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Terms & Conditions
- a) On the basis of these terms and conditions the Seller agrees to sell and the Buyer agrees to purchase the quantity if goods at the price per item stipulated in the Seller’s confirmation of the order (“the Confirmation”) such goods to be delivered on the delivery date(s) as stated in the Confirmation (but subject as provided in these terms and conditions).
- b) These terms and conditions shall have effect notwithstanding any terms and conditions notified at any time by the Buyer and so that any variation of these terms and conditions shall not have effect unless the variation shall be agreed in writing by the Seller.
- The Contract between the parties shall only arise upon the date when the Seller shall post or otherwise transmit the Confirmation to the Buyer.
- The price for the goods is exclusive of any applicable value added tax (“VAT”) and the Buyer shall additionally pay to the Seller VAT.
- Delivery of the goods shall be made by the Seller to the Buyer’s carrier or to the delivery address stipulated in the Confirmation.
- The Seller shall be entitled to deliver the goods by instalments.
- Any dates stated in the Confirmation for the delivery of goods are approximate only and the Seller shall not be liable for any delay in the delivery of the goods howsoever caused and so that time for delivery shall not be of the essence.
Payment for Goods
- Payment for the goods (or for any instalment thereof) shall be made within seven days after the sending of the invoice by the Seller to the Buyer and so that the Seller shall be entitled to send an invoice upon the earlier of the date when the Seller is ready, willing and able to deliver the goods (or any instalment thereof) provided however the Seller shall not be entitled to send any invoice until the delivery date stated in the Confirmation.
Risk and Property in the Goods
- The risk of damage to or loss of the goods shall pass to the Buyer when the goods are delivered to the Buyer or to such other person as the Buyer has stipulated.
- Notwithstanding the passing of risk in the goods the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment of the price of all other goods sold by the Seller to the Buyer for which payment is then due. Until such time as the property in the goods shall pass to the Buyer the Buyer shall hold the goods as the Seller’s agent and bailee and shall keep the goods separate from the goods of the Buyer and other persons and shall properly store protect and insure and identify the same as the Seller’s property. The Seller shall be entitled at any time to require the Buyer to deliver the goods to the Seller and if the Buyer fails to do so forthwith the Seller shall be entitled to enter upon the premises of the Buyer where the goods are stored and repossess the goods.
- Any claim by the Buyer (which is based on any defect in the quality or condition of the goods and / or on their failure to correspond with samples) shall (whether or not delivery is refused by the Buyer) be notified to the Seller in writing within seven days from the date delivery is made or tendered or if applicable the date when the goods are available for delivery (which ever is the earlier date).
- If, for whatever reason the Buyer shall not accept delivery of the goods or some of them or if the Buyer shall reject the goods or some of them without prejudice to any right or remedy of the Seller the Seller shall be entitled to sell such goods to any person and the Buyer shall not be entitled to object to such sale.
- If the Buyer shall fail to take delivery of the goods or any of them shall fail to give adequate delivery instructions or if the Buyer shall fail to make any payment on the due date or if the Buyer shall be in breach of any of these terms and conditions then without prejudice to any other right or remedy of the Seller the Seller shall be entitled to exercise one or more of the following rights and remedies:
- a) Store the goods and charge the Buyer for the costs (including insurance) of such storage.
- b) Sell the goods and retain the proceeds of the sale.
- c) Cancel the contract or any other contract with the Buyer.
- d) Suspend further delivery of any goods ordered by the Buyer.
- e) Appropriate any payment made by the Buyer to any outstanding obligations of the Buyer to the Seller as the Seller shall decide.
- f) Charge interest on any amount unpaid on the due date at the rate of 4% per annum above NatWest Bank plc base rate from time to time from the due date until actual payment.
- Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation nor shall the Seller be liable to the Buyer in any circumstances for any consequential loss or damage (whether the same be the loss of profit or otherwise and howsoever the same shall arise or be caused) nor for any costs expenses or other claims for consequential compensation or loss whatsoever (howsoever the same shall arise) out of or in connection with the same supply and / or sale of the goods (or any of them) by the Buyer and / or by any other person.
- The Seller shall not be liable to the Buyer nor shall the Seller be deemed to be in breach of the contract or any of these terms and conditions by reason of any delay in performing or any failure to perform any of the Seller’s obligations if the failure or delay is due to any cause beyond the Seller’s reasonable control.
- Subject as expressly provided in these terms and conditions and except where the goods are sold by the Seller to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions and terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
- Without prejudice to clauses 15, 16 and 17 in no circumstances shall the Seller’s liability to the Buyer (in the event of any claim by the Buyer against the Seller) be greater than the excess of the cost of the Buyer (in the cheapest available market) of purchasing similar goods over the price of the goods which would otherwise be payable by the Buyer to the Seller.
- Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to the other party at its registered office or principle place of business or to such other address as may be notified in writing by that other party. Any notice shall be sent by first class post and a copy thereof shall be sent by fax as soon as practicable.
- No waiver by the Seller of any breach of any provision of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these terms and conditions is held by any competent Court or authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
- This contract shall be construed and have effect according to the laws of Scotland and the parties hereto submit to the non-exclusive jurisdiction of the Scottish Courts.
- The Buyer may return unused goods for full credit to the Seller up to 30 days after delivery, so long as they are not made to order, tabbed or personalised in any way, have not been worn, or altered in any way, are still in the original packaging and otherwise fit to be returned to stock.
- The Seller will not provide any refunds or credit for non-defective goods more than 30 days after the date of delivery. The Seller reserves the right to charge you a re-stocking charge to cover our reasonable costs for dealing with and restocking any goods returned after the 30 day period.
- Where faulty goods are returned for replacement, the Seller reserves the right to credit or refund their price instead of replacing them.
- Where returning goods, the Buyer must retain proof of postage until the Seller supplies the Buyer with a credit note confirming that the Seller has received the returned goods.
- Subject to paragraph 28, the Buyer has the additional right to cancel any order without charge at any time up to the eighth working day after they have received the goods. This right may be exercised by informing the Seller in writing within that period that the Buyer does not wish to proceed with the order, and returning any goods delivered.
- Paragraph 27 does not apply to any goods which have been made to order or personalised in any way.
- The Buyer may request a refund to the Buyer’s card or bank account. To request a refund send your WS Bespoke order number to us using our contact form. Include the words ‘Refund request’ in the subject of the e-mail.
- Headings are for convenience only. If the Buyer shall be two or more persons the obligations of the Buyer shall be joint and several.