1. Definitions

1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means Famica Ltd. whose Registered Office is 5 London Road, SW17 9JR London, whose Company Number is 8502468 and VAT GB: 174521806 that owns and operates www.label-point.co.uk;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 “Website” means www.label-point.co.uk

2. Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Ticking the Acceptance of Terms and conditions box on checkout shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Acceptance of delivery of the Goods shall be deemed further evidence of the Buyer’s acceptance of these Terms and Conditions
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.

3. Ordering

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 Goods can be ordered using the website only. The technical steps the Buyer needs to take to complete the order process are those described on the website.
3.4 Where the buyer places an order on the website, having previously been banned or otherwise informed not to place orders with the sellers company, the seller may deduct an admistration fee and a fee to cover card charges from the refunded transaction. This also applies where the buyer is placing an order on behalf of another buyer that has been informed not to place orders with the sellers company.

4. Price and payment

4.1 The price of the Goods shall be that stipulated on the Website. The price is displayed both inclusive and exclusive of VAT. The price excludes delivery charges. For delivery charges please refer to the section on the website headed “Delivery”
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods. Goods will only be despatched upon cleared payment.

5. Rights of seller

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6. Age of consent

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7. Delivery

7.1 Delivery prices are quoted for designated UK mainland areas only. For additional information, delivery charges, delivery methods and despatch times, please also refer to the section on the website headed “Delivery”. For delivery outside of UK mainland areas, please contact us by e-mail on info@label-point.co.uk.
7.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery, at the time delivery was attempted.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7.7 Goods will get delivered within 2-5 working days which depends on delivery method chosen by consumer and stock availability when order is placed.

8. Cancellation and Return

8.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 30 days.
8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by e-mailing info@label-point.co.uk within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made, once the Buyer has notified the Seller by e-mailing info@label-point.co.uk, then the Seller will advise whether they will arrange collection or request the Buyer to return the Goods. Goods shall be returned by the Buyer to the Seller within 30 days of delivery. The Buyer shall be entitled to a replacement plus a refund of reasonable return postal charges if the Goods are in fact defective.
8.4 If you are a consumer you have the right (this right does not apply to all buyers), in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by e-mail to info@label-point.co.uk within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer. Consumers should take care of the Goods whilst they are in the consumer’s possession. Once the Buyer has notified the Seller of cancellation, then the Seller will advise whether they will arrange collection or request the Buyer to return the Goods.
8.5 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation and the seller requests that the Goods be sent in the original packaging. Where the Buyer is organising return, the Buyer is requested to adequately insure the Goods during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return collection or postal charges. If the Seller has requested the Buyer to return the Goods, but the Buyer fails to return the Goods following cancellation, the Seller will require the buyer to make the Goods available for collection and shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.6 If the buyer refuses to accept delivery or fails to take delivery of the item the seller may, at their discretion, charge the buyer for the actual costs incurred including the full delivery cost, the cost of return and any administration fees charged by the courier.
8.7 Refunds will be made within 30 days. Where payment has been made with debit or credit card then refunds will be made to the original card used to make the payment.

9. Limitation of Liability

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

10. Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11. Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13. Changes to terms and Conditions

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14. Governing law and Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
© Famica Ltd 2013.