All goods are sold by ( SFS TRADING ) (“the Seller”) to any purchaser (“the Buyer”) upon the following terms which shall prevail over any terms contained in the Buyer’s order or in correspondence or elsewhere unless specifically agreed to in writing and signed by a Director of the Seller.
The prices payable for the goods shall be those in the Seller’s price list current at the time of order or as agreed with the seller. The Seller reserves the right to revise all prices and specifications.
a) Delivery dates mentioned in any acknowledgement of order or elsewhere are approximate only and are not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on particular date or dates. Unless otherwise expressly agreed the Seller may effect the delivery in one or more instalments. Each instalment shall be treated as a separate contract.
b) Delivery shall be at the Buyer’s premises unless otherwise agreed by the Seller. Goods despatched by the Sellers’ normal next day carrier services are subject to a standard carriage charge, goods despatched by special delivery of whatever kind at the Buyer’s request are subject to a carriage surcharge.
c) If the Buyer refuses or fails to take delivery of goods tendered the Seller shall be entitled to terminate the contract with immediate effect or to dispose of the goods as it may determine and the Seller reserves the right to recover from the Buyer a minimum handling fee of 15% of the total price of such goods which shall be paid by the Buyer within 15 days of the date of invoice.
Risk and Title
a) Risk in the goods shall pass to the Buyer on delivery. All goods supplied to the Buyer shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Seller shall have received full payment for them together with full payment of all amounts owed by the Buyer to the Seller in respect of any other contract for the sale of goods.
b) Until such payment the Buyer shall be in possession of the goods solely as bailee for the Seller and in a fiduciary capacity and shall store the goods separately and in such a way, as to enable them to be readily identifiable as the property of the Seller.
c) We do not accept responsibility of any design added to a product belonging to any customer once designs are agreed either by email or over the telephone.
Variation and Returns
The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract (seconds stock only) and in such event the Buyer shall pay for the actual quantity delivered. Save as provided herein no return of goods will be accepted unless authorised by the Seller’s sales department prior to despatch and the Seller reserves the right to charge the minimum handling fee specified in 4 (c) above except in the case of faulty goods.
a) The Seller shall not be liable to the Buyer:
i) For shortages in quantity delivered unless the Buyer notified the Seller of such claim within 2 days of receipt of the goods.
ii) For damage to or loss of the goods or any part thereof in transit unless the Buyer shall notify the Seller of any such claims within 2 days of receipt of the goods.
iii) For defects in the goods caused by fair wear and tear, abnormal condition of storage or use or any act, neglect or default of the Buyer or of a third party and
iv) For other defects in the goods unless notified to the Seller within 2 days of receipt of the goods by the Buyer provided that no liability shall be attributed to the Seller where goods have been embroidered/printed on or have changed their form in any way what so ever.
v) The Seller shall only embroider/print the Buyers own garments, if done so entirely at the Buyers own risk. Liability will not be accepted if the Buyer has approved the design embroidered/printed, if the Buyer decides the embroidery/print is not as expected or if garments are damaged whilst on the embroidery/print machine.
vi) Where liability is accepted by the Seller under 7 (a) the Seller’s only responsibility shall be at its option to make good any shortage or non-delivery and/or to replace any goods found to be damaged or defective and/or refund the cost of such goods.
vii) The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences.
b) Subject to the foregoing all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise however arising and whether or not caused by negligence of the Seller, its employees or agents.
The Seller shall not be liable to the Buyer for loss or damage suffered by the Buyer as a direct/indirect result of the supply of goods by the Seller being prevented, hindered, delayed or rendered uneconomical by reason of circumstances or event beyond the Seller’s reasonable control.
Insolvency and Default
If the Buyer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if an order is made or a resolution passed for the winding up of the Buyer or if a receiver is appointed over any of the Buyers assets or undertakings or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under condition 5 and/or by notice in writing to the Buyer determine the contract.
The contract shall be governed by and constructed in accordance with English Law; the parties submit to the jurisdiction of English Courts.
