1. Acceptance of terms
Upon acceptance of the Sellers quotation for the goods the Buyer shall be bound by the conditions of sale herein. These conditions made not be qualified verbally but only if any qualification of the same is committed to writing and signed by or on behalf of the Seller and the Buyer.
2. Construction
The interpretation of these conditions shall be at all times be in accordance with English law.
3. Acceptance of order
Any quotation provided by the Seller should be considered as and invitation to treat and the Seller shall not be bound to meet the Buyers order unless the Seller has submitted to the Buyer a written acknowledgement and acceptance and the Buyers order and no contract shall be formed as between the Seller and the Buyer until the written acknowledgment and acceptance is dispatched to the Buyer. Any prior arrangements and agreements must be in writing, once the Buyer accepts the Sellers offer, the terms and conditions listed here shall be the governing terms of sale.
4. Prices
Prices are quoted for the goods only net of value added tax and the Buyer should pay to the Seller value added tax at the prevailing rate at the time of invoice in addition to the quoted price. The price does not include delivery or any other service by the Seller unless specifically stated in the quotation and confirmed by the Seller in writing.
5. Variation of Order
The Buyer shall not be entitled to vary its order without the Seller written consent which the Seller may make conditional upon the Buyer meeting the Sellers additional cost or attributable losses.
6. Cancellations
Once the Buyer has accepted the Sellers offer, the Buyer may not cancel that order without the Sellers written consent, this must be made within 48 hours of the order being processed. If the Buyer cancels there order once the items have been dispatched, the seller reserves the right to refuse a refund on the order, or deduct up to 25% of the original selling price for a restocking/admin fee. As the returns policy states below, delivery charges are non-refundable unless the goods being returned have been sent to you in error by the seller. On bespoke manufactured projects, we are unable to offer a full refund and have the right to deduct up to 25% of the refund amount. On any bespoke ordered items that have to be specially ordered by The Seller, The Buyer may not cancel and they are not entitled to a refund under any circumstances. Cancellations of any equipment due to equipment delays, manufacturing delays or freight/transport delays are not permitted and will not be processed by The Seller.
7. Substitutions
For certain products and services we reserve the right to substitute alternative products or services of equal or greater quality and value at no extra cost to you if we experience supply difficulties. However, where this is the case, you will always have the right to accept or refuse any products or services that we substitute. If you choose to refuse any alternative product that we have substituted, we will offer a refund or replacement.
8. Returns & Refund Policy
Should you wish to return anything bought from the seller, we will be happy to refund the buyer provided it is in fully resalable condition. Please note that the buyer’s right to return Products does not apply to Products which have been specifically manufactured or specially bought in for the buyer. Returns should be made within 14 days and in original, undamaged packaging. If we, the seller find that the product has not been returned to us in fully resalable condition or within the allocated time we reserve the right to refuse a refund on the item, or deduct up to 25% of the original selling price from the refund amount for a restocking fee. Returns will only be refunded or a credit applied to your account after we have received the goods and they meet the above criteria. Please ensure when the buyer returns goods via Royal Mail or Courier that a copy of your invoice/receipt is enclosed with the goods. We cannot apply any refund or credit without a copy of your invoice/receipt or proof of delivery. Please note delivery charges are non-refundable unless the goods being returned have been sent to you in error from the seller.
9. Damaged or Defective goods
Goods which do not conform with the Buyers order or which are in a damaged state at the time of delivery or proved defective shortly after delivery shall be reported by the Buyer to the Seller as soon as is reasonably practicable but without derogation of the Buyers statutory rights to the Seller shall not be obliged to accept the return of the goods and credit the Buyer unless the Buyers complaint is manifestly correct.
10. Interest On Late Payment
The date for payment for the goods by the Buyer shall be such date as shall have been expressly or impliedly agreed between the Buyer and the Seller on acceptance on the Buyers offer by the Seller. If the Seller invoice remains unpaid or partially unpaid by the date expressly or impliedly agreed for payment between the Buyer and the Seller the Seller may at any time there after give the Buyer seven days’ written notice for immediate payment on expiry of that notice where upon the time for non payment shall become of the essence. If upon expiry of the Sellers notice the Sellers invoice remains unpaid or partly unpaid the Seller may by further written notice to the Buyer claim interest on sums then outstanding from the Buyer at the rate up to 10% per month until the Buyers liability to the Seller shall be discharged in full.
11. Delivery
The Buyer shall be obliged to accept delivery of the goods from the Seller within seven days of the Seller confirmation and acceptance of the Buyers offer but the method of delivery shall be that as maybe agreed in writing between the Seller and the Buyer. If such agreement imposes an obligation on the Seller to deliver the goods then time shall not be of the essence on delivery and the Seller shall not be liable for any losses sustained by the Buyer for late delivery as a result of strikes, lock-outs, non delivery of material or parts by any manufacturer or by un foreseen circumstances, for delays caused by carriers nor for any delay caused by the Buyer nor for any other reason unless there shall appear top be an culpable failure on behalf of the Seller.
12. Non-Delivery
If the goods are to be delivered by a carrier then the goods will be deemed to have been delivered to the Buyer in safe and sound condition on the date specified for delivery unless the Buyer shall otherwise advise the Seller in writing within three days of the due date for delivery in the event of the Buyer failing to give such notice then without derogation of the Buyers statutory right the Seller shall not be obliged to replace, repair, or compensate the Buyer for the damage to or non-delivery of the goods and the Buyer shall settle the Sellers invoice for the goods in full.
