TERMS & CONDITIONS
These conditions shall apply to any Contract (“the Contract”) between Weartrade Limited and the buyer being any persons, firm or company from whom Weartrade Limited receives an order for the manufacture and/or supply of any goods (“Goods”) be it placed verbally, in writing or transmitted electronically for the supply of goods.
No agent or employee of Weartrade Limited has authority to alter these terms save and unless specifically agreed in writing by a director of Weartrade Limited and with specific mention to the Purchase Order number or numbers and such changes are limited to those Purchase Orders noted..
The Order (“the Order”) constitutes a contract to purchase from Weartrade Ltd subject to these terms and conditions and without prejudice to clause 3 below, it is a term of acceptance of such order that any acceptance of the supply of goods following the date of the order shall be deemed to be an unconditional acceptance by the buyer of such order and these terms and conditions shall prevail over any additional or alternative terms of supply which the supplier purports to incorporate unless such additional terms have been agreed in writing by a director of Weartrade Limited as aforesaid prior to the dispatch of goods.
No terms save for the terms and conditions contained herein shall be implied or otherwise incorporated into the contract between the parties whether as a result of any previous course of dealing between the parties or by way of collateral contract or otherwise.
These terms and conditions of purchase shall take precedence over and supersedes any previous terms and conditions of Weartrade Limited.
All goods will be invoiced and are liable to be paid within thirty days of the date of invoice unless alternative arrangements have been made prior to the dispatch of any goods. Weartrade Ltd reserves the right to charge a late payment fee and charge interest at 7% over base on any invoices that remain unpaid after the agreed payment period has passed.
Goods will remain the property of Weartrade Ltd until such time that invoices are paid and funds cleared into the account of Weartrade Ltd.
Weartrade Ltd or its agents shall not be hindered or refused entry to the customer’s premises to recover goods owned by Weartrade and where the invoices for such and any goods have remained unpaid for in excess of 60 days.
Payment for the supply of goods shall not be withheld pending credit or the resolution of any dispute unless the payment withheld is solely for the goods awaiting credit or accepted by Weartrade Ltd as subject to dispute.
The buyer accepts that any and all costs incurred by Weartrade Ltd in the recovery and any attempt at the recovery of overdue amounts from the buyer will be recoverable from the buyer in full including any administrative and legal charges that may be incurred.
Weartrade Limited shall be under no liability to accept orders for the supply of any goods unless and until Weartrade Limited have confirmed availability of such goods and these terms have been accepted in full by the buyer.
Weartrade Ltd reserves the right to refuse to supply any order without stating any cause or reason.
Weartrade will dispatch goods to all UK mainland addresses and overseas addresses under the condition that the overseas addressee is liable for any and all import duty’s and taxes that may arise as a consequence of the supply.
Weartrade Ltd will not be responsible in any case for refusal of entry of goods at any destination or for any costs associated with gaining clearance for such goods. No refund or credit will be issued for orders that are refused entry at any overseas destination.
4. DELIVERY DATES
Forward delivery dates will be quoted in good faith and Weartrade Ltd will make every attempt to fulfil orders within any and all dates given. The liability of Weartrade Ltd is restricted to the value of goods supplied and no additional or consequential costs will be accepted as due from Weartrade whatsoever.
Where good shave not been delivered in line with indications, Weartrade will make every effort to make the goods available as quickly as possible, including the use of air freight and express delivery routes. Where a buyer has documentary evidence of unfulfilled sales, Weartrade Ltd will with the buyers agreement dispatch directly to the final customer at their cost.
5. ORDER PACKING
All Orders are to be packed and sorted in line with current Weartrade Ltd practice and carry the Weartrade standard labelling and descriptions. Any requirement other than our standard packaging can be accommodated if Weartrade Ltd is informed at or shortly following the confirmation of any order. Significant changes in sorting and packing may incur additional warehouse charges,
6. Advice notes detailing the contents of any consignment will be sent with the order, a corresponding invoice may be contained within the order shipped or sent by post or by electronic means.
7. Goods will be delivered subject to availability at the time of packing and shall be shipped by a carrier selected by Weartrade Ltd.
8. Any claims by the buyer for defects will be made in writing within 7 days of delivery.
9. Should any goods need to be returned, Weartrade Ltd must be informed beforehand and accept the return of such goods before dispatch. Goods returned by the consumer as faulty will be credited once the goods have been returned for inspection and accepted by Weartrade Ltd. Goods should be returned by a traceable service, and the reasonable cost of returned goods will be credited to the buyer. Goods sent by any other service and not received will not be credited; proof of dispatch will not be accepted as proof of delivery.
The range of goods supplied will be agreed between the buyer and Weartrade Ltd.
The full range of goods sold at any time by Weartrade Ltd may be subject to supply restrictions and/or limited exclusivity arrangements and the supply of goods may be restricted to certain geographical areas or limited by style of retailer.
Goods shall be marked with the “Peony” brand where suitable; “Peony” is the registered trademark of Weartrade Ltd and may not be reproduced or advertised without the express permission of Weartrade Ltd. Images provided by Weartrade Ltd or available through any website managed by Weartrade Ltd are subject to copyright and may not be downloaded or re-produced for commercial use without the express permission of Weartrade Ltd.
11. BRANDING & TRADEMARKS
The use of the “Peony” name is permitted in so much as it is used to promote goods supplied to the buyer so long as the buyer is holding stock of such goods and such goods have been supplied only by Weartrade Ltd
Weartrade will supply goods to customers marked with the customers own brand or trade marks where requested and agree not to use these marks in promotion of its own brand.
Any and all disputes regarding the discharge of liabilities subject to these terms and conditions that can not be resolved between the parties shall be finally settled by submission to the jurisdiction of the English Courts under the law of England and Wales.
If any provision of these conditions is held by any competent authority to be invalid, illegal or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.
13. EXCLUSIVITY OF SUPPLY
Exclusivity of supply in any given area is not guaranteed, while we make every attempt to manage supply within a given geographical area no guarantee can be given that goods will not be sold locally. We will give assurance, where an account is deemed to have sufficient commercial potential that we will limit the number of accounts we will supply within a given area for the season in which the supply of goods has been requested.
Weartrade Ltd can not control the distribution of goods once delivered or the distribution of clearance or out of range stock.
All matters between the buyer and the seller are confidential and neither party will reveal details of any trading to any other party unless obligated to do so by a duly constituted authority or by a court order. In the event of any authorised body requiring details, both the seller and the buyer will comply fully.
15. Information transferred by fax or e-mail will have legal force and constitute the requirement for “in Writing” as defied in these terms & conditions.
16. Proof of delivery of any item, document or sample will constitute acceptance by either party unless communication to the contrary is received within 21 days.
17. All changes to these terms and conditions must be in writing and authorised by the relevant director on ether side.
18. All previous agreement between the parties is superseded by these Terms & Conditions, no other terms and conditions can be applied to this purchase Order without agreement in writing by both parties.
19. Our Registered Office Address is : C/O Green & Peter LLP 1339 High Road, whetstone, London N20 9HR.
HEADINGS the headings used herein are for the convenience of the parties alone and in no way define or limit the scope of these terms and conditions.