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Terms of Use


Conditions of sale

1. Definitions
1.1 Seller means city-concierge.co.uk (Registered Number: 03612323)
1.2 Buyer means the person who buys or agrees to buy goods and/or services from the Seller
1.3 Conditions means the Terms and Conditions of Sale set out in this document and any special Terms and Conditions agreed in writing by the Seller
1.4 Goods means the tickets, licences or permits enabling the Buyer to attend the event function or venue specified overleaf
1.5 Services means those additional services specified overleaf to be provided by the Seller in conjunction with the supply of goods

1.6 Price means the price for the goods and services to be provided by the Seller excluding insurance and VAT where chargeable

 

2. Conditions Applicable
2.1 These Conditions apply to all contracts for the sale of goods and supply of services by the Seller 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 of order or similar document.
2.2 All orders for goods and services shall be deemed to be an offer by the Buyer to purchase such goods and services pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed 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 the Seller.

 

3. The Price and Payment
3.1 The price shall be the price set out overleaf. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller s invoice.
3.2 Payment of the price and of VAT shall be due within two working days of the date of the date 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 the rate of four per cent above Barclays Bank PLC s base rate from time to time in force and shall accrue at such rate after as well as before any Judgment.

 

4.The Goods

The description of the goods shall be as set out overleaf.

 

5. The Services

The description of the Services to be provided shall be as set out overleaf.

 

6. Delivery
6.1 Delivery of the goods shall be made to the Buyer s address or as otherwise agreed in writing by the Seller upon the price of the goods and of any related services together with VAT there on being paid in full to the Seller. Delivery of goods and related services shall not be due until payment of the price and of VAT thereon has been made by the Buyer to the Seller

6.2 Time being of the essence for payment, failure by the Buyer to make payment of the price of the goods and services and any VAT thereon in accordance with these Conditions shall be deemed a repudiation of the contract entitling the Seller in its absolute discretion and without prejudice to any other rights which it may have to suspend all delivery of the goods and services to the Buyer and/or to terminate the Contract without liability upon its part.

 

7. Agency
7.1 The Seller shall act as the Buyer s Agent where the appropriate box overleaf is ticked. When acting as an Agent the Buyer appoints the Seller as their Agent to acquire on their behalf from third parties, those goods and services described overleaf at prices set out overleaf.
7.2 The Seller shall take the Buyer s instructions with reasonable skill, care and diligence.
7.3 The Seller shall be entitled to retain as its fee any difference between the monies paid by it on behalf of the Buyer for the purchase of the goods and services and the price appearing overleaf.

7.4 The Seller shall not be liable to provide any of the goods or services specified overleaf but shall notify the Buyer promptly if it is unable to acquire on behalf of the Buyer any of those goods and services. Any contracts entered into by the Seller in acquiring goods and services specified overleaf shall be entered into by the Seller as Agent for and on behalf of the Buyer.

 

8. Resale and Re-Supply of Goods and Services
8.1 The Buyer warrants that the Goods and Services being acquired from the Seller are for personal use and will not be re-sold or offered as prizes in any competition without the express written consent of the Seller.

8.2 The Seller may terminate this contract forthwith if the Buyer acts in breach of the warranty given in this clause.

 

9. Warranties

9.1 The Seller warrants that its services will be carried out with reasonable care and skill and that the goods at the time of delivery correspond with the description given by the Seller. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods and whether implied by Statute or Common Law or otherwise are excluded.

 

10. Disclaimer and Limitation of Liability
10.1 The Buyer acknowledges that the Seller s obligations and liabilities in respect of the services specified overleaf are exhaustivelydefined in these Conditions. The Buyer agreesthat the express obligations and warranties made by the Seller in these Conditions are inlieu of and to the exclusion of any warranty condition term undertaking or representation of any kind express or implied Statutory or otherwise relating to anything supplied or services provided under or in connection with a Contract to which these Conditions apply including (without limitation) as to the condition quality performance merchantability or fitness for purpose of the goods and/or services provided under such Contract or any part of them.
10.2 The Buyer is responsible for the consequences of any use of the goods and services specified overleaf. The Seller will not be liable for anyindirect or consequential or incidental or special damage or any loss, damage cost or expense of any kind whatever and howevercaused, whether arising under contract tort (including negligence) or otherwise, including (without limitation) loss of profits or of contracts or loss of goodwill even if the Seller has been advised of their possibility.
10.3 The Seller does not exclude or limit liability for:
10.3.1 death or injury arising from an act of negligence of the Seller or its employees
10.3.2 damage caused by the Seller s fraud including fraudulent misrepresentation
10.4 If any exclusion disclaimer or other provision in these Conditions shall be invalid for any reason and in all other cases falling withinClause 10.3 the Seller s total liability (whether in contract, tort, including negligence or otherwise) in connection with a Contract to which these Conditions apply or based on any claim for indemnity or contribution will not exceed the sum of £1,000,000.00 inaggregate.
10.5 The Buyer agrees that except as expressly provided in clause 9 and this clause, the Seller will not be under any liability of any kind whatever and however caused arising directly or indirectly in connection with a supply of goods and/or services to which theseConditions apply.

10.6 The Buyer acknowledges and agrees that the allocation of risk contained in this clause is a recognition of the fact that it is not within the Seller s control how and for what purpose the goods and services are used by the Buyer.

 

11. Force Majeure

The Seller shall not be liable for any default due to any Act of God, war, strike, lock out, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.

 

12. Third Party Rights

These Conditions are not intended to confer any benefit on any Third Party or to be enforceable by any person not a party a Contract to which these Conditions apply.

 

13. Law of Contract
This Contract is subject to the Law of England and Wales.
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