In these Conditions:
“Buyer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
“Conditions” means the standard terms and conditions of sale set out in this document and include any special terms and conditions agreed in writing between the Buyer and the Seller.
“Contract” means the contract for the purchase and sale of the Goods.
“Force Majeure” means any circumstances beyond the reasonable control of the Seller including, without limitation, an act of God, explosion, flood, fire, war, import or export regulations, strikes, lock-outs.
“Goods” means the goods which the Seller is to supply to the Buyer under these Conditions as specified in the website.
“Seller” means ICP-Uniform Leisurewear, 18 Station Road, Crayford, Kent. DA1 3QA Tel: 01322 555078
- Basis of the sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the prices quoted in this website which is accepted by the Buyer subject to these Conditions, which shall govern the contract.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the Buyer and the properly authorised representatives of the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing.
2.4 Any advice or recommendation given by the Seller, its employees or agents to the Buyer as to the storage, application, use or size dimensions of the Goods that is not confirmed in writing by the seller is followed or acted upon entirely at the Buyer’s own risk. The Seller shall not be liable for any such advice or recommendation which is not confirmed in writing.
2.5 Any typographical, clerical or other error or omission in this website, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- Orders and specifications
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller until confirmed in writing by the Seller’s authorised representative.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s website.
4.1 The price of the Goods shall be the Seller’s quoted price at the point the Buyer places an order.
4.2 Prices are inclusive of any applicable value added tax, but not delivery or packaging charges, unless expressly indicated otherwise.
- Delivery Charges
The Seller will despatch all second-class postal orders over £50 + VAT free of charge. Orders under the £50 + VAT threshold and all orders whereby the Buyer has selected a faster delivery method, such as first-class post and Next Working Day courier, will incur a delivery charge, as described elsewhere on our website.
6.1 The Buyer shall pay the price of the Goods plus any applicable delivery and packaging charges by payment card at the point of placing an order. The time of payment shall be of the essence of the Contract.
6.2 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries to the Buyer.
7.1 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any consequential loss that a delay in delivery of the Goods may cause. Nonetheless, if the Seller is unable to supply any of the Goods ordered by the Buyer within 30-days of formation of the contract, the Seller will contact the Buyer before the expiry of the 30-days to agree a revised delivery date. The Buyer is not obliged to accept any date beyond 30-days from the point of ordering and may at their absolute discretion cancel those Goods that remain on backorder. The Seller will refund the Buyer for the Goods cancelled for this reason, including any delivery and packaging charges levied. The Goods may be delivered by the Seller in advance of any quoted delivery date upon giving reasonable notice to the Buyer.
7.2 It is the responsibility of the Buyer to ensure the delivery address is correct. If inadequate or incorrect delivery information is given then the Supplier shall not be liable to the Buyer for any loss, damage or deterioration of the Goods.
7.3 The Seller, including any delivery company it contracts, does not need to satisfy themselves that the person accepting delivery at the agreed address is authorised by the Buyer to accept the Goods.
- Risk and property
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods, the property in the Goods shall not pass to the Buyer until the Seller has received in full the price of the Goods.
- Warranties and liability
9.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects.
9.2 The above warranty is given by the Seller subject to the following conditions:
9.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods shall be notified to the Seller within 30-days from the date of delivery. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure.
9.4 Where any valid claim in respect of any of the Goods is notified to the Seller, the Seller shall be entitled to replace the Goods free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods, plus a fair proportion of any delivery and packaging charges.
9.5 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer. The entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, plus delivery and packaging charges.
This clause applies if:
10.1.1 The Buyer is returning items because they are the wrong size or are no longer required. The Buyer may cancel an order in part or in full within 14 working days after the day the Buyer receives the order by letter, fax or email. The Seller will provide the Buyer with a refund, excluding any postage & packing charges that may have been levied, within fourteen days.
Replacement items will need to be ordered the usual way via the website
The seller reserves the right to make a handling charge for exchange or return of goods which have been correctly supplied.
The Buyer shall bear the cost of returning any unwanted items to the Seller.
The Seller asks the Buyer to:
- Return any items with its original packaging within 14 working days
- Take reasonable care of the goods whilst in the Buyer’s possession. While Goods are in the Buyer’s possession there is a statutory duty to take reasonable care of them. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Ensure that returned goods are securely packaged so that they are not damaged in transit.
Enclose the original packing slip or a print out of the email order confirmation along with a returns number obtained from the Seller with Goods being returned, The Seller requires this information in order to refund the Buyer’s payment card.
10.1.2 The Buyer is returning defective or incorrectly picked Goods
The Buyer has the right to return defective or incorrectly picked Goods for exchange, repair or refund within 30-days after delivery. If requesting a refund, the Seller will refund the Buyer within fourteen days of argeeing the Buyer is entitled to the refund. In the event that the Seller is unable to supply replacement Goods within 30-days or repair the item at reasonable cost, the Seller will refund the Buyer the price paid for the Goods. The Seller will also reimburse any delivery charges levied, unless the Buyer purchased other Goods at the same time, which the Buyer is not returning to the Seller. The Seller will bear the cost of the Buyer returning goods through issuing the Buyer with a FREEPOST Returns Envelope.
For purchases made from 01 October 2015, for the period between one and six months after receipt of Goods, the Buyer may return defective Goods for repair or replacement at the Seller’s discretion on the assumption that the defect was present at the point of purchase. The Seller will bear the cost of the Buyer returning goods through issuing the Buyer with a FREEPOST Returns Envelope. If the Seller subsequently finds that the assumption is inconsistent with the circumstances, such as there being obvious signes of misuse, including, but not limited to, failure to follow garment laundry instructions, damaged to zips through excessive force, the Seller reserves their right to reject the claim. The Buyer cannot claim against the Seller for damage that the Buyer has caused.
For purchases made from 01 October 2015 for periods exceeding six months, the Buyer may still claim for garment defects, but the Buyer will need to provide evidence to the Seller that the defect was there from the point of delivery or collection. The Seller reserves their right to make an appropriate deduction to the value of the refund to reflect the use the Buyer has had. The basis for any deduction will be the comparison between the time the Buyer has had the Goods and their expected useful life. The deduction can be any percentage up to 100% of the selling price.
The Seller asks the Buyer to:
- Return any items with its original packaging.
- Enclose a short covering letter to assist the Seller identify who has return the defective item, the order number and the reason for the return.
- Take reasonable care of the goods whilst in the Buyer’s possession. While Goods are in the Buyer’s possession there is a statutory duty to take reasonable care of them. You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Ensure that returned goods are securely packaged so that they are not damaged in transit.
11.1 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.2 If any provision of these Conditions is held to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall not be affected.
11.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract and no person who is not a party to this contract (other than a successor in title to one of the original parties) shall be entitled in that person’s own right to enforce any provisions of this contract pursuant to the provisions of the said Act.
11.4 The Contract shall be governed by English Law.
11.5 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.