Terms & Conditions
This site is owned by Auguste Noel Limited and registered in England, Registration No. 0525 5620, with registered address 335 CITY ROAD, LONDON, EC1V 1LJ, and email address sales@augustenoel.co.uk.
Any purchase of goods from www.augustenoel.co.uk requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
Purpose
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by Auguste Noel Limited for the customer.
Order Confirmation
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Payment
Unless otherwise agreed with Auguste Noel Limited, your account will be 'pro-forma' or 'cash on delivery'. This means that payment must be made before goods are despatched, or if agreed with Auguste Noel Limited, on receipt of goods. Payment can be made to Auguste Noel Limited by credit card*, debit card, electronic bank transfer or company cheque made payable to Auguste Noel Limited prior to despatch, or receipt of goods if previously agreed.
*credit card payments are subject to a 2% surcharge.
Bank transfers can be made to:
Account Name: Auguste Noel Limited
Sort Code: 30 - 15 - 99
Account Number: 00367701
BIC: LOYDGB21021
IBAN: GB39 LOYD 3015 9900 3677 01
BANK: Lloyds Bank PLC
Please quote your unique account number (detailed on invoices from Auguste Noel Limited) as a reference on your remittance/payment, so that Auguste Noel Limited can allocate it correctly to your account.
Value Added Tax
VAT is charged at the prevailing rate to all products marked T1+ in our catalogue. The prices on our website are ex VAT and the relevant VAT amount will be charged on checkout.
Late Payment Fees
Auguste Noel Limited reserves the right to collect from the customer all legal and incidental costs of recovery should payment not be made by the due date of the customers agreed payment terms.
Under current late payment legislation debt recovery costs will be added to the debt and recovered from the debtor. Auguste Noel limited will claim interest at a rate of 8% over Bank of England base rate. Plus additional fees will be added to the total debt by the debt recovery company (subject to their terms and conditions - available to view upon request).
Proof of Transaction
The records stored in Auguste Noel Limited's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Product Information
Every effort has been made to ensure the accuracy of the information presented on www.augustenoel.co.uk. Auguste Noel Limited or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where Auguste Noel Limited was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Delivery Terms
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify our delivery driver or the third party carrier of even the slightest trace of damage (holes, signs of crushing, etc.) to the goods, and refuse the delivery in part or whole if necessary. A new, identical product/order will then be sent to the customer at no additional charge.
No exchanges or claims can be made later than 72 hours from receipt of delivery.
Auguste Noel Limited reserves the right to ask for photographic evidence in order to uphold any claims relating to damages or theft of goods.
As with any shipment, a delay or loss of goods is possible. In such a case, Auguste Noel Limited or the third party carrier shall start an investigation. Every effort is made, for as long as necessary, to find the goods/delivery in question. If the goods/delivery is not found, we will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
Auguste Noel Limited will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to Auguste Noel Limited within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by Auguste Noel Limited or its representatives on request.
Delivery Errors
The customer must inform Auguste Noel Limited immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to Auguste Noel Limited, Unit B7 Medway Valley Park, Saxon Place, Rochester, Kent ME2 2NW.
Any claim that does not respect the rules defined above cannot be taken into account and releases Auguste Noel Limited of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to Auguste Noel Limited in whole, in its original packaging and in perfect condition to Auguste Noel Limited, Unit B7 Medway Valley Park, Saxon Place, Rochester, Kent ME2 2NW.
For claims to be accepted, the customer must first make a declaration to Auguste Noel Limited concerning any returns and receive Auguste Noel Limited consent. If accepted, the customer will ship the package to Auguste Noel Limited, Unit B7 Medway Valley Park, Saxon Place, Rochester, Kent ME2 2NW.
Shipping fees shall be at Auguste Noel Limited expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
Warranty
The provisions hereof cannot deprive the customer of their right to legal warranty requiring Auguste Noel Limited to protect the customer against latent defects of goods sold.
The customer is expressly informed that Auguste Noel Limited is not the manufacturer of the goods presented on www.augustenoel.co.uk and that Auguste Noel Limited shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with Auguste Noel Limited accounts department, please email accounts@augustenoel.co.uk. All goods must be returned to Auguste Noel Limited, Unit B7 Medway Valley Park, Saxon Place, Rochester, Kent ME2 2NW.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, or any special pre-order lines.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, Auguste Noel Limited will make every effort to refund the customer within 30 days.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
Partial Invalidity
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Non-Waiver
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
Data Protection
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Title
All products sold on www.augustenoel.co.uk remain the property of Auguste Noel Limited until full payment has been received. Auguste Noel Limited reserves the right to remove any goods that have not been paid for in full.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on www.augustenoel.co.uk strictly imply the acceptance of Auguste Noel Limited's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with Auguste Noel Limited before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.