Terms & Conditions

  1. Definitions 1.1. “Buyer” means the person, firm or company who buys or agrees to buy the Goods from Romantica. The Buyer cannot assign the benefit of each individual contract without Romantica’s consent in writing. 1.2. “Conditions” means the Terms and Conditions of sale set out in this document and any special Terms and Conditions agreed in writing by Romantica. 1.3. “Delivery date” means the date specified by Romantica when the Goods are to be delivered. 1.4. “Goods” means the articles which the Buyer agrees to buy from Romantica. 1.5. “Price” means the Price for the Goods excluding [packaging] and VAT. 1.6. “Romantica” means Romantica Of Devon Limited whose registered office is at Romantica House, Unit 2, Woodlands Business Park, Burlescombe, Devon, UK. EX16 7LL

  2. Conditions Applicable 2.1. These Conditions shall apply to all contracts for the sale of Goods by Romantica to the Buyer to the exclusion of all other Terms and Conditions including any Terms or Conditions which the Buyer may purport to apply under any purchase order confirmation or similar document. 2.2. All orders for the Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and without reliance on any other statement or representation made by any agent or employee of Romantica prior to the contract date. 2.3. Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions. 2.4. Any variation to these Conditions (including any special Terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by Romantica.

  3. Price and Payment 3.1. The Price shall be Romantica’s quoted Price. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of Romantica’s invoice. 3.2. Payment of the Price and VAT shall be due within 30 days of the invoice. Time for payment shall be of the essence. 3.3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above Barclays Bank PLC’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. 3.4. If the Buyer fails to make any payment on the due date then without prejudice to any of Romantica’s other rights Romantica may:- 3.4.1. suspend or cancel deliveries of any Goods due to the Buyer and/or appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as Romantica may in its sole discretion think fit. 3.5. The Price is subject to revision in the event of any increase or decrease in the cost incurred by Romantica between the date of confirmation of the order and the date of delivery to the Buyer. 3.6. Romantica will not be liable for the non-performance of the contract if events occur outside Romantica’s control (i.e. Acts of God, War, Strikes, Abnormal Weather Conditions, Earthquakes, Fire, Theft), although all reasonable care will be taken to alleviate the Buyers problems arising from the above.

  4. The Goods 4.1. As far as is reasonably practicable the quantity and description of the Goods shall be as set out in the Buyer’s order, but Romantica reserves the right to make such alterations in the design and finish of the Goods as may be reasonably necessary to facilitate delivery. 4.2. All claims and complaints must be made in writing within seven days of despatch of the Goods. After expiry of this period the Buyer shall be deemed to have accepted the Goods as being in conformity with the contract and Romantica shall cease to be under any liability. 4.3. Non standard Goods made specifically to the request of the Buyer are not returnable under any circumstances whatsoever. 4.4. Claims in respect of faulty Goods shall not be a ground for withholding payment of invoices and shall not give the Buyer the right to set off claims against payments due. 4.5. All implied Terms, Conditions and warranties relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded except where the Buyer is dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 Section 12.

  5. Delivery of the Goods. 5.1. Delivery of the Goods shall be made to the Buyer’s address on the Delivery date or as soon as reasonably practicable thereafter. 5.2. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are intended for delivery. 5.3. Romantica shall not be liable for any loss or damage whatever due to failure by Romantica to deliver the Goods (or any of them) promptly or at all. 5.4. Notwithstanding that Romantica may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that the delivery shall be tendered at any time within 2 months of the Delivery date. 5.5. The risk in the Goods shall pass to the Buyer upon delivery taking place.

  6. Acceptance 6.1. The Buyer shall be deemed to have accepted the Goods twenty four hours after delivery to the Buyer. 6.2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

  7. Title 7.1. In spite of delivery having been made full legal title in the Goods shall not pass from Romantica until: 7.1.1. the Buyer shall have paid the Price plus VAT in full; and 7.1.2. no other sums whatever shall be due from the Buyer to Romantica. 7.2. Until full legal title in the Goods passes to the Buyer the Buyer shall hold the Goods and each of them on behalf of Romantica, and shall keep the Goods clearly identified as Romantica’s property. 7.3. Prior to the passing of title the Buyer shall hold any proceeds of sale of the Goods on trust for Romantica so as such proceeds are separately identifiable. 7.4. Until such time as title in the Goods has passed Romantica reserves the right (without prejudice to any of its other rights) to recover or sell the Goods or any of them and may enter upon the Buyer’s premises by its servants or agents for that purpose. 7.5. The Buyer must insure all goods upon delivery not when they gain full legal title.

  8. Remedies of the Buyer 8.1. Where the Buyer rejects any Goods and Romantica accepts such rejection then the Buyer shall have no further rights whatever in respect of supply to the Buyer of such Goods or the failure by Romantica to supply the Goods which conform to the contract or sale. 8.2. When the Buyer accepts or has been deemed to have accepted any Goods then Romantica shall have no liability whatever to the Buyer in respect of those Goods. 8.3. In no circumstances shall Romantica be liable for any indirect or consequential loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by Romantica of this contract.

  9. Proper Law of Contract 9.1. The contract is subject to the law of England and Wales and all disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Court of England and Wales. Declaration:- I have read, understood and accept the above terms and conditions.

