TERMS AND CONDITIONS OF SUPPLY
The following conditions are deemed to be incorporated in all Sales Contracts entered into by Tradescant Ltd and represent the only basis upon which products can be supplied save to the extent that the conditions have been varied by express agreement in writing signed by both the customer and for and on behalf of Tradescant Ltd by a Director. To the extent that these Terms and Conditions of Supply contradict any standard Terms and Conditions of the Customer then these Terms and Conditions shall prevail.
- “Customer” means the party identified as the Customer in this Agreement to whom TRADESCANT may agree to supply products in accordance with these terms and conditions.
- TRADESCANT” means Tradescant Limited of Lower Underhand Farm, Slaidburn Road, Newton-in-Bowland, Lancashire BB7 3DL.
- “Products” means goods including but not limited to Interiors and Interior Design, Home Products and Services to be provided by TRADESCANT to the Customer in accordance with these terms and conditions.
- Quoted prices include the cost of normal packaging but exclude delivery, transit insurance or installation prices (where applicable).
- All prices are exclusive of Value Added Tax and any similar taxes which will be applied in accordance with UK legislation in force at the tax point date.
- Catalogues, Brochures and price lists issued by TRADESCANT are intended only as an indication of price and range of products. These prices, descriptions and other details are correct at the time of issue but may be subject to changes by TRADESCANT.
- All quoted or listed prices are based on the cost to TRADESCANT of supplying the products to the customer. If before delivery of the products they occur any increase in any way of such costs in respect of products, which have not yet been delivered, the price payable may be subject to amendment with prior notice and written agreement from the client.
- If ordering from outside the EU, TRADESCANT is not responsible for any taxes or duties (such as import duties) due on any orders.
- We reserve the right to withdraw products from our range at any time without prior notification.
- There is a minimum order length of 1m for fabric and 1 roll of wallpaper. 2 rolls of wallpaper outside the UK.
- Bespoke orders are subject to minimum orders and this will be quoted on a case-by-case basis.
- All orders placed must be in writing and quote the name of the item, colourway and quantity.
- Memo samples remain the property of TRADESCANT. They must be returned within 28 days of receipt otherwise they will be invoiced for at either trade or retail price.
- Colours and finishes may vary from printer batch to batch. If an exact match is required, request a stock cutting.
- Customers must satisfy themselves that any product supplied by TRADESCANT is fit for the purpose it is intended by the end recipient. TRADESCANT is not liable if our products are used outside our guidelines.
- Wallcoverings must be checked and shaded prior to hanging.
- Any time quoted for despatch is to be treated as an estimate only and despatch may be postponed because of conditions beyond the reasonable control of TRADESCANT. In such an event TRADESCANT shall not be held liable for any damages or penalty for delay in despatch or delivery.
- Risk passes to the customer on despatch and TRADESCANT accepts no liability for loss or damage caused by the courier.
- It is the responsibility of the customer to check the products for shortages, faults, damage, incorrect products and the like on receipt. If products are damaged, or there are any discrepancies between the delivery note, the order, and the products the customer must notify TRADESCANT within 48 hours of delivery.
- If proof of delivery is required, this must be requested within 7 days of the date of the invoice.
5 PAYMENT TERMS
- The price quoted to account holders is trade price. All other prices shown on our website or quoted to non-account holders is the selling price.
- Payment is strictly pro-forma and must be paid in full before despatch of any goods.
- Credit will only be given in exceptional circumstances and only with prior written consent from TRADESCANT. A 50% deposit will be required.
- TRADESCANT reserve the right to charge 2% above the LIBOR Rate for any overdue accounts.
- The goods remain the property of TRADESCANT until payment has been made in full.
- The customer is entitled to resell the product for no less than the recommended retail price as directed by TRADESCANT and failure to comply with this, unless prior agreement is obtained, may result in your account being terminated without notice.
6 RETURN OF PRODUCTS
- Returns are only accepted by prior written agreement and are considered on a case-by-case basis
- TRADESCANT reserves the right to charge a handling fee of 50% of trade price for any authorised returns.
- If unauthorised returns are made, TRADESCANT will not issue a credit to customer accounts.
- TRADESCANT reserves the right to refuse the return of any made to order products.
- Cancellations must be made in writing and will only be accepted if the product is uncut, has had no requested modifications, is already in transit or is a custom made order.
- Costs may be incurred for any cancellations made 48 hours prior to despatch.
8 FORCE MAJEURE
- TRADESCANT reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (but not limited to) fire, floods, storm, shortage of materials or labour.
- TRADESCANT will not consider any claim in any circumstance should any of the goods been cut, modified, hung or damaged in anyway.
- Wallpaper – claims for irregularities against wall coverings that can only be seen once hung, or other reasonably recognised, are to the shorter of 3 drops or 10 metres.
- Claims for labour charges will not be accepted under any circumstances.
- It is an intrinsic character of textiles and wallpapers that variations in texture and colour exist. In particular, natural fibres, may contain slubs and other irregularities and as such, claims for these will not be accepted under any circumstances.
10 GENERAL DATA PROTECTION REGULATION (GDPR)
11 LAW AND INTELLECTUAL PROPERTY
- These terms and conditions shall be subject to English Law.
- TRADESCANT retains all intellectual property rights, copyright and trade marks relating to the Tradescant & Son product range and website
12 LIABILITY AND CONSEQUENTIAL LOSS
- TRADESCANT LTD excludes Economic, Consequential and Indirect Loss from our Contract terms and conditions. TRADESCANT liability under contract is restricted to either £10,000.00 or three times the fees, whichever is lesser.
- TRADESCANT excludes Consequential and indirect loss from our Terms and Conditions.