TERMS OF
BUSINESS

Terms and conditions for the sale of goods.

ZITAN ASIAN ARTS TERMS AND CONDITIONS FOR THE SALE OF GOODS

These Conditions (as defined below) are the terms for the sale of goods by Zitan Asian Arts Limited a company registered in England and Wales under number 12883588, whose registered address is 116 The Hornet, Chichester, West Sussex, P019 7JR.

Definitions and Interpretation

    1. In these Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” “Chosen Carrier” “Collection”

“Conditions” “Contract”

“Goods”

“Month” “Order”

“Order Confirmation” “Price”

“Returns Address”

“Special Price” “Website”

any day other than Saturday or Sunday or bank holiday;

your chosen carrier to collect the Goods from our premises on your behalf (where applicable);

the transfer of physical possession of the Goods to you or your Chosen Carrier at our premises;

the terms and conditions set out in this document;

the contract for the purchase and sale of the Goods, in accordance with these Conditions;

the goods which are to be supplied by us to you as specified in your Order (and confirmed in Our Order Confirmation);

a calendar month;

your order for the Goods, made via the Website, email, telephone or in person;

our acceptance and confirmation of your Order in writing;

the price payable for the Goods, as set out in the Order;

Zitan Asian Arts Limited, PO Box 857, Chichester, West Sussex, P019 9YL;

a special offer price payable for the Goods; and https://www.zitanasianarts.com/

    1. Each reference in these Conditions to “writing” and any similar expression includes sent by email, but excludes fax or other electronic means.

Information About Us

    1. Zitan Asian Arts Limited, a company registered in England and Wales under number 12883588, whose registered address and main trading address is 116 The Hornet, Chichester, West Sussex, P019 7JR.

2,2 We are not VAT registered.

The Contract

    1. These Conditions govern the sale of the Goods by us to you via the Website, email, telephone or in person and will form the basis of the Contract between us and you. Before submitting your Order, please ensure that you have read these Conditions carefully.
    2. Your Order constitutes a contractual offer that we may, at our discretion, accept.
    3. A legally binding contract between us and you will be created upon us issuing an Order Confirmation.
    4. An Order Confirmation shall not be provided until payment of the Price has been received by us in full.
    5. If we are unable to accept your Order, we will inform you of this in writing and will provide you with a full refund within 14 days of the date of such notice. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the Price or description of the Goods, or because we are unable to meet an agreed Collection deadline you have specified.

Description and Specification of Goods

    1. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature and on the Website. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and differences in the colour reproduction of electronic displays. Nothing, however, excludes our liability for mistakes due to negligence on our part.
    2. We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract, please refer to clause 8 (Faulty, Damaged or Incorrect Goods).
    3. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to us as provided in clause 8 (Faulty, Damaged or Incorrect Goods). If as a result of any such error or omission, you have paid too much, we will refund the excess paid for the Goods. If as a result of any such error or omission, you have not paid enough, we will notify you in writing and you will have the option to purchase the Goods at the correct price or cancelling the Order. If we are unable to contact you using the contact details provided during the Order process, we will treat the Order as cancelled and notify you in writing.
    4. We reserve the right to make any changes to the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

Orders – Rights to Make Changes

    1. You may change your Order at any time before we make the Goods available for Collection by contacting us. Requests to change Orders do not need to be made in writing.
    2. If your Order is changed we will inform you of any change to the Price when

you contact us, and, if requested, we will confirm the change in writing.

    1. If you change your mind, you may cancel your Order at any time before we make the Goods available for Collection by contacting us. Please refer to clause 9 (Your Right to Cancel If You Change Your Mind) for details of your cancellation rights.
    2. We may cancel your Order at any time before we make the Goods available for Collection in the following circumstances:
      1. the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or
      2. an event outside of our control continues for more than three Months (please see clause 11 for events outside of our control).
    3. If we cancel your Order under clause 5.4, the payment made to you by us will be refunded to you within 14 days of the date we cancel your Order. If we cancel your Order, you will be informed by us in writing.
  1. Price and Payment
    1. The price of the Goods will be the Price.
    2. If we offer a Special Price as part of an advertised special offer, the Special Price is only valid for the period shown in the advertisement, or 7 days if not shown. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if we do not provide our Order Confirmation until after the period has expired.
    3. Our prices may change at any time but these changes will not affect any Orders that we have already provided an Order Confirmation for.
    4. We have made every reasonable effort to ensure that our prices, as shown in our catalogue, on the Website or given verbally by our sales team are correct. The Price will be checked when we process your Order. If the correct price of the Goods is lower than the Price, you will be charged the lower price. If the correct price of the Goods is higher than the Price, we will inform you and ask you how you wish to proceed.
    5. The Price is exclusive of:
      1. VAT and will not be subject to VAT; and
      2. any other applicable taxes and duties or similar charges which may be payable by you at the rate and in the manner from time to time prescribed by law.
    6. We require all payments for the Goods to be made in advance before we make the Goods available to you for Collection.
    7. We accept the following methods of payment:
      1. Debit Cards;
      2. Credit Cards; and
      3. Bank Transfers.

