Terms and Conditions

unfortunately it's time for the boring bit....

1.  prices, descriptions & measurements

• All prices are quoted in pounds sterling net of VAT.  Prices are subject to change from time to time. We will endeavour
  to inform you of any changes.
• All sizes are approximate and in centimetres, slight variations in size and colour may occur due to the handmade nature
  of our products
• Heaven Sends Ltd products are for DECORATIVE USE ONLY AND ARE STRICTLY NOT TOYS. DUE TO THE RISK OF
  CHOKING FROM SMALL PARTS THESE ITEMS ARE NOT SUITABLE FOR CHILDREN UNDER 36 MONTHS.   


2.  orders

• The Customer must sign all orders.
• Heaven Sends Ltd reserves the right at our discretion to refuse to supply Goods.
• Heaven Sends Ltd shall arrange for carriage of Goods to the Customer’s address. The risk in the Goods shall pass
  to the Customer upon such delivery taking place. The Customer must ensure that qualified personnel are in attendance to accept delivery.
• Heaven Sends Ltd reserve the right to reclaim the costs of storage and/or redelivery and/or other related costs where the
  customer fails to accept delivery of Goods.
• Heaven Sends Ltd reserves the right to cancel or to make part delivery on orders without prior notice unless otherwise
  instructed in writing at the time the order is placed.  Heaven Sends Ltd will notify cancellation of orders in writing. (Heaven
  Sends Ltd shall not be liable for any loss of damage whatever arising from such cancellation.)
• Orders cannot be cancelled by Customers without the approval of Heaven Sends Ltd and must always be in writing.
• All items must be ordered in multiples of the minimum listed per product code.

• Deliveries during the Christmas period

Heaven Sends last day of delivery in 2011 will be on 19^thDecember.

There will be no deliveries made between 19/12/11- 07/01/11

3.  carriage  

• Carriage charge is applicable on all orders that fall below the carriage paid order value.
• When split deliveries are requested carriage will be charged on each consignment if the value falls below the carriage paid value.
• Should goods require ‘booking in’ the customer must inform Heaven Sends Ltd at the time the order is placed otherwise
  there is a charge for this service.  
  

 outside uk
All customers outside the areas detailed above  are to arrange their own shipping and carriage unless prior arrangement with
Heaven Sends Ltd has been made.

4.  payment

• Normal Credit Terms are strictly 30 days from date of invoice unless otherwise agreed in writing with Heaven Sends Ltd.
• Payment is required on a Pro-forma basis for all new Customers and will continue on this basis until receipt of a fully
  completed original account application form and satisfactory trade references have been obtained.
• Heaven Sends Ltd reserve the right to pro-forma new and existing Customers if Customers do not settle their accounts in
  accordance with these Terms and
• Conditions of Trade.  All payment to be made in £ sterling or Euros where applicable.
• Heaven Sends Ltd reserves the right to charge interest at the rate of 2% over base rate per month or pro-rata for part month
  for any period during which an account is overdue and to issue proceedings for recovery of any debt together with
  administrative charges, interest (before as well as after judgement) and legal costs without further communication to Customers.
• The customer shall inspect the Goods on delivery and shall, within 48hrs of delivery by post, fax or email notify Heaven Sends Ltd
  of any alleged defect,


5.  overdue accounts

• Heaven Sends Ltd reserves the right to charge interest at the rate of 2% over base rate per month or pro-rata for part month for any period during which an account is overdue and to issue proceedings for recovery of any debt together with administrative charges, interest (before as well as after judgement) and legal costs without further communication to customers.