PRICE AND PAYMENT
THE PRICE OF THE GOODS SHALL BE THE PRICE SET OUT IN THE ORDER, OR, IF NO PRICE IS QUOTED, THE PRICE SET OUT IN THE SUPPLIER’S PUBLISHED PRICE LIST, IN POUNDS STERLING, AS SPECIFIED ON THE SUPPLIERS WEBSITE IN FORCE AS AT THE DATE OF DELIVERY.
THE SUPPLIER MAY, WITHOUT NOTICE, INCREASE THE PRICE OF THE GOODS TO REFLECT ANY INCREASE IN THE COST OF THE GOODS THAT IS DUE TO:
(A) ANY FACTOR BEYOND THE SUPPLIER’S CONTROL (INCLUDING FOREIGN EXCHANGE FLUCTUATIONS, INCREASES IN TAXES AND DUTIES, AND INCREASES IN LABOUR, MATERIALS AND OTHER MANUFACTURING COSTS);
(B) ANY REQUEST BY THE CUSTOMER TO CHANGE THE DELIVERY DATE(S), QUANTITIES OR TYPES OF GOODS ORDERED, OR THE SPECIFICATION; OR
(C) ANY DELAY CAUSED BY ANY INSTRUCTIONS OF THE CUSTOMER OR FAILURE OF THE CUSTOMER TO GIVE THE SUPPLIER ADEQUATE OR ACCURATE INFORMATION OR INSTRUCTIONS.
THE PRICE OF THE GOODS IS EXCLUSIVE OF THE COSTS AND CHARGES OF PACKAGING, INSURANCE AND TRANSPORT OF THE GOODS, WHICH SHALL BE INVOICED TO THE CUSTOMER.
THE PRICE OF THE GOODS IS EXCLUSIVE OF AMOUNTS IN RESPECT OF VALUE ADDED TAX (VAT). THE CUSTOMER SHALL, ON RECEIPT OF A VALID VAT INVOICE FROM THE SUPPLIER, PAY TO THE SUPPLIER SUCH ADDITIONAL AMOUNTS IN RESPECT OF VAT AS ARE CHARGEABLE ON THE SUPPLY OF THE GOODS.
THE CUSTOMER SHALL PAY THE INVOICE IN FULL AND IN CLEARED FUNDS IN ADVANCE BY DEBIT/CREDIT CARD OR BANK TRANSFER.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) We are registered under the Data Protection Act.
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
We will not pass any of your details email to any other trader or organisation. We will give you the chance to refuse any marketing email from us in the future if you inform us at the time of placing any order.
The type of information we will collect about you includes:
We will never collect sensitive information about you without your explicit consent.
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held securely in accordance with our internal security policy and the law.
The data controller will use your information together with other information for administration, marketing, credit scoring, customer services and profiling your purchasing preferences. We will disclose your information to our service providers and agents for these purposes. We may keep your information for a reasonable period to contact you about our services.
If you apply for credit then to help us to make credit decisions about you, to prevent fraud, to check your identity and to prevent money laundering, we may search the files of credit reference agencies who will record any credit searches on your file. We may also disclose details of how you conduct your account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated for fraud prevention, money laundering prevention and occasionally for tracing debtors.
We will not share your information with any external organisations other than for the above purposes. We may contact you by mail, telephone, SMS or e-mail to let you know about any goods, services or promotions that may be of interest to you. When you give us your personal information, we will give you the opportunity to opt out of receiving such information from us but remember that this will preclude you from receiving any of our special offers or promotions in future.
You may also exercise your right to opt out of the use of your information for marketing purposes at any time by contacting us by the methods explained at the end of this notice.
By returning or submitting a form with your personal information to us, you consent to our processing your personal data for the above purposes.
You have a right to ask for a copy of your information (for which we may charge a small fee) and to correct any inaccuracies. To make sure we follow your instructions correctly and to improve our service to you through training of our staff, we may monitor or record telephone calls.
When you give us information about another person, you confirm that they have appointed you to act for them and to consent to the processing of their personal data.