TERMS & CONDITIONS
1. APPLICATION:
These conditions shall apply to any Contract (“the Contract”) between Somerville Scarves and the buyer being any persons, firm or company from whom Somerville Scarves receives an order for the manufacture and/or supply of any goods (“Goods”) be it placed verbally, in writing or transmitted electronically for the supply of goods.
The Order (“the Order”) constitutes a contract to purchase from Somerville Scarves subject to these terms and conditions and without prejudice to clause 3 below, it is a term of acceptance of such order that any acceptance of the supply of goods following the date of the order shall be deemed to be an unconditional acceptance by the buyer of such order and these terms and conditions shall prevail over any additional or alternative terms of supply which the supplier purports to incorporate unless such additional terms have been agreed in writing by a director of Somerville Scarves as aforesaid prior to the dispatch of goods.
No terms save for the terms and conditions contained herein shall be implied or otherwise incorporated into the contract between the parties whether as a result of any previous course of dealing between the parties or by way of collateral contract or otherwise.
2. PAYMENT
All goods will be invoiced and are liable to be paid within thirty days of the date of invoice unless alternative arrangements have been made prior to the dispatch of any goods. Somerville Scarves reserves the right to charge a late payment fee and charge interest at 7% over base on any invoices that remain unpaid after the agreed payment period has passed.
Goods will remain the property of Somerville Scarves until such time that invoices are paid and funds cleared into the account of Somerville Scarves.
The buyer accepts that any and all costs incurred by Somerville Scarves in the recovery and any attempt at the recovery of overdue amounts from the buyer will be recoverable from the buyer in full including any administrative and legal charges that may be incurred.
3. SUPPLY
Somerville Scarves shall be under no liability to accept orders for the supply of any goods unless and until Somerville Scarves have confirmed availability of such goods and these terms have been accepted in full by the buyer.
Somerville Scarves reserves the right to refuse to supply any order without stating any cause or reason.
Somerville Scarves will dispatch goods to all UK mainland addresses and overseas addresses under the condition that the overseas addressee is liable for any and all import duty’s and taxes that may arise as a consequence of the supply.
Somerville Scarves will not be responsible in any case for refusal of entry of goods at any destination or for any costs associated with gaining clearance for such goods. No refund or credit will be issued for orders that are refused entry at any overseas destination.
4. DELIVERY DATES
Forward delivery dates will be quoted in good faith and Somerville Scarves will make every attempt to fulfil orders within any and all dates given. The liability of Somerville Scarves is restricted to the value of goods supplied and no additional or consequential costs will be accepted as due from Somerville Scarves whatsoever.
Where good shave not been delivered in line with indications, Somerville Scarves will make every effort to make the goods available as quickly as possible, including the use of air freight and express delivery routes.
5. ORDER PACKING
All Orders are to be packed and sorted in line with current Somerville Scarves practice and carry the Somerville Scarves standard labelling and descriptions. Any requirement other than our standard packaging can be accommodated if Somerville Scarves is informed at or shortly following the confirmation of any order. Significant changes in sorting and packing may incur additional warehouse charges,
6. Advice notes detailing the contents of any consignment will be sent with the order, a corresponding invoice may be contained within the order shipped or sent by post or by electronic means.
7. Goods will be delivered subject to availability at the time of packing and shall be shipped by a carrier selected by Somerville Scarves.
8. Any claims by the buyer for defects will be made in writing within 7 days of delivery.
9. Should any goods need to be returned, Somerville Scarves must be informed beforehand and accept the return of such goods before dispatch. Goods returned by the consumer as faulty will be credited once the goods have been returned for inspection and accepted by Somerville Scarves. Goods should be returned by a traceable service, and the reasonable cost of returned goods will be credited to the buyer. Goods sent by any other service and not received will not be credited; proof of dispatch will not be accepted as proof of delivery.
10. GOODS
The range of goods supplied will be agreed between the buyer and Somerville Scarves.
The full range of goods sold at any time by Somerville Scarves may be subject to supply restrictions and/or limited exclusivity arrangements and the supply of goods may be restricted to certain geographical areas or limited by style of retailer.
Goods shall be marked with the “Somerville Scarves” brand where suitable; Images provided by Somerville Scarves or available through any website managed by Somerville Scarves are subject to copyright and may not be downloaded or re-produced for commercial use without the express permission of Somerville Scarves.
11. BRANDING & TRADEMARKS
Somerville Scarves will supply goods to customers marked with the customers own brand or trade mark where requested and agree not to use these marks in promotion of its own brand.
12. GENERAL
Any and all disputes regarding the discharge of liabilities subject to these terms and conditions that can not be resolved between the parties shall be finally settled by submission to the jurisdiction of the English Courts under the law of England and Wales.
If any provision of these conditions is held by any competent authority to be invalid, illegal or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.
13. EXCLUSIVITY OF SUPPLY
Exclusivity of supply in any given area is not guaranteed, while we make every attempt to manage supply within a given geographical area no guarantee can be given that goods will not be sold locally. We will give assurance, where an account is deemed to have sufficient commercial potential that we will limit the number of accounts we will supply within a given area for the season in which the supply of goods has been requested.
Somerville Scarves can not control the distribution of goods once delivered or the distribution of clearance or out of range stock.
14. CONFIDENTIALITY
All matters between the buyer and the seller are confidential and neither party will reveal details of any trading to any other party unless obligated to do so by a duly constituted authority or by a court order. In the event of any authorised body requiring details, both the seller and the buyer will comply fully.
15. Information transferred by fax or e-mail will have legal force and constitute the requirement for “in Writing” as defied in these terms & conditions.
16. Proof of delivery of any item, document or sample will constitute acceptance by either party unless communication to the contrary is received within 21 days.
17. All changes to these terms and conditions must be in writing and authorised by the relevant director on either side.
18. Our Registered Office Address is : 29 Palermo Road, London, NW10 5YS.