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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
Format of the Contract.
These terms of sale apply to all items supplied by Beating Hearts sas.
No contract exists between you and Beating Hearts sas for the sale of any items until Beating Hearts sas has received and accepted your order and Beating Hearts sas has received payment in full (in cleared funds). Once Beating Hearts sas does so, there is a binding legal contract between us.
By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the items will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
The contract is subject to your right of cancellation (see below).
Beating Hearts sas may change these terms of sale without notice to you in relation to future sales, without prior notification.
Description and price of the items.
The description and price of the items you order will be as shown on Beating Hearts sas website at the time you place your order.
The items are subject to availability. If on receipt of your order the items you have ordered are not available in stock, Beating Hearts sas will inform you as soon as possible and refund or re-credit you for any sum that have been paid by you or debited from your credit card for the items.
Every effort is made to ensure that prices shown on Beating Hearts sas website are accurate at the time you place your order. If an error is found, Beating Hearts sas will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If Beating Hearts sas does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, Beating Hearts sas will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the items.
In addition to the price, you may be required to pay a delivery charge for the items.
Payment.
Payment for the items and delivery charges can be made by any method shown on Beating Hearts sas website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
There will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Beating Hearts sas to you.
Risk/Title.
The items are at your risk from the time of delivery
Ownership of the items shall not pass to you until Beating Hearts sas has received in full (in cash or cleared funds) all sums due to it in respect of the items, and all other sums which are or which become due to Beating Hearts sas from you on any account.
Beating Hearts sas shall be entitled to recover payment for the items notwithstanding that ownership of any of the items has not passed from Beating Hearts sas.
Title for Business Customers
If you are a business customer until ownership of the items has passed to you, you must:
Store the items (at no cost to Beating Hearts sas) separately from all your other items and items of any third party in such a way that they remain readily identifiable as Beating Hearts sas property;
Not destroy, deface or obscure any identifying mark or packaging on or relating to the items; maintain the items in satisfactory condition and keep them insured on Beating Hearts sas behalf for their full price against all risks to the reasonable satisfaction of Beating Hearts sas. On request you shall produce the policy of insurance to Beating Hearts sas; and condition and keep them insured on Beating Hearts sas behalf for their full price against all risks to the reasonable satisfaction of Beating Hearts sas. On request you shall produce the policy of insurance to Beating Hearts sas; and
Hold the proceeds of the insurance referred to in condition 6.1.2 on trust for Beating Hearts sas and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
If you are a business customer your right to possession of the items shall terminate immediately if:
You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Limitation of Liability
PBeating Hearts sas total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the items.
Nothing in these conditions excludes or limits the liability of Beating Hearts sas for death or personal injury caused by Beating Hearts sas negligence or fraudulent misrepresentation.
If you are a business customer Beating Hearts sas shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Data Protection
Beating Hearts sas will take all reasonable precautions to keep the details of your order and payment secure but unless Beating Hearts sas is negligent, Beating Hearts sas will not be liable for unauthorized access to information supplied by you.
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