TERMS & CONDITIONS
Buyer/Customer: the person who buys or agrees to buy the goods from the Seller.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: the articles which the Buyer agrees to buy from the Seller.
Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller: means Finite Supplies Ltd.
2.1: These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2: All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3: Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4: These Conditions may not be varied except by the written agreement of [a director of] the Seller.
2.5: These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be [(amount)] (or) [the price quoted on the Seller’s confirmation of order]. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4: PAYMENT AND INTEREST
4.1(a): For any Customer that does not have payment terms agreed with the Seller, payment of the Price and VAT shall be due immediately upon checkout when ordering through the website.
4.1(b): When ordering through the submission of a purchase order (i.e via phone or email) the Customer may be sent a proforma invoice which they will be required to pay before they can be sent the Goods.
4.2(a): For any Customer that has payment terms agreed with the Seller, payment of the Price and VAT shall be due in line with that agreement.
4.2(b): The Customer may be required to use a particular account or login when ordering through the website in order to access any agreed Price or payment terms.
4.3: We reserve the right to charge interest on overdue invoices from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.4: The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
7. DELIVERY OF THE GOODS
7.1: Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2: The Seller undertakes to use its reasonable endeavors to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3: The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4: If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. ACCEPTANCE OF THE GOODS
8.1: The Buyer shall be deemed to have accepted the Goods [48 hours] after delivery to the Buyer.
8.2: The Buyer shall carry out a thorough inspection of the Goods within [48 hours] of delivery and shall give written notification to the Seller within [48 hours] of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3: Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. TITLE AND RISK
9.1: Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2: Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3: Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4: The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1: repossess, dismantle, use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2: for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5: The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. RETURNS OF GOODS
10.1: If the Buyer wishes to return Goods this can only be done with the approval of the Seller.
10.2(a): To initiate a return the Buyer must request a returns note from the Seller. The Buyer can do this by emailing firstname.lastname@example.org or downloading a returns form template from the Seller”s website (if available).
10.2(b): On the returns note will feature a number of “Return Reasons” that the Buyer can select from to state why they are returning the Goods. The way in which the return will be handled will be determined by the return reason.
10.2(c): Below is a list of the return reasons featured on the returns note along with guidance on the process and requirements of each one.
1 = Faulty / defective (i.e. condition not suitable for intended use)
2 = Damaged in transit (i.e. water damage, parts missing)
3 = Not as expected (i.e. looks different to pictures, not happy with quality or finish)
4 = Too small
5 = Too large
6 = Accidental order
7 = No longer required
8 = Wrong item received
1. For faulty / defective items a physical return may not be required. Please submit a detailed description along with clear pictures of any fault when returning this form. If a physical return is required we will let you know.
2. It is the responsibility of the customer to check for damage on arrival of goods. As per courier guidelines all damage must be reported in writing within 48 hours of the goods being delivered.
3. Due to personal tastes and expectations there may be times when a product is functional but for whatever reason you are not happy with it. In such an event please follow the same process as outlined in point 1.
4 – 7. You may exchange the item for a different size / colour as long as it is of equal value. For speed you may wish to place a new order for the items required and then quote that order number on this return. For returns that are not exchanged or replaced by an order of equal or greater value, a 15% restocking fee will apply.
8. If you receive the wrong item then please follow the same process as outlined in point 1.”
10.3(a): No Goods should be returned without a returns note.
10.3(b): In the event that Goods are returned without a returns note the Seller reserves the right to refuse receipt of the returned Goods.
10.3(c): The Seller also reserves the right to accept receipt of the returned Goods and hold them until a returns note has been submitted by the Buyer and authorised by the Seller, or the Buyer collects the Goods.
10.3(d): The Seller reserves the right to charge interest and storage fees to cover the time that any Goods returned without a returns note are needed to be held.
10.3(e): A copy of the returns note should be printed out by the Buyer and sent with the Goods. It is advised for the Buyer to place the returns note in an envelope marked “Returns Note” and securely affix it to the outside of the package to ensure quick turnaround and processing of any return/refund.
10.4: Carriage, the arrangement of transport and all applicable fees on no fault returns is the responsibility of the Buyer.
10.5: Once the Seller has taken receipt of the Goods they will be checked. As long as the Goods are undamaged, unworn, unmarked and in their original undamaged packaging then a refund to the corresponding value as stated on the invoice.
10.6(a): Any items which are returned by the Buyer that are not to be exchanged or replaced by an order equal to or greater than the value of the returned Goods will be subject to the 15% restocking charge.
10.6(b): In such an event the 15% restocking fee will be taken directly from the refund via the issue of an 85% credit.
10.7(a): Any items which are deemed to be faulty will not be subject to a 15% restocking charge.
10.7(b): It is at the discretion of the Seller what is deemed to by faulty.
11. CARRIAGE OF GOODS
11.1(a): Carriage will be chargeable as per the stated rates either on an agreed price list, or at checkout in the case of the website.
11.1(b): Carriage rates are subject to change at the discretion of the Seller.
12. TERMS AND CONDITIONS
12.1: The seller maintains the right to alter the Terms and Conditions without any prior warning.