Sock Ons Limited Standard Terms and Conditions of Sale For UK
Buyer the person who buys or agreed to buy the goods from the Seller
Condition the terms and conditions of sale as set out in this agreement and any special terms and conditions agreed in writing by the seller.
Goods the articles which the Buyer agreed to buy from the Seller.
Price the price for the goods, excluding VAT and any carriage, packaging and insurance costs.
Seller Supplier: Sock Ons Limited, 62-72 Tabernacle Street, London EC2A 4LR
2.1 These conditions shall form the basis of the contact between the Seller and the Buyer in relation of the sale of Goods in the UK, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may claim to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase goods from the Seller pursuant to these conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of the Seller.
2.5. These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
3.1 The Price shall be the price quoted on the Seller’s current price list.
3.2 The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s Invoice. 3.3 Sock Ons® products must not be offered for sale on auction websites such as eBay or be offered for sale in a manner that could be deemed as damaging to the Sock Ons® brand for instance price matching combined with further discounting.
3.4 Sock Ons® products must not be offered for sale on Amazon as the Seller reserves the right to
be the sole company selling on Amazon.
4. PAYMENT AND INTEREST
4.1 Payment of the PRICE and VAT will be by pro forma unless otherwise agreed.
4.2 If a credit arrangement is agreed, payment of the PRICE and VAT shall be due within 7 days of the date of the Seller’s invoices. Sock Ons Ltd will suspend credit facilities to any outstanding orders of the Buyer if payment is not made within 7 days of the invoice date.
4.3 Interest on overdue invoices shall accrue from the date when payment becomes calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgement.
4.4 The Buyer shall pay all accounts in full and not exercise any rights set-off or counter-claim against invoices submitted by the seller.
4.5 Time of payment shall be of the essence of the Contract.
The quantity and description of the Goods shall be set out in the Seller’s confirmation of order.
Whilst every effort has been made to ensure that all product information is correct, slight variations may occur.
Sock Ons Ltd cannot accept any responsibility for any errors that may have been made. The representation of colours are as accurate as the photographic and publishing process will allow. All measurements are approximate.
7. WARRANTIES / RETURNS
7.1 The Seller warrants that the goods will at time of delivery correspond to the description given by the Seller in the Confirmation of order. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relation to fitness for purpose, quality or Condition of the Goods are excluded.
7.2 In the event of a faulty product, the Buyer should contact the Seller to ascertain whether the product need be returned to the Seller, as the Seller may request that the Buyer instructs their customer to keep the faulty product at no extra cost and for a replacement product to be provided by the Seller FOC either directly to the customer or to the Buyer. If it is agreed that the faulty product is to be returned to the Seller, it can be sent directly to Sock Ons Ltd, 62-72 Tabernacle Street, Londo EC2A 4LR and a replacement will be sent out. When no replacement is available, a refund will be issued. The Buyer should return the product along with a description of the fault. If the product is faulty, The Seller will pay for shipping for the return (return postage should be at reasonable cost) and the dispatch shipping of the replacement product. If a returned product is found to be not faulty, the product will be returned to The Buyer at their expense.
7.3 If a product has to be replaced through any reason other than a product fault, the cost of returning the product to The Seller is between The Buyer and their customer.
8.1 Sock Ons Ltd endeavours to check the accuracy of the information on its website. However, Sock Ons Ltd does not warrant that such information will be error free and the user acknowledges that information, products and services published on this website may include inaccuracies and typological errors.
8.2 Users are provided access to this Website in accordance with these Conditions and any orders placed strictly in accordance to these conditions.
Sock Ons Ltd have made every effort to ensure that its website is virus free. This however cannot be guaranteed and Sock Ons Ltd shall not be held liable for any loss or damage that may arise due to failure to protect your account. Users of the website are responsible for the confidentiality of their passwords and login details and any activities that may occur under their account.
9. DELIVERY OF THE GOODS
9.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
9.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be essence of the contract.
9.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the goods delivered as part performance of the contract.
9.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
9.5 Cancellation must be notified in writing to Sock Ons Ltd at least 2 working days prior to the expected delivery where the order was not cancelled in accordance with the above it shall be responsible for the cost of carriage to and from the place of delivery.
10. ACCEPTANCE OF THE GOODS
10.1 The Buyer shall be deemed to have accepted the Goods 48 hours after the delivery to the Buyer.
10.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
10.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods from the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
10.4 Sock Ons Ltd will not accept returned products unless it so authorises and provided carriage is by a consignor decided upon or authorised by it.
11. TITLE AND RISK
11.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
11.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them or all other sums which are due to the Seller from the Buyer from sales of products (including interest and costs) has been paid in full.
11.3 Until Title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
11.4 The Seller may at any time before title passes and without any liability to the Buyer:
11.4.1 repossess and dismantle and use or sell all or any of the Goods otherwise deal in them; and for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
11.5 The Seller may maintain an action for the price of any Goods notwithstanding that Title in them has not passed to the Buyer.
11.6 Until Title to products has passed to the Buyer, the Buyer shall maintain such product in satisfactory condition and keep them insured on the Sellers behalf for their full price against all risks with an Insurer that is reasonably acceptable to the Seller. The Buyer shall obtain an endorsement of the Sellers interest in the products in its insurance policy. The Buyer shall allow the Seller to inspect the products and the policy.
12. CARRIAGE OF GOODS
Carriage will be chargeable on sales as described in the current Sock Ons Ltd price list.
The manufacturers of the products sold by Sock Ons Ltd reserve the right to modify the design or specification of any product without notice.
14. OPERATING INSTRUCTIONS
The Buyer is responsible for ensuring the proper operating instructions are passed on to their customer. The Buyer consequently accepts responsibility and will fully indemnify Sock Ons Ltd for any damage or consequential loss and all costs, liabilities demands and expenses caused by misuse or lack of understanding of the product by the user.
If before Title to products passes to the Buyer, the Buyer becomes subject to any of the events in clause 15.1, the Seller may at any time require the Buyer to deliver up such products and if the Buyer fails to do so promptly, enter premises of the Buyer or of any Third Party where the relevant products are stored, in order to recover them.
15.1 The events mentioned in the above clause are if the Buyer enters into (i) any composition arrangement with its creditors, or (ii) an order is made or resolution is passed for the winding up, administration or dissolution of the Buyer or (iii) any liquidator, trustee in bankruptcy, receiver, administrator receiver, administrator or similar officer is appointed over the Seller or (iv) any event occurs which has an effect equivalent or similar to the above clauses.