Auction Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07977178778.

  1. Application
    1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Art of Ping Ping whose trading name is Studio Happy LLP under number OC404738. Our email address is algy@theartofpingpong.co.uk and telephone number 07977178778 (the Supplier or us or we).
    2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
  2. Interpretation
    1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
    2. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
    3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
    4. Goods means any goods that we supply to you, of the number and description as set out in the Order;
    5. Order means the Customer's order for the Goods from the Supplier as set out overleaf
  3. Goods
    1. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
    2. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate
    3. The packaging of the Products may vary from that shown on images on our site.
  4. Basis of Sale
    1. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
    2. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    3. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
    4. If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
    5. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  5. Price and Payment
    1. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
    2. Prices and charges should indicate VAT at the rate applicable at the time of the Order.
    3. Payment for ArtTables must be made in advance of your product going into production.
  6. Delivery
    1. We will deliver the Goods to the Delivery Location by the time or within the period as stated on our website. Please note for ArtTables this can be up to 12 weeks.
    2. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
    3. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
    4. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
  7. Risk and Title
    1. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
    2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
  8. Disclaimer clause
    1. Please make sure you carefully read the instructions document sent with your order.
    2. The ArtTable is intended to be used in the manner intended – for playing ping pong and when not in use hung on the wall only. In no event shall our company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of this product.
    3. Our products are not toys and is not suitable for young children.
    4. The legs on our ArtTables are moving parts so please keep those fingers safe when folding them.
    5. Our products may cause personal injury, property damage or break easily if not handled, positioned and installed with care.
    6. Use of the product by a user is at the user’s risk.
  9. Withdrawal and cancellation
    1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  10. Conformity
    1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
    2. Upon delivery, the Goods will:
      1. be of satisfactory quality
      2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract;
      3. conform to their description.
    3. It is not a failure to conform if the failure has its origin in your materials.
  11. Circumstances beyond the control of either party
    1. In the event of any failure by a party because of something beyond its reasonable control:
      1. the party will advise the other party as soon as reasonably practicable; and
      2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.
  12. Excluding liability
    1. The Supplier does not exclude liability for: any fraudulent act or omission; or for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
    2. We shall not assume any legal liability in relation to the assembly and installation of Products.
    3. We shall not assume legal liability for damages caused to the Product or other accidents caused or damages incurred while the Customer is assembling or installing the Products.
  13. Governing law, jurisdiction and complaints
    1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
    2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
    3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 5 days
  14. Warranty
    1. This product is provided as is without any guarantees or warranty. In association with the product, we make no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of non-infringement of third party rights.
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