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Terms & Conditions

TERMS AND CONDITIONS – SALE OF GOODS

BACKGROUND
These Terms and Conditions explain the basis under which the Seller wishes to sell and the
Buyer wishes to buy the Goods for the price described at clause 4.
The Buyer should read these Terms and Conditions very carefully to make sure that they
understand what is agreed.

1 DEFINITIONS
In these Terms and Conditions, the following words and phrases have the following
meanings:
‘Buyer’ the person or company purchasing the Goods
‘Commercial Unit’ a unit of Goods which cannot be divided without
reducing its overall value or damaging the character
of the unit
‘Confirmation of Acceptance’ the Seller’s confirmation that the Buyer’s order has
been accepted and a binding agreement has been
formed for the supply of Goods
‘Goods’ the items that the Buyer is purchasing
‘the Parties’ the Buyer and the Seller
‘Party’ either one of the Buyer or the Seller
‘Seller’ the person or company selling the Goods
‘Terms and Conditions’ this document detailing the rights and responsibilities
of the Parties

2 GOODS

2.1 The Seller is under a legal duty to supply Goods which are:

2.1.1 of satisfactory quality;

2.1.2 fit for purpose; and

2.1.3 as described by the Seller.

3 ORDERING

3.1 By ordering the Goods from the Seller, the Buyer makes an offer to buy the Goods for the price
given by the Seller. There is no binding contract between the Parties at the time when the order
is made.

3.2 The Seller will contact the Buyer by email to tell the Buyer when the Goods have been
dispatched. This Confirmation of Acceptance is the Seller’s acceptance of the Buyer’s order.
When the Confirmation of Acceptance is received there will be a binding contract between the
Parties in accordance with these Terms and Conditions. The binding contract will only be for
the Goods that are included in the Confirmation of Acceptance. It may not cover all the Goods
the Buyer ordered, for example if stock is unavailable.

4 PRICE AND PAYMENT

4.1 Occasionally, the Seller’s prices may change between the date of the order and the date of the
Seller’s Confirmation of Acceptance. Reasons for a price change include, but are not limited to,
a change in the amount that the Seller is charged by their supplier(s) or a change in the VAT
rate. What happens when the price changes depends on whether the new price is lower or
higher than the price originally given:

4.1.1 if the new price is lower than that originally given, the Seller will charge the lower price
and dispatch the Goods;

4.1.2 if the new price is higher than that originally given, the Seller will either cancel the order
or contact the Buyer to confirm whether they would prefer to cancel or pay the higher
price for the Goods.

4.2 Without prejudice to any other legal right or remedy:

4.2.1 if any agreed payment is not received by the Seller by the due date, the Seller can
charge interest on the outstanding sum or sums. Interest will be charged at 0% per
annum above the Bank of England base rate, accruing daily from the due date until
payment is made;

4.2.2 if the amounts not paid to the Seller when due total 10% or more of the total value of
the Goods, the Seller is entitled to suspend performance until such time as the
outstanding payments are made; and

4.2.3 the Buyer will not refuse to pay any amount which is owed to the Seller where there is
only a minor or inconsequential defect in the Goods.

5 DELIVERY

5.1 The Seller will arrange for the Goods to be delivered to the Buyer. Delivery will be attempted to
the address given by the Buyer for the purpose.

5.2 Dates or times for the delivery of the Goods given by the Seller are estimates and cannot be
relied on as definitive. The Goods will be delivered within an estimated 7 from the date of the
Seller’s Confirmation of Acceptance. Delivery for the purposes of this clause includes attempted
delivery at the delivery address given by the Buyer.

5.3 If the Buyer or anyone nominated by the Buyer to take delivery of the Goods fails to take delivery
when it is attempted, the Seller may charge the Buyer any costs incurred for storage and
redelivery as a result.

5.4 The Goods may be delivered directly from the manufacturer or the Seller’s supplier and may
be delivered in instalments.

