Terms & conditions Brandall


1. THE SELLERS CONDITIONS TO PREVAIL

These Conditions of Sale shall override any terms or conditions stipulated, incorporated or referred to by 
the buyer whether in the order or in any negotiations preceding the information of the contract.
 
2. YOUR STATUS

By placing an order through our site or otherwise, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
Any personal data that we gather concerning you shall be used only in accordance with our Privacy Policy.
 
3. PRICE

Unless otherwise agreed by the seller in writing the price for the goods shall be: 
(a) the price set out in the company‚Äôs webstore online prices and 
(b) exclusive of any value added tax which is due for the goods.
 
4. PAYMENT

The seller reserves the right to insist on payment as soon as the Order Form, Invoice, Proof or Quotation 
Sheet has been signed or approved  per email by the customer unless otherwise agreed with the seller in 
writing. Payment in full is required when using our internet or telephone service to enable us to process 
and complete the order.
(a) unless otherwise agreed in writing, a 50 percent deposit is to be paid before the order is  processed.
The outstanding balance of 50 percent is to be settled before delivery. Please note 
seller reserves the right to withhold goods or products until payment has been received in full. 
 
Should payment not be received on or before this date then customers may forfeit all discounts 
previously agreed. We reserve the right to charge interest on any late payments under the Late 
Payment of Commercial Debts (Interest) Act 1998. Late payment may cause a delay in the 
delivery of the order.  
(b) Payments due from buyer  that default or delay payment resulting in costs to seller, will be liable 
for these costs.
(c) Interest charged at 5% per annum above base rate on outstanding debts past date of agreed 
payment.
 
5. TIME LIMIT FOR DELIVERY

Time shall not be of the essence as far as delivery of goods by the seller is concerned and by agreeing to 
deliver goods by a specific date the seller shall not be deemed to have waived the benefit of this 
condition. Failure to deliver within the time stated, shall not entitle the buyer to any claim upon seller by 
reason of such a failure. Delivery times are approximate and commence from confirmation of all order 
details. This is due to variables outside sellers control such as delayed shipping lanes, customs 
inspections, un expected machine breakdowns/maintainance necesssary to complete the order and road 
freight delays. Please note that late payment & artwork confirmation may cause a delay in the delivery of 
buyers order.
 
6. SPECIFICATION AND DRAWING SUITABILITY
 
(a) The buyer shall be responsible for the contents of all plans particulars and other information supplied 
by it to the seller and for any discrepancies, inconsistencies, errors or omissions therein.
(b) The suitability of the goods is the buyers responsibility and unless specifically stated in writing by the 
seller no warranty or condition is given or implied concerning fitness for the purpose for which the goods 
are to be used.
 
7. ARTWORK PROOFS AND DESIGN
 
Proof work carried out by seller that is submitted for a buyers approval shall incur no liability for any errors 
not corrected by the buyer. The buyer warrants that the use of any trade mark copyright material or other 
designs supplied by the buyer or utilised at the buyers request will not be an infringement of the trade 
mark or copyright or rights of any third party and in the event of infringement will indemnify the seller 
against any claim arising there from.  The buyer shall indemnify the seller in respect of third party rights 
where design is supplied by the seller.  The seller reserves the right to dispose of any artwork and printing 
plates if no orders relating there to are placed with the seller within the preceding four years. All work will 
carry the sellers imprint or logo unless by design or by buyers request
 
8. TOLERANCE

Although the seller shall make reasonable efforts to supply the number and kind of goods contracted for, 
nevertheless the seller shall be entitled to a tolerance of 10% less or more in the number of goods, print 
colours, finishes, dimensions of goods, gauge of material agreed & materials ordered but a variance of 10 
per cent only may occur. In the event of the seller supplying more goods than agreed the buyer shall pay 
extra for such excess on a pro rata basis and in the event of the seller supplying fewer goods than agreed 
the buyer shall only pay for the quantity supplied, and shall consider the order complete. A total discount 
of 10% will be discounted off the invoice where (one or more of) late delivery occurs, variance on 
material, dimensions, print or materials, beyond the accepted industry tolerance stated above. Delivery 
may be completed up to 28 days after date agreed due to the nature of the supply chain stated in 5. 
 
