Terms & Conditions
Terms of trading1. Price
1.1 The price quoted include VAT (unless otherwise stated).
1.2 Our quotations lapse after 30 days (unless otherwise stated).
1.3 Orders received exceeding a net value of £150 will be delivered free of charge. Orders received of net value below £150 will be subject to a delivery charge of £15.
1.4 All orders placed exceeding £150 under the 8 week delivery option will qualify for a 10% discount on the net price.
1.5 Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
1.6 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
2. Delivery
2.1 All delivery times quoted are estimates only.
2.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
2.3 You may not cancel if we receive your notice after the goods have been despatched but where cancellation of the contract is
allowed, you can have no further claim against us under that contract.
2.4 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or
consequential loss, or increase in the price of the goods).
2.5 We may deliver the goods in installments. Each instalment is treated as a separate contract.
2.6 We may decline to deliver if we believe that it would be unsafe, unlawful or unreasonably difficult to do so or the premises (or the access to them) are
unsuitable for our vehicle.
3. Risk
3.1 The goods are at your risk from the time of delivery.
3.2 Delivery takes place either at our premises (if you are collecting them or arranging carriage); or at your premises or address
specified by you (if we are arranging carriage).
3.3 You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within five days of delivery or the expected
delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.
4. Payment Terms
4.1 You are to pay us in cash or in cleared funds prior to delivery, unless you have an approved credit account.
4.2 If you have an approved credit account, payment is due no later than 28 days after the date of our invoice unless otherwise agreed in writing.
4.3 If you fail to pay us in full on the due date we may suspend or cancel future deliveries, cancel any discount offered to you, charge you interest at the rate set
under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998 a) calculated (on a daily basis) from the date of our invoice until payment;
b) compounded on the first day of each month; c) before and after any judgment (unless a court orders otherwise); claim fixed sum compensation from you
under s.5A of that Act to cover our credit control overhead costs; and recover (under clause 4.7) the cost of taking legal action to make you pay.
4.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those
at any time without notice.
4.5 You do not have the right to set off any money you may claim from us against anything you may owe us.
4.6 While you owe money to us, we have a lien on any of your property in our possession.
4.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and
including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
5. Title
5.1 Until you pay all debts you may owe us, all goods supplied by us remain our property and you must store them so that they are clearly identifiable as our
property, you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
5.2 You may use those goods and sell them in the ordinary course of your business, but not if, a) we revoke that right (by informing you in writing) or b) you
become insolvent.
5.3 You must inform us (in writing) immediately if you become insolvent and if your right to use and sell the goods ends you must allow us to remove the goods.
We have your permission to enter any premises where the goods may be stored at any time, to inspect them and after your right to use and sell them has
ended, to remove them, using reasonable force if necessary.
5.4 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the
due date.
5.5 You are not our agent. You have no authority to make any contract on our behalf or in our name.
6. Warranties
6.1 We warrant that the goods comply with their description on our order confirmation form; and are free from material defect at the time of delivery (as long as
you comply with clause 6.3)
6.2 We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
6.3 If you believe that we have delivered goods that are defective in materials or workmanship, you must, inform us (in writing), with full details, as soon as
possible; and allow us to investigate (we may need access to your premises and product samples).
6.4 If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with these conditions (in clause 6.3)
in full, we will (at our option) repair the goods, replace the goods or refund the price.
6.5 We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are
negligent, including (as examples only).
6.6 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
7. Return of goods.
7.1 Although not under any obligation, we may accept the return of goods from you only by prior arrangement (confirmed in writing) and on payment of an
agreed handling charge (unless the goods were defective when delivered) and where the goods are as fit for sale on their return as they were on delivery.
8. Export terms
8.1 Clause 8 of these terms applies (except to the extent that it is inconsistent with any written agreement between us) where we supply the goods over an
international border or overseas.
8.2 The ‘Inconterms’ of the International Chamber of Commerce, which are in force at the time when the contract is made, apply to exports, but these terms prevail to
the extent that there is any inconsistency. Unless otherwise agreed, the goods are supplied ex works from our place of manufacture. Where the goods are to be
sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
8.3 You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any
defect in the goods, which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
9. Cancellation
9.1 You may not cancel the order unless we agree in writing .
9.2 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for
the order.
9.3 We may suspend or cancel the order, by written notice if you fail to pay us any money when due (under the order or otherwise); or you become insolvent or
you fail to honour your obligations under these terms.
10. Waiver and variations
10.1 Any waiver or variation of these terms is binding in honour only unless made (or recorded) in writing and signed on behalf of each party; and expressly stating
an intention to vary these terms.
10.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving
any printed terms you may have to the extent that they are inconsistent with our terms.
11. Force Majeure
11.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may
cancel or suspend any of our obligations to you, without liability.
11.2 Examples of these circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes
and difficulty in obtaining supplies.
12. Product Care and Sizes
12.1 Always read the garment care label and follow the recommended washing instructions.
12.2 All fabric is liable to discolour by staining or perspiration particularly lighter shades. We will not accept any liability for garments, which discolour in this manner.
12.3 Fabric printed by a sublimation process can re-print if subjected to high temperatures. Furthermore, heated pressing or ironing should not be applied to
printed logos, motifs or badges. We will not accept any liability for garments damaged through incorrect care.
12.4 Please note that sizes quoted are an approximate size guide only. Sizes will undoubtedly vary among different children.
13. General
13.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
13.2 If any of these terms are unenforceable as drafted it will not affect the enforceability of any other of these terms and if it would be enforceable if amended, it
will be treated as so amended.
13.3 We may treat you as insolvent if you are unable to pay your debts as they fall due or you (or any item of your property) become the subject of: a) any formal
insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy); b)
any application or proposal for any formal insolvency procedure; or c) any application, procedure or proposal overseas with similar effect or purpose.
13.4 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any
contract between us and you should not rely on them in entering into any contract with us.
13.5 Any notice by either of us, which is to be served under these terms, may be served by leaving it at or by delivering it to (by first class post or by fax) the
other’s registered office or principal place of business. All such notices must be signed.
13.6 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
13.7 The only statements upon which you may rely in making the contract with us, are these made in writing by someone who is our authorised representative
and either contained in our estimate (or any covering letter) and not withdrawn before the contract is made or which expressly state that you may rely on
them when entering into the contract.
13.8 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
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- Use of pelada.co.uk
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- Disclaimers and Limitation of Liability
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- General
If there is any conflict between these terms and specific terms appearing elsewhere on pelada.co.uk (including local house rules) then the latter shall prevail.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales.