Terms and Conditions
Definitions
For the purpose of these General Terms and Conditions, the terms below have the following definition:
Working Day: refers to a calendar day, other than a Saturday, a Sunday or a Bank holiday in England;
Consumer: refers a person or business that enters into an Agreement with Black graphyte LTD online shop;
Agreement: refers to any agreement related to orders placed for Products available on the Black graphyte LTD online shop between the customer and Black graphyte LTD;
General Terms and Conditions: means these General Terms and Conditions on Black graphyte LTD website;
Intellectual Property Rights: refers to all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights, and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how, and all rights in respect of any of the foregoing) in relation to Black graphyte LTD Products and Black graphyte LTD websites;
Parties: refer to Black graphyte LTD and the Consumer;
Product and Item: refers to the goods Black graphyte LTD sells under the trade name Black graphyte LTD.
Applicability
A- The General Terms and Conditions in Black graphyte LTD website apply to any Agreement regarding the sale and delivery of Products concluded through Black graphyte LTD online shops, to which Blackgraphyte LTD is a party and applies to the legal relationship between the Parties. The General Terms and Conditions also apply to and form an integral part of all quotations and offers made by Black graphyte LTD and all acceptances, acknowledgements and confirmations of any orders made by the Consumer.
B- By placing an order the Consumer enters an agreement bounded by these General Terms and Conditions.
Intellectual property rights
A- All Intellectual Property Rights shall remain the exclusive property of Black graphyte LTD. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties’ name, or for its own or others’ behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
B- The Consumer cannot copy the products in Black graphyte’s website nor any additional tools/items associated with the product, nor use any Intellectual Property Rights, without the consent and signed approval of Black graphyte LTD.
Availability of Black graphyte’s online shop
A- Black graphyte LTD cannot guarantee that the Website, including any content on it, will always be available. Black graphyte LTD reserves the right to suspend, withdraw, discontinue or alter all or any part of their website at any time without notice.
B- Black graphyte LTD will not be liable for any reason where the website is unavailable at any time or for any period.
Offers and orders
A- The material on the Black graphyte LTD online shops is provided for general information only. Obvious errors or mistakes in the offer do not bind Black graphyte LTD LTD.
B- Black graphyte LTD will indicate if an offer is of limited duration.
C- An offer is subject to availability. If a product is out of stock, despite appearing on Black graphyte LTD online shop, Black graphyte LTD has the right to cancel a confirmed order. In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
The agreement
A- Subject to the provisions of the General Terms and Conditions, the Agreement becomes effective once the acceptance of an offer is completed by filling in all information required to complete the order and the applicable conditions by the Consumer are accepted. Promptly after receiving an order, Black graphyte LTD will send an automated email confirming the receipt of the order.
B- Black graphyte LTD may obtain information – within statutory frameworks – about the Consumer’s ability to fulfil his payment obligations, as well as facts and factors that are important for the responsible conclusion of the Agreement.
C- Black graphyte LTD reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
The Product is not available or out of stock;
The order is flagged by Black graphyte’s security systems as an unusual order or an order susceptible to fraud;
The Consumer’s billing information is not correct or not verifiable;
Black graphyte LTD has reason to believe the Consumer is a reseller;
There was an error in the price displayed on the Black graphyte LTD online shop;
Black graphyte LTD cannot deliver to the shipping address provided by the Consumer.
In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
Prices
A- All prices quoted on Black graphyte LTD online shop are in British Pounds and include VAT.
B- Black graphyte LTD reserves the right to change the prices quoted on the Black graphyte LTD Online shop without notice. Black graphyte LTD will not be liable to the Consumer or any third party for price changes.
C- Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the Product, the shipping and customs clearance shall be at the Consumer’s expense. Such costs or expenses which have been paid by Black graphyte LTD, shall be charged to the Consumer.
Right of withdrawal
A- The Consumer has the right to withdraw from the Agreement within 30 calendar days without giving any reason. The Consumer can either dissolve the agreement and receive a refund or exchange the ordered Product. The withdrawal period will expire after 30 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the ordered Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 30 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the last ordered Product.
B- Products that are not suitable for return due to products being scratched, used or damaged after delivery cannot be returned or exchanged.
C- To exercise the right of withdrawal, the Consumer must inform Black graphyte of his decision to withdraw from the Agreement by requesting a Return Authorisation on the Black graphyte online shop or sending an email with an unequivocal written statement to info@blackgraphyte.com within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the Consumer to request a Return Merchandise Authorisation or send the unequivocal statement to Black graphyte before the withdrawal period has expired.
D- During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack the product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
If the Consumer exercises its right of withdrawal, the Consumer will return the Product to Black graphyte LTD at its own risk and expense, by following the instructions on the Return Authorisation, without undue delay and in any event no later than 30 calendar days from the day the Consumer purchased the product. This deadline is met if the Consumer sends back the Product before the withdrawal period of 30 calendar days has expired.
