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Conditions of sale

TERMS AND CONDITIONS OF SALE

1. Application of Conditions
All goods are sold by Designs On U Ltd, Govino.co.uk, Gogiftshopping.co.uk, LetourProSport.com ('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 the Seller.

2. Prices
The prices payable for the goods shall be those in the Seller's price list current at the time of despatch. VAT shall be added to all amounts payable by the Buyer. The Seller reserves the right to revise all prices and specifications without prior notice. The seller reserves the right to amend any error or omission of online sale prices at any time.

3. Payment Terms
a) Payment of invoices shall be made in full prior to despatch of any goods. The Seller reserves the right to charge interest on overdue accounts at the rate of 5% over National Westminster Bank plc's base rate to run from the due date for payment until receipt by the Seller of the full amount whether or not after judgement.
b) Administration charge of £15 will be made by the Seller for each transaction of uncleared or unpaid cheque.
c) All card transactions are made through our virtual terminal with Paypal for security for the customer, there is a bank change of 3.5% charged to customers for all card payments whether it is a debit or credit card on the full invoice value.

4. Delivery and Inbound carriage
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 any particular date or dates. Delivery period is normally 7-10 working days. 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. Normal next weekday rates are charged at standard rates. Goods despatched by special weekend delivery of whatever kind at the Buyer's request are subject to a carriage surcharge of £30.00. Carriage is charged on all shipments as illustrated in the Seller's price lists. Special Weekend inbound rates are charged at courier standard rates minimum £25.00 for Saturday am, £35.00 by 9 am. Export rates, the Highlands, Ireland and Channel islands are subject to special rates.
c) If the Buyer refuses or fails to take delivery of goods ordered, or wishes to return goods which were supplied correctly the Seller shall be entitled to either 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 (plus VAT thereon) which shall be paid by the Buyer within 15 days of the date of invoice.

5. Risk and Cancellation
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 Buyer shall have paid to the Seller the agreed price.
b) Any cancellation of orders by the buyer shall entitle the seller to immediately recover any costs incurred for design , embroidery digitising, stock purchases, cost of returning goods to supplier or any other costs in recovering costs and damages and shall be entitled to interest as permissable by the courts from the date of cancellation.

6. 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 and in such event the Buyer shall pay for the actual quantity delivered. Save as provided herein no returns 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 garments. The buyer must notify the seller of any faults in the supply of the goods within 24 hours of delivery in writing, a returns number authorising the return of goods will be issued by the seller if appropriate. No return of goods will be accepted unless a returns number has been issued. Returns will not be accepted after 5 days under any circumstances. Printed, embroidered, processed, engraved or altered products in any way will not be accepted back for credit. Please note that engraving onto stainless steel is harder than Pewter or Aluminiun, therefore will not be engraved as deep as other soft metals. All samples issued for sizing or quality purposes must be returned within 5 days or they will automatically be invoiced plus carriage costs. It is essential. the buyer satisfies themselves as the quality of any products prior to instructing the seller to undertake any work which may alter the products, such as engraving or diecutting. Once any work in undertaken, the buyer if liable to pay any amount due in full, immediately upon demand by the seller.

7. Liability
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 24 hours of receipt of the goods in writing
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 24 hours of receipt of the goods in writing
iii) for defects in the goods caused by fair wear and tear, abnormal conditions of storage or use any act, neglect or default of the Buyer or of any third party; and
iv) for other defects in the goods unless notified to the Seller within 24 hours of receipt of the goods by the Buyer provided that no liability shall be attributed to the Seller where any goods have been printed on or have changed their form in any way whatsoever.
b) i) Where liability is accepted by the Seller under 7(a) the Seller's only obligation shall be at its option to make good any shortage or non-delivery and/or to replace goods found to be damaged or defective and/or to refund the cost of such goods.
ii) 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.
c) Subject to the foregoing all conditions, warranties and representations express or implied by stature, 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.

8. Directors Undertaking
Directors of limited companies take a personal undertaking to pay the Seller in full immediately in the event of company going into liquidation or receivership.

9. Insolvency and Default
If the Buyer enters into a deed or 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 is passed for the winding up of the Buyer or if a receiver is appointed of any of the Buyer's assets or undertaking 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 Seller has the right to immediately upon notification of bankruptcy to enter upon the Buyer's premises and recover any goods belonging to the Seller.

10. Governing Law
The contract shall be governed by and construed in accordance with English Law; the parties submit to the jurisdiction of English Courts.

11. Force Majeure
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 uneconomic by reason of circumstances or events beyond the Seller's reasonable control.

Form 7c/terms/july 2007

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