Terms of Contract
This Contract is between us, CREATESTORE, and you, our customer, for the production and supply of goods.
In all aspects of this contract and subject to the terms and conditions stated below, we will always endeavour to be reasonable and accommodating in our negotiations with you.
Our VAT Number is: 104 1787 91
1. Quotations and Price Variation
1.1 Any price that we provide to you shall be based on the current cost of production and valid for 3 months.
1.2 A quotation provided under clause 1.1 can be amended by negotiation prior to acceptance, but the validity period stated in that clause shall remain unaffected.
2. Samples
We may charge you for any samples that we provide to you.
3. Pricing and Availability
We will endeavour to make available to you all the items you order, but we cannot guarantee specific availability, either of item or of quantity. As we process your order, we will inform you by e-mail or by phone if any products you order turn out to be unavailable. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
4. Payment
4.1 Our prices are exclusive of VAT at the prevailing rate.
4.2 Any payment is due within 30 days of the date of our invoice to you.
4.3 If we agree with you to expedite completion, then we may charge you for any overtime and any other additional costs involved.
4.4 In default of payment by you then we may charge you interest at the rate of 4% per annum above the prevailing Bank of England base rate from the date that payment is due until the date that payment is received, together with the costs of recovery.
5. Title
5.1 Upon us notifying you of availability of goods agreed under this Contract, ownership in the goods shall pass to you within 7 days thereafter unless agreed otherwise.
5.2 If you fail to pay our invoice for the goods in accordance with clause 4.2 and the goods have remained in our possession, then ownership in the goods shall revert back to us and we shall be at liberty to deal with the goods as we see best fit.
6. Dispatch, Delivery and Return of goods
6.1 You must arrange with us when you will collect the goods or agree delivery arrangements.
6.2 Unless included in the price quoted, goods for delivery will be charged according to current courier or postal rates, and include the cost of packaging. VAT will be added at the prevailing rate. Prices quoted are for most of UK Mainland delivery, but not for commonly quoted postcodes in outlying areas. We will notify you about any extra charges for these areas and for Northern Ireland, Channel Islands, Isle of Man and the Scilly Isles.
6.3 For delivery in Europe and rest of world, we will notify you and agree with you the charges at the time.
6.4 You will be notified of dispatch of your order by e-mail or otherwise by arrangement. Please note that dispatch times are estimates. They are not guaranteed and cannot be relied upon as such.
6.5 If for any reason you are unhappy with your purchase you can return it to us in its original condition within 30 days of the date you received the item. Goods must be unopened with any seals and wrapping intact, and we will issue a full refund for the price you paid for the item. We can only accept the return of opened items if they are faulty. We do not operate a “sale or return” policy. Please note we reserve the right to send items back to you that have been returned to us after 30 days unless they are faulty. This returns policy does not affect your statutory rights.
7. Inspection
Upon delivery of the goods it is incumbent on you to immediately inspect the goods and notify us of any defect in them within 7 days of delivery, otherwise you are deemed to have accepted the goods in the state delivered.
8. Loss and Damage
8.1 We shall not be liable to you for any damage and loss in respect of any property in our possession that has been provided to us by you or on your behalf, unless otherwise agreed.
8.2 Upon ownership in the goods passing to you in accordance with clause 5.1, we shall not be liable to you for any damage and loss in respect of those goods whilst they remain in our possession thereafter.
8.3 If delivery of the goods has been arranged by us and either:
(a) during transit the goods are damaged; or
(b) only partial delivery occurs,
then, subject to clause 8.5, you must within 7 days of delivery notify us in writing of the damage or partial delivery and of any losses suffered as a consequence, otherwise we shall not be liable for rectifying what has occurred.
8.4 If delivery of the goods has been arranged by us, but no delivery occurs by the agreed delivery date, then subject to clause 8.5, you must within 7 days of the agreed delivery date notify us in writing of non-delivery, otherwise we shall have no further responsibility to ensure delivery occurs.
8.5 The limitation on our liability under clauses 8.3 and 8.4 is subject to you proving that compliance within the time period set out in those clauses was not possible.
9. Termination
You may terminate this Contract at any time, whereupon we may charge you for any work that we have completed on your instructions up to the date of termination.
10. Insolvency
10.1 Clauses 10.2 and 10.3 shall apply if:
(a) being a company you have been deemed to be unable to pay your debts or a winding up petition has been made against you; or
(b) being a person you have committed an act of bankruptcy or have had a bankruptcy petition issued against you.
10.2 In the event that clause 10.1 applies we shall have the right to terminate this Contract forthwith and charge you for:
(a) any work carried out (whether completed or not); and
(b) any materials purchased.
10.3 In addition to clause 10.2 and in respect of payment of any debt due from you to us we shall:
(a) have a general lien on all your property that is in our possession (whether worked on or not); and
(b) on the expiration of 14 days notice to you be entitled to dispose of any of that property in a manner and at a price we consider best fit and apply the resulting proceeds of sale toward payment of any debt due from you to us, with any of that property not sold and/or any surplus of the proceeds of sale of that property being provided to you.
11. Force Majeure
11.1 We shall not be liable to you when the reason for us not providing the goods on time is due to any event outside of our control, including (but not limited to) Act of God, war, fire, flood, failure of power supply, lock-out, strike or other action taken by our employees.
11.2 During the continuance of an event under clause 11.1 you may by written notice to us elect to terminate this Contract and upon receipt of that notice the terms in this Contract shall only apply to any goods completed by us under this Contract as at the date of receipt of your notice.
12. Third Party Rights
This Contract does not nor is intended to confer a benefit on a third party within the meaning of the Contracts (Rights of Third Parties) Act 1999.
13. Severance
If any provision of this Contract is deemed to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of this Contract which shall remain in force.
14. Applicable Law
This Contract is subject to the laws of England and Wales and the jurisdiction of the English courts
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