OUR CONDITIONS - FITZGERALD JONES ANTIQUES & COLLECTABLES

Welcome to our terms and CONDITIONS page.

Fitzgerald Jones, at its discretion, may change, modify, and/or remove these terms and conditions at anytime and it is therefore important to read them each time you place an order.

Please note that all the terms and conditions outlined in this page are created in accordance with Distance Selling Regulations and do not affect your statuary rights.

Please carefully read through all sections below. These terms may effect your purchase and deliveries.

1. Definitions

1.1. "Website" means the website located here or any subsequent URL that may replace it.

1.2. "Buyer" means the person and/or firm and/or company who buys or agrees to buy good(s) from the seller.

1.3. "Seller" means the Header name on the website and invoice received. In this case Fitzgerald Jones Antiques & Collectables.

1.4. “Good(s)” are the items purchased by the buyer via the website.

1.5. "Delivery Date" is the estimated date that the good(s) will be delivered to the buyer.

1.6. "Contract" refers to the legally binding agreement between the buyer and the seller for the sale and purchase of good(s) on the website.

1.7. “Content” means any text, photographs, pictures or design on the website.

1.8. “Party” or “Parties” refers to the parties in the contract. The parties for the contract are the buyer and the seller.

1.9. “Personal Information” refers to any sensitive data obtained from the buyer.

2. General Terms

2.1. To place an order on the website, the buyer must have reached at least 18 years of age.

2.2. The seller will treat each order for goods as an offer from the buyer to purchase the good(s) subject to these terms and conditions.

2.3. The formation, existence, construction, performance and validity of the contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.

2.4. The parties to this contract do not intend that any term of this contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.

2.5. If any provision of the contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable it shall to the extent of such illegality, invalidity, voidability, unenforceability, or unreasonable be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the contract is more or less the same.

2.6. Failure or delay by the seller in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the contract.

2.7. Any waiver by the seller of any breach of, or any default under, any provision of the contract by the buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.

2.8. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside their reasonable control, including but not limited to strikes, lock outs, weather, accidents, war, fire, reduction in or unavailability of power at the seller’s /supplier’s premises or its manufacturing plant, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

2.9. Provided that any event referred to in clause 2.8. continues for a period in excess of 50 working days, the buyer will be entitled to give notice in writing to terminate the Contract.

3.0 The contract’s content will be stored. You may store the general terms and conditions and readily look them up. For safety reasons your order information is not available via internet. We keep this information in confidence according to our privacy policy.

3. Damage To Your Computer

3.1. The seller will try to ensure that the website is free from viruses or defects. However, they cannot guarantee that use of the website, or any other websites accessible through it, will not cause damage to a computer. It is the buyer's responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on the seller's part, the seller will not be liable to any person for any damage or loss which may arise to computer equipment as a result of using this website.

4. Website Content

4.1. Any picture, photographs, text or content are the property of the seller and no part of it may be reproduced. You may not copy, reproduce, republish, upload, post, transmit, or distribute any form of content from the website without obtaining formal written permission from the seller. All trademarks, service marks and trade names are the property of the seller. Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.

5. Accuracy Of Content

5.1. The quantity and description of the products shall be set out in the seller's quotation.

5.2. The seller may make any changes in the specification of the products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the products are supplied to the seller's specification. The change of description of the products might appear in the case when dimensions or colour change.

5.3. Product photographs are for illustrative purposes only, and may not exactly match the product itself.

5.4. Each product purchased is sold subject to its product specification which sets out additional specific conditions related to that product including, without limitation, conditions concerning estimated delivery dates and times, after-sales service and guarantees. The seller will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the website. Although the seller aims to keep the website as up to date as possible, the information including product specifications appearing on this website at a particular time may not always reflect the position exactly at the moment the buyer places an order. The seller cannot guarantee the reliability or accuracy of the information contained within the website pages.

5.5. Any additional items or illustrations in a product image are used for visual purposes only. None of these additional items or illustrations will be included with any order unless otherwise stated.

5.6. Any dimensions, colours, weights and capacities given about the product(s) are only approximate.

5.7. The seller, at it's discretion, may change any product price to take account of any increase or the imposition of any taxes or duties, or if due to an error or omission the price published for the good(s) is wrong whether or not the order has been confirmed. The seller will inform the buyer of the correct price within 24 hours and give the buyer the opportunity to cancel the contract.

5.8. The seller, at it's discretion, may change the sale price of any listed special offer product at any given time without notice. When the buyer has placed an order for a special offer product, then the buyer will pay the price that is currently listed on the day that the order is processed by the seller.

14. Privacy & Cookies

Our privacy policy sets out how we will use your information and can be found at Data Protection. By using this website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date.

If you need any further information concerning any item of interest you are more than welcome to contact us for a full condition report on any of our stock.