5.5 The Seller only delivers to the mainland United Kingdom.

6 PASSING OF RISK AND OWNERSHIP

6.1 The Goods will be at the Seller’s risk until delivered either to the Buyer or otherwise at the
Buyer’s direction.

6.2 The ownership of the Goods shall not pass to the Buyer until the Seller has sent the
Confirmation of Acceptance to the Buyer and has received payment in full, regardless of
whether the Goods have been delivered to the Buyer at that date.

7 RIGHT TO CANCEL

7.1 The Buyer has the right to cancel within 14 days without giving any reason.

7.2 The cancellation period will expire after 14 days from:

7.2.1 if the Goods are to be delivered all together, the day that the Buyer, or someone else
nominated by the Buyer (other than the delivery agent), gets physical possession of
the Goods;

7.2.2 if the Buyer has ordered multiple Goods or Goods consisting of multiple lots or pieces
to be delivered on different days, the day that the Buyer, or someone else nominated
by the Buyer (other than the delivery agent), gets physical possession of the last of the
Goods; or

7.2.3 if there is to be regular delivery of Goods during a defined period of time, the day that
the Buyer, or someone else nominated by the Buyer (other than the delivery agent),
gets physical possession of the first delivery.

7.3 To exercise the right to cancel, the Buyer must inform the Seller, using the contact details
provided below, of the decision to cancel by a clear statement (eg a letter or email). The Buyer
can use the model cancellation form provided at the end of these Terms and Conditions, but it
is not obligatory.

7.4 The Buyer can also electronically fill in and submit the model cancellation form or any other
clear statement on our website https://www.dramatically.com/contact. If the Buyer uses this
option, the Seller will send an acknowledgement of receipt of such a cancellation in writing (eg
by email) without delay.

7.5 To meet the cancellation deadline, it is enough for the Buyer to send a notice under this clause
before the cancellation period has expired.

7.6 The Buyer will not be able to cancel this contract as described in this clause if the price payable
is £42 or less, or it relates to the supply of:

7.6.1 Goods (other than the supply of water, gas, electricity or district heating) where the
price is dependent on fluctuations in the financial market which cannot be controlled
by the Seller and which may occur within the cancellation period described above;

7.6.2 Goods relating to urgent repairs or maintenance where the Buyer has specifically
requested a visit from the Seller for that purpose;

7.6.3 sealed Goods which are not suitable for return due to health protection or hygiene
reasons, if they become unsealed after delivery;

7.6.4 sealed audio or sealed video recordings or sealed computer software, if they become
unsealed after delivery;

7.6.5 Goods which become inseparably mixed with other items after delivery;

7.6.6 Goods that are made to the Buyer’s specifications or are clearly personalised;

7.6.7 Goods which are liable to deteriorate or expire rapidly;

7.6.8 newspapers, periodicals or magazines (with the exception of subscription contracts for
the supply of such publications);

7.6.9 alcoholic beverages where their price has been agreed at the time of the conclusion of
the contract, and their delivery can only take place after 30 days, and their value is
dependent on fluctuations in the market which cannot be controlled by the Seller;

7.6.10 medicinal products by administration or under a prescription or directions given by a
prescriber;

7.6.11 Goods under arrangements for the supply of services as part of the health service,
where the product is one that, in some circumstances, is available free or on
prescription; or

7.6.12 foodstuffs, beverages or similar which are supplied by the Seller on frequent and
regular rounds to the Buyer’s home, residence or workplace.

8 EFFECTS OF CANCELLATION

8.1 If the Buyer cancels under these Terms and Conditions, the Seller will reimburse any payments
received from the Buyer, including the costs of delivery (except for the supplementary costs
arising if the Buyer chose a type of delivery other than the least expensive type of standard
delivery offered by the Seller).

8.2 The Seller may make a deduction from the reimbursement for loss in value of any Goods
supplied, if the loss is the result of unnecessary handling by the Buyer.