We are no longer able to accept cash under any circumstances, but may accept cheques in limited circumstances upon request and at our prior approval.

    1. We do not charge any additional fees for any of the payment methods listed in clause 6.7.
    2. Credit and/or debit cards will be charged at the point of making the payment as part of the Order process.

Delivery and Collection

    1. We are unable to deliver, or arrange delivery of, the Goods to you. If you require delivery you may arrange for your Chosen Carrier to collect the Goods from our premises.
    2. When we send you an Order Confirmation, we will provide an estimated collection date. Please note that estimated collection dates may vary according to the availability of Goods. In any event, subject to any circumstances beyond our control, and subject to any longer period to which you agree when placing your Order, Goods will be made available for Collection to you no more than 30 days after the date that the Contract is formed (see clause 3.3).
    3. If you indicate when placing your Order that you wish to collect the Goods from us yourself you may do so after receiving our Order Confirmation once we have notified you the Goods are available for Collection, during our business hours of 9 am to 5 pm on a Business Day.
    4. Where you choose to have the Goods delivered by your Chosen Carrier:
      1. we will not accept any liability for any damage caused to the Goods by your Chosen Carrier’s vehicle or driver; and
      2. your Chosen Carrier shall be responsible for the packing, loading and storing of the Goods and we shall not be liable for any damage that occurs in the course of the same.
    5. Where you collect the Goods in person, and do not use a Chosen Carrier:
      1. we will be responsible for packing the Goods before you collect from our premises;
      2. you will be responsible for inspecting the Goods before Collection and we will not accept any liability for any damage caused to the Goods by your vehicle or you in transit; and
      3. you shall be responsible for the loading and storing of the Goods and we shall not be liable for any damage that occurs in the course of the same.
    6. If you or your Chosen Carrier fail to collect the Goods from our premises, and you do not rearrange Collection, we will contact you for further instructions and may charge you for storage costs until Collection. If, despite our reasonable efforts, we are unable to contact you or re-arrange Collection within 12 Months of the first Collection date, we may end the Contract and clause 5.4 will apply.
    7. Delivery will be deemed to have taken place when Collection occurs.
    8. The responsibility for the Goods remains with us until Collection is complete, in accordance with clause 7.7, at which point it will pass to you.
    9. You own the Goods once we have received payment in full for them.

Faulty, Damaged or Incorrect Goods

    1. By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for

example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, in accordance with clause 12 (Communication and Contact Details).

    1. Beginning on the day of Collection you have a 30 day right to reject the Goods and to receive a full refund if they do not conform as stated in clause 8.1. Alternatively, you may request a repair of the Goods. We agree to fully investigate any alleged defect notified to us by you provided we have received full payment of all sums due and payable to us by you.
    2. Subject to clause 8.5, and where we deem the Goods to be defective, we will bear any associated costs and will carry out the repair within a reasonable time and without significant inconvenience to you.
    3. Subject to clause 8.5, and where we deem the Goods to be defective, if you request a repair during the 30 day period referred to in clause 8.2, that period will be suspended while we carry out the repair and will resume on the day that you receive the repaired Goods. If less than 7 days remain out of the original 30 day period, it will be extended to 7 days. If the repaired Goods still do not conform with clause 8.1, you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the Goods more than six Months after you have received the Goods, we may reduce any refund to reflect the use that you have had out of the Goods.
    4. Please note that your rights under this clause 8 shall not apply if:
      1. we informed you of any faults, damage or other problems with the Goods before your purchase of them, including those stated in the condition report accompanying the Goods;
      2. you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose;
      3. the defects arose from you failing to follow our instructions (whether oral or written) when using or storing the Goods;
      4. if the defect is the result of normal fair wear and tear, misuse or intentional or careless damage or neglect, an accident, adjustments or modifications (or attempts to adjust or modify) by you or by someone else at your request;
      5. the Goods are returned to us in not the same condition as they were collected at Collection, including without a collection label or any other additional information including all accompanying receipts and catalogues conforming the provenance of the Goods; or
      6. you return the Goods to us under this clause 8 merely because you have changed your mind. Please refer to clause 9 (Your Right to Cancel If You Change Your Mind) for more details in this regard.
    5. To return the Goods to us for any reason under this clause 8, you must arrange this with us prior to returning the Goods.
    6. Goods can be returned to us in person during our business hours of 9 am to 5 pm on a Business Day, or you may return them by post or another suitable delivery choice to our Returns Address. You will be fully responsible for the costs of returning Goods under this clause 8.
    7. Refunds (whether full or partial, including reductions in price) under this clause

