1.1 In these Term and Conditions of Business ‘The Goods’ means any goods or other items sold by the company to the customer; ‘The Customer’ means the company, individual or any other entity purchasing the Goods here under and ‘the company’ means Plastoy Ltd or any of its associated companies.
2. CREDIT AND PAYMENT
2.1 Any grant of credit facilities is made on the condition that goods are paid strictly within 30 DAYS of the invoice date, unless stated otherwise on the Company’s official order or invoice or confirmed otherwise in writing by the Company.
2.2 The Company reserves the right, at its sole discretion, to withdraw or alter any credit facilities previously granted without recourse to the Customer.
2.3 Where the customer consists of more than one person or company then their liability hereunder shall be joint and several.
2.4 Any sums payable by the Company to the Customer may at any time be off set by the Company against any sums payable by the Customer to the Company
2.5 In the event of any cheque not being met on first presentation or any payment being delayed beyond the due date, or any payment being deferred the Company shall have the right to terminate the contract or defer outstanding deliveries. The company also reserves the right to charge £20 (excl.VAT) for each representation of a cheque to cover administration charges.
3. OWNERSHIP AND RISK
3.1 The ownership of the Goods, to be delivered by the Company, may be transferred to the Customer when all has been met that is owed to the Company no matter what the grounds, but such Goods shall be insured by the Customer from the from the date and time of delivered and the risk in the goods shall accordingly pass to the Customer from such time.
4.1 Prices will be honoured wherever possible but the Company reserves the right to adjust prices should this become necessary due to circumstances beyond their control (including increases arising out of currency fluctuations) between the date of the order and the date of the delivery.
4.2 All prices quoted do not include value added tax or other taxes or duties
4.3 Unless otherwise stated any samples submitted by the Company are the Company’s property and shall be returned or paid for by the customer within one month of delivery if so requested.
5. DELIVERY AND ACCEPTANCE
5.1 Delivery dates of the Goods are given in good faith but are not guaranteed. The Company shall endeavour to comply with such estimated delivery dates but the Customer shall not be entitled to cancel an order on the basis of failure to meet such delivery dates and no liability will be accepted for any loss whatsoever suffered or caused through late delivery, non-delivery or partial delivery. The time of delivery shall not be of the essence.
5.2 The Company reserves the right to make delivery by instalments and tender a separate. invoice in respect of each instalment.
5.3 Unless the Customer gives the Company written notice within seven days of the date of delivery that the Goods are not in conformity with the order the Customer shall be deemed to have accepted the Goods.
5.4 If Goods are sold by sample the Customer shall accept minor variations and shall only be entitled to refuse the Goods if they are deemed totally unfit for the purpose for which they were sold.
5.5 Goods Delivered in accordance with an order may not be returned without prior written consent of the Company and according to our Returns Procedure as stated in Section 9.
6. NON DELIVERY
6.1 Written notification must be made to the Company within 14 DAYS from the dispatch date shown on the invoice if a consignment does not arrive. Any claims made outside the statutory period allowed cannot be accepted, and the amount claimed will be due from the customer.
7. S O R
7.1 Under no circumstances does the Company operate a Sale or Return system and the customer is reminded that there is no exchange facility
8. SHORT DELIVERY, PILFERAGE OR BREAKAGES
8.1 The number of boxes or pallets in a consignment MUST BE COUNTED. If the consignment is a box or pallet short the Customer must detail on the delivery note/carriers docket that the consignment was short when delivered.
8.2 Written notification of short delivery, pilferage or breakages must be made to the Company within 7 DAYS of the date of delivery to the Customer, so that the Company may register the claim with the carriers. Any claims made outside the statutory period allowed cannot be accepted, and the amount claimed will be due from the Customer.
9. RETURNS & DEMICS
9.1 Goods delivered in accordance with an order may not be returned without prior written consent of the Company and according to our Returns Procedure as stated in 9.3. All goods returned must be securely packed and be consigned carriage paid. The Company reserves the right to make a handling charge for accepting the return of non-damaged goods and to charge accordingly for any costs involved if the Company arranges collection of the Goods.
9.2 The Company will not issue Credit for any damaged goods unless prior authorisation for their return/disposal has been given by the Company in accordance with our Returns Procedure as stated in 9.3
9.3 Returns Procedure – We will accept return of a product(s) if the item(s) are still in the original packaging and a full saleable condition and the return is requested within 7 days of receipt of the goods. Unless otherwise reported as damaged on delivery all charges for collection and return of the goods will be paid by the Customer or deducted from the credit by the Company. We will not accept any returns out of this period. If a dropship item is damaged we will investigate the cause of the damage under the Warranty 10.1 and issue the outcome based on different factors within 14 days. If a warranty claim is successful we will dispatch a replacement item and collect the defective item within 3 working days of a successful claim. If the same or similar item is not available we will credit the Customer who in turn can credit the Consumer.
10. WARRANTY ON PRODUCTS
10.1 The Company offers a 6 month warranty from the day of receipt of the goods against manufacturers defect.
10.2 The Company will not replace any product(s) due to accidental damage, weather damage or misuse of the product.
10.3 Each warranty claim will be investigated based on the information given by the Customer, the Consumer and the courier service to determine the cause. We will endeavour to complete each claim within 14 days. Failure to provide information when requested from either party will result in a claim being rejected by the Company
11. DATA PROTECTION
11.1 The Company may store date for credit assessment, tracing and the prevention of fraud. The Company may make a search with a credit reference agency and will keep a record of that search. Account and credit information may be shared with other companies. Including the GA and other members of the GA for monitoring and administration purposes.
11.2 The Company may transfer information about the Customer to the Company’s financiers for the purposes of providing services, and for the following: obtaining credit insurance, making credit reference agency searches, credit control, assessment and analysis, securitisation and protecting the Company’s interests. The Company will provide the Customer with details of the financiers and that of any credit reference agencies used on request.
12.1 All transactions are undertaken and conducted under the jurisdiction of English Law and any disputes in connection therewith shall be tried in the Courts of England and Wales
13.1 These conditions alone, to the exclusion of any terms contained in the Customer’s documents, shall govern every contract between the Company and the Customer and no variation will have any legal effect whatsoever unless agreed in writing and signed by one of the Directors of the Company
13.2 The placing of an order with the Company shall be deemed as acceptance of these terms whether each order be oral or in writing, whether signed or not, Any employee of the Customer placing an order for and on behalf of the Customer shall be deemed to have full authority to do so.
13.3 The Company gives 6 months warranty. The Company undertakes at the request of the Customer to pursue any reasonable claim against the manufacturers of the goods on behalf of the Customer.
13.4 The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Act of God, war, civil unrest, riot, strike, lock-outs, acts of civil or military authorities, fire, flood, earthquake or shortage of supply
13.5 To protect brand equity the Company have designated specific distributors for certain platforms including Amazon, Ebay and Play. Sale by a non-designated distributor on any of the platforms will result in the Customer’s account being immediately closed and banned from future stock orders.