8.3 The Seller will make the reimbursement without undue delay, and not later than:

8.3.1 14 days after the day the Seller receives back from the Buyer any Goods supplied; or

8.3.2 (if earlier) 14 days after the day the Buyer provides evidence that the Seller has
returned the Goods; or

8.3.3 If there were no Goods supplied, 14 days after the day on which the Seller is informed
about the Buyer’s decision to cancel.

8.4 The Seller will make the reimbursement using the same means of payment as the Buyer used
for the initial transaction, unless the Buyer has expressly agreed otherwise; in any event, the
Buyer will not incur any fees as a result of the reimbursement.

8.5 The Seller may withhold reimbursement until they have received the Goods back or the Buyer
has supplied evidence of having sent back the Goods, whichever is the earliest.

8.6 If the Buyer has already received some or all of the Goods at the date of cancellation the Buyer
will send back the Goods or hand them over to the Seller using the contact details below,
without undue delay and in any event not later than 14 days from the day on which the Buyer
communicated their cancellation to the Seller. The deadline is met if the Buyer sends back the
Goods before the period of 14 days has expired.

8.7 The Buyer will have to bear the direct cost of returning the Goods.

8.8 The Buyer will be liable for any reduction in the value of the Goods resulting from handling the
Goods, other than handling which is necessary to establish the nature, characteristics and
functioning of the Goods.

9 RETURNS

9.1 If the Goods are not of satisfactory quality, are unfit for purpose or are not as described by the
Seller, the Buyer has a right to reject the Goods and claim a full refund. Alternatively, the Buyer
can request that the Seller either repairs or replaces the Goods in these circumstances. If the
Buyer wishes to exercise any of these rights, they must do so in writing using the contact details
below.

9.2 If the Buyer exercises the right to reject under this clause within 30 days after the Goods are
delivered to the Buyer, the Seller will arrange to collect the Goods from the Buyer or ask the
Buyer to return the Goods at the Seller’s expense; and either:

9.2.1 refund the Buyer the full amount paid if requested; or

9.2.2 repair or replace the Goods if requested. If it is disproportionate in the circumstances
for the Seller to repair the Goods, they can choose to replace them instead. Equally, if
it is disproportionate in the circumstances for the Seller to replace the Goods, they may
choose to repair them.

9.3 If the Goods have been repaired or replaced under this clause and the repair or replacement
still does not meet the required standard, the Buyer is entitled to a full refund provided that they
request one from the Seller using the contact details below, within whichever is the later of:

9.3.1 7 days of receipt of the repair or replacement of the Goods; or

9.3.2 if still within the 30-day period from the delivery of the original Goods, whatever time is
left on that, extended by the number of days that the Buyer has had to wait to receive
the repair or replacement of the Goods after notifying the Seller.

9.4 If the Buyer exercises their right to reject under this clause more than 30 days but less than 6
months after the delivery of the Goods to the Buyer, the Seller can choose whether to repair
the Goods, replace them, or give a refund in exchange for their return, provided the Seller’s
choice can be carried out within a reasonable time and does not cause significant
inconvenience to the Buyer. If the Seller opts to repair or replace and the repair or replacement
still does not meet the required standard, the Buyer is entitled to a full refund or, if they wish to
keep the Goods, a price reduction that takes the problems into account provided that they
request one from the Seller using the contact details below.

9.5 The Buyer is not entitled to only reject part of the Goods if the Goods form a Commercial Unit.
In these circumstances the Buyer must reject all or none of the Goods.

9.6 Any refund payable under this clause will be paid within 14 days of the Seller agreeing that the
Buyer is entitled to a refund. The Seller may not be able to tell whether the Buyer is entitled to
a refund until they have received the returned Goods and has had an opportunity to examine
them.

9.7 The Buyer cannot rely on any problem with the Goods as a reason for returning them if, before
agreeing to buy them, the Buyer was expressly informed of the problem or inspected a sample
of the Goods from which the problem was obvious.

