1. How to order
Orders are accepted by mail, telephone, facsimile, e-mail, via the InternationalDanceDesign.com Website or in person.
2. Basis of Purchase
Once the goods are ordered the order will be subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
No terms or conditions endorsed upon, delivered with or contained in your purchase order, confirmation of order, specification or other document shall apply.
No variation to the order or these terms and conditions shall be binding unless agreed in writing and subject to clause 5.
3. Orders and Specifications
Orders are only deemed to be accepted by International Dance Design, LLC (International Dance Design or we ) when formal acceptance has been issued, such formal acceptance being either in the form of written order confirmation or in the form of goods despatched.
Any specifications supplied by you or any designs specifically produced by International Dance Design in connection with the purchase of goods together with copyright, design right or any other intellectual property rights shall at all times vest in and remain the exclusive property of International Dance Design.
International Dance Design shall not be liable in respect of any alleged defect in the goods as a result of any specification made by you against our advice .
4. Prices & Payment
The price of the goods will be quoted to you at the time of confirming the order. International Dance Design reserves the rights to make any changes as necessary without notice. All prices exclude applicable local, county or state Sales Tax and despatch charges. Sales Tax must be added to the total amount (including carriage) of your order. This does not apply if goods are to be sent to any country outside the State of Texas or outside of the United States. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required.
Payment to International Dance Design is required in advance of delivery unless specific credit arrangements are agreed in writing, in which case International Dance Design shall be entitled to invoice for the goods upon despatch or deemed delivery in accordance with clause 6. Payment must be made within 30 days of that date. In the event that payment is not made on the due date we reserve the right to:
- Withhold delivery of any further goods;
- Require advanced payment on all goods;
- Charge interest (both before and after judgement) on the amount unpaid at the rate not to exceed permitted by law.
5 Cancellation rights
1. Orders for goods which are not in the standard range offered by International Dance Design or for goods which have to be purchased specifically to fulfil an order cannot be cancelled and shall be subject to the payment charges set out in clause 3.
2. Orders for cut lengths of fabrics cannot be cancelled after the goods have been cut and shall be subject to the payment charges set out in clause 3.
3. Any orders cancelled under clause 1 and 2 shall be subject to the cost of the actual order together with a restocking charge of 25% of the order value.
Delivery of the goods shall be made by International Dance Design posting the goods to you.
Any dates quoted for delivery of the goods are approximate only and International Dance Design shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by International Dance Design in writing.
Any charges relating to import tax, duty or Customs clearance of goods into a country designated by you shall be paid by you.
If delivery of an order is rejected by you for any reason whatsoever International Dance Design reserves the right to charge you a restocking charge of 25% of the order value together with any other charges incurred for returning the goods.
International Dance Design must be notified of any shipments which may have been tampered with or of any goods missing from deliveries within 48 hours of receipt of such deliveries. Until the matter is resolved you must keep all packaging and documentation relating to such shipments.
7 Risk and Property
The risk in respect of the goods sold will pass to you upon delivery. Carriers require that all claims be notified in writing within 7 days of receipt of goods and that non-delivery be notified within 14 days of the date of despatch, 21 days for overseas. Claims notified after this period will not be recognised.
Notwithstanding delivery and passing of risk in the goods or any other provision of these conditions the property in the goods shall not pass to you until International Dance Design has received in cash or cleared funds payment in full of the price of the goods and all other goods agree to be sold by International Dance Design to you for which payment is then due.
Until such time as the property in the goods passes to you (and provided the goods are still in existence and have not been resold) International Dance Design shall be entitled at any time to require you to deliver up the goods to them and if you fail to do so forthwith to enter upon any premises of your or any third party where the goods are stored and repossess the goods.
8 Warranties and Liabilities
Subject to the terms and conditions set out below International Dance Design warrants that the goods will correspond with their description in International Dance Design's current cataloge.
The above warranty is given by International Dance Design subject to the following conditions
- International Dance Designshall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions ( whether oral or in writing )misuse or alteration or repair of the goods without our approval.
- International Dance Design shall be under no liability if the total price for the goods has not been paid by the due date for payment.
- International Dance Design shall be under no liability as to the quality of the goods beyond the occasion of their first use.
- International Dance Design warranty is limited in respect of slight variation in colour, this is due to variation between dye lots. We do not guarantee color to be identical to that appearing in the current cataloge.
- No warranty is given by International Dance Design in respect of fitness for the purpose intended by you. It is your responsibility to ensure that goods are suitable for your own purpose.
- Any claim by you which is based on a defect in quality or condition of the goods or their failure to correspond with specification shall be notified to International Dance Design within 21 days of the purchase or posting whichever is the later. In the event that a fault is accepted by International Dance Design the goods will be replaced free of charge by return post subject to availability provided the goods have been returned reasonably packed within 21 days.
Any notice required by either party to the other under these terms and conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provisions for the party giving the notice.
No waiver byInternational Dance Design of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
In these terms and conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
The formation, existence, construction, performance, validity and all aspects of these terms and conditions shall be governed by United States law and the parties submit to the exclusive jurisdiction of the United States courts.