TERMS AND CONDITIONS OF SALE
‘Supplier' Means West11 Group. a company registered in England and Wales no. 9612290 whose registered office is 21 Broadway Chilton Polden Bridgwater TA7 9DR.
‘Customer' Means the person, firm or company placing a verbal or written order accepted by the Supplier.
‘Delivery date’ Means the date and time specified in the Order and agreed by the Supplier
‘Goods’ Means the goods specified in the Order, including any consignment thereof which the Supplier is to supply in accordance with the Order.
‘Order’ Means the order for the purchase and sale of Goods and placed by the customer with the Supplier.
‘Price’ Means the price contained in the WEST11 Ltd price list applicable at the date of the Order or as otherwise agreed in writing between the Supplier and the Customer.
'RECOMMENDED RETAIL PRICE' (RRP) this is the price suggested by west 11 group for products to be sold to the end user.
‘Pro-forma’ Means the full payment must be made in advance of delivery of the goods.
‘Relevant Information’ Means details of the Customer including the full name of the proprietor, addresses, telephone number, bank details and two trade references.
2. ORDER SIZE
For orders to most parts of mainland UK:
2.1 There is no minimum order value.
2.2 Back orders are kept until shipped by the Supplier or cancelled by the Customer.
2.3. Orders for products that are not in stock will immediately be placed on back order, the supplier will then alert the customer as the products become available. These orders will not incur a carriage charge (exceptions for this if all products are placed on backorder and do not reach the carriage paid minimum.)
3. DELIVERY OF GOODS
3.1 For orders within the England, Wales and industrial Scotland are below £150 (excluding VAT) the customer shall pay £7.50 (excluding VAT) for transport, packing and insurance. For orders above £150, the Customer will not be charged carriage.
3.2 For all orders to UK Islands including, but not limited to; Northern Ireland, Channel Isles & Scottish highlands & Islands, the customer shall pay £15.00 (excluding VAT) for transport, packing and insurance.
3.3 For all orders to courties within the European union please contact us for a quote for shipping.
3.4 All orders to other destinations shall be charged at our courier cost. Any Customs clearance charges that may apply shall also be paid by the customer.
4.1 All prices are exclusive of VAT applicable from time to time or any other duties or charges whatsoever for which the customer shall additionally be liable.
4.2 The Supplier reserves the right, by giving notice to the customer at any time before the Delivery Date, to increase the Price to reflect any increase in cost to the Supplier due to any factor beyond the Supplier’s control.
5.1 Unless otherwise agreed in writing, the first order placed by the Customer shall be on a Pro-Forma basis. Thereafter the Supplier may, in its sole discretion and save as provided in clause 5.2.4 set up account facilities for the Customer upon satisfactory receipt of the Relevant Information. For the purposes of the Data Protection Act 1998, the Relevant Information will be used for the sole purpose of enabling the Supplier to assess the Customer’s status and credit worthiness. The Customer agrees to the use of the Relevant Information for this purpose.
5.2 Account holder invoices must be paid within 30 days from invoice date. If the Customer fails to pay the Supplier the full amount by the due date then without prejudice to any other remedy available to the Supplier, the Supplier reserves the right to implement The Late Payment of Commercial Debt (Interest) Act 1998 including:
5.2.1 Charging the Customer interest on the amount unpaid accruing daily at the rate of up to 8% above the interbank base rate until payment in full is made, which shall accrue at such a rate after as well as before any judgement.
5.2.2 Cancelling any contracts with the customer or suspend any further deliveries to the customer under this or any other contract.
5.2.3 Reverting to Pro-Forma basis in respect of any other contract with the Customer at any time thereafter.
6. FORCE MAJEURE
The supplier reserves the right to cancel an Order or suspend or delay delivery of it without being liable for any loss or damage if supply of the Goods is prevented or delayed by reason of war (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labour disputes, accidents or any other causes or circumstances beyond its control.
7. SHORTAGES, DISCREPANCIES, LOSS IN TRANSIT
7.1 Any claim by the Customer which is based on damage to the goods, caused in transit shall be notified to the Supplier within 3 days of delivery and confirmed in writing within 7 days of delivery.
7.2 If the Customer does not notify the Supplier in accordance with clause 7.1, the Customer shall not be entitled to reject the Goods and the Supplier shall have no liability for any such damage, and the customer shall be bound to pay the full amount as if the Goods had been delivered in accordance with the Order.
8. RETENTION OF TITLE
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
9. BANKRUPCY OR DEFAULT
9.1 Without prejudice to any other remedy available to the Supplier, the Supplier shall be entitled to cancel any other contract with the Customer or suspend any further deliveries to the customer without any liability to the customer, and if any Goods have been delivered but not paid for all sums owing from the customer to the Supplier shall become immediately due and payable if;
9.2 The Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
9.2.1 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
9.2.2 the Customer ceases, or threatens to cease, to carry on business; or
9.2.3 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer.
10. INTERPRETATION AND VALIDITY
The contract and the Conditions shall be governed by and construed in accordance with the laws of England, and The Customer and The Supplier hereby submits to the exclusive jurisdiction of the English courts.
11. ONLINE POLICY
11.1 ‘West 11 Group’ cannot be used as a domain name or part of a domain name associated with selling West 11 products – this is considered a trademark infringement.
11.2 Any images featuring ‘West 11’ product can only be used with prior written consent by an authorised officer of West 11 Group. Un-authorised use is considered copyright infringement.
11.3 West 11 considers all barcodes, descriptions and brand names to be its intellectual property and as such can only be used in accordance with the Online Stockist Policy.
11.4 ONLINE RETAILERS ARE PERMITTED TO SELL VIA 3RD PARTY WEBSITES SUCH AS AMAZON AND EBAY. HOWEVER SALES THROUGH 3RD PARTY WEBSITES ARE RESTRICTED TO SELL PRODUCTS AT NO LOWER THAN 70% OF THE RECOMMENDED RETAIL PRICE. (RRPS ARE AVAILABLE ON REQUEST)
11.5 Retailers with bricks & mortar premises are permitted to sell online via their own wholly owned websites. Licensed brands must be authorised by West 11 and also the Licensor/rights owner. Rights are not awarded to reproduce any intellectual property via any other website without written permission.
11.6 Non-compliance will result in closure of the account and immediate withdrawal of any credit facility.