8.1. DELIVERY.

Whilst every effort will be made to supply material in accordance with the quality of samples 
submitted or quoted for, the contract is not a contract of sale by sample.
 
9. DISPUTES
 
The buyer shall within 14 days of delivery of goods inform the seller in writing of any discrepancies 
concerning the goods. In default of such notification, the buyer shall be deemed to have accepted the 
goods.
 
10. DESPATCHES BY INSTALMENTS
 
Every despatch of goods made by the seller shall be deemed to have been made in respect of a contract 
different from other despatches of goods (notwithstanding that the seller may have contracted to 
despatch all goods in one consignment) and so that:
(a) The buyer shall be liable to pay the seller for the price attribute to the goods so despatched 
(notwithstanding that the seller shall not have fulfilled the remaining part of any contract)
(b) The buyer shall not be entitled to cancel the whole or any part of any order or contract and
(c) The seller subject as herein provided shall remain liable to the buyer in respect of other goods yet to 
be dispatched.
 
11. THE BREACH
 
(a) The buyer will be treated as having repudiated the contract if it:
(i) Becomes insolvent: or
(ii) Commits a serious breach or one, which is not remedied within 7 days of being asked to do so.
(b) The buyer may be treated as having repudiated the contract if it:
(i) Does not make payment when due: or
(ii) Fails to accept delivery or give delivery instructions
(c) If the buyer repudiates the contract:
(i) All invoices sent to it must be paid immediately
(ii) The price of all goods not invoiced but delivered by the seller or manufacturer or ordered for sale to the buyer
      must be paid immediately.
(iii) The seller will be released from all future obligations under all contracts.
(d) The buyer may be treated as insolvent if
(i) It is a company, which has a petition for winding up, or administration presented against it or passes
     a resolution for winding up
(ii) A receiver of any of its assets is appointed
(iii) It convenes a meeting of its creditors
(iv) It (or any of its partners) becomes bankrupt
(v) It is unable to pay its debts (defined in Ss 123 or 268 Insolvency Act 1986)
(vi) One of its creditors tries to serve on it a document purporting to be statutory
 
12. OWNERSHIP
 
(a) The goods remain the sellers property (even after delivery) until:
(i) The buyer pays all that is may owe the Seller
(ii) The buyer sells them (at arms length to a customer not connected within itself)
(b) The buyer may use or sell the goods (but not if it is insolvent or the seller tells it to return them) but 
only if the proceeds of the sell are held in trust for the seller and paid into a separate account which may 
not be overdrawn for the seller.
(c) While the goods belong to the seller:
(i) The buyer will hold them as the sellers fiduciary agent and ballie (but may not commit the seller to any 
liability under any contract); and
(ii) The buyer will store them safely and separately from other
(d) When the goods belong to the buyer but are under the sellers control then, if the buyer becomes insolvent or fails
to pay the seller when it should have, the Seller has (in addition to its rights under Ss 38-48 Sale of Goods Act 1979)
(i) A lien on the goods
(ii) A right of stoppage in transit, and
(iii) A right of resale as the buyers agent
(e) The seller may sue the buyer for payment whether or not property in the goods has passed.
 
13. FORCE MAJEURE
 
(a) The due performance of the contract is subject to cancellation or variation by the seller as a result of 
any default whatsoever on the part of the sellers own suppliers or the inability to secure labour, materials 
or supplies as a result of any act of God, war, riot or civil disturbance, strike, lockout or any other labour 
dispute, fire, flood, drought or accident, legislation, requisitioning or other act or order by any government 
department, council or any other duly constituted authority, or any other cause beyond the sellers control, 
in such an event, no liability shall attach to the seller by reason of cancellation or variation of any contract.
(b) Deliveries may be wholly or partially suspended and the time of such suspension to the original 
contract in the event of stoppage, delay or interruption of work, in the establishment of the seller during 
the delivery period as a result of any of the clauses set out in subparagraph (a) or any cause whatsoever 
beyond the control of the seller.
 
