1 FORMATION OF THE CONTRACT
These terms of sale (‘Terms’) apply to goods supplied by PRIMARY (‘PRIMARY’) of 151 NE 7th Street, Miami, FL 33132, and ordered from PRIMARY’s website at www.primaryprojectspace.com, www.primaryflight.com, www.primarymade.com (the ‘Website’).
These Terms should be read carefully by you before you place an order for goods from PRIMARY. You will be asked to accept these Terms before placing your order. If you do not accept these Terms you should not place an order.
No contract exists between you and PRIMARY for the sale of any goods until PRIMARY has received and accepted your order and sends you confirmation by writing or email to the address or email you have given. PRIMARY shall not be under any obligation to accept your order but once it has done so by sending you confirmation by writing or email there is a binding legal contract between you and PRIMARY.
You must be sixteen (16) years of age or older to order from the Website and by accepting these Terms you are confirming to us that you no less than sixteen years of age.
Any contract between you and PRIMARY is subject to your right of cancellation if you are a consumer (see 5.1 below).
PRIMARY may change these Terms without notice to you in relation to future sales.
2 AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, PRIMARY, will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
The description, specification and price of the goods you order will be as shown on the Website at the time you place your order.
Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in US dollars and will, unless specified to the contrary on the Website, include packaging and delivery charges.
Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to despatch of the goods, PRIMARY will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, PRIMARY will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
The price of the goods shown on the Website is exclusive of applicable sales taxes which will be added on confirmation of your address and prior to you placing your order.
Where the goods are supplied for export from the USA, you will be liable for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
Payment for the goods and delivery charges can be made by any credit card that is shown as acceptable on the Website at the time you place your order (presently being PayPal, Visa, MasterCard and American Express).
All deliveries are subject to prior authorization of your payment.
4 DELIVERY AND RISK
The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by PRIMARY.
All ‘editions’ ordered from PRIMARY shall be sent to you via courier service of PRIMARY’s choosing. PRIMARY shall endeavor to deliver unframed editions within the US within 21 days after receiving payment from you and outside the US within 28 days of receiving your payment or within such other period indicated at the time you place your order.
All publications ordered from PRIMARY shall be sent to you by US Mail. PRIMARY shall strive to deliver the publications within 21 days after receiving your payment.
If delivery cannot be made to your address, PRIMARY will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
A signature will be required on delivery of all PRIMARY editions. Receipt of a signature at the delivery address for any edition and/or publications ordered by you shall be proof that the order has been delivered to you.
Every effort will be made to deliver the goods within the time periods specified above. If PRIMARY is unable to deliver the goods within 30 days of receiving your order, PRIMARY will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods. PRIMARY will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
5 YOUR RIGHT OF CANCELLATION
All sales are final.
PRIMARY shall not be responsible for any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party.
Subject to paragraph 6.1, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should contact PRIMARY by phone or notify PRIMARY by mail, fax or email in accordance with the contact details at paragraph 10 below.
PRIMARY will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by PRIMARY to supply the goods in accordance with the contract.
PRIMARY shall not be held responsible for any delay or failure to comply with its obligations under these terms of sale if the delay or failure arises from any cause which is beyond PRIMARY’s reasonable control. This condition does not affect your statutory rights.
7 DATA PROTECTION
PRIMARY will take all reasonable precautions to keep the details of your order and payment secure but unless PRIMARY is negligent PRIMARY will not be liable for unauthorized access to information supplied by you.
PRIMARY will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to PRIMARY at the address, fax number or email address shown below.
PRIMARY would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please tick the box below. If at any time you wish to receive such information again, you can give notice to PRIMARY at the address, or email address shown at paragraph 10 below, or in reply to any email from PRIMARY.
PRIMARY may use technology to track the patterns of behavior of visitors to the Website and ‘personalize’ your viewing experience. This can include using a ‘cookie’, which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. You can usually modify your browser to prevent this happening. However, the Website may not work as well as it might if you switch off cookies.
9 INTELLECTUAL PROPERTY
All copyright in the material contained on the Website and any trademarks and brands included in that material belong to PRIMARY or its licensors.
You may download or copy the content and other downloadable items displayed on the Website solely for personal non-commercial purposes for the purposes of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.
10 PRIMARY’S CONTACT DETAILS
10.1 If you have any queries about these Terms or any other aspect of our Website you can phone us at 305 555 5555 or write to us at:
151 NE 7th Street
Miami, FL 33132
PRIMARY may at its discretion record telephone calls for the purposes of staff training and quality control. Tapes will be erased after review.
These Terms are not intended to and shall not create any rights, entitlements, claims or benefits enforceable by any person other than the person who is party to a contract with PRIMARY for the supply of goods.
These Terms and the supply of the goods by PRIMARY will be subject to United States law, and the United States courts will have jurisdiction in respect of any dispute arising from the contract.