Innovco Clothing Ltd T/A Ranks Enterprises
1. DEFINITIONS
a) In these Terms:
Buyer means the purchaser of the goods.
Contract means any contract between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
Goods means goods, products and services of any kind sold by the Seller.
Seller means Innovco Clothing Ltd T/A Ranks Enterprises.
2. APPLICATION OF CONDITIONS & PRICES
This agreement supersedes all prior agreements, negotiations and discussions between the parties relating to it.
a) Goods are sold by the Seller on the following conditions and can only be varied by the Seller in writing.
b) All orders placed by the Buyer online, via email or telephone shall be subject to these conditions.
c) All prices are exclusive of VAT. VAT will be charged at the current rate where applicable.
d) The Seller's prices are subject to change without notice due to exchange rate variances, duties and/or manufacturing costs.
3. PAYMENT & ACCOUNTS
a) Account customers: strictly next month end terms (subject to status). Non-account customers – advance payment or cash with order.
b) BACS is our preferred method. We reserve the right to make an additional charge for administrative expenses incurred for other methods of payment. Returned or unpaid cheques will incur a £30 handling charge. We are pleased to open credit accounts subject to approved trade references and credit checks.
c) Any overdue account will be put on hold until cleared funds are received.
d) If a credit account is overdue or over its credit limit, the Seller will try to contact the Buyer within 24 hours to request payment to release the pending order. However, it is important for the Buyer to ensure their account is within terms so that orders are not held.
e) The Seller reserves the right to charge interest at 4% above the base rate at Lloyds Banking Group Plc on the overdue balance on the account. The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
f) Invoices must be paid in full without any deduction unless the deduction has been agreed by the Seller in writing, or if a valid court order has been obtained by the Buyer.
g) If the Buyer fails to make any payment, the Seller shall be entitled to reject any further orders and reserves the right to collect stock amounting to the debt from the Buyer.
4. SPECIAL ORDERS
a) Special Order Goods ordered by the Buyer are classed as bespoke, embroidered or printed garments.
b) Bespoke Goods can have up to a 15% overmake and the Buyer is expected to pay the Seller for the extras.
c) Bespoke Goods ordered cannot be cancelled once they have been processed.
d) Any errors on the order confirmation must be reported to the Seller within 24 hours.
e) The Seller cannot accept returns on any special orders unless faulty.
5. DELIVERY
a) Orders are usually dispatched on the same day if received before 4pm, subject to stock availability.
b) Delivery times are estimates only and the Seller shall not be liable for any delays.
c) The Buyer must check all Goods upon delivery. Any shortages or damage must be reported to the carrier at the time of delivery and confirmed in writing to the Seller within 7 days.
d) Goods delivered to third parties must be checked before any processing. The Seller accepts no liability for Goods once they have been processed. The risk in the Goods passes to the Buyer upon delivery.
e) All orders over £250 (excluding VAT) or online orders over £100 (excluding VAT) are carriage free for next day UK mainland delivery.
f) All carriage charges are subject to VAT at the current rate where applicable.
g) The Seller may fulfil orders by delivery instalments and each delivery constitutes a separate Contract.
h) Back-orders over £50 (excluding VAT) will be carriage free for UK mainland delivery.
i) Next day UK mainland delivery is not a guaranteed 24-hour delivery and therefore the Seller will not refund or credit carriage charges where the carrier has failed to meet its obligations.
j) The Seller accepts no liability for any of the Buyer's losses relating to either late, non-delivered or incorrectly delivered goods.
k) Divisibility Clause: This contract is divisible. Each delivery made shall be deemed to arise from a separate contract and shall be invoiced separately.
6. TITLE TO GOODS
a) All Goods remain the property of the Seller until the Buyer has paid for them in full.
b) Goods not paid for by the Buyer once payment is due will allow the Seller or its agent to enter the premises of the Buyer to repossess all Goods belonging to the Seller.
c) The Buyer authorises the Seller or its agents to enter the Buyer's premises for the purpose of enforcing these provisions.
7. LIABILITY
a) We are not liable for any indirect or consequential losses, including loss of profit or business. Our total liability is limited to the value of the Goods supplied.
b) We reserve the right to update or amend these Terms at any time without prior notice.
c) These Terms shall be governed by and construed in accordance with English law and any disputes shall be subject to the jurisdiction of the English courts.
d) No variation of these Terms shall be binding unless agreed in writing by the Seller.
e) If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
f) The Seller shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control.
9. RETURNED GOODS
a) All goods should be checked upon receipt, as worn, printed, embroidered, washed or otherwise processed goods cannot be returned under any circumstances. We do not trade on a sale or return basis.
b) Any goods that you wish to return need to be notified to us in writing.
c) Before goods are returned, a returns number and return note must be obtained from our sales team. The returns number must be clearly displayed on the outside of the parcel.
d) Any garments accepted for return must be sent back in the original packaging and in resaleable condition.
e) Parcels will be refused and returned to sender if these conditions are not met.
f) Sample orders cannot be returned for credit.
g) Returns are accepted subject to proof of purchase and prior authorisation.
h) A minimum restocking charge of £20 or 20% of the goods value, whichever is greater, will apply.
i) If our carrier arrives and the goods are not available for collection, a surcharge will become payable.
j) Any shortfall or damage must be advised to the courier driver at the time of delivery and confirmed to us in writing.
k) We will only accept returns up to a maximum of 5% of a customer's annual turnover with Ranks Enterprises.
l) Goods collected on behalf of the Buyer using the Seller's carrier are subject to a charge of £10 + VAT per carton.
m) Any Goods returned that were not supplied by the Seller will be returned at the Buyer's cost or disposed of.
10. IMAGES
The Seller has various copyrighted images from its catalogue and website that are available for the Buyer to download upon request.
11. CALL RECORDING
The Seller records all calls for verification, training and monitoring purposes.