6.  damages/shortages

• shortage in quantity, damage or failure to comply with the description or sample. The customer will afford Heaven Sends Ltd an
  opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If the Customer
  fails to comply with these provisions, the goods will be conclusively presumed to be in accordance with the contract and free from
  any defect or damage which would be apparent on a reasonable examination of the goods and the customer shall be deemed to
  have accepted the goods.
• If the Goods are not in accordance with the contract for any reason, the Customer’s sole remedy shall be limited to Heaven Sends Ltd
  making good any shortage by replacing such goods by adding the items to any outstanding or back order, subject to availability or,
  if  Heaven Sends Ltd should elect, by issuing a credit note against the invoice. Credit notes will not be issued if payment terms have not
  been complied with.
• Goods should not be returned to Heaven Sends Ltd without prior agreement.  All agreed returns should be packed correctly and
  returned to Heaven Sends Ltd detailing the returns with a Heaven Sends’ returns number. Only Goods in their original packaging will
  be credited. Proof of posting cannot be accepted as proof of items being received.   
• All agreed returns that are to be uplifted must be packed correctly and returned to Heaven Sends Ltd along with an authorised
  Heaven Sends Ltd Sales Return note 
• Heaven Sends Ltd shall be under no liability whatever to the Customer for any direct loss and/or expense (including loss of profit)
  suffered by the Customer arising out of a breach by Heaven Sends Ltd of this contract.
• The goods will be at the Customer’s risk as from delivery to the address given at the time of ordering, except in the case of deliveries
  to addresses outside the UK where the risk passes to the customer immediately upon delivery to the appointed carrier.
• Even if delivery has been made, property in the goods will not pass from Heaven Sends Ltd until the Customer has paid i.e. that the funds
  have cleared into Heaven Sends bank account the price (including VAT) in full and that no other sums of any kind are owed by the Customer
  to Heaven Sends Ltd.

7.  risk

• The goods will be at the Customer’s risk as from delivery to the address given at the time of ordering, except in the case of deliveries to addresses outside the UK where the risk passes to the customer immediately upon delivery to the appointed carrier.

8.  title

• Until Property in the goods passes to the Customer as per the terms in previous paragraph, the Customer will hold them on a fiduciary
  basis as baillee for Heaven Sends Ltd. They should be identified and stored in such a way to be identifiable as being separate from other
  supplier’s Goods.
• Until property of the Goods has passed from Heaven Sends Ltd to the Customer, on request from Heaven Sends Ltd the Customer will make
  any goods not sold available for delivery to Heaven Sends Ltd. If the Customer does not do this, then Heaven Sends Ltd may enter the premises
  owned, occupied or controlled by the Customer where the Goods are and repossess the Goods.
• The customer is not entitled to pledge or use the Goods, which are the property of Heaven Sends Ltd as security for any indebtedness. Without
  prejudice to the rights of Heaven Sends Ltd, if the Customer does so then any monies owed by the Customer to Heaven Sends Ltd become
  immediately due and payable.
• The Customer will keep the Goods insured to the Full Price against all risk until the date that the property of the same passes from
  Heaven Sends Ltd to the Customer. Without prejudice the other rights of Heaven Sends Ltd, if the Customer does not do so then any
  monies owed by the Customer to Heaven Sends Ltd become immediately due and payable.

 9.  liability

• Heaven Sends Ltd will not be liable for any indirect or consequential loss whatsoever arising from, or in connection with, the supply of defective
  Goods, delay in delivery, non-delivery, loss or damage to Goods in transit to the property of the purchaser, or any third party.


Notes

• These Terms & Conditions are effective as of 01/07/10. They supersede all other previously published. These conditions will take
  precedence over any conditions, which may appear in the Customer’s purchase order and we shall not be bound by the Customer’s
  terms and conditions unless expressly agreed by us in writing.

Website usage terms and conditions

Welcome to our 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, which together with our privacy policy govern [business name]’s relationship with you in relation to this website. If you disagree
with any part of these terms and conditions, please do not use our website.

• The term Heaven Sends or ‘us’ or ‘we’ refers to the owner of the website whose registered office is:
   
  Heaven Sends Ltd
  One Maybrook Business Park
  Maybrook Road
  Minworth
  West Midlands
  B76 1AL
• Our company registration number is 04684442
• The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• 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.
• Unauthorized 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.