Branded Brolly Terms of Conditions
These Terms & Conditions, together with the Particulars set out, supersede any Terms & Conditions previously in use and are based upon English & Scottish Law, with any disputes being resolved by the Courts of either England or Scotland.
1. General
1.1 The term “Supplier” means Branded-Brolly.co.uk, the term “Purchaser” refers to the Buyer throughout these Terms & Conditions.
1.2 No alteration of these Terms & Conditions can be made, unless they are agreed in writing by both parties.
1.3 All Prices quoted are those set out in the “Suppliers” quotation, including “Artwork” but exclude “Delivery Charges” to either one or multiple locations unless otherwise stated.
1.4 Placing of an order, either through one of our websites or by any other means, indicates your acceptance of these Terms and Conditions. The submission of an order form and payment will be treated as an offer by you to purchase goods from us subject to these terms and conditions.
2. Payment Terms
2.1 Payment Terms are due on receipt using our secure online payment processor, however, in some circumstances we may discuss a deposit option.
2.2 In certain circumstances the “Supplier” may request “Proforma Payment” in advance of the delivery of Goods.
2.3 The “Supplier” reserves the right to apply a surcharge of “6%” above the Base rate set by Natwest Bank on all late payments or overdue amounts from the due date of payment.
2.4 If the “Purchaser“ becomes insolvent by any means then, without limiting any other right or remedy available to the “Supplier”, the “Supplier” may cancel the Contract or suspend any further deliveries under the Contract without any liability to the “Purchaser“.
2.5 No order will commence until full payment has been made, unless stated otherwise by agreement.
3. Deliveries
3.1 All deliveries made to the “Purchaser” should be checked with 24 Hours of the date of Delivery.
3.2 All Damages or Shortages should be reported to the “Supplier” within 24 Hours and in writing or via email.
3.3 Failure to complete the checking of the Goods Delivered and the reporting of any such Shortages or Damages would be deemed by the “Supplier” that the Goods have been accepted by the “Purchaser” complete and unharmed.
3.4 Under certain circumstances and outside the control of the “Supplier” in particular when Goods are sourced from the third party Manufacturer or other Supplier, delays may occur when and if this event does happen, the “Supplier” will notify the “Purchaser” as soon as is reasonable that there will be a delay in delivery.
3.5 Any delivery date specified by the customer does not form part of the contract. We will always attempt to meet any delivery date specified but all orders are delivered on a best effort basis.
4. Ownership of Goods
4.1 The “Supplier” reserves the right to full “Retention of Title” of all goods supplied until paid for in full, in line with our payment terms.
5. Acceptance of Quotations and Artwork
5.1 The “Supplier” will only accept an order for delivery once the “Artwork or Quotation” has been signed or confirmed by email by an Officer of the Purchaser.
5.2 In certain circumstances, whereby “Artwork” reflects a specific requirement of the “Purchaser” and is deemed to be their “Copyright” orders will be accepted on a “Non-Returnable” basis.
6. Supply of Ordered Articles
6.1 The “Supplier” reserves the right to supply either “Over/Under 10%” of the ordered articles, which is due solely to Manufacturing problems, we therefore advise each “Purchaser” when ordering to ensure that the order reflects this possible “Margin of Error”.
6.2 Very occasionally a manufacturer may change or improve the product slightly without notifying us, for example the packing, ingredients, materials used or size. While we constantly monitor the goods supplied to us and update our product information accordingly, it is impossible to be 100% accurate and the goods we supply may not match the descriptions or photographs exactly. The products supplied to you will be the current version as supplied to us by the manufacturer or distributor.
7. Cancellation
7.1 In certain circumstances, we reserve the right to cancel any order without prior notice. In this instance all monies will be refunded to the card/bank account used to make the purchase within 28 days.
8. Force Majeure
8.1 Neither party will be liable for any delay, loss or damage caused wholly or in part by an Act of God, Governmental restriction, condition or control or by reason of any Act done pursuant to a Trade Dispute, whether such dispute involves its servants or by reason of any other Act, Matter or Thing, outside the reasonable control of the Company.
