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Terms & Conditions - STORKSAK LTD.
Studio 13, Spectrum House, 32-34 Gordon House Road. London, NW51LP
Tel: +44 (0) 207 284 2252 Fax: +44 (O) 207 267 2785 Email: email@example.com firstname.lastname@example.org
Website: www.storksak.co.uk www.babymel.co.uk
VAT NO: GB 810285948 (STORKSAK LTD.)
Terms and Conditions of Business
1. THE SELLER AND THE BUYER
1.1 The Seller is Storksak Ltd. The Buyer is the purchaser of the Goods, which are supplied by the Seller in accordance with any written or verbal order of the Buyer that is accepted by the seller.
2.1 The Buyer may not cancel any order except by prior agreement in writing by the Seller and on terms that the Buyer shall indemnify the Seller aga1nst all loss, costs, damages charges and expenses incurred by the Seller as a result of the cancellation.
3. PRICE OF THE GOODS
3.1 If no price has been quoted it is the price given for the Goods in the Seller's price list or otherwise agreed effective at the date the order is accepted.
3.2 Unless otherwise stated prices in any quotation or given in the Seller's price list do not include any charge for handling or delivering the Goods.
3.3 Price increases will be notified in writing with a minimum of 28 days notice unless otherwise agreed.
3.4 Unless otherwise stated all prices quoted or given in the Seller 's price list
are exclusive of VAT
4. MINIMUM ORDERS VALUE (MOV)
4.1 MOV EU € 500/ UK £500 unless otherwise agreed in writing with Storksak UK Head Office
4.2 Combined Order with sister Brand ( Babymel and/or Zip and Zoe) -MOV EU € 500 / UK £500 unless otherwise agreed in writing with Storksak UK Head Office
4.3 Internet Only- MOV EU €500/£500 unless otherwise agreed in writing with Storksak UK Head Office
5.1 First orders are on pro-forma.. Payment must be made within ten working days after receipt of invoice by email. After 10 working days, the Goods comprised in the aforementioned order will be placed back into general stock and will not be held.
5.2 After payment of the first order, a credit limit will be discussed with the Seller subject to credit checks and references..
5.3 Payments can be made by bank transfer. If payment is by credit card over the phone, there will be an additional 3 per cent charge added to the invoice.
5.4 The Seller reserves the right to charge interest at 3 per cent above base rate from time to time of HSBC (accruing daily) on all overdue accounts from the time when those amounts first became payable up until the time when they are paid in full.
5.5 If the Buyer fails to pay the invoice on the date specified. the Seller may terminate the Contract and recover the Goods in accordance with Clause 6.
6. DELIVERY CHARGES
6.1 If an order meets the MOV and all products are available the Seller can deliver within 2-6 working days and there is no delivery charge.
6.2 If orders are below MOV, delivery charges will be confirmed by the Seller.
6.3 Delivery dates that are mentioned in any quotation, order or other document are approximate only and not of any contractual effect. The Seller shall not be liable for any delay in delivery howsoever caused.
6.4 The Seller shall not be liable for any failure to deliver the Goods arising from the circumstances outside the Seller's control.
7. DELIVERY POLICY
7.1 In the event that the Seller cannot deliver the complete order the Seller will aim to be flexible regarding delivery charges.
7.2 Confirmation of delivery times on orders placed on 'out of stock' will be sent from the Seller
OTHER CONDITIONS OF SALE
8. PROPERTY AND RISK
8.1 Ownership of the goods remains with the Seller and will not pass to the Buyer until the Seller is paid for all of the goods and the Buyer owes no other amounts to the Seller m respect of other goods supplied by the Seller.
8.2 If the Buyer is overdue in paying for the Goods or any other goods supplied by the Seller, the Seller may, if still the owner of the Goods, recover and resell them. The Seller may enter the Buyer's premises for this purpose. This does not affect any other right of the Seller
8.3 Risk in the Goods passes to the Buyer immediately upon the date when the Goods are delivered to the Sellers premises.
9.WARRANTIES AND LIABILITY
9 1 The Buyer shall carefully examine the Goods immediately on delivery of them and shall notify the Seller in writing of any defects reasonably discoverable on careful examination. The Seller must receive this notification within 7 days commencing with the day of delivery to the Buyer. In the absence of notification the Seller excludes all liability in respect of any defect. The Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of
the Goods (or the proportionate part of the price). but the Seller shall have
no further liability to the Buyer. The Buyer shall allow the Seller a reasonable opportunity to replace the goods as aforesaid.
9.2 The Seller warrants that all items sold should be free of defects as to materials and workmanship at the date of delivery. The Seller shall at its sole cost and expense inspect all items claimed to be defective and shall at its own cost and expense replace any item found to be defective.
9.3 With the exception of death or personal injury caused by the Seller's negligence, the Seller's liability is limited to the invoice value (not including VAT) of the Goods that fail to comply w1th the express undertaking give in
10. GENERAL MATTERS
10.1 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the exclusive jurisdiction of the English Courts.
10.2 In the sense of fair partnership, the Buyer undertakes to offer the Goods only for sale in a specialised retail shop in accordance with the image of the brand and to sell the Goods only to the final customer The Buyer also undertakes not to sell the Goods via their own internet store or on Amazon. (unless the buyer has had the express written permission of the Seller). The buyer undertakes not to sell the goods via Ebay.
11. BANK DETAILS
STORKSAK STERLING BANK ACCOUNT BANK:HSBC
ACCOUNT HOLDER: STORKSAK LIMITED
SORT CODE 40 07 07
ACCOUNT NUMBER: 61526529
ADDRESS: HSBC. PO BOX LB 633 39, TOTTENHAM COURT RD. LONDON
STORKSAK EURO BANK ACCOUNT BANK: HSBC
ACCOUNT HOLDER: STORKSAK LIMITED
!BAN: GB 30 4005155901842MIDL BIC: MDLGB22
ACCOUNT NUMBER: 59091842
SORT CODE: 40 05 15