
TERMS AND CONDITIONS
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Buyer means the person who buys or agrees to buy the goods
from the Seller. Conditions means the terms and conditions of sale set
out in this document and any special terms and conditions agreed in writing
by the Seller. Goods means the articles, which the Buyer agrees to buy
from the Seller. Price means the price for the Goods excluding carriage,
packing, insurance and VAT. Seller means Printwell (UK) Ltd, Windsor House 26 Willow Lane, Mitcham Surrey CR4 4NA
Registered in England No 2648874 VAT No 574 3040 54.
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1.1. These Conditions shall
apply to all contracts for the sale of Goods, by the Seller to the Buyer
to the exclusion of all other terms and conditions including any terms
or conditions which the Buyer may purport to apply under any purchase
order confirmation of order or similar document.
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1.2. All orders for
Goods shall be deemed to be an offer by the Buyer to purchase Goods
pursuant to these Conditions.
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1.3. Acceptance of
delivery of the Goods shall be deemed conclusive evidence of the Buyer's
acceptance of these Conditions.
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1.4. Any variation
to these Conditions (including any special terms and conditions agreed
between the parties) shall be inapplicable unless agreed in writing
by the Seller.
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2.1. The Price of the Goods
shall be the Seller's quoted price, which shall be binding upon the
Seller. The Price is exclusive of VAT, which shall be due at the rate
ruling on the date of VAT invoice.
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2.2. Interest on overdue
invoices shall accrue from the date when payment becomes due from day
to day until the date of payment at a rate of 10% above LloydsTSB base
rate from time to time in force and shall accrue at such a rate after
as well as before any judgement.
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No information or data
collected through this site will be supplied to any third party.
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The Seller warrants that
the Goods will at the time of delivery correspond to the description
given by the Seller, except where the Buyer is dealing as a consumer
(as defined in the Unfair Contract Terms Act 1977 Section 12) all other
warranties, conditions or terms relating to fitness for purpose, merchantability
or condition of the Goods and whether implied by statute or common law
or otherwise are excluded.
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Delivery of the Goods shall
normally be made to the buyer's address or as specified in the online
delivery details. Delivery will be made by National courier - next
working day.
Goods that are "stocked items" will be dispatched within 48 hours of receipt of online order.
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All adhoc personalised items will be dispatched within 14 days of order receipt.
The Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for
delivery.
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5.1. The Seller shall
not be liable for any loss or damage whatever due to failure by the
Seller to deliver the Goods (or any of them) promptly or at all.
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5.2. Notwithstanding
that the Seller may have delayed or failed to deliver the Goods (or
any of them) promptly the Buyer shall be bound to accept delivery and
to pay for the Goods in full provided that delivery shall be tendered
at any time within 8 weeks of the date of the Buyer's order.
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6.1. The Buyer shall be deemed
to have accepted Goods after delivery to the buyer.
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6.2. After Acceptance
the Buyer shall not be entitled to reject Goods, which are not in accordance
with the contract.
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7.1. The Goods shall be at
the Buyer's risk as from delivery.
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7.2. In spite of delivery
having been made property in the Goods shall not pass from the Seller
until:
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7.2.1. the buyer shall
have paid the Price plus VAT in full; and
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7.2.2. no other sums
whatever shall be due from the Buyer to the Seller.
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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)
separately from all other goods in its possession and marked in such
a way that they are clearly identified as the Seller's property.
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7.4. Notwithstanding
that the Goods (or any of them) remain the property of the Seller the
Buyer may sell or use the Goods in the ordinary course of the Buyer's
business at full market value for the account of the Seller. Any such
sale or dealing shall be a sale or use of the Seller's property by the
buyer on the Buyer's own behalf and the Buyer shall 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 for the Seller and shall not be mixed with other
money or paid into any overdrawn bank account and shall be at all material
times identified as the Seller's money.
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7.5. The Seller shall
be entitled to recover the Price (plus VAT) notwithstanding that property
in any of the Goods has not passed from the Seller.
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7.6. Until such time
as property in the Goods passes from the 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 may
enter upon any premises owned occupied or controlled by the Buyer where
the Goods are situated and repossess the Goods. On the making of such
request the rights of the Buyer under clause 7.4 shall cease.
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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, if the Buyer does so all sums whatever
owing by the Buyer to the Seller shall forthwith become due and payable.
