The "Buyer" means person who buys or agrees to buy Goods from the Seller.
The "Seller" means Sirius Projects Limited its trading name "Mauritianart.com".
"Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
Conditions
Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
These conditions shall apply to all Contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions.
The statutory rights of the consumer shall not be affected by anything contained in these Conditions.
Unless agreed in writing by the Seller, no variations or additions to these Conditions shall be effective.
All Conditions are to be in accordance with the laws of Mauritius.
The Contract for the sale of the goods shall arise once the Buyer pays the asking price for the goods or when the Buyer notifies the Seller of its acceptance of the Seller's amended quotation.
Copyright
The copyright of any goods purchased by the Buyer will remain with the originating artist, unless otherwise explicitly stated by the Seller in writing.
Prices
3.1. Payment must be made in full before dispatch of any Goods.
3.2. All monies under any transaction covered by these Conditions shall become immediately due and payable should any act or proceedings be commenced in which the Buyer's solvency is concerned.
3.3. The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any direct or indirect increase in costs to the Seller. However, once the price has been paid in full before despatch takes place, no price revision can take place without the prior written agreement of the Buyer.
3.4. The Price for the goods shall be that shown on the Seller's website mauritianart.com or any price subsequently agreed in writing by the Seller.
The selling price EXCLUDES: custom duties, taxes and charges levied by governments at reception of goods.
Interest on Overdue Invoices
4.1. All invoices shall be paid in full, free of any bank charges, set-off for counter claim or deduction whatsoever.
4.2. The Seller reserves the right to charge interest at 5% per calendar month, on any overdue invoice. This will accrue from the due date for payment until the date of receipt of payment of the full amount.
Warranty and Liability
The Seller warrants that the Goods despatched by mauritianart.com will correspond to the photograph and description on the mauritianart.com website. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
Delivery
The Buyer shall provide the full physical delivery address for the delivery of the Goods including contact numbers. On arrival of the Goods the Buyer undertakes to immediately make the necessary arrangements to take delivery of the Goods tendered for delivery.
The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated or anticipated delivery date. However, the Seller undertakes to make every reasonable effort to keep to the Buyer’s requested delivery date. It is agreed that time of delivery shall not be of the essence.
Ownership and Risk
The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller's costs of so doing.
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller immediately, if the Goods are damaged. If the Buyer fails to do this he is deemed to have accepted the Goods.
Any Goods in respect of which any claim of defect or damage is made shall be returned by the Buyer intact together with the original packing to the seller.
Cancellation and Returns
Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any Goods then (i) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault. (ii) The Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required.
Orders for goods which have been made specifically to instructions from the Buyer may not be cancelled at any time prior to the goods being dispatched or upon delivery.
Under the EU Consumer Protection (Distance Selling) Regulations 2000, you may cancel the goods purchased (other than commissioned items) by sending a notice of cancellation by email to
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. The Seller must receive the notice of cancellation within 7 days of the date of delivery of the goods. As soon as we receive your order to cancel we will refund the relevant portion of your order, less a 10% handling fee, based on the selling price and bank charges, if it has not yet been dispatched. If it has been dispatched, you will be responsible for the cost of returning the goods and your refund for the goods will be processed on their arrival, less handling fees of 15% of the selling price and bank charges. The Seller recommends the use of a similar method as was used for the delivery and recorded delivery for your protection and peace of mind. Should recorded delivery not be used, the Seller shall have no liability for Goods which are not received back from the Buyer. The Seller will send an email acknowledging receipt of the goods, confirming the condition in which they were received, and advising when the refund will be processed. This will end the Seller's liability to you.
No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned without prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any Goods then (i) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault. (ii) The Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required.
Force Majeure
The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond the Seller's control.
No Waiver
The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
Liability
Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these 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 damage.
Dispute
In the event of a dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit the dispute to arbitration in accordance with the Mauritian Arbitration Act for the time being in force as a legally binding alternative to Court action.
