The Company – means LINZI JAY LIMITED and any subsidiary or holding company in Section 736 of the Companies Act 1985.
The Purchaser – means the person, firm or company whose order is accepted by the Company.
The Goods – means the goods which are the subject of this sale whatever the description.
The Company will accept orders via telephone, fax, email, internet and official Company order forms. Confirmation of the order by the Company will not be given to the Purchaser unless specifically asked for.
Once an order has come into effect the Purchaser may not cancel it in whole or in part without the Company's prior written agreement which may be conditional upon the purchaser compensating the Company for all expenses incurred by the Company in respect of such contract to the date of cancellation and of any loss of profit arising by reason of the cancellation of such contract.
If a specific delivery date is required by the purchaser it is the responsibility of the purchaser to ensure that this is made clear to the Company at the time of placing the order.
The minimum order value for newly opened or reopened accounts is £300.00 .
a) Unless otherwise expressly stated in writing by the Company, all orders are accepted on the basis that:
- the price stated is the net price of the Goods (after deduction of any discounts) for delivery in accordance with the contract.
- Prices are in £ Sterling for all UK based purchasers.
- For all European Customers prices are in Euros.
- The Company is entitled without prior notice to adjust the price stated to take account of any change in specification made at the request of the Purchaser or any alteration before the date of delivery in the cost to the Company of supplying the Goods.
- The contract price excludes Value Added Tax or any other tax or duty payable by the Purchaser in the same manner as the contract price.
4. DESPATCH & DELIVERY
a) Whilst the company will use all reasonable endeavours to execute each order the manner set out in the contract within the period quoted, the Company shall not be liable for any delay in delivery or performance howsoever arising or for any direct, contingent or consequential loss arising from such delay.
b) Unless the contract expressly provides the method of carriage, the Company reserves the right to select it.
c) For all orders the Purchaser will pay an carriage outwards charge
d) For deliveries to Northern Ireland and the Irish Republic a carriage charge will be added to the purchasers invoice.
e) For all Worldwide deliveries a carriage charge to cover the cost of delivery will be levied upon the Purchaser.
Discounts are only applicable if agreed by the management of the Company and confirmed in writing to the purchaser.
6. WARRANTY AND LIABILITY
The Company shall at its option and without cost to the purchaser either repair or replace any goods which have been delivered to the Purchaser and which have proved to be defective by reason of faulty design, materials or manufacture provided however that:
- The Company is notified within 7 days of invoice date.
- The Purchaser is not in breach of any of its obligations under the terms and conditions of this contract.
- Neither acknowledgement of receipt nor investigation by the Company of any claim hereunder shall constitute or imply admission by the company of any liability in respect of such claim.
- In no event shall the Companies liability exceed the contract price of the defective goods.
- Whilst every effort will be made by the Company, no liability will be accepted for variances in colour shading. In addition the Company cannot accept any liability for changes in lace by our suppliers.
- If items are found to be missing from the delivery this must be notified to the Company by the Purchaser the same day as delivery is received. Failure to do so will result in the Company accepting no liability.
- Goods returned to the Company by the purchaser through an error on the part of the purchaser will be subject to a 10% handling charge.
- Any goods not returned to the Company in their original packaging and with original accessories like coat hangers will be subject to a 10% handling charge.
a) The Standard Payments Terms of the Company are Net Monthly ie. Payment at the end of the month following the date of the invoice.
b) All newly opened accounts will be operated either on a Pro-Forma basis for the first three payments or until satisfactory Credit References are taken and the Company is satisfied that the purchaser can fulfil its obligations to the Company. The purchaser will be given 7 days to make payment or the contract will become null and void and the order cancelled. For all Pro-Forma accounts 100% of the total order value (including VAT) must be paid within 7 days of placing the order. Failure to operate within these terms will mean cancellation of the order.
c) If any sum due to the Company under any contract is not paid by the due date the Company reserves the right (without prejudice to its other rights and remedies):
d) In the event that the purchaser's cheque is returned by their bankers a standard charge of £10.00 will be levied onto the account of the Purchaser.
- to suspend all or any deliveries to be made under that or any other contract with the Purchaser. The Purchaser will not be released from its obligations to the Company under these circumstances.
- To charge interest at 3% above the base rate calculated from the payment due date to the actual date of payment.
- To withdraw further credit facilities and operate the account on a cash with order basis. For accounts operated on a pro-forma basis the minimum order is £250.00 of which 100% is payable with order.
a) The property in the goods shall remain with the company until the purchaser has made payment to the company in full for:-
- all Goods supplied under this contract.
- all Goods supplied under any other contract made from time to time between the company and the buyer.
b) The Purchaser shall until such time as the property in the Goods has passed to him under paragraph (a) above hold the Goods as bailee for the Company and shall ensure that the Goods are stored separately or marked so that they may be readily identified as the property of the Company.
c) The purchaser may sell or use the Goods in the ordinary course of its business notwithstanding that the property in the goods may not have passed to it. The Company may terminate the Purchasers power of sale and use and may repossess goods to the value of all sums due to the Company if:
- any sum due to the Company in respect of Goods supplied under this contract becomes overdue or;
- any sum due to the Company in respect of Goods supplied under any other contract made from time to time between the Company and the Purchaser become overdue or;
- if the purchaser has an administrator, administrative receiver or liquidator appointed or a winding up petition is presented in respect of the Purchaser or any such event appears likely in the reasonable opinion of the Company. The Company, its employees and authorised agents shall be entitled to enter any of the Purchasers premises for such purpose.
- Until the Company is paid in full for all Goods supplied under this contract and all goods supplied under any other contract between the Company and the Purchaser, the relationship of the buyer to the Company shall be fiduciary in respect of all such goods or other goods in which they are incorporated or used and if the same are sold by the Purchaser the entire proceed of sale shall be held in trust for the Company and shall not be mingled with other monies or paid into any overdrawn bank account and shall at all times be identified as the Companies monies.
The Purchaser is not permitted to engage in any direct selling of the Companies products (under any of the companies brand names) direct to the public via the internet either through their own web site or that of a third party.
Authorisation may be given (when requested) for the use of the companies images on the purchasers internet site for marketing purposes only. An acknowledgment that the products are Linzi Jay must also be contained within the site.
The Company reserves the right to cease trading with the Buyer at their absolute discretion. All Internet links by the Purchaser to the Company's Website require authorisation from the Company.
LINZI JAY LIMITED
(Amended February 2010)