TERMS AND CONDITIONS
Conditions Of Sale
1.1 These terms and conditions form the basis of the legal agreement ('supply agreement') under which we, GTV Sports will supply to you goods and items ('goods') which you have ordered from us and we have agreed to supply to you.
1.2 Each order will constitute a separate supply agreement between us.
1.3 A supply agreement is made only upon these terms and conditions. No additional, or alternative, terms or conditions will apply to a supply agreement unless we and you, between us, through our authorised representatives, agree otherwise in writing. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions?
1.4 We will be entitled to cancel a supply agreement at any time if you have exceeded or will (as a result of the supply agreement in question or otherwise) exceed your authorised credit limit with us, or if any invoices rendered to you for goods previously supplied are overdue.
2. SPECIFICATION OF GOODS
2.1 All descriptions and other details provided in relation to goods are subject to confirmation by us and may be changed without notice. All sizes are approximate 'to fit' sizes and are given as a general guidance only. Colours, shades, materials and sizes of goods may vary to a minor extent from those illustrated. All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them.
2.2 All goods are subject to availability. We may cancel a supply agreement, or offer suitable alternative items, if the goods ordered are out of stock or no longer available.
2.3 The Company does not trade on a 'sale or return' basis and so all sales made are final and carry no right of return or refund. GTV will rely on your ordering being correct in entering into a supply agreement with you and reserve the right to refuse to take goods back which are ordered in error or are no longer required.
IMPORTANT NOTES ON STOCK RETURNS PROCEDURES
2.3.1 If goods have been sent incorrectly or are found to be faulty on receipt, you must inform a member of the GTV Customer Services Team as quickly as possible and in any case within 7 days of receipt. Wrongly shipped or faulty goods will not be accepted for credit after that time. In the case of faulty goods, please indicate the nature of the fault (without further damaging the garment). We will arrange collection and re-shipping at GTV's cost;
2.3.2 In any other circumstances where you wish to return goods, please contact Customer Services as quickly as possible as no returns will be accepted more than 28 days after original shipment. All such returns are discretionary and may be refused without reason by the Company;
2.3.3 You must take the following steps before* attempting to return unwanted items:
(a) Submit a request for return which must be supported by proof of purchase including relevant invoice and despatch note number; (b) If the return is authorised, you will be sent a Returns Authorisation Note. You must attach this note to the returned goods. Goods returned without a Returns Authorisation Note will not be accepted and will be returned to you at your expense. NO CREDIT WILL BE GIVEN FOR UNAUTHORISED RETURNS;
2.3.4 Returns Authorisation Notes are issued on the assumption that all goods to be returned are in good condition, in their original packaging and not processed, worn or washed. Where this is not to be the case, NO CREDIT WILL BE GIVEN. Please check the condition of goods and packaging carefully before you return them;
2.3.5 Other important conditions relating to returns (other than incorrect shipments or faulty goods):
(a) No returns will be authorised or accepted after 28 days from the original date of shipment;
(b) The Company will charge the cost of carriage on returns plus a handling fee of £20 or 15% (whichever is the greater) to cover handling and administration costs;
(c) No credit will be given for returned sample stock; (d) The maximum value of all returns in any year may not exceed 4% of sales made to that customer.
(e) The Company will determine the application of all rules relating to returns. If you have any concerns or complaints in respect of the administration of the returns procedure you should contact the Managing Director to discuss your grievances.
* Returns which are not pre-authorised will be refused and returned to sender without credit.
2.4 Bespoke goods are non-returnable.
3. PRICES AND PAYMENT
3.1 The price for the goods ('the contract price') shall be the price or prices specified by us in any relevant quotation tender or estimate or (if there is no such quotation tender or estimate) shall be the price or prices specified in our price list current at the date of order. Pack and Carton Rates are based on one colour, one size. We reserve the right to revise our prices at any time without prior notice.
3.2 Unless we expressly state otherwise in writing, all prices are ex- works and are exclusive of carriage postage packaging insurance value added tax and any levy or other tax which may be payable in respect of the goods. The contract price will be inclusive of carriage for orders of £250 or more (not taking into account VAT) to be delivered within England Wales or Scotland ('mainland UK'). Otherwise carriage will be charged at £7.95 plus VAT per delivery within England Wales or Scotland ('mainland UK') and postage will be charged at £4.99 plus VAT per postal packet.
3.3 We will be entitled to charge you interest at 4% above the base rate from time to time of Barclays Bank Plc (or such other clearing bank as we may nominate to you in writing) on all amounts payable by you under a supply agreement which are not paid when due from the time when those amounts first became payable up until the time when they are paid in full and whether that is before or after a court judgement. In the alternative we reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and compensation pursuant to the Late Payment of Commercial Debt Regulations 2002 or any amendments thereof
3.4 Any payments received from you for goods supplied may be appropriated by us and applied towards discharging any amounts owed to us by you in respect of any goods previously supplied where payment is overdue and if so applied will not be deemed to have been received for the goods for which those amounts were tendered.
3.5 If you pay by credit, we reserve the right to make an additional charge to cover any additional administrative expense which we may thereby incur.
