|
TERMS AND CONDITIONS OF SALE
Stylish Solutions Limited
Unit 7
Global Business Park
Hamburg Road
Kingston Upon Hull
HU7 0AE
T: 01482 377785
F: 01482 830096
E: sales@stylishsolutions.co.uk
Company registration number: 6053689
VAT Registration number: 898183854
The following terms and conditions apply to any and every part of Stylish Solutions and by visiting the site you are agreeing to adhere to the following terms and conditions of sale.
1. DEFINITION
In these conditions: "the Company" means Stylish Solutions Ltd. "the Buyer" means any party who enters into a Contract with the Company to bu goods from the company.
"Goods" means any goods supplied by the Company pursuant to a contract of sale between the Company and the Buyer.
"Company's Order Confirmation" means any document issued by Company indicating the terms on which the products are supplied.
2. CONDITIONS
All Contracts for the sale of Goods between the Company and the Buyer are subject to these terms and conditions.
3 PRICE
3.1 Unless otherwise stated all prices quoted by the Company are inclusive of VAT and all other duties, fees or taxes. In the case of sales within the United Kingdom VAT at the appropriate rate has been added. All sums due to the Company shall be paid in the currency and to the address stated on the Company's order confirmation.
3.2 In the event that the raw material or other costs incurred by the Company increase between the time that the order is placed and the time of delivery, the Company reserves the right to charge the price current at the time of delivery.
4 DELIVERY
4.1 In the case of orders for delivery within the United Kingdom then unless otherwise stated the price is inclusive of delivery. If delivery is refused you may be charged for that delivery.
4.2 If you accept a delivery with a damaged box we cannot be held responsible for any damage to the goods inside once you have signed for the goods. A signature will be required by the carrier. If no one is available a card will be left and you will have to rearrange delivery with the depot within 5 days. If the parcel is returned to us you will have to pay for the parcel to be redelivered.
4.3 In the case of goods for delivery outside the United Kingdom the terms for delivery are as agreed between the Company and the Buyer.
4.4 Any delivery dates quoted are for guidance only and not a term of the Contract. Time for delivery shall not be of the essence unless previously agreed by the Company in writing and the Company shall not be liable for any delay in delivery of Goods.
4.5 Where the Goods are to be delivered in instalments each delivery shall constitute a separate Contract and failure by the Company to deliver any one or more of such instalments in accordance with these conditions or any claims by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
4.6 Delivery shall be made to the place(s) and by the method(s) specified on Company's order confirmation (or if none, [ex works] [or, for export sales FAS UK port/FOB UK airport]). Buyer is responsible for unloading. Buyer's or its carrier's receipt shall be conclusive evidence of delivery.
4.7 If the products are sold FAS or FOB, an on-board bill of lading, a mate's receipt or other document in proof of delivery alongside the vessel is conclusive evidence of delivery. If Company or its carrier is unable for any reason to place products on board ship upon their arrival at the port of delivery, a warehouse receipt for the products shall be treated as sufficient delivery.
4.8 If the products are sold CIF and C and F, a receipted bill of lading or way bill is conclusive evidence of delivery.
5 PAYMENT
5.1 a) For deliveries in the UK payment for the Goods shall be made to the
Company by the Buyer prior to delivery of the Goods unless otherwise agreed between the Company and the Buyer and time shall be the essence of this
condition.
b)For deliveries outside the UK payment terms will be as agreed between the Company and the Buyer.
5.2 If the Buyer fails to make payment by the due date then the Company shall be entitled to:
a) Cancel or suspend any further deliveries to the Buyer and/or
b) Charge interest on all sums due at the rate of 4% per annum above the base rate of (National Westminster Bank plc/Barclays Bank plc).
5.3 In addition where prices are quoted in currencies other than sterling, Buyer shall compensate Company for any currency losses suffered by Company as a result of Buyer's failure to pay for products by the due date.
6 RISK AND PROPERTY
6.1 Risk of damage to or loss of the Goods are delivered to or collected by the Buyer or its agent.
6.2 Notwithstanding risk in the Goods passing in accordance with Clause 1 hereof title in the Goods shall not pass to the Buyer until payment has been received by the Company for the Goods and any other Goods supplied by the Company to the Buyer.
6.3 Until the title in the Goods passes to the Buyer the Buyer shall hold the Goods upon trust for the Company and shall keep the Goods separate from those of the Buyer and third parties and clearly The buyer is entitled to a cooling off period of 7 working days during which you have the right to cancel and get a full refund. Please note that it is your responsibility to pay for postage of items back to us with the exception of faulty products. All returns must be through prior arrangement via an email or by contacting customer services on 01482 377785 identified as the Company's property unless the Buyer uses or sells the Goods in the ordinary course of business in which case the Buyer shall hold the altered Goods or proceeds of sale upon trust for the Company.
