then the provisions of clause 5.5 shall apply.
5.4 Eco Galleria warrants that it will either replace the Goods or refund the full purchase price of any Goods (together with the initial delivery costs levied against the Buyer in the case of a re-fund) which are accepted by Eco Galleria as being defective or faulty or not in accordance with the Contract within a period of 30 days from dispatch of such Goods from Eco Galleria’s works to the Buyer’s delivery address (“Warranty Period”) provided that the defect or fault does not arise from fair wear and tear, willful damage, negligence, failure to follow Eco Galleria’s or the manufacturer’s instructions or through the misuse, alteration or repair of the Goods without Eco Galleria’s approval. After the Warranty Period, refunds/exchanges/repairs shall be at the discretion of Eco Galleria . Your statutory rights are not affected.
5.5 The Buyer may, if they wish, return any Goods which are accepted by Eco Galleria as being defective or faulty or not in accordance with the Contract within the Warranty Period to Eco Galleria’s store, provided the Buyer can produce the dispatch or delivery note issued to them on delivery as proof of purchase. Eco Galleria shall either replace the Goods or refund the amount paid by the Buyer to purchase the Goods at that time (together with any initial delivery charges levied against the Buyer provided that the goods are faulty).
5.6 THE BUYER’S REMEDIES IN RESPECT OF ANY CLAIM UNDER THE FOREGOING EXPRESS WARRANTY OR ANY CONDITION OR WARRANTY IMPLIED BY LAW OR ANY OTHER CLAIM IN RESPECT OF THE GOODS OR ANY WORKMANSHIP IN RELATION TO THEM (WHETHER OR NOT INVOLVING NEGLIGENCE ON THE PART OF Eco Galleria) SHALL, IN ALL CASES, BE LIMITED TO REPLACEMENT OF THE GOODS OR REFUND OF THE PURCHASE PRICE AS AFORESAID AND ANY OTHER CONDITION OR WARRANTY IMPLIED BY LAW SHALL CEASE TO APPLY AFTER THE EXPIRY OF THE WARRANTY PERIOD. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
5.7 EXCEPT IN RESPECT OF DEATH AND PERSONAL INJURY, Eco Galleria’s AGGREGATE LIABILITY TO THE BUYER IN RESPECT OF BREACH OF CONTRACT, MISREPRESENTATION (BUT NOT FRAUDULENT MISREPRESENTATION), TORT, NEGLIGENCE, OR ANY OTHER LEGAL LIABILITY IN RELATION TO THE SALE OF THE GOODS SHALL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS PAID BY THE BUYER.
5.8 Eco Galleria SHALL NOT BE LIABLE TO THE BUYER FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR LOSS OF PROFITS WHICH ARISES OUT OF OR IN CONNECTION WITH THE SUPPLY OF GOODS EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
5.9 The Buyer shall inform Eco Galleria by telephone, email or letter if the wrong Goods or the wrong number of Goods are sent to the Buyer.
5.10 Any complaints should be sent to:
Customer Services Department
421 Kingston Street
Wyckoff, NJ 07481
6. DELIVERY AND COMPLETION DATES
6.1 Eco Galleria shall aim to ship the Goods within 3 (three) working days of acceptance of the Order, however time is not of the essence for delivery or performance. If Eco Galleria is unable to ship the Goods within 3 (three) working days then it shall use reasonable endeavors to inform the Buyer of this by e-mail and give an amended delivery time.
6.2 Eco Galleria shall not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver or perform if the duration of the delay is not substantial, or if the delay or failure is due to causes beyond Eco Galleria’s reasonable control as set out in clause 8. Please note that Eco Galleria’s entire liability to the Buyer is capped at the limits set out in clause 5.7 above.
7. DAMAGE, SHORTAGE OR LOSS IN TRANSIT
Unless the Contract otherwise stipulates, the risk in the Goods passes to the Buyer when proof of delivery can be provided by Eco Galleria’s nominated carrier.
8. FORCE MAJEURE
In accordance with clause 6.2, Eco Galleria shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of, of any failure to perform or any delays in performance of, any of Eco Galleria’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Eco Galleria’s reasonable control.
9. INTELLECTUAL PROPERTY
9.1 All the intellectual property rights in the Goods are and shall remain the property of Eco Galleria and its licensors. For the avoidance of doubt, at no time shall any rights, title or interest in these intellectual property rights pass to the Buyer.
9.2 Eco Galleria permits the Buyer to electronically copy and print in hard copy specific portions of the Web Site for the sole purpose of placing an order with Eco Galleria or using the Web Site as a shopping resource. Any other use, including linking to other websites, of the contents of the Web Site by the Buyer is strictly prohibited by Eco Galleria.
10.1 Eco Galleria shall be entitled to assign its rights under the Contract or transfer its rights and/or obligations (provided that this shall not reduce any guarantees available to the Buyer in which case the Buyer’s consent shall be sought) and subcontract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
10.2 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission or email. Unless expressly stated otherwise in these conditions, any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission or email, at the time of receipt of confirmation of correct transmission by the sender.
10.3 The invalidity, illegality or unenforceability of any provision of these conditions in any jurisdiction shall not affect the enforceability of the remainder of the other conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
10.4 No variation of these conditions shall be binding unless agreed between the authorized representatives of Eco Galleria and the Buyer and has been confirmed in writing by these individuals.
10.5 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
10.6 The Contract shall be governed by and construed in all respects in accordance with US law and the parties hereby submit to the exclusive jurisdiction of the US courts. The Web Site is designed to comply with US law.
10.7 The Contract and these conditions constitute the entire agreement and understanding between the parties in respect of the subject matter of these conditions and the Buyer acknowledges that it has entered into the Contract in reliance only upon the representations (save for fraudulent misrepresentations), warranties and premises specifically incorporated in the Contract and the conditions.
10.8 The failure of either party to enforce or to exercise at any time any term of or right arising pursuant to these conditions shall not be construed as a waiver of such term or right and shall not affect either party’s right later to enforce or exercise it. Any express waiver of any breach of those conditions shall not be deemed to be a waiver of any subsequent breach.
Eco Galleria terms and conditions
Version #1/November 2008