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7.8. The Buyer shall
insure and keep insured the Goods to the full Price against 'all risks'
to the reasonable satisfaction of the Seller until the date that property
in the Goods passes from the Seller, and shall whenever requested by
the Seller produce a copy of the policy of insurance. Without prejudice
to the other rights of the Seller, If the Buyer fails to do so all sums
whatever owing by the Buyer to the Seller shall forthwith become due
and payable.
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8.1. Where the Buyer
rejects any Goods then the Buyer shall have no further rights whatever
in respect of the supply to the Buyer of such Goods or the failure by
the Seller to supply Goods which conform to the contract of sale.
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8.2. Where the Buyer
accepts or has been deemed to have accepted any Goods then the Seller
shall have no liability whatever to the Buyer in respect of those Goods.
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8.3. The Seller shall
not be liable to the Buyer for late delivery or short delivery of the
Goods.
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8.4. The Seller shall
be under no liability whatever to the Buyer for any indirect loss and/or
expense (including loss of profit) suffered by the Buyer arising out
of a breach by the Seller of this contract.
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8.5. In the event of
any breach of this contract by the Seller the remedies of the Buyer
shall be limited to damages. Under no circumstances shall the liability
of the Seller exceed the Price of the Goods.
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8.6. All warranties
and conditions whether implied by statute or otherwise are excluded
from this contract Provided that nothing in this contract shall restrict
or exclude liability for death or personal injury caused by the negligence
of the Seller affect the statutory rights of a buyer dealing as consumer.
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Goods can only be returned
if they are generic standard items.
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These items can be returned
within 24 hours of signing with a cancellation fee of £25.00 plus a
carriage charge if the Seller collects.
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Personalised items cannot be returned.
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Your statutory rights remain un affected.
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Any notice required to be
served pursuant to this contract of sale shall be in writing and served
by special delivery or by hand on the Seller at 26 Willow Lane, Mitcham Surrey CR4 4NA., or such other address as the Seller may from
time to time notify to the Buyer and on the Buyer at the Buyer's registered
office or principal place of business.
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11. Insolvency and other
default of the Buyer If the Buyer fails to make payment for the Goods
in accordance with this contract of sale or commits any other breach
of this contract of sale or if any distress or execution shall be levied
upon any of the Buyer's goods or if the Buyer offers to make any arrangement
with its creditors or commits an act of bankruptcy or if any petition
in bankruptcy is presented against the Buyer or the Buyer is unable
to pay its debts as they fall due or if being a limited company any
resolution or petition to wind up the Buyer (other than for the purpose
of amalgamation or reconstruction without insolvency) shall be passed
or presented or if a receiver administrator administrative receiver
or manager shall be appointed over the whole or any part of the Buyer's
business or assets or if the Buyer shall suffer any analogous proceedings
under foreign law all sums outstanding in respect of the Goods shall
become payable immediately. The Seller may in its absolute discretion
and without prejudice to any other rights which it may have exercised
any of its rights pursuant to clause 7.
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11.1. Set-Off and Counterclaim
The Buyer may not withhold payment of any invoice or other amount due
to the Seller by reason of any right of set-off or counterclaim which
the Buyer may have or allege to have or for any reason whatsoever.
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11.2. Headings All
headings are for ease of reference only and shall not affect the construction
of this contract.
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11.3. Severance Any
provision of this contract, which is or may be void or unenforceable
shall to the extent of such invalidity or unenforceability be deemed
severable and shall not affect any other provision of this contract.
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11.4. Waiver No waiver
or forbearance by the Seller (whether express or implied) in enforcing
any of its rights under this contract shall prejudice its right to do
so in the future.
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11.5. Force Majeure
Neither party shall be liable for any default due to any act of God,
war, strike, lockout, industrial action, fire, flood, drought, tempest
or other event beyond the reasonable control of either party.
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11.6. Proper Law of
Contract The parties submit to the exclusive jurisdiction of the courts
of England and Wales and irrevocably agree that proceedings issued out
of the said courts may without prejudice to the rules of service of
such courts be served on them by delivering such proceedings in an envelope
addressed to the party to be served at the address for such party set
out in this contract.
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11.7. Contracts (Rights
of Third Parties) Act 1999 The parties agree that no term of this agreement
may be enforced pursuant to the Contracts (Rights of Third Parties)
Act 1999 by a third party as defined therein.