8 will be issued within 14 days of the day on which we agree that you are entitled to the refund.

    1. For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

Your Right to Cancel If You Change Your Mind

    1. Except in the case of an on-premises Order, you have a statutory right to cancel the Contract up to 14 days after the date of Collection, in accordance with clause 7.7. You may cancel the Contract and return the Goods to us for any reason under this right.
    2. If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision in any way that is convenient to you before the 14 day period referred to in clause 9.1 expires. To cancel, please contact us in accordance with clause 12 (Communication and Contact Details).
    3. The Goods must be returned to us no more than 14 days after the day on which you have informed us that you wish to cancel the Contract under this clause 9.
    4. You may return Goods to us in person during our business hours of 9 am to 5 pm on a Business Day, or you may return them by post or another suitable delivery service of your choice to our Returns Address at your own cost.
    5. Refunds under this clause 9 will be issued to you within 14 days of the earliest of the following:
      1. the day on which we receive the Goods back from you; or
      2. the day on which you inform us (supplying evidence) that you have sent the Goods back; or
      3. If we have not yet provided an Order Confirmation or have not yet made the Goods available for Collection, the day on which you inform us that you wish to cancel the Contract.
    6. Refunds under this clause 9 may be subject to deductions in the following circumstances:
      1. Refunds may be subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this clause 9.6.1, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
      2. We will make no deductions for damage to delivery packaging (i.e. additional packaging into which we have placed the Goods in their original packaging such as bubble wrap and a brown box) but we may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).
    7. Refunds under this clause 9 will be made using the same payment method you used when ordering the Goods.

Our Liability

    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Conditions or as a result of our negligence

(including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

    1. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    2. Nothing in these Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
    3. Nothing in these Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

Events Outside of Our Control

    1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic/pandemic or other natural disaster, or any other event that is beyond our reasonable control.
    2. If any event described under this clause 11 occurs that is likely to adversely affect our performance of any of our obligations under these Conditions:
      1. we will inform you as soon as is reasonably possible;
      2. our obligations under these Conditions will be suspended and any time limits that we are bound by will be extended accordingly;
      3. we will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary;
      4. if the event outside of our control continues for more than 3 Months we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible; and
      5. if an event outside of our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

Communication and Contact Details

    1. If you wish to contact us in connection with the Contract, you may contact us by:
      1. telephone on 07730775691;
      2. email on info@zitanasianarts.com; or
      3. post at PO Box 857, Chichester, West Sussex, PO19 9YL.
    2. If we need to contact you, or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address or email address you provide in the Order.

Complaints and Feedback

    1. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with us, please contact us in accordance with clause 12 (Communication and Contact Details}.

How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in our Privacy Notice, available on the Website using the following link – https://www.zitanasianarts.com/privacy-policy.

Other Important Terms

15.1. We may transfer our obligations and rights under these Conditions (and under the Contract, as applicable) to a third party. If this occurs, you will be informed by us in writing. Your rights under these Conditions will not be affected and our obligations under these Conditions will be transferred to the third party who will remain bound by them.

    1. You may not transfer your obligations and rights under these (and under the Contract, as applicable} without our express written permission.
    2. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Conditions.
    3. If any of the provisions of these Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that I those provision(s} shall be deemed severed from the remainder of these Conditions. The remainder of these Conditions shall be valid and enforceable.
    4. No failure or delay by us in exercising any of our rights under these Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Conditions means that we will waive any subsequent breach of the same or any other provision.

Governing Law and Jurisdiction

    1. These Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise} shall be governed by, and construed exclusively in accordance with the law of England and Wales.
    2. Any dispute, proceedings or claims between you and us relating to these Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise} shall be subject to the jurisdiction of the courts of England and Wales.