6.4 When payment of any sum due to the Company from the Buyer becomes overdue or when the Buyer becomes insolvent goes into liquidation, has a winding up order made against it or has an administrator or administrative receiver appointed over its assets, income or any part thereof or enters into an arrangement with its creditors, all sums owed to the Company shall become immediately due and payable and the Company shall have the right to recover and resell the Goods and may enter upon the Buyer's premises by its servants or agents for that purpose.
7 PACKAGING
Packaging is included in the price and is not returnable unless otherwise stated on Company's order confirmation.
8 CLAIMS FOR LOSS OR DEFECT & REFUNDS
8.1 The Buyer shall inspect the Goods immediately upon delivery and shall within 7 days of receipt of invoice give notice in writing to the Company of any shortage, breakage, defect or any other matter or thing by reason whereof it is alleged that the Goods are not in accordance with the Contract.
8.2 All returns must be returned at your cost in their original packaging and condition with 7 days. Any items ordered as specials and made to your specification are exempt and will not be refunded.
8.3 The Goods in respect of which the Buyer makes any claim hereunder shall be preserved intact as delivered for a period of 21 days from notification of the claim within which time the Company or its Agents shall have the right to attend the Buyer's premises to investigate the complaint.
8.4 If the Buyer shall fail to give notice or to preserve the Goods as required pursuant to paragraphs 8.1 and 8.3 above
8.5 The buyer is entitled to a cooling off period of 7 working days during which you have the right to cancel and get a full refund. Please note that it is your responsibility to pay for postage of items back to us with the exception of faulty products. All returns must be through prior arrangement via an email or by contacting customer services on 01482 377785
9 LIABILITY AND WARRANTIES
9.1 The Company warrants that the Goods are as described in the Company's current literature or confirmed in writing by the Company. Save as aforesaid all other conditions, guarantees or warranties whether express or implied by statute, common law or otherwise are hereby excluded, except to the extent that such exclusion is prevented by law.
9.2 The application, use and processing of the Goods is the absolute responsibility of the Buyer and the Buyer shall be deemed to have carried out its own tests to ensure the suitability of the Goods for their intended purposes and applications.
9.3 The Company's liability for any loss or damage including any consequent loss resulting from defective Goods or any act or default on the part of the Company, its servants or agents shall be limited to the price of the Goods through which the loss or damage arises.
9.4 Company shall not have any liability for any loss or damage (whether direct or indirect or consequential) howsoever suffered or incurred by Buyer arising out of Buyer's activities with Company's products and Buyer indemnifies Company against any and all losses, liabilities, claims, costs and expenses (including legal expenses) made against or incurred by Company in relation to any third party claims arising out of or in connection with the supply of Company's products.
10 SET OFF
The Buyer shall not be entitled to the benefit of any set off to which he might be otherwise entitled in law or in equity. All sums payable under this Contract will be payable under this Contract will be payable without deduction and the Company shall be entitled in the event of non-payment to obtain and enforce judgement thereon without any stay of execution pending the determination of any cross claims by the Buyer.
11 BREACH OF CONTRACT BY THE BUYER
The Buyer shall indemnify the Company in respect of any costs, charges, losses or expenses, including legal fees which the Company may sustain or incur as a result of the Buyer's breach of Contract.
12 PATENTS
The supply of Goods by the Company shall not confer or imply any right upon the Buyer to use any of the Company's trade marks or patents which shall at all times remain the property of the Company.
13 FORCE MAJEURE
The Company shall not be liable for any failure in the performance of the Contract due to war, strike, lockout or other trade dispute, fire, floods, explosions or shortage of raw materials or due to any other cause whatsoever beyond the control of the Company.
14 UNFAIR CONTRACT TERMS
The Company has drawn up these terms and conditions of sale in the light of the Unfair Contract Terms Act 1977 as amended and considers them to be fair and reasonable and its prices are based on Contracts made on these conditions. If the Buyer considers that these terms are unreasonable he must inform the Company in writing before any contract is made otherwise he will be deemed to have accepted the Company's conditions are fair and reasonable.
15 THE LAW
The terms of the Contract between Company and the Buyer shall be construed according to and subject to English Law and the Buyer agrees to submit to the jurisdiction of the English Courts.
| 
