Terms & Conditions
"Buyer" means the individual or company who buys or agrees to buy the Goods from the Seller
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
"Goods" means the articles that the Buyer agrees to buy from the Seller
"Seller" means Occasion Cases, 1 Marsden Close, Chorley, Lancashire, PR7 5RD UK
"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
4. Price and Payment
The Price of the Goods shall be that stipulated on the Seller's Website. The total price and delivery charges will be displayed in the Buyer's shopping basket prior to confirming the order. After the order is received the Seller shall confirm by email the details, description and price for the Goods. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order. Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
5. Rights of Seller
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. No conditions or warranty is given or implied as to the life or wear of the goods or whether they will be suitable for any particular purpose or use. The Sellers goods should only be used in the manner and for the purpose for which they were intended.
Goods supplied within the UK will normally be delivered within two to five working days of receipt of order. (pending availability)Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Any shortages or defects must be advised within 3 days of receipt either by e-mail or telephone. The Seller shall not be responsible for any consequential loss or charge other than of replacing the defective unused goods.
Delivery is Free on all orders (mainland UK only)
For orders outside mainland UK please contact us for a delivery price
Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. The goods must be returned to us in their original condition and packaging within 14 days from the date of receipt. Please contact us by e-mail or telephone and we will inform you how you should send the item back to us. Upon acceptance of the return the Seller shall refund the Buyer any monies within 7 working days.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (inc loss of profit), costs (inc labour and materials used), damages, charges and expenses incurred by the seller as a result of cancellation.
10. Limitation of Liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
The Buyer shall indemnify the Seller against any loss or damage suffered by the Buyer
as a result of any claims brought against the Seller by any third party for:
any loss, injury or damage caused by the goods or their use any loss, injury or damage in any way connected with this contract provided that this clause will not require the Buyer to indemnify the Seller against any liability for the Sellers own negligence.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. Changes to Terms and Conditions
The Seller shall be entitled to change these Terms and Conditions at any time.
15. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.