14. RISK AND DAMAGE IN TRANSIT
 
(a) From the time of despatch of the goods from the seller to the buyer the risk of any loss or damage to 
or deterioration of the goods from whatever cause shall be borne by the buyer
(b) If the seller undertakes delivery of the goods it shall not be liable:-
(i) For any loss, damage, deviation, delay or detention of the goods in the course of transit, or for 
misdelivery or short delivery unless the buyer gives to the seller and to the carrier within 3 days of receipt 
of the goods a written notice of the buyers complaint:
(ii) For non-delivery or non-arrival of the whole of any consignment of the goods or of any separate 
package unless the buyer shall give to the seller and to the carrier a written notice thereof within 4 days of 
the date of notification of the despatch of the good.

15. PRIVACY

When we collect personal information, it is our usual practice to collect this information directly from you.
We do that through the Brandall.co.uk user registration process. Personal information may include your
name, email address and company information. We only use your personal information for the purposes
for which you give it to us and for internal management purposes.
You agree to us using your email address to send you messages concerning invoices, updates & other disclosures.
We do not give information about you to government agencies, organizations or anyone else unless one of the following applies:
(a) you have consented;
(b) you would expect us to;
(c) it is required or authorized by law;
(d) it will prevent or lessen a serious and imminent threat to somebody's life or health; or
(e) the disclosure is reasonably necessary for law enforcement.
(f) You may request us to remove your personal information from our database or request access to your personal
information held by us.
You may do this by sending us an email at info@brandall.co.uk.

16. PAYMENT

(a) All creditcard handling and payments instructions will be processed directly by Adyen (www.adyen.com) and are subject to the
    Terms and Conditions of Adyen.
(b) All aspects of the Adyen payment processing infrastructure meet the highest standards of security, integrity and stability and
     are PCI compliant.
(c) Credit card data is protected by a high level of encryption before transmitted over the Internet. (d) Brandall.co.uk
     does not store or have accessto your credit card details except for performing the procedure relevant to your purchase
or issuing refunds in the case of cancellation, in compliance with the exercise of your withdrawal right, or for reporting
cases of fraud to the police.

17. FEES AND CHARGES

(a) For each transaction, in addition to the charge you have authorized, your credit card issuer and network may
assess their customary transaction or handling charge, if any.
(b) For each transaction, Brandall.co.uk shall charge a credit card processing free. This processing fee is equal
to the transaction cost charged by the payment processor and depends on your credit card issuer or network.
Each transaction shall be subject to a minimum credit card processing fee of 3%.
(c) If a charge is declined or reversed by the credit card issuer or network, you agree to pay us a service charge
and to reimburse us for all reasonable costs related to the transaction.
(d) If your credit card issuer or network does not honor an online payment transaction, then we have the
right to charge or to collect the amount of any such transaction by any available alternative payment method or in an other way.

Brandall.co.uk Terms and Conditions for online credit card payments are subject to change at any time.
Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction.

18. CLAIMS GENERALLY

In no circumstances shall the seller be liable for consequential loss or for any claims relating to the condition
of goods stored by the buyer for more than 3 months.

19. CONTACT

Brandall.co.uk is part of FullServicePlatform, a trademark of Capellegoed BV, registered at the Dutch Chamber of Commerce with no. 30165565.

Brandall.co.uk HeadOffice:
Studio 2
3 Grange Gardens 
Blackwater Road
Eastbourne
East Sussex
BN20 7DE
United Kingdom

VAT No.: GB 157 1293 08
Telephone: 01323 705000
Email: info@brandall.co.uk

 

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