13. Insurance
The insurance risk in the goods shall pass to the Buyer immediately delivery is accepted and shall include collection of the goods by the Buyers carrier.
14. Title of Transfer
Until the Buyer shall have paid for the goods in full including any interest due on the whole or part of the purchase price in accordance with condition and herein the property in the goods or any part of them will not pass to the Buyer. Of payment of the Sellers invoice is not made within seven days of the Sellers notice served pursuant to condition and the Seller or the Sellers duly authorized agent should be entitled to enter on to the premises of the Buyer to repossess and remove the goods. At all times after the Buyer has accepted delivery of the goods and until property in the good passes to the Buyer by payment of the Sellers invoice with any interest due there on the Buyer shall hold the goods as baillee and will keep the good in a safe and sound condition insured to the full replacement value thereof. The seller has the right to appoint a agent to recover any monies owed and has the right to charge court costs and recovery fees in addition to any money already outstanding.
15. Assignment
Neither the Buyer or the Seller shall assign its rights or obligation under the agreement without the written consent of the other.
16. Disputes
All disputes, differences or questions at any time arises between the Buyer and the Seller as to the construction of these conditions of sale as to any matter or thing arising out of the contract between the Buyer and the Seller or in any way connected there with shall be referred to the arbitration of a single arbitrator who shall be agreed between the parties or who failing such agreement shall be appointed at the request of either party by the president of the law society. The arbitration shall be in accordance with the arbitration act 1950 and any statutory modification of re-enactment thereof at the time being in force.
17. Account
If The Buyer has requested an account with The Seller, the seller can automatically credit check the Buyer to ensure that they will have a clean account. Late payment’s may result into The Buyers account to be placed on “stop” and no further work will be carried out by The Seller until payment has been brought up to date. This is a mandatory requirement and if account terms are not kept too then The Buyer is breaking terms of agreement and The Seller may take legal action against any late or unpaid invoices. This applies to all sales and service work under-taken by The Seller.
18. Warranty
On all new equipment that The Seller supplies, they come with a 12-month back-to-base warranty as standard and all used equipment comes with no warranty unless stated by a member of staff. This warranty has to be in writing with a signature from The Seller. The Buyer must have a copy and The Seller must hold the original warranty agreement. These warranties do not include standard, consumable parts such as hook & base, needles, needle plate, presser foot or feed dogs etc. These parts wear over time and must be replaced. Any new equipment which may become faulty can be repaired free of charge but has to be returned at the customers expense to our head office in Wrexham, North Wales. If the customer cannot return the machine to our head office, then we have to charge travel time and mileage. However the repair is free of charge (excluding parts needed). All warranty is void if a third party engineer has tampered or been called in to look at the machine.
19. Exclusion of liability
The Supplier shall not in any circumstances be liable for any damages, compensation, costs, expenses or losses, whether direct or consequential, for breach of Contract or otherwise in relation to the Goods. The Buyer acknowledges that the Goods are not manufactured by the Supplier and the Supplier shall not be liable for any failure of the Goods.
20. Changes
We have the right to change these terms and conditions at any time, without any consent.
Exclusions of liability
To the maximum extent permitted by law, The Seller disclaims all representations, warranties, conditions, and terms (whether express or implied by statute, common law, or otherwise). The Seller is not liable for any losses or damages that are not reasonably foreseeable in connection with your use of the Website or these Terms and Conditions.
These exclusions are subject to English law and will be interpreted accordingly. If any provision of these disclaimers and exclusions is found to be unlawful, void, or unenforceable, it will be considered separable and will not affect the validity and enforce-ability of the remaining provisions.
The Sellers liability for personal injury or death caused by our negligence or for fraud cannot be excluded or limited by these Terms and Conditions. Additionally, these Terms and Conditions do not limit or exclude any other liability that cannot be limited or excluded under applicable law.
Other legal notices
Legal notices regarding your use of the Website may be found in other sections of this Website. These notices, in conjunction with these Terms and Conditions, will regulate your use of the Website.
Assignment and third party rights
The Seller reserves the right to update or amend these Terms and Conditions at any time without notice to The Buyer to comply with the law or to meet The Seller's evolving business requirements. Any modifications or updates will be published on the Website.
The Buyer cannot assign or transfer any rights or obligations under these Terms and Conditions to any third party without The Seller's written consent.
The Seller retains the right to assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party with discretion.
The Seller has the authority to enforce these Terms and Conditions. No third party can enforce any of these Terms and Conditions, whether through the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Waiver
Delaying or relaxing The Seller's enforcement of any of our rights or remedies under these Terms and Conditions will not constitute a waiver. The Seller's ability to enforce those rights or remedies at a later time will not be affected by such action. The Seller will only consent to waive any rights or remedies if it is done in writing.
Severability
In the event that any court of competent jurisdiction deems any of these Terms and Conditions to be illegal, invalid, or unenforceable, the remaining provisions will remain fully effective and enforceable.
Entire Agreement
These Terms and Conditions set out the entire agreement between The Buyer and The Seller and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, jurisdiction and language
All matters that arise from The Buyer use of the Website, including any contracts formed between The Buyer and The Seller via the Website, will be subject to the laws of England and Wales. Any disputes that may arise shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts must be concluded in English.
Changes to these Terms and Conditions
The Seller reserves the right to change and update these Terms and Conditions from time to time we recommend a revisit to this page regularly to keep informed of the current Terms and Conditions that apply to use of the Website. By continuing to access, browse and use this Website, The Buyer will be deemed to have agreed to any changes or updates to our Terms and Conditions.
