Terms and Conditions

Creative Party Ltd
Standard Conditions Of Contract – Sale Of Goods

1. These conditions of contract shall prevail over any conditions of purchase used by the buyer and the placing of an order with the seller is an acceptance of these conditions.

2. Prices become effective from the date of issue of the sellers price list or quotation. The seller reserves the right to change them without notice. All prices are exclusive of VAT, which needs to be added at the prevailing rate.

3.Description of goods. The seller undertakes to maintain the designs illustrated in catalogues/leaflets or as supplied to the buyer as a sample, but reserves the right to make changes to the goods supplied without notice provided such changes do not reduce the value of the goods supplied.

4.Carriage within the United Kingdom is free of charge for orders in excess of £175 net value. Orders below this value will be subject to a £10.00 small order charge. Minimum order value £50. Export orders are accepted on an ex-works basis only and carriage will be charged at cost.

5.Delivery dates are estimates only and time of delivery is not the essence of the contract. The seller will endeavour to deliver the goods by the stated delivery date but may suspend or delay delivery and will not be liable for any loss whatsoever in the event of late or non-delivery of goods. The buyer shall not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract.

6. Claims for damage or shortage must be made within 7 days of receipt of goods to comply with the carrier’s limit of responsibility. Claims for non-delivery must be made within 14 days of date of invoice. The seller cannot accept responsibility or claims for breakage, which is discovered after goods have left the buyers premises or have been altered or used in any way. The seller reserves the right to refuse a claim when goods are despatched to the buyer’s customer under the buyers own labels as a sender, proof of despatch to be accepted as proof of delivery.

7. Returns. No goods are sold on a sale or return basis and returns will not be accepted arising from an error on the part of the buyer. If the seller agrees with the buyer that any goods may be returned the seller reserves the right to levy a handling charge. Goods will not be accepted for return, unless such goods are in a condition suitable for immediate re-sale by the seller. Any goods returned without prior agreement with the seller will be held by the seller entirely at the risk of the buyer and will be due for payment within the normal terms.

8. Payment. Cash against proforma invoice will apply until the seller has received a fully completed new account application form and satisfactory credit references. Where a credit account is established and payment terms are not adhered to the seller reserves the right to reduce or withdraw credit facilities.

9. Reservation of Title. The seller at all times reserves the legal and beneficial ownership in goods sold by them until payment has been made by the buyer in full of all sums owing to the seller. The buyer shall hold the goods as bailee for the seller but shall have the liberty to transfer ownership of the goods in the normal course of trading. The proceeds of any such goods shall be held for the account of the seller. The buyer shall keep all the goods that are the property of the seller, in such manner as they can be readily identified as such and the buyer hereby authorises the seller to enter onto the buyer’s premises to recover any goods that are not paid for in accordance with these conditions.

10. Export Customers: Additional Information – Export prices are quoted Ex-Warehouse and all insurance, freight and/or postal charges, are for the buyers account. The buyer undertakes to ensure that the goods comply with all local regulations imposed by the country of destination. Payment may be made by a) Visa or Mastercard. b) Cash against proforma invoice. c) Cash against documents through a first class bank in the buyer’s country. Title and risk of goods is passed to the buyer once goods have left the warehouse.

11. Legal Jurisdiction. The contract (the complete terms of which are contained herein) resulting in an order from the buyer shall be subject to the laws of England and the jurisdiction of the English courts.

12. Data Protection

The information you provide will be held on our database and/or in our records and may be shared for monitoring and administration purposes with our representative body The Giftware Association and with other members of the GA. If, at any time, you do not wish your details to be used in this way please write to the company at our Registered Address given below. We may also transfer information about you to our Financiers who may also store and process information about your business and its principals on their or their associated companies computers in connection with any matters relating to their financing of your transactions with ourselves. We will provide further information regarding the possible use and sharing of information on request.

Details of our financiers can be obtained on request including a contact telephone number.

13. Divisibility Clause

The seller may deliver by instalments in such quantities as it may reasonably decide; such instalments shall be separate obligations and no breach in respect of one or more of them shall entitle the Buyer to cancel any subsequent instalments or repudiate this contract as a whole.

 

Creative Party Ltd, Roundways, Elliott Road, Bournemouth, BH11 8JJ

Company Registration No 2040399

VAT Registration No GB 580180747