9.8 If the Goods are perishable, they cannot be returned after the date by which they can
reasonably be expected to perish.

9.9 Nothing in this clause prevents the Buyer from seeking other remedies to which they are entitled
by law.

10 LIABILITY AND INDEMNITY

10.1 Nothing in these Terms and Conditions seeks to limit the liability of the Seller for fraudulent acts
or omissions, death or personal injury caused in connection with this sale of Goods, whether
arising in contract, negligence, tort, breach of statutory duty or otherwise.

10.2 Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory
duty or otherwise for any loss or damage sustained by the other Party indirectly or
consequentially and including but not limited to economic loss or loss of profits, goodwill or
business in general.

10.3 Subject to the rest of this clause, the Seller’s total liability to the Buyer will not, in any
circumstances, exceed the total amount of the price payable by the Buyer.

10.4 In the event that the Buyer or their servants or agents breach these Terms and Conditions, or
are negligent in their actions, the Buyer will, to the fullest extent permitted by law, indemnify the
Seller against any liability, loss, claim, damage, expense suffered by the Seller as a result.

11 AMENDMENT AND TRANSFER OF RIGHTS

11.1 These Terms and Conditions can only be amended by the agreement of the Parties in writing
with signatures on behalf of both.

11.2 The Seller is permitted to assign or transfer any rights or obligations under these Terms and
Conditions, or subcontract the same for performance to a third party. The Buyer is not permitted
to assign or transfer any rights or obligations under these Terms and Conditions without the
prior written permission of the Seller.

12 SEVERANCE

12.1 If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise
unenforceable, they will be severed from the remainder. The Terms and Conditions which are
left will remain valid and enforceable.

13 THIRD PARTIES

13.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and
Conditions are not intended to and do not confer any rights on any person who is not a Party.
Any person who is not a Party does not have the right to enforce any provision of these Terms
and Conditions.

14 CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES

14.1 Neither Party shall be liable for any delay or failure to do anything under these terms and
conditions due to circumstances beyond the reasonable control of that Party. Such
circumstances include – but are not limited to – industrial action, lock out, trade dispute, power
failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably
possible after the discovery of such circumstances, the affected Party must notify the other
Party in writing of any anticipated or existing delay or failure in performance.

14.2 If the circumstances referred to in this clause continue for a period of longer than 30 days, either
Party can end the contract by giving 14 days’ notice in writing to the other. All money owing
under these Terms and Conditions before the circumstances arose shall be paid immediately.

15 ENTIRE AGREEMENT

15.1 These Terms and Conditions and the Confirmation of Acceptance taken together are the entire
agreement between the Seller and the Buyer and supersede any and all prior terms, conditions,
warranties or representations to the fullest extent permitted by law.

16 WAIVER

16.1 Any failure or delay by the Seller in using rights or powers provided by these Terms and
Conditions shall not constitute a waiver of the whole or any part of these Terms and Conditions.
The partial or sole use of any rights or powers provided by these Terms and Conditions shall
not prevent any additional use of the same rights or powers. The rights, powers and remedies
in these Terms and Conditions are additional to the rights of the Parties provided by law.

17 GOVERNING LAW AND JURISDICTION

17.1 These Terms and Conditions shall be governed by and construed in accordance with English
law and the courts of England and Wales will have exclusive jurisdiction in relation to them.

18 COMPLAINTS

18.1 In the event of a complaint of any nature the Seller can be contacted using the details below.
To access the Seller's complaints policy: [add description here].

19 CONTACT DETAILS

19.1 The Seller is Dramatic-Ally of 32 Bankhead Terrace, Lanark, ML11 9BU and can be contacted
at 07842991153 or ally@dramatic-ally.com. In circumstances where the Buyer is required to
contact the Seller in writing, they can email them at ally@dramatic-ally.com.

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