STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF Dandelion Den
In these Terms and Conditions of sale, the following expressions have the following meanings
“we”, “us”, “our” “Seller” means Dandelion Den
“Buyer” means the person who buys or agrees to buy the goods from the Seller
“Goods” means the goods to be supplied by us or where the context permits, the services performed by us
“Terms” means the terms set out in this document together with any additional terms agreed in writing and signed by an Authorised Signatory
“Authorised Signatory” means a person authorised by us to sign on our behalf
“Contract” means the contract fort he supply of the goods incorporating these Terms
“Price” mean the price of the Goods excluding carriage, packaging and VAT.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1.1 Price estimates require confirmation by the Seller before the Buyer places an order
3.1.2 The price of the Goods shall be that stipulated in the Seller’s current List Price/on the Seller’s website/as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties.
3.1.3 Prices quoted are those ruling at the date of Quotation or the date of despatch of the Goods, as the case may be, and the Seller may revise the same at any time without notice before acceptance by the Buyer and in any even prices quoted shall not be binding on the Seller for more than five days after the date of Quotation to the Buyer unless otherwise confirmed in writing at the time of the Quotation.
3.1.4 Fixed prices cannot be quoted except so far as the Seller can obtain corresponding cover at its buying price from the manufacturer. If because of delay in placing an order for actual delivery, the manufacturers price to the Seller is increased it reserves the right to revise its Quotation based on any increased cost accrued.
3.1.5 Where before delivery the Goods become subject to Customs Duty, Value Added Tax or any other tax surcharge under any Act of Parliament or Regulation or to any amount payable under the European Communities Act or enactments or regulations thereunder in excess of the sum allowed for such liabilities in the Sellers Quotation of price for the Goods, such extra charge will be charged to and payable by the Buyer in addition to the quoted price.
3.1.6 The Sellers Quotation is made at prices applicable to quantities specified. In the event of the whole order as quoted not being placed with the Seller it reserves the right to revise prices in respect of the Goods actually supplied.
A minimum Deposit of 10% (or at the Sellers discretion 100%) of the Price plus delivery and packaging charges and VAT is required when an order is placed
3.3.1 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before despatch of the Goods.
3.3.2 If the buyer has an established credit account with the Seller in operation at the time of the Contract for Sale of Goods then payment of the Price and VAT shall be due on the last working day of the month following the end of the month in which the Goods are Delivered
3.3.3 Interest on overdue invoices shall accrues from the date when payment becomes due from day to day until the date of payment.
3.3.4. If the buyer fails to make any payment on the dues date then without prejudice to any of the Sellers other rights the Seller may suspend or cancel deliveries of any articles due to the Buyer and/or appropriate any payment made by the Buyer for such of the Goods (or goods supplied under anyother Contract with the Buyer) as the Seller may in its sole discretion think fit.
4 THE GOODS
The quantity and description of the Goods shall be as set out in the Sellers Estimate or Quotation (as the case my be)
5 Warranties and liability
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
6.2 All Goods, wherever possible, will be delivered within 30 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
7 TITLE AND RISK
7.1 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7.2 In Spite of delivery having been made property in the goods shall not pass from the Seller until the Buyer shall have paid the Price and delivery charges plus VAT in full and /or no other sums whatever shall be due from the Buyer to the Seller
7.3 Until property in the Goods passes to the Buyer in accordance with clause 7.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The buyer shall store the Goods (at no cost to the seller) separate from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property
7.4 Notwithstanding that the Goods remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full marker value for the account of the Seller. Any such sale or dealings shall be a sale or ise of the Sellers property by the Buyer or the Buyers own behalf and the Buyer deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust fort he Seller and shall not be mixed with other money or paid into any overdrawn bank account and shll be at all material times identified as the Sellers money
7.5 The Seller shall be entitled to recover the Price and delivery charges plus VAT notwithstanding that property in any of the Goods has not passed from the Seller
7.6 Until such time as property in the Goods passes from teh Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller amy enter up on any premises owned occupied or controlled by the Buyer where the Goods are situated and reposses the Goods. On the making of such request the right of the Buyer under clause 7.4 shall cease
7.7 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable
8 CANCELLATION AND RETURNS
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
8.1.1 The Buyer shall be deemed to have accepted the Goods 24hours after delivery to the buyer
8.1.2 After acceptance the Buyer shall not be entitled to reject Goods which re not in accoradnce with the Contract.
8.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
8.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
9.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11 SALES PROMOTION DOCUMENTS AND SPECIFICATIONS
Whilst we try to take every precaution in the preparation of our sales promotion literature and price list, these documents are for guidance only and the particulars contained in them shall not constitute representation by us and we shall not be bound by them
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.