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Quo Vadis UK Limited trading as DickiesStore
A Distributor for Williamson-Dickie Manufacturing Company UK Ltd. HEAD OFFICE: DickiesStore Unit 4, High Holborn Road Codnor Gate Industrial Estate Ripley DE5 3NW (Postal Address Only) .
REGISTERED OFFICE: 3 Derby Road, Ripley, DE5 3EA.
Quo Vadis UK Limited is a Distributor for Williamson-Dickie Manufacturing Company UK Ltd.
GENERAL TERMS AND CONDITIONS OF SALE
1. INTERPRETATION AND APPLICATION
INTERPRETATION
'Acknowledgement of Order' means any acknowledgement issued by the Company of an order for goods placed by the Customer.
'Company' means Quo Vadis UK Limited trading as DickiesStore.
'Conditions' means these General Terms and Conditions of Sale.
'Contract' means the contract, however made, between the Company and the Customer for the supply of the Goods.
'Customer' means the person, firm or Company with whom the Company contract to supply the Goods.
'Delivery Address' means such, if any, address as appears as such on any acknowledgement of Order which may be issued by the Company, and if none is issued or specified, such address as may have been agreed by the Company for the purpose for delivery.
'Goods' means any goods, materials or services supplied by the Company to the Customer.
'Incoterms' means the standard international trading terms drafted by the International Chamber of Commerce which came into force on 1st January 2011.
'Non-Stock Products' means Goods which are not included in the Company's current catalogue or are otherwise altered, manufactured, modified or embroidered to the Customer's specific requirements.
'UK Mainland' means the mainland of England, Scotland and Wales and, for the avoidance of doubt, excludes Northern Ireland and all offshore islands.
'Parties' means the Company and the Customer.
'Writing' includes facsimile transmission and comparable means of written communication including e-mail.
Where the context so admits any reference in the Conditions to the singular shall include the plural and vice versa and any reference to gender shall include the masculine and/or feminine as the case may be.
The headings in these Conditions and in any other Conditions agreed by the Company are for convenience only and shall not affect their interpretation.
APPLICATION
These Conditions apply to all sales of Goods by the Company to the Customer and shall apply in place of and prevail over any terms or conditions contained or referred to in the Customer's order or in correspondence or elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in Writing by a director or other authorised representative of the Company and any purported provisions to the contrary are hereby excluded or extinguished. The Customer's acceptance of any deliveries of Goods from the Company shall be conclusive evidence of the application of the Contract to such Goods.
Any typographical, clerical or other error or omission in any sales literature, catalogue, website, quotation, price list, acceptance or offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company. Any waiver or breach of these Conditions shall not prejudice the Company's rights in respect of any subsequent breach.
2. ORDERS
2.1 The publication of a website, catalogue or price list by the Company constitutes an offer as a quotation capable of acceptance by the Customer within such period as may be specified by the Company in the quotation or, if none is specified, within 48 hours of the date of the quotation and the Company reserves the right to withdraw or revise any quotation at any time prior to the Company's acceptance of the Customer's order.
2.2 The Company's acceptance of the Customer's order shall be effective only where such acceptance is made by an authorised representative of the Company. Where the Company issues an Acknowledgement of Order, unless the Customer notifies the Company in Writing within 48 hours that any of the particulars given in it are incorrect, the Customer shall be deemed to have accepted that the particulars set out in it are complete and accurate.
2.3 If no quotation or Acknowledgement of Order is given by the Company but the Company has received an order from the Customer, then provided that the Customer shall have had notice of these Conditions, the Goods are supplied and all work is done on and subject to these Conditions alone.
3. PRICES
3.1 The price of the Goods shall be the amount contained on the Company's website or current printed price list.
3.2 As of June 2010 our Delivery charges are £4.95 plus VAT per Delivery - free of charge (FOC) on Orders over £60.00 (ex VAT). Standard Delivery is usually 1 to 3 business days for the mainland United Kingdom (please allow longer for Islands & Highlands). Please note: Unless otherwise stated we only deliver to the United Kingdom, Isle of Man, Channel Islands and the Republic of Ireland.
