Terms and Conditions of Trading- The Collection Designed by Ian Stuart LTD
1. General: ‘The Collection Designed by Ian Stuart Ltd’, is pleased to accept orders to the Terms & Conditions of Sale as stated below. Unless expressly agreed in writing by a Director of this Company there can be no alteration to these Conditions. These Terms & Conditions supersede any previously offered by this Company and override any Terms & Conditions suggested by the buyer, howsoever presented. It is considered that the Buyer’s act of placing an order with this company signifies the Buyer’s agreement and acceptance of the Terms & Conditions. In these terms ‘you’ and ‘your’ as appropriate refer to the Buyer and ‘us’, ‘our’ and ‘we’ refers to the Seller, The Collection Designed by Ian Stuart Ltd. If the Seller shall within 28 days of the date of order hereof notify the Purchaser that it will be unable to deliver the goods or any part thereof in accordance with the terms of the contract, the Vendor shall be released from his obligations in respect of the goods or such part thereof (as the case may be). All orders are subject to confirmation from the UK head office.
2. Price: Until an order has become binding on the Company all prices are subject to change without prior notice. After an order has become binding on the Company, all prices are subject to increase to reflect variations from time to time in costs which are due to any beyond the control of the Company (including without limitation, costs of materials, labour, transport and any taxes, fee or charge imposed by the Government or other authority) or any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or any delay caused by any instructions of the customer or failure of the customer to give the Company adequate information or instructions. Prices charged will be in accordance with the Sellers current price list ruling at the point the order is placed subject to amendment from the statutory regulation. Most prices are quoted inclusive of carriage charges unless otherwise stated. Goods may only be zero rate for VAT purposes on sale to EC Countries where evidence is provided that.
a. The buyer is VAT registered, and
b. The goods have been exported from the UK.
VAT will not be applicable subject to the buyer supplying to the seller a current VAT number. Where the buyer cannot or is unable to supply such information, the buyer will be charged VAT at the current rate which will be applied at the date of the invoice.
3. Cancellations: Order cancellations will only be accepted up to 7 days after the order is placed and must be received by us in writing. Thereafter the order is considered a legally binding contract. The Seller reserves the right not to accept cancellations of orders outside of the stipulated time frame. In the event that a cancellation is accepted, a minimum of 10% cancellation fee will be charged. An order can only be considered cancelled when the Buyer has received written confirmation of acceptance of cancellation from the Seller. The Collection Designed by Ian Stuart Ltd reserves the right to cancel an order at any time prior to delivery.
4. Fabric dye lots: Though we take all available actions possible to ensure colour consistency between samples and reorders, dye lots on natural fabric can and will vary. We cannot control colour fastness nor can we take responsibility for variation of dye lots. The seller will not take responsibility for the reimbursement of costs of accessories or outfits ordered to match a bride’s dress if indeed the bride’s dress is shaded differently to sample or swatch. Samples and swatches are guidelines but do not constitute the finished product. It is the responsibility of the buyer to explain this policy to their customer.
5. Payment: Unless otherwise stated all invoices must be paid and be at the Companies premises within 30 calendar days of the their date. As stated and ‘in no circumstances shall the buyer be entitled to make any deduction or withhold payment for any reason at all. Payments made and received by the Seller within 7 days of the invoice shall entitle the Buyer to a 4% discount unless otherwise expressly agreed in writing. The 4% discount will not be applicable if the buyer has invoices past their due date and as such any payments received will be applied to the invoices overdue. If the agreed terms for payment are exceeded by the purchaser then;
a. We reserved the right to charge you interest at 4% above the Bank base rate, compounded daily, on the amount outstanding until it has been paid in full with cleared funds.
b. We reserve the right to suspend shipment of all outstanding orders.
c. We will be entitled to pursue you for the money plus any costs incurred, whether or not property in the goods has passed to you, by whatever means are appropriate.
d. We reserve the right to deem any offer such as standing order/credit facilities, advertising support, etc. as withdrawn due to your Breach of Contract. If you have any dispute or counterclaim with us unrelated to the invoice in question you will not be entitled to make any reduction in, or deferment of, payment because of that dispute or counter claim.
6. Warranty: All goods supplied by us are subject to commercial tolerances and are warranted as suitable for the purpose for which they are designed, under fair conditions. Our liability under this warranty will be limited to the replacement, free repair or issue of credit against any goods acknowledged to us to be faulty, provided the such faults have not been caused by your misuse, negligent handling or improper care of goods.
a. Notification of faulty goods must be made to us in writing within 3 days of your receipt.
b. No credit will be allowed for goods returned to us 30 days or more after the invoice date under any circumstances.
c. All returns must be authorised by our Customer Services Department.
d. We will arrange collection of faulty goods by our carrier at our expense. No other form of transport should be used unless agreed as we will not credit your Carriage cost.
e. Credit will be issued on authorised items only after merchandise has been received, inspected and the claimed fault confirmed.
f. We reserve the right not to credit goods received;
1. Without prior authorisation.
2. Not in original condition or otherwise damaged, used or altered.
3. Not as described when the return authorisation was requested.
In any of the above events we will hold the goods waiting collection by the buyer for 30 days before disposal by destruction. The goods remain the responsibility of the Buyer. Acceptance by the agents or sales staff of goods returned does not imply that the goods are acceptable returns.
8. Shortages, damages, discrepancies and or lost in transit: We will replace goods lost, wrongly delivered or damaged in transit whilst in our care. Credit will only be issued where a replacement is unavailable. We will only consider written claims made within 3 days of date of delivery. If goods have been damaged or supplied short then you must keep those goods in one place, separated from any other goods and let us inspect them if we wish before we decide what action to take. If a whole consignment of goods is lost then you must inform us in writing within 7 days of the invoice date. Goods delivered in damaged or tampered packaging must be noted on the Carriers delivery note at the time of delivery. Once a package has been signed for as received in proper order by you or your agent it becomes your responsibility.
9. Catalogues and Brochures: All descriptions and illustrations of goods in any catalogue, brochure, price list or any other document provided by us are intended for general guidance only and do not form part of any contract. All such documentation may be subject to change without notice. We accept no liability for any error or omission in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions or illustrations.
10. Retention of Title: Title and property of all goods remain with the Seller whilst a balance of unpaid invoices, interest or other charges remain unpaid on your account. At all times after the Buyer has accepted delivery of the goods and until property in the goods passes to the Buyer, the Buyer shall hold the goods as bailee and keep the goods in a safe and sound condition and insure to the full replacement value thereof. This does not allow the buyer to return the goods in lieu of payment.
11. Force Majeure: We reserve the right to cancel, suspend or delay delivery of an order without being liable for any loss or damage if the supply of the goods is prevented or delayed by reasons of war (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labour disputes, accidents or any other circumstances beyond our control.
12. Transhipping: Any company supplying another company, branch or store with goods related to The Collection Designed by Ian Stuart Ltd. without express written permission by a director of the company will be deemed in direct breach of contract resulting in immediate withdrawal of their credit facilities and closure of the account.
13. Miscellaneous: a) A person who is not party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not affect any right or remedy of a third party which exists or is available apart from the Act. b) THE validity, construction, and performance of this contract shall be governed by the law of England and be within the jurisdiction of the English Courts.