The Return Authorisation Terms and Conditions will only apply to customers in the European Union and The UK.
E- The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
If the Consumer timely exercises its right of withdrawal, Black graphyte will reimburse the relevant payments received from the Consumer, excluding the costs of delivery and excluding the return costs, without undue delay and in any event not later than 30 calendar days from the day on which Black graphyte is informed of the Consumer’s decision to withdraw from the Agreement. The return costs will be deducted from the Consumer’s refund. Black graphyte will withhold the reimbursement until Black graphyte has received the product back, or until the Consumer has supplied adequate evidence of timely having sent back the Product, whichever is earliest. Black graphyte will carry out reimbursement if applicable using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise.
Black graphyte is entitled to refuse and accept a returned product and the reimbursement of payments if the Consumer does not comply with the instructions of previous clauses.
Payment by the Consumer
A- As provided in the Agreement or in applicable additional terms and conditions, the sums payable to Black graphyte will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.
B- Black graphyte only accepts the methods of payment indicated on the Black graphyte online shop. The methods of payment can be changed by Black graphyte at any time. All actual costs of payment will be passed on to the Consumer.
C- The Consumer has the duty to inform Black graphyte of any inaccuracies in payment data provided or stated.
Shipping and delivery
A- The ordered Product will be shipped to the Consumer depending on the customer’s location. In the event that multiple orders with the same shipping address are placed by the Consumer, these orders may be combined, unless otherwise requested by the Consumer.
B- The shipping and delivery terms indicated in these General Terms and Conditions, on the Black graphyte online shop are indicative and not guaranteed. If Black graphyte LTD is unable to meet the (estimated) shipping date, Black graphyte LTD will notify the Consumer accordingly. Black graphyte LTD will not be liable for any damages and costs arising out or in connection with delayed delivery.
C- Black graphyte ships to shipping addresses in the countries indicated on Black graphyte Website.
D- If the shipping address is located outside the European Union, the Consumer shall be responsible for assuring that the ordered Product can be lawfully imported.
E- Black graphyte LTD will engage third parties in the fulfilment of its shipping and delivery obligations under the Agreement. All shipping services will provide a tracking number.
F- Black graphyte LTD retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims are paid in full. The Consumer does not have a right of retention with regard to the Product. Black graphyte LTD is entitled to repossess the Product if the Consumer fails to fulfil any of its obligations under the Agreement and/or if Consumer will fail to fulfil any of its obligations under the Agreement.
G- All risks in connection with the Product shall pass to the Consumer when the Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the actual costs of shipping the Product back to Black graphyte LTD.
Complaints
A- Black graphyte LTD wishes to point out that the Consumer can rely upon the legal guarantee of conformity of goods (check articles for selling) The Consumer is obliged to examine the delivered Product upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
B- The Consumer shall inform Black graphyte of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product. Any complaints shall be sent in writing to the following email address: info@blackgraphyte.com. The email shall contain a clear description of the complaint, the Consumer’s name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than two weeks after the discovery of the defects.
C- Complaints submitted to Black graphyte LTD will be replied within a period of five Working Days, from the date of receipt of the complaint. Black graphyte LTD is only obliged to take complaints into consideration, if Black graphyte is given the opportunity to verify the complaint.
D- In the event of a timely, correct and justified complaint in accordance with this clause, the Consumer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate credit for the purchase price of the Product.
E- The Consumer shall return the defective or non-conforming Product in its entirety to Blackgraphyte LTD. The defective or non-conforming Sketchbook become propriety of Black graphyte LTD as soon as it has been replaced or credited.
F - A complaint that does not meet the requirements set out in previous clauses, shall not be taken into consideration by Black graphyte LTD. Any returned item shall be deemed to have no defects and conform to the specifications and does not release the Consumer from any of its obligations under the Agreement.
Liability
A- Black graphyte LTD will not have any liability to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any item by Black graphyte or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or wilfulness of Black graphyte.
B- Anything contrary to the Agreement, General Terms and conditions, and any aggregate liability of Black graphyte LTD to the Consumer arising in connection with the Agreement or General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent by Black graphyte LTD or their staff).
Force majeure
A- Black graphyte LTD will not be liable for any failure or delay in performance if such failure or delay results from interruptions in the Product’s manufacturing process or if such failure or delay is caused by force majeure. As a result of such force majeure and/or default by one of Black graphyte LTD suppliers, Black graphyte LTD cannot reasonably be required to execute its obligations.
B- In the event that a force majeure and/or default by one of Black graphyte’s suppliers, Black graphyte is prevented from fulfilling its obligations to the Consumer, such obligation shall be suspended for the duration of the event.
C- In the event that the force majeure causing a delay extends for a period of three consecutive months, Black graphyte LTD will be entitled to cancel the affected Agreement without any liability towards the Consumer.
Miscellaneous
A- In the event that the General Terms and Conditions are amended, Black graphyte LTD will give notice of this on the, announcing that the General Terms and Conditions have been amended, with the date when the changes took place.