3.6 Represented cheques will incur a £20 charge.
4. DELIVERY AND/OR COLLECTION
4.1 Delivery of the goods will be deemed to have taken place:-
4.1.1 upon you collecting them from our premises, which you must do within two working days after we notify you that the goods are ready for collection (if the goods are to be collected by you). Collection times are between 9am and 5pm on a working day (when the order has been placed at least 2 hours prior to collection)
4.1.2 immediately upon us delivering the goods to any agreed or usual place for delivery (if we are to deliver the goods)
4.1.3 immediately upon us posting them (if we are to deliver them by post)
4.2 You must accept delivery of all goods which are in good condition and which are as ordered.
4.2.1 If we are to deliver the goods to you (other than by post) within mainland UK then we will arrange for delivery to be made to the agreed or usual place of delivery by 5pmon the next working day following the date of order (if the order is placed before 4.00 pm on the previous working day) and otherwise by 5pmon the next but one working day. If delivery of an order under £250 (not taking into account VAT) is not made by the relevant deadline then we will credit you with the cost of carriage.
4.2.2 If we are to deliver the goods to you by post then we will post them 9am the following day.
4.2.3 If we are to deliver the goods to a non mainland UK address then we will use all reasonable efforts to deliver within two working days after the date of order.
4.3 Unless we agree otherwise in writing, all delivery dates are estimated dates which we will use reasonable endeavours to achieve. We may deliver the goods to you in advance of any agreed or estimated delivery dates if we give you reasonable prior notice of early delivery.
4.3.1 Subject to the other provisions of these conditions that we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
4.4 If you fail to take delivery of the goods or to give us sufficient instructions to enable us to deliver them, then we may:-
4.4.1 store the goods at your risk until actual delivery and charge you for the additional costs which we may incur as a result of your failure or
4.4.2 invoice you for the goods and upon not less than three working days notice to that effect sell the goods at the best price reasonably obtainable. If we do that then you are to pay us the amount of the invoice and the reasonable costs of storage and sale minus the proceeds of sale (which we may use towards settlement of the invoice) or
4.4.3 cancel the relevant supply agreement
4.5 If we deliver the wrong, or damaged, goods to you then you are to notify us within forty eight hours of delivery giving us full details of the damaged or incorrect goods. We will accept returns of such damaged or incorrect goods notified to us in writing within the relevant time period and will give you the option of a refund or replacement goods. Refunds or replacements claimed outside of the relevant time period will be at our discretion. We will collect the damaged or incorrect goods from your premises.
4.6 You are to notify us in writing of non delivery of part of a consignment within five working days of the delivery of the remainder of that consignment and of non delivery of the whole of a consignment within five working days of the date upon which delivery was scheduled to take place. If you notify us of non delivery within the stated time limits then we will give you the option of a credit or a further delivery of the missing goods. If you do not notify us within the stated time limits then we shall not be liable to you for non delivery.
4.7 GTV Sports. will not accept returned garments that have been processed or decorated in any way.
5. RISK PROPERTY AND INSURANCE
5.1 All risk in the goods (including their loss or destruction) will pass to you:-
5.1.1 immediately upon the date when delivery takes place (or would have taken place but for your act or default)
5.1.2 immediately upon the goods leaving our premises (if we are to deliver them to a third party at your request)
5.1.3 immediately upon the goods having been posted (if we are to deliver the goods by post)
5.2 The property in and title to the goods will not pass to you until we have received payment in full of all amounts due to us in respect of the goods and of all amounts due in respect of other goods previously delivered and invoiced to you.
5.3 Your right to possession of the goods shall terminate immediately if: (a) you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of your administrator or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for winding-up or for the granting of an administration order, or any proceedings are commenced relating to insolvency or possible insolvency ; or
(b) you suffer or allows any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under the supply agreement or any other contract between us, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade.
5.4 The buyers attention is drawn to the importance of ensuring that its own insurance arrangements provide the necessary cover.
6. WARRANTIES AND CONDITIONS
6.1 We undertake that the goods will, in all material respects, comply with any general description which we may have submitted to you, will be of satisfactory quality and reasonably fit for the purpose for which they were manufactured subject to normal usage. Unless specifically stated otherwise, all garments are for leisure, and not sports use.
7. EXCLUSION / LIMITATION OF OUR LIABILITY TO YOU
7.1 With the exception of death or personal injury caused by our negligence (for which there will be no limitation) our liability to you is limited to the invoice value (not including VAT) of the goods which fail to comply with the express undertaking given in condition 6 above. You agree that, in return for the undertakings given in condition 6 all warranties representations guarantees conditions and other terms which would be implied into a supply agreement by law are excluded.
7.2 We will not be deemed to be in breach of this supply agreement if we are unable to comply with our contractual obligations because of any event or circumstance which is in any way wholly or primarily beyond our control or not due to our act or default and in any such event or circumstance we will be entitled to extend the time for complying with our obligations under a supply agreement by a reasonable time and (if we are still not able to comply with our obligations after such reasonable extension) either of us may thereafter terminate the supply agreement in question by written notice to the other.
7.3 We will not be liable to you for loss of profits or of a market or for any type of special indirect or consequential loss.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities which we may suffer incur as a result of you using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.
9. GENERAL MATTERS 9.1 A supply agreement shall be governed by the Laws of England and shall be subject to the exclusive jurisdiction of English Courts of Law.
9.2 A working day is any day from Monday to Friday except for Good Friday Easter Monday Christmas Day and any statutory bank or public holiday.
9.3 We both agree that these terms and conditions strike a reasonable balance between our respective interests. If any of these terms and conditions shall be invalid or unenforceable for any reason then that shall not affect the validity of the remainder of these terms and conditions which will remain in full force and effect but as if any such invalid or unenforceable term or condition had never formed part of it. GTV Sports. shall grant the facility of a credit account on receiving two satisfactory trade references and a bank reference. We will also consider, where appropriate, occasionally searching your record at credit reference agencies.