Terms and Conditions of Sale
Black Sheep Traders Ltd, incl; “Associated Subsidiary Companies and Businesses”
6th October 2011
In these conditions, unless the context requires otherwise:
‘Buyer’ means the person who buys or agrees to buy the goods from the Seller; ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller; ‘Goods’ means the articles which the Buyer agrees to buy from the Seller; ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and 'Seller' means Black Sheep Traders Ltd and any subsidiary businesses; ‘Standard Delivery Charge’ means the sum charge applicable to deliveries within mainland England, Wales and Scotland (up to Firth/Clyde corridor). ‘Non Standard Delivery Charges’ means the actual cost of delivery to Scottish Highlands and Islands and Offshore UK (including Northern Ireland and Irish Republic) such charges to be dependant on volume and weight and to be notified to the Buyer prior to dispatch of the order.
‘Product Description’ means the description of the Goods provided on the Sellers website
1.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
1.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
1.3 Acceptance of an order by the seller shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
1.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and payment
2.1 The Price shall be the price stipulated in the Sellers published price list current at the date of the Sale. The Price is inclusive of VAT which shall be due at the rate ruling on the date of the Sale. Published price lists include written and electronic media format, but excludes cached electronic pages.
2.2 In respect of an order made on-line for which the Standard Delivery Charge applies payment of the Price and VAT (plus the delivery charge) shall be due at the time of the order being made
2.3 In respect of an order for which Non Standard Delivery Charges or Overseas Delivery Charges apply payment of the Price and VAT (plus the delivery charge) shall be due within 7 days of the date of the quotation for carriage charges. Time for payment shall be of the essence.
2.4 The Seller is not obliged to accept any order irrespective of value.
2.5 In respect of an Order for which the delivery address is outside the United Kingdom in addition to the Overseas Delivery Charges applicable, the buyer shall be responsible for all Import Taxes and Levies whatsoever which apply to the supply.
3.1 The quantity and description of the Goods shall be as described in the Product Description.
3.2 All dimensions are approximate and should any specific information (which is not within the Product Description) be required the Seller will endeavour to provide this on request.
3.3 The multiples and / or weight in which the Goods are sold are listed within the Product Descriptions. All prices listed however are per single item.
Warranties and liability
4.1 The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller.
4.2 All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law
Delivery of the Goods
5.1 Delivery of the Goods shall be made to the Buyer's address.
5.2 For orders requiring delivery, time of delivery is dependent on the service requested and paid for at the time of purchase, and the Seller cannot be held responsible for delays beyond its control once the goods have been despatched, howsoever caused.
5.3 The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. Any additional costs incurred for making additional delivery attempts will be met by the purchaser.
5.4 The Buyer must notify the Seller of any loss or damage to the Goods within 24 hours of delivery and the Goods shall be either held by the Buyer for inspection by the Seller (or their duly appointed agents) or returned to the Seller at the express instruction of the Seller. If returned the Goods must be in their original packaging.
5.5 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
Acceptance of the Goods
6.1 The Buyer shall be deemed to have accepted the Goods upon delivery to the Buyer, or within 2 days where delivery is not effected due to the unavailability of the buyer.
6.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
6.3 No goods delivered to the Buyer which are in accordance with the Conditions will be accepted for return without the prior written approval of the Seller in accordance with the Sellers returns authorisation procedure and on terms to be determined at the absolute discretion of the Seller.
6.4 If the Seller agrees to accept any such Goods for return the Buyer shall be liable to pay a handling charge based on a percentage of the invoice price at the seller’s discretion. Such Goods must be returned by the Buyer carriage paid to the Seller in their original packaging.
6.5 Goods returned without the prior written approval of the Seller may at the Seller’s absolute discretion be returned to the Buyer or stored at the Buyer’s cost without prejudice to any rights or remedies the Seller may have.
6.6 Your rights under the Distance Selling Regulations are not affected, nor any Statutory Rights under the applicable Laws in force at the time of the Sale.
6.7 Some goods are excluded in Law from being returned, cosmetics, bodycare products, medicaments and confectionery (not exhaustive) and in such circumstances the Seller will not accept returns of these products. The responsibility remains with the Buyer to ensure such excluded items meet the requirements of the Buyer, from the Seller, prior to concluding the Sale. The Seller will ensure descriptions are accurate and supply any additional information to assist the Buyer in making the purchase.
Title and risk
7.1 The Goods shall be at the Buyer’s risk as from delivery
7.2 In spite of delivery having been made title in the Goods shall not pass from the Seller until the Buyer shall have paid the Price plus VAT (and any delivery charges) in full and no other sums whatever shall be due from the Buyer to the Seller.
7.3 Until title in the Goods passes to the Buyer the Buyer shall hold the Goods as bailee for the Seller and shall store the Goods separately from all other goods in its possession and shall mark the Goods in such a way that they are clearly identified as the Seller’s property.
7.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
7.5 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that title in any of the Goods has not passed from the Seller
7.6 Until such time as title in the Goods passes from the Seller the Buyer shall upon request, deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. All such costs to recover will be at the Buyers expense.
Remedies of Buyer
8.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the conditions.
8.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.1 These conditions are subject to the law of England and Wales.