17th April 2012
In these conditions, unless the context requires otherwise:
‘Buyer’ means the person who buys or agrees to buy the goods from the Seller; ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller; ‘Goods’ means the articles which the Buyer agrees to buy from the Seller; ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and 'Seller' means Gainsborough Giftware Ltd; ‘Standard Delivery Charge’ means the sum of £6.95 plus VAT such charge applicable to deliveries within mainland England, Wales and Scotland (up to Firth/Clyde corridor). Free delivery will be allowed for orders of over £300 plus VAT attracting a Standard Delivery Charge; ‘Non Standard Delivery Charges’ means the actual cost of delivery to Scottish Highlands and Islands and Offshore UK (including Northern Ireland and Irish Republic) such charges to be dependent on volume and weight and to be notified to the Buyer prior to dispatch of the order. Free delivery will be allowed for orders of over £600 plus VAT attracting a Non Standard Delivery Charge; ‘Overseas Delivery Charges’ means the actual cost of delivery overseas such cost to be notified to and agreed by the Buyer prior to confirmation of the order;
‘Product Description’ means the description of the Goods provided on the Sellers website
1.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
1.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
1.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
1.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and payment
2.1 The Price shall be the price stipulated in the Sellers published price list current at the date of the Seller’s invoice. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice
2.2 In respect of an order made on-line for which the Standard Delivery Charge applies payment of the Price and VAT (plus the delivery charge) shall be due at the time of the order being made
2.3 In respect of an order for which Non Standard Delivery Charges or Overseas Delivery Charges apply payment of the Price and VAT (plus the delivery charge) shall be due within 7 days of the date of the quotation for carriage charges. Time for payment shall be of the essence.
2.4 The Seller is not obliged to accept any order with a value of less than £100 plus VAT (excluding carriage charges).
2.5 In respect of an Order for which the delivery address is outside the United Kingdom in addition to the Overseas Delivery Charges applicable, the buyer shall be responsible for all Import Taxes and Levies whatsoever which apply to the supply.
3.1 The quantity and description of the Goods shall be as described in the Product Description.
3.2 All dimensions are approximate and should any specific information (which is not within the Product Description) be required the Seller will endeavour to provide this on request.
3.3 The multiples in which the Goods are sold are listed within the Product Descriptions. All prices listed however are per single item.
Warranties and liability
4.1 The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller.
4.2 All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law
Delivery of the Goods
5.1 Delivery of the Goods shall be made to the Buyer's address.
5.2 For orders for which the Standard Delivery Charge applies delivery will be 1 to 3 working days from order.
5.3 For orders for which Non Standard Delivery Charges or Overseas Delivery Charges apply the Seller will endeavour to notify the Buyer of the anticipated delivery date in advance although this cannot be guaranteed.
5.4 In either case the Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
5.5 The Buyer must notify the Seller any loss or damage to the Goods within 2 days of delivery and the Goods shall be either held by the Buyer for inspection by the Seller (or their duly appointed agents) or returned to the Seller at the express instruction of the Seller. If returned the Goods must be in their original packaging.
5.6 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
Acceptance of the Goods
6.1 The Buyer shall be deemed to have accepted the Goods 3 days after delivery to the Buyer.
6.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
6.3 No goods delivered to the Buyer which are in accordance with the Conditions will be accepted for return without the prior written approval of the Seller in accordance with the Sellers returns authorisation procedure and on terms to be determined at the absolute discretion of the Seller.
6.4 If the Seller agrees to accept any such Goods for return the Buyer shall be liable to pay a handling charge based on a percentage of the invoice price at the seller’s discretion. Such Goods must be returned by the Buyer carriage paid to the Seller in their original packaging.
6.5 Goods returned without the prior written approval of the Seller may at the Seller’s absolute discretion is returned to the Buyer or stored at the Buyer’s cost without prejudice to any rights or remedies the Seller may have.
6.6 All discrepancies, including damages and shortages, must be reported to the Seller within 48 hours on receipt of the order. Credits and refunds will not be offered after 48 hours.
Title and risk
7.1 The Goods shall be at the Buyer’s risk as from delivery
7.2 In spite of delivery having been made title in the Goods shall not pass from the Seller until the Buyer shall have paid the Price plus VAT (and any delivery charges) in full and no other sums whatever shall be due from the Buyer to the Seller.
7.3 Until title in the Goods passes to the Buyer the Buyer shall hold the Goods as bailee for the Seller and shall store the Goods separately from all other goods in its possession and shall mark the Goods in such a way that they are clearly identified as the Seller’s property.
7.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
7.5 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that title in any of the Goods has not passed from the Seller
7.6 Until such time as title in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
Remedies of Buyer
8.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the conditions.
8.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.1 These conditions are subject to the law of England and Wales.