3.3 Provision and production of samples which is carried out at the Customer's request shall be charged for at the Company's current rates, details of which are available on request.
3.4 Subject to any special terms agreed in Writing between the Customer and the Company, the Company shall be entitled to invoice the Customer for the price of the Goods and any other amounts payable by the Customer in relation to the Goods on receipt of order or at any time after delivery of the Goods.
4. DELIVERY
4.1 Only United Kingdom, Isle of Man, Channel Islands and the Republic of Ireland delivery is offered and delivery of the Goods shall be made by the Company delivering or arranging for delivery of the Goods in one consignment to one address specified by the Customer.
4.2 Delivery dates mentioned in any quotation, Acknowledgement of Order or elsewhere are approximate only and not of any contractual effect. The Company shall not be under any liability to the Customer in respect of any failure to deliver on any particular date or dates. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice where possible to the Customer.
4.3 If our couriers advise us they are unable to deliver we will contact you. If you do not advise us of new delivery instructions within 30 days we will refund your money (excluding postage).
4.4 Unless otherwise expressly agreed in Writing by a duly authorised person on behalf of the Company, the Company may affect delivery of the Goods in one or more instalments.
5.TITLE AND RISK
5.1 Risk of or damage to or loss of the Goods shall pass to the Customer at the time of delivery.
5.2.1 The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the agreed price together with the full price of any goods the subject of any other contract with the Company.
5.2.2 Until such payment the Customer shall be in possession of the Goods solely as bailee for the Company and in a fiduciary capacity and (i) shall maintain the Goods in a satisfactory condition and keep them insured for their full price against all risks; (ii) shall store the Goods (at no cost to the Company) in such a way as to enable them to be identified as the property of the Company; and (iii) shall not destroy, obscure or deface any identifying mark or packaging on or in relation to the Goods.
5.2.3 The Customer shall be at liberty and may in the ordinary course of its business sell and deliver the Goods or any product produced with the Goods to any third party as principal but holding the proceeds of sale as the Company's bailee and in a fiduciary capacity.
5.2.4 The Company reserves the immediate right of repossession of any Goods to which it has retained title as aforesaid and thereafter to re-sell the same and for this purpose the Customer hereby grants an irrevocable right and licence to the Company's servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of the Contract for any reason and is without prejudice to any accrued rights of the Company thereunder or otherwise.
6.THIRD PARTY RIGHTS
6.1 If the customer asks the Company to quote for/supply an embellishment of a branded logo the Customer will be asked for confirmation they have the authority to use it.
6.2 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
7. SPECIFICATIONS AND INFORMATION
Unless expressly agreed in Writing by the Company all descriptions, images, samples, colours and particulars of Goods, all materials used in and weights and dimensions specified by the Company or submitted by the Company are for giving an approximate idea only and they will not form part of this Contract and it will not be a sale by sample and the Company shall have no liability in respect of any deviation therefrom. The Company reserves the right to make any changes in any of the foregoing for whatever reason.
8. LIABILITY
8.1 The Company shall not be liable to the Customer:-
8.1.1 for shortages in quantity delivered unless the Customer notifies the Company in writing of any claim for short delivery within 48 hours of receipt of the Goods;
8.1.2 for damage to the Goods or any part thereof in transit (where the Goods are carried by the Company's own transport or by carrier on behalf of the Company) unless the Customer shall notify the Company in Writing of any such claim within 48 hours of receipt of the Goods;
8.1.3 for alleged non-delivery of the Goods unless notice to that effect is given by the Customer to the Company in Writing within 48 hours of notification of despatch;
8.1.4 for defects in the Goods caused by fair wear and tear, abnormal conditions of storage or abnormal working conditions, wilful damage, negligence, failure to follow the Company's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Company's prior written approval;
8.1.5 for other defects in the Goods unless notified to the Company within 14 days of receipt of the Goods by the Customer or where the defect would not be apparent on reasonable inspection within 1 month of delivery.
8.2.1 Where liability is accepted by the Company under Condition 8.1 the Company's only obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate to replace or repair any of the Goods found to be damaged or defective and/or to refund the cost of any such Goods to the Customer.