Signed Print Name

On behalf of (shop name) Date
GENERAL SALES CONDITIONS CUSTOMER COPY ROMANTICA OF DEVON LTD.

  1. Definitions 1.1. “Buyer” means the person, firm or company who buys or agrees to buy the Goods from Romantica. The Buyer cannot assign the benefit of each individual contract without Romantica’s consent in writing. 1.2. “Conditions” means the Terms and Conditions of sale set out in this document and any special Terms and Conditions agreed in writing by Romantica. 1.3. “Delivery date” means the date specified by Romantica when the Goods are to be delivered. 1.4. “Goods” means the articles which the Buyer agrees to buy from Romantica. 1.5. “Price” means the Price for the Goods excluding [packaging] and VAT. 1.6. “Romantica” means Romantica Of Devon Limited whose registered office is at Romantica House, Unit 2, Woodlands Business Park, Burlescombe, Devon, UK. EX16 7LL

  2. Conditions Applicable 2.1. These Conditions shall apply to all contracts for the sale of Goods by Romantica to the Buyer to the exclusion of all other Terms and Conditions including any Terms or Conditions which the Buyer may purport to apply under any purchase order confirmation or similar document. 2.2. All orders for the Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and without reliance on any other statement or representation made by any agent or employee of Romantica prior to the contract date. 2.3. Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions. 2.4. Any variation to these Conditions (including any special Terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by Romantica.

  3. Price and Payment 3.1. The Price shall be Romantica’s quoted Price. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of Romantica’s invoice. 3.2. Payment of the Price and VAT shall be due within 30 days of the invoice. Time for payment shall be of the essence. 3.3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above Barclays Bank PLC’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. 3.4. If the Buyer fails to make any payment on the due date then without prejudice to any of Romantica’s other rights Romantica may:- 3.4.1. suspend or cancel deliveries of any Goods due to the Buyer and/or appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as Romantica may in its sole discretion think fit. 3.5. The Price is subject to revision in the event of any increase or decrease in the cost incurred by Romantica between the date of confirmation of the order and the date of delivery to the Buyer. 3.6. Romantica will not be liable for the non-performance of the contract if events occur outside Romantica’s control (i.e. Acts of God, War, Strikes, Abnormal Weather Conditions, Earthquakes, Fire, Theft), although all reasonable care will be taken to alleviate the Buyers problems arising from the above.

  4. The Goods 4.1. As far as is reasonably practicable the quantity and description of the Goods shall be as set out in the Buyer’s order, but Romantica reserves the right to make such alterations in the design and finish of the Goods as may be reasonably necessary to facilitate delivery. 4.2. All claims and complaints must be made in writing within seven days of despatch of the Goods. After expiry of this period the Buyer shall be deemed to have accepted the Goods as being in conformity with the contract and Romantica shall cease to be under any liability. 4.3. Non standard Goods made specifically to the request of the Buyer are not returnable under any circumstances whatsoever. 4.4. Claims in respect of faulty Goods shall not be a ground for withholding payment of invoices and shall not give the Buyer the right to set off claims against payments due. 4.5. All implied Terms, Conditions and warranties relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded except where the Buyer is dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 Section 12.

  5. Delivery of the Goods. 5.1. Delivery of the Goods shall be made to the Buyer’s address on the Delivery date or as soon as reasonably practicable thereafter. 5.2. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are intended for delivery. 5.3. Romantica shall not be liable for any loss or damage whatever due to failure by Romantica to deliver the Goods (or any of them) promptly or at all. 5.4. Notwithstanding that Romantica may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that the delivery shall be tendered at any time within 2 months of the Delivery date. 5.5. The risk in the Goods shall pass to the Buyer upon delivery taking place.

  6. Acceptance 6.1. The Buyer shall be deemed to have accepted the Goods twenty four hours after delivery to the Buyer. 6.2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

  7. Title 7.1. In spite of delivery having been made full legal title in the Goods shall not pass from Romantica until: 7.1.1. the Buyer shall have paid the Price plus VAT in full; and 7.1.2. no other sums whatever shall be due from the Buyer to Romantica. 7.2. Until full legal title in the Goods passes to the Buyer the Buyer shall hold the Goods and each of them on behalf of Romantica, and shall keep the Goods clearly identified as Romantica’s property. 7.3. Prior to the passing of title the Buyer shall hold any proceeds of sale of the Goods on trust for Romantica so as such proceeds are separately identifiable. 7.4. Until such time as title in the Goods has passed Romantica reserves the right (without prejudice to any of its other rights) to recover or sell the Goods or any of them and may enter upon the Buyer’s premises by its servants or agents for that purpose. 7.5. The Buyer must insure all goods upon delivery not when they gain full legal title.

  8. Remedies of the Buyer 8.1. Where the Buyer rejects any Goods and Romantica accepts such rejection then the Buyer shall have no further rights whatever in respect of supply to the Buyer of such Goods or the failure by Romantica to supply the Goods which conform to the contract or sale. 8.2. When the Buyer accepts or has been deemed to have accepted any Goods then Romantica shall have no liability whatever to the Buyer in respect of those Goods. 8.3. In no circumstances shall Romantica be liable for any indirect or consequential loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by Romantica of this contract.

  9. Proper Law of Contract 9.1. The contract is subject to the law of England and Wales and all disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Court of England and Wales. Declaration:- I have read, understood and accept the above terms and conditions.

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