Terms and Conditions
1. Introduction
1.1 These Terms and Conditions (hereinafter referred to as "Terms") govern the sale of goods ("Goods") by Novestrum Ltd ("Company") under its brand Popcorn Paws to business customers ("Customer").
1.2 By placing an order with the Company, the Customer agrees to be bound by these Terms.
1.3 These Terms shall prevail over any other terms or conditions that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
2. Orders and Acceptance
2.1 All orders placed by the Customer are subject to acceptance by the Company.
2.2 The Company reserves the right to accept or reject any order at its sole discretion.
2.3 An order shall be deemed accepted when the Company issues a written acceptance or commences performance of the order.
3. Prices
3.1 All prices are exclusive of VAT and other applicable taxes which shall be charged in addition at the prevailing rate.
3.2 The Company reserves the right to change prices at any time without prior notice.
3.3 Any quotations provided by the Company shall be valid for a period of 30 days from the date of issue unless otherwise stated.
4. Payment Terms
4.1 Payment for Goods shall be made within 30 days from the date of the invoice.
4.2 Payment shall be made in full without any deduction or set-off.
4.3 If the Customer fails to make any payment on the due date, the Company may charge interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time, from the due date until the date of actual payment.
5. Delivery
5.1 The Company shall use reasonable efforts to deliver the Goods by the agreed delivery date, but delivery times are estimates only and time shall not be of the essence.
5.2 The Company shall not be liable for any delay in delivery caused by events beyond its reasonable control.
5.3 Risk in the Goods shall pass to the Customer upon delivery.
5.4 Title to the Goods shall remain with the Company until full payment of all sums due in respect of the Goods.
6. Inspection and Acceptance
6.1 The Customer shall inspect the Goods upon delivery and notify the Company of any defects or non-conformity within 5 days.
6.2 If the Customer fails to notify the Company within this period, the Goods shall be deemed accepted.
7. Returns and Refunds
7.1 Returns shall only be accepted if the Goods are defective or do not conform to the order.
7.2 The Company shall, at its option, repair or replace the defective Goods or issue a refund for the price of the Goods.
7.3 The Company shall not be liable for any defects arising from fair wear and tear, willful damage, negligence, or improper use or storage.
8. Limitation of Liability
8.1 The Company's liability under these Terms shall be limited to the price of the Goods.
8.2 The Company shall not be liable for any indirect, consequential, or special losses, including but not limited to loss of profit, loss of business, or loss of goodwill.
8.3 Nothing in these Terms shall limit or exclude the Company's liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded or limited by law.
9. Force Majeure
9.1 The Company shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to natural disasters, strikes, lockouts, or other industrial disputes, war, terrorist acts, or governmental actions.
10. Intellectual Property
10.1 All intellectual property rights in the Goods, including but not limited to patents, trademarks, and copyrights, shall remain the property of the Company.
10.2 The Customer shall not use, reproduce, or modify any intellectual property belonging to the Company without the Company's prior written consent.
11. Confidentiality
11.1 The Customer shall keep all confidential information disclosed by the Company confidential and shall not use or disclose such information without the Company's prior written consent.
12. Governing Law and Jurisdiction
12.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
12.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Terms.
13. General
13.1 No waiver by the Company of any breach of these Terms by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
13.3 These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, or arrangements between them, whether oral or written.
13.4 The Customer shall not assign or transfer any of its rights or obligations under these Terms without the prior written consent of the Company.
Contact Us
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at: Novestrum Ltd. enquiries@novestrum.co.uk