8.2.2 The Company's aggregate liability to the Customer shall in no circumstances exceed the cost of the defective, damaged or undelivered Goods which gave rise to such liability as determined by the nett price invoiced to the Customer in respect of any occurrence or series of occurrences.
8.3 Except as expressly provided in these Conditions and in relation to Contract with persons dealing as consumers (within the meaning of the Unfair Contract Terms Act 1977) all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the Goods are hereby excluded and the Company shall be under no liability to the Customer for any loss, damage or injury direct or indirect (including without prejudice to the generality of the foregoing) consequential loss or damage, whether for loss of profit or otherwise resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Company its employees or agents SAVE THAT nothing in these Conditions excludes or limits the Company's liability for fraud or fraudulent misrepresentation or any other matter where it would be illegal to exclude or to attempt to exclude liabilities.
8.4 The Company shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the Supply of the Goods by the Company being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Company's reasonable control including but not limited to act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of Goods or of raw materials therefore by the Company's source of supply or the manufacture of the Goods by the Company's normal means, or the delivery of the Goods by the Company's normal route or means of delivery. If due to such circumstances or events the Company has insufficient stocks to meet all its commitments the Company may apportion available stocks between its customers at its sole discretion.
9. INSOLVENCY AND DEFAULT
9.1 This Condition applies in the following circumstances:-
9.1.1 the Customer is in breach of any of the terms hereof and (if such breach is remediable) fails to remedy such breach within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or
9.1.2 an encumbrancer takes possession or a receiver and/or manager, administrator or administrative receiver is appointed over any of the property, undertaking or assets of the Customer; or
9.1.3 the Customer makes any voluntary arrangement with its creditors or becomes subject to an Administration Order;
9.1.4 the Customer goes into liquidation (except for purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on the Customer under this Agreement) or has a bankruptcy order made against him or makes an arrangement or composition with his creditors or takes the benefit of any provision for the relief of insolvent debtors;
9.1.5 anything analogous occurs to any of the foregoing under the law of jurisdiction in relation to that other party;
9.1.6 the Customer ceases, or threatens to cease, to carry on business; or
9.1.7 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
9.2 If this Condition applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled without any liability to the Customer to stop any of the Goods in transit and/or suspend further deliveries and/or by notice in Writing to the Customer terminate the contract and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10. GENERAL
10.1 Failure by the Company to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
10.2 The Contract shall be governed by and construed in accordance with the Laws of England and the parties hereby submit to the jurisdiction of the English court.
11. GOODS OUTSIDE STOCK RANGE
Goods supplied to order which are modified or produced to customers own specified requirements are NON-RETURNABLE.
12. GOODS RETURNED FOR CREDIT
12.1 We will refund you, or replace any item returned to us within 14 days of receipt, in as new condition, unused and in original packaging including all labels and tags etc. Postage to cover the cost of returning goods, for exchange or refund, is the responsibility of the Customer. We can arrange a collection on your behalf for a small fee so please call for details. Please clearly label all returns to 'Returns Department'. You should also remember to include your name, address, daytime telephone number and a covering letter explaining why you are returning goods and what you would like us to do; exchange or refund? With any returns (we reserve the right not to refund any item returned that is not in new condition or after the 14 day period).
12.2 Although debits are a rapid transaction by Payment Service Providers, please allow 10 working days for your account to be credited. This is due to the process of refunding and not any delay on our part.
13. CANCELLATIONS
You have the right to cancel your purchase 7 working days after the day on which you receive the goods. You must tell us in writing of your decision to cancel, either by letter, fax or e-mail. We ask that you return the goods to us at your expense. You can decide what method to use but we recommend you obtain proof of postage. You must return any products to us within 14 days of the date the items are delivered to you.
There will be no exceptions to the above arrangements. If further clarification is required please contact our sales office.
Quo Vadis UK Limited trading as DickiesStore
A Distributor for Williamson-Dickie Manufacturing Company UK Ltd. HEAD OFFICE: DickiesStore Unit 4, High Holborn Road Codnor Gate Industrial Estate Ripley DE5 3NW (Postal Address Only) .
REGISTERED OFFICE: 3 Derby Road, Ripley, DE5 3EA.
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