N.B. Headings of paragraphs or sections do not form part of the terms and conditions.
GLOSSARY
The Buyer – The wholesale purchaser of goods confirmed at the end of these Terms and Conditions
The Goods – Items requested for purchase by the Buyer
Terms and Conditions – The Terms of Trade and Conditions of Sale of goods to the Buyer
The Vendor – The Noble Collection UK Ltd
1. GENERAL
1.1 All orders accepted are subject to these terms of trade and conditions of sale. No conditions stipulated in a Buyer’s order, letter or communication shall vary or cancel these Terms and Conditions of Sale unless the Vendor agrees the variance in writing and it is signed by a director of the Vendor. A contract binding on the Vendor arises only on the issue of the Vendor’s written acceptance.
2. ORDERS
2.1 The minimum trade order accepted is a shipped value of net £500. Orders below £700.00 of available stock will be despatched with carriage and packing charged at cost (currently £15). This charge is solely related to the goods total and no allowance can be made for items which are out of stock.
2.2 Each item on an order shall constitute a separate contract.
2.3 The Vendor may allocate stock held to or against such customers and in such quantities, as it deems proper.
2.4 Forward orders (which are subject to availability) for new items will only be accepted in quantities of six or more or a carton quantity where appropriate.
2.5 The Vendor reserves the right to change prices without prior notification and the prices charged will be those applicable at the date of despatch. If a recommended retail price is quoted, this price is calculated to include V.A.T. at the rate prevailing on the day of despatch.
2.6 The Vendor does not operate a “Sale or Return” system and goods (other than defective goods – see note 16) will not be accepted by the Vendor for return or credit.
2.7 The Vendor does not make or give any representation or warranty as to the availability for purchase of any item referred to in any catalogue, advertisement, price list or any other document of communication with or by the Vendor.
3. PAYMENT
3.1 Pro Forma terms apply. Payment by credit card or bank transfer upon picking of goods.
3.2 Should credit be offered payment must be received by the Vendor for goods invoiced within 30 days from the date of invoice. Not withstanding that any payment received is expressed to be made in respect of a particular order or orders. The Vendor reserves the right to allocate any payment received from the Buyer to, or towards, any order or orders invoiced to that Buyer.
3.3 The Vendor reserves the right to withdraw or amend credit facilities at any time at the Vendor’s entire discretion and without being required to give any reason.
4. INTEREST ON OVERDUE ACCOUNTS
4.1 The Vendor reserves the right to charge interest from the due date of payment until the date of actual payment at 5% over the base rate charged by the Vendor’s Bank.
5. TITLE TO GOODS
5.1 Title to all goods delivered by the Vendor to the Buyer shall remain with the Vendor until all sums due have been paid to the Vendor. So long as any sum remains due to the Vendor then no title in any goods shall pass to the Buyer.
5.2 If the Buyer shall fail to make all payments when due or shall go, or threaten to go into any form of insolvent liquidation (whether compulsory or voluntary) which shall be deemed to include liquidation or having a receiver or administrative receiver or administrator appointed or shall make or seek to make any composition with its creditors, or if the Vendor has reasonable grounds to believe that the Buyer is or will be unable to pay its debts as they fall due, the Vendor shall have the right without prejudice to any other remedy of the Vendor, to repossess the Goods without prior notice and to enter any premises for the purpose of such repossession.
5.3 Notwithstanding that the agreed price has not been paid and that the Buyer holds the goods as bailee the Buyer is entitled to use or to resell or dispose of the goods to third parties in the normal course of its business on condition that any goods or any proceeds of sale thereof are held by the Buyer as trustee for the Vendor and any such monies are to be held in a separate bank account pending payment of the entire purchase price to the Vendor. The Buyer hereby assigns to the Vendor all rights and claims the Buyer has against any such third party.
6. EXAMINATION OF GOODS AND CLAIMS REGARDING NON-DELIVERY
6.1 The Buyer of the goods will examine them immediately upon receipt. Any claim for shortage, damage or defect must be made in writing to the Vendor within five (5) calendar days of receipt of the goods. Qualified delivery notes will not be accepted as written notice. Clear photographs of damaged goods are required. No claim for reimbursement or replacement for any reason will be considered unless the requirements contained herein and in clause 17 are adhered to.
6.2 No liability can be accepted by the Vendor for damage in transit or short delivery unless advised in writing to the carriers and the Vendor within five (5) calendar days of receipt of goods or part thereof, or for loss in transit or non-delivery unless advised in writing to the Vendor within seven (7) days of invoice date.
7. RETURN OF GOODS
7.1 The Vendor will not accept the return of any goods of faulty manufacture without written notification which must state the nature of the fault of each item and the invoice number relating to the purchase of each item.
7.2 All transportation charges relating to the return of goods will be borne by the Buyer unless otherwise agreed in writing.
7.3 The Vendor will at its sole discretion replace goods found to be of faulty manufacture after examination provided that the procedure for return in (section 17) has been complied with. The Vendor will return to the Buyer goods that, after examination, are found to have no fault defect and the Buyer will be liable for the cost of the goods as