|Terms & Conditions|
SummaryAs a customer you have expectations of us and we take these responsibilities seriously.
We value your business and we will make every effort to supply a product and service package that meets or exceeds your expectations. Our aim is to maintain a longstanding mutually beneficial business relationship with your company.
If for whatever reason you are not completely satisfied with any of our products or services we will endeavour to resolve any problem quickly and to your complete satisfaction
Like all businesses we have terms and condition (T’s & C’s) under which we do business. A full copy of our T’s & C’s is available on our website www.eaststuff.co.uk or by contacting our office by telephone 0044(0)208 879 0474.
We are a simple business supplying simple products and it shouldn’t be necessary for anyone to have to employ a Philadelphia lawyer to understand our terms and conditions. We are not in the business of trying to make it difficult for customers to seek satisfaction, quite the reverse we want you to be delighted with our product and services.
So in essence here is what we expect if we do business together.
Full Terms & Conditions
By placing an order with East Stuff Limited, you are accepting our terms and conditions.
Unless explicitly stated by the Buyer orders are accepted on the basis that the delivery address is within the United Kingdom.
Your existing statutory rights are not affected by these conditions.
1.1 "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.4 "Products" means those goods specified.
1.5 "Price", unless expressly stated otherwise, means the price for the products excluding carriage, packing, VAT or any local duty or taxes payable.
1.6 "Seller" means "East Stuff Limited".
1.7 "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
1.8 "Manufacturer" shall mean the company who manufacture the goods or the company who distribute the goods under their own brand name.
1.9 "Delivery Only" shall mean where the goods are delivered to the ground floor only at the delivery address specified by the Buyer without being professionally installed or placed in specific storage areas by any employee or agent of the Seller or Manufacturer.
1.10 "Delivery and Installation" shall mean where the goods are delivered to the Buyer’s delivery address and are professionally installed or placed in specific storage area on site by employees or agents of the Seller or Manufacturer.
2. Conditions applicable
2.1 Nothing in these conditions shall affect the Buyer’s statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. The price and payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
3.2 Orders for bespoke stock items are be subject to a 10% deposit of the final invoice value payable on placement of order. If the Buyer fails to make the deposit payment as required the Seller may suspend delivery of the Products ordered until payment is made in full.
3.3 Payment of the balance shall be due 30 days from invoice which will be raised once the good have been delivered. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
3.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 6% above HSBC base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
3.5 Where the Seller accepts an order for bespoke product manufactured specifically for the Buyer, the Buyer agrees to take delivery in total or with our agreement, on a call off basis (i.e. you only pay when you actually take delivery of each part of the full order). In any case the buyer is liable to pay for the entire order as delivered or within 6 months from the 1st delivery being made, unless different payment and delivery terms have been agreed in writing between the Seller and the Buyer.
3.6 If for any reason the Buyer does not take delivery of bespoke goods, manufactured specifically for the Buyer within 6 months of those good being available for delivery, or within the timeframe otherwise agreed (per point 3.5 above) the Seller reserves the right to invoice the Buyer in full for the remaining goods in stock and deliver them to the Buyer’s specified location. If the Buyer is unable to accept delivery or fails to supply any other delivery instructions, the Seller will store the goods for the buyer for a fee of £4.00 ex vat per pallet per week or part thereof. All storage charges will invoiced monthly and payable within 14 days of invoice.
4. The products
4.1 The quantity and description of the Products shall be set out in the Seller’s quotation.
4.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
4.3 Photographs are for illustrative purpose only, and may not exactly match the product itself.
4.4 Where a product is bespoke the Seller shall provide the Buyer with a pre production sample to indicate the quality of the product. The Buyer accepts that there can be minor variations between a pre production sample and the finished goods.
5. Warranties and liability
5.1 Unless a use by date is stated on the packaging all goods supplied by the Seller come with a warranty of 12 months from the date of delivery to the Buyer.
5.2 The Seller shall provide the Buyer with such information as is required to claim under the warranty. In the event of a claim, the Buyer shall in the first instance contact the Seller.
5.4 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.5 In so far as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. This does not include items which are damaged by “fair wear and tear”. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6. Delivery and Order Cancellation
6.1 When the Buyer is acting as a Consumer (e.g. individuals buying for private use rather than for business use), the Buyer has the right to cancel the order within seven days of order confirmation, or seven days of receipt of the goods (whichever is the longer) EXCEPT where the goods have been made to the consumer’s specifications. When a Consumer cancels an order under "The Consumer Protection (Distance Selling) Regulations 2000" the Products must be returned to the Seller as outlined in Section 8 of these Terms & Conditions. The Seller will issue a full refund to the Buyer of the price paid for the Products. Delivery & Installation charges will not be refunded after Delivery unless agreed by the Seller.
6.2 When an order is placed by the Buyer and accepted by the Seller, the Seller will place an order on the Manufacturer. Many products offered by the Seller are manufactured by the Manufacturer specifically for the Buyer’s order. The Buyer should note that bespoke goods are rarely shipped from stock and that there is a delay between accepting the order and offering a delivery date for the goods whilst the manufacturing process and distribution process is scheduled and executed. Usually this delay is between 4 and 6 weeks, but it can vary depending on many factors such as general demand levels and availability of product components. The buyer should note that in general terms bespoke goods take 12 to 16 weeks from placement of confirmed order and accepted artwork or pre production samples to be available for delivery.
6.3 Please note that the right to cancellation rule above does not apply where the item is a quick ship item.
6.4 A "Latest Delivery Date" shall be determined on acceptance of an order by the Seller. Unless otherwise agreed between Buyer and Seller this will be 16 weeks after the order is accepted and artwork or pre production samples have been accepted by the buyer. The Seller can extend the "Latest Delivery Date" by advising the Buyer via email of an anticipated delay in delivery and advising the Buyer of the new estimated "Latest Delivery Date”. This "Latest Delivery Date" shall be used to permit the Buyer to cancel unreasonably delayed orders without incurring cancellation charges but also to protect the Seller and Manufacturer from unreasonable cancellation of an order for a built to order product during the normal manufacturing timescales.
6.5 Where the Seller notifies the Buyer of a potential delay in delivery and extends the "Latest Delivery Date" the Buyer shall have the right to cancel the delayed order item within two working days of the notification being sent without incurring any cancellation charges. If the Buyer does not cancel the order within the specified period, a new "Latest Delivery Date" is deemed to have been agreed between Buyer and Seller.
6.6 Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
6.7 The Seller shall use his reasonable endeavours to meet any date agreed for delivery and to deliver on or before the "Latest Delivery Date".
6.8 The Seller shall not be liable for any delay in delivery howsoever caused.
6.9 Delivery to remote mainland areas or to areas outside mainland Great Britain may be subject to additional delivery charges. The Buyer should check with the Seller before placing an order if in doubt. The Seller will endeavour to advise the Buyer of any such charges before an order is accepted.
6.10 The Seller may not be able to undertake installation in very remote mainland areas or areas outside the mainland of Great Britain. The Buyer should check with the Seller before placing an order if in doubt. The Seller will endeavour to advise the Buyer of any Installation problems due to delivery address before the order is accepted.
6.11 Where the goods are being made to the “Buyer’s” specifications or where the Buyer is not a Consumer and the Buyer wishes to cancel an order before delivery for any reason other than failure of the Seller to deliver by the "Latest Delivery Date", the Buyer agrees to indemnify the Seller against any unrecoverable costs charged to the Seller by the Manufacturer on the Buyer’s cancelled order. In many cases no charge will be made where an order is cancelled before the manufacturing process has started or where the order is for standard products that can readily be resold. It is recommended that the Buyer requests the Seller to check the order status and the likely charges before confirming order cancellation.
7. Acceptance of the products
7.1 The Buyer or a representative of the Buyer will have the opportunity to inspect the goods at time of delivery or installation. Any visible damage should be reported on the Delivery note. Any hidden damage that is noticed after delivery or after installation should be reported to the Seller within 3 days of delivery. The Seller or Manufacturer may wish to inspect any damaged products at the delivery address to ascertain what and when the damage was likely to have been caused. Where the Buyer is not a Consumer, the Seller and/or Manufacturer will have the option to repair, replace or refund any item that was damaged prior to delivery to the Buyer.
7.2 Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 3 days after delivery to the Delivery Address.
7.3 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8.1 Where the Buyer wishes to return goods to the Seller for any reason (e.g. order cancellation, defective goods etc), the Buyer must first contact the Seller to advise the reason for the return. The seller will not accept returned goods delivered back to the seller where no prior written notice has been received.
8.2 The Buyer must notify the Seller in a written form (fax, letter or email) if the goods being returned are damaged, defective or not as specified on the order acknowledgement before the goods are returned, even if the goods are being returned due to order cancellation. The Seller will acknowledge receipt of this notification to the Buyer in a written form (fax, letter or email).
8.3 The Seller or Manufacturer may wish to inspect any damage or defects reported in clause 8.2 in order to ascertain how and when the damage was likely to have been caused.
8.4 Where the Seller accepts that the goods supplied were defective, damaged or not as specified on the order acknowledgement, the Seller will be responsible for the costs of returning the goods, otherwise the Buyer will be responsible for these costs.
8.5 All returned goods must be returned complete with all supplied accessories, components, manuals and other documentation.
8.6 All returned goods must be returned by the Buyer to the Seller in a pristine resalable condition, except for any pre-existing damage or defects that have already been notified and acknowledged as specified in clause 8.2.
8.7 All returned goods must be accompanied by a copy of the written notification sent by the Buyer to the Seller advising the Seller of the reason for the return.
8.8 The Seller may reject returns that do not comply with clauses 8.5, 8.6 and 8.7 or where there is evidence to suggest that any damage reported as outlined in clause 8.2 was caused after delivery. The Seller will endeavour to advise the Buyer of any problems with returned goods as soon as possible.
8.9 The Seller will issue any refund due on returned Products within 28 days of receipt of the returned goods unless the return was rejected as outlined in clause 8.8.
9. Title and risk
9.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
9.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
9.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
10. Insolvency of buyer
10.1 This clause applies if:
10.2 The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction).
10.3 An encumbrance takes possession or receivers are appointed, of any of the property or assets of the Buyer.
10.4 The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business.
10.5 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.6 If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
10.7 If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to deliver and invoice for any bespoke stock held on a call off basis for the Buyer without any liability and the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
11.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
12.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
12.3 Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
13. Proper law of contract
This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.