Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
Caroline Henry Limited has its registered office at 4 King Square, Bridgwater, UK TA6 3YF. This is NOT a communication address.
Company Registration Number 7361591.
1. In these terms and conditions “the seller” means Caroline Henry Limited and “the buyer” means the firm or company ordering from the seller, “goods” refers to the items ordered by the buyer, “order” refers to the request to supply goods by the buyer.
2. These terms of business apply to any business transacted with Caroline Henry Limited however an order is placed with the seller, be it on the seller's website, by telephone, fax or post.
3. The buyer acknowledges that the seller does not transact business with private individuals. The buyer confirms that they are a trade buyer and acknowledges that distance selling regulations do not apply to the transaction.
4. The buyer agrees that no goods shall be re-sold to the general public without the express permission in writing of a serving Director of Caroline Henry Limited, save for where that sale is in relation to the buyers conduct of their business of guest accommodation or guest service provision. Caroline Henry products shall not be made available for purchase by the public by means including (but not restricted to) internet auction sites, retail shops and outlets (including temporary stalls, home selling and multi-level marketing plans).
5. The buyer agrees that submission of an order is deemed acceptance of these terms and conditions. The seller will not transact business under any terms other than these, and these terms shall supersede any that the buyer may wish to apply. Any variation to these terms will only apply if in writing and with the signature of a serving director of Caroline Henry Limited. The seller reserves the right to amend these terms at their sole discretion. If the buyer is a credit account customer any variation in these terms and conditions will be notified to the buyer by the seller by means of letter to the billing address supplied by the buyer. Subsequent orders placed by the buyer will be subject to the revised terms and conditions.
6. The seller has a policy of continuous product development and reserves the right to make changes to products without notice. The seller reserves the right to discontinue products without notice.
7. An order (pre-paid or otherwise) by the buyer does not constitute an obligation on the seller to supply. The seller reserves the right to reject any order for any reason without explanation. Where an order was pre-paid by the buyer, the seller will refund the payment in a timely fashion.
8. An order is considered accepted only at such time as the seller informs the buyer that the goods have been despatched.
9. VAT is excluded from any prices and must be paid by the seller at the prevailing rate.
10. Time shall not be of the essence in this contract.
11. The seller will not be held liable for any consequences of a delayed delivery whatever they may be.
12. The buyer acknowledges that the lead time for orders of personalised products are considerable. Lead times often range between 2 and 16 weeks from approval of artwork depending on the product. Such orders cannot be cancelled.
13. The buyer acknowledges that deliveries must be signed for. If the seller leaves instruction for items to be left un-signed for in a 'safe' place the buyer will give this information to the courier or haulier but cannot guarantee they will act on the buyer's request. In any case where the buyer gives the seller an instruction to leave the delivery unsigned for or at an alternative address then buyer irrevocably agrees to indemnify both the seller and the courier/haulier against loss or damage to the goods.
14. The buyer agrees to inform the seller on ordering if there is restricted access for heavy goods vehicle delivery, or if the delivery address is more than 25 metres from a suitable place to park a heavy goods vehicle or if the delivery is to any floor other than ground floor. The buyer agrees to indemnify the seller against additional charges made for delivery due to such access restrictions not mentioned at the point of ordering.
15. Where the courier is unable to effect delivery because no one is available to sign for the delivery, the buyer will be left a card to arrange redelivery. If the buyer fails to contact the courier within 7 days the delivery is automatically returned to the seller. The buyer agrees to indemnify the seller against the cost of returned deliveries back to the seller and furthermore agrees that costs incurred in a subsequent redelivery to the buyer are to be borne by the buyer in addition to any delivery costs the buyer may have already paid for. In the event that the buyer qualified for free delivery then a redelivery will not be free and the buyer agrees to pay all costs of redelivery.
16. If there are shortages or damage on delivery the delivery note must be annotated as such and the seller must be informed within 48 hours. Claims for damage or missing items will not be entertained after this time.
17. If the buyer is offered trade credit terms by the seller the buyer agrees to administer that credit account with the seller in a proper fashion and ensure that payments are made in accordance with the terms agreed.
18. Where the seller offers a discount, this is contingent on the buyer's credit account being up to date. Should the seller decide to continue to supply the buyer (and for the avoidance of doubt any such decision shall not be construed as a waiver of any other part of these terms and in particular clauses 7, 17 and 19), then any discount will not be applicable to those orders and any future orders, until such time as the account is brought up to date. Discount withdrawn as a result of delinquent accounts will not be retrospectively applied once the account is brought up to date. In any case the seller reserves the right to alter, amend or withdraw any discount at their sole discretion and without notice.
19. Goods remain the property of the seller until payment of all outstanding invoices is received. The seller reserves the right to repossess any goods for which full payment has not been received. Until title passes on full payment the buyer agrees to hold the goods as bailee for Caroline Henry Limited, keeping the goods separate from all other products and labelling them so they can be easily identified as the seller's.
20. Payment is to be made in Pounds Sterling unless otherwise agreed in writing. The buyer may not withhold some or all of the money owed to the seller for any reason.
21. Overdue accounts will be subject to interest being charged on them at the rate of 8% over the Natwest Bank base rate from the due date until cleared payment is received. We will also charge Statutory compensation and reasonable costs incurred in collecting the unpaid debt as permitted under Statutory Instrument No. 395 The Late Payment of Commercial Debts Regulations 2013 or other statute as is from time to time enacted. The seller reserves the right to stop further deliveries to the buyer even if contracted to do so, if the buyer's account is overdue.
22. If the buyer makes a mistake ordering from the seller, the goods can be returned to the seller as long as the buyer notifies the seller within 7 days of delivery. After this notification period returns will be dealt with solely at the seller's discretion and will incur a restocking charge of 20% of the value of the goods or £20 whichever is greater. In all cases, returns must be in their original packaging, unused, unmarked and fit for resale at full price. The cost of returning the goods to the seller in all cases is to be paid by the buyer. The buyer accepts that under no circumstances is the seller able to take back any items that have been made or modified especially for the buyer. All returns must be notified to the seller before being sent and will be given a returns number (RMA number). Any items sent to the buyer without an RMA number will be rejected and no further correspondence entered into.
23. The seller will not be held liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of the seller, the seller's breach or non-performance or any of the seller's obligations under these terms or otherwise.
24. These terms set out the full extent of the seller's obligations and liabilities in respect of the sale of the goods. In particular there are no conditions, warranties or other terms, expressed or implied, as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, that are binding on the seller except as specifically stated in these terms. Any condition, warranty or other term concerning the sale of the goods, which might otherwise be implied into or incorporated within these terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
25. The seller shall not be liable for any failure or delay in performance under this Agreement to the extent that said failures or delays are caused by causes beyond the seller's reasonable control and occurring without the seller's fault or negligence, including, without limitation, failure of suppliers, subcontractors, carriers and acts of God.
26. The buyer accepts the responsibility to comply with copyright and patent obligations is theirs for any item made by the seller especially for the buyer and agrees to indemnify the seller from any action if the buyer has not so complied.
27. The buyer agrees a variance of plus or minus 10% to the quantity ordered is an acceptable variance.
28. This agreement to be governed by English law.