Trading Terms & Conditions
In no circumstance will goods be accepted for return without prior consent. Goods can only be accepted for return upon receipt of a completed and signed ‘goods return form’. We do not accept goods back if:
- They are more than 2 months old from date of invoice.
- Have been cut or altered in any way from original order.
- For lengths of 10 meters or less.
Goods will only be considered for return if in good condition, as delivered, and have been stored and kept properly without damage.
Any goods accepted for return will be subject to all our terms and conditions with a minimum handling, administration and restocking charge of 20%. This will be advised once all information has been gathered.
Carriage/delivery back to us will be the responsibility of the sender or at £25 per parcel if we arrange collection.
The value of the goods will only be credited once we have received, inspected and confirmed that they are in an acceptable condition. We regret that the value of the goods returned to us will not be refunded under any circumstance.
It may be that due to high stocks or circumstances we cannot accept goods back immediately, if this is the case we will advise you when we are in a position to do so.
FABRIC COMPLAINT CLAIM PROCEEDURE & LIMITATIONS OF LIABILITY
Under ‘normal’ usage and with proper care, as detailed in the relevant product care guide, product issues are unlikely. However should a problem be identified we must be advised in writing immediately, we will require full completion of our ‘complaint form’ to allow us to investigate and assess any claim.
In line with normal trade practice goods are supplied on the condition that any liability arising from a fault, defect, description or fitness for purpose is limited to an amount not exceeding the original invoice value.
FORMATION OF CONTRACT
Any order sent to the Seller by the Buyer shall be accepted entirely at the discretion of the Seller, and, if so accepted, will only be accepted upon these conditions (“the conditions”).
Each order which is so accepted shall constitute an individual legally binding contract between the Seller and the Buyer and shall thereafter be referred to in these Conditions as an “Order”.
These Conditions shall override any contrary, different or additional terms or conditions (if any) contained on, or referred to in, an order from or other documents or correspondence from the Buyer, and no addition, alteration, or substitution of these terms (if any) shall bind the Seller, or form part of any Order, unless expressly accepted in writing by the Seller.
Subject to clause 6 below, all products supplied by the Seller shall be in accordance with (a) the description as per price list as published from time to time by the Seller; and (b) any further specification or description expressly accepted in writing by the Seller.
No other statement, description, oral representation, promotional or sales literature shall be incorporated into the Order.
The Seller reserves the right to alter yarns, fabric construction or dyeing techniques if the Seller reasonably considers that any such alteration is necessary or desirable in order to maintain or improve the quality and performance of its products.
DELIVERY & RISK
All products supplied by the Seller are at the risk of the Buyer from the time of delivery by the Seller.
Any time or date for delivery that may be provided by the Seller to the Buyer, although given in good faith, is an estimate only.
TITLE [AND PAYMENT]
Title to the Seller’s products comprised in each consignment of products to the Buyer shall not pass to the Buyer until the Buyer has paid in full the agreed price for such consignment to the Seller in accordance with the terms of the Order, but, even if title has not passed, the Seller shall be entitled to sue for the price of any products supplied to the Buyer once payment has become due.
LIMITATION OF LIABILITY
In no circumstances shall the Seller be liable in contract, tort (including, but not restricted to, negligence or breach of statutory duty) or otherwise, for any loss of profit or anticipated savings or revenues or business or for any other type of consequential loss or damage.
In any event, the Sellers liability to the Buyer in respect of the Order, in contract, tort (including negligence or breach of statutory duty) or otherwise, shall be limited to the price of the products specified in the Order.
EXCLUSION OF LIABILITY
After the products have been cut, incorporated into any other goods, or otherwise used, the Seller shall incur no liability, in contract, tort (including negligence or breach of statutory duty) or otherwise for any failure of the products to conform to any contractual specification of the products relating to: (1) design; (2) colour; (3) colour match; (4) length of material; or (5) type of material.
The Seller shall incur no liability whatsoever, in contract, tort (including negligence or breach of statutory duty) arising from any non-delivery, incomplete delivery, late delivery or any damage to the products, unless Buyer notifies the Seller of the same within 10 days of the date on which the Buyer receives the relevant invoice from the Seller.
UNFAIR CONTRACT TERMS ACT 1977
Nothing in these terms and conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller for any of the following:
(1) Death or personal injury caused by negligence of the Seller or of its servants or agents
(2) Fraud on the part of the Seller.
The Seller shall not be under any liability for any failure to perform any of its obligations under the Order to Force Majeure. Following notification by the Seller to the Purchaser of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.
For the purposes of the Order, “Force Majeure” means fire, explosion, flood, lightening, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
The Order shall be considered a contract made in England and shall be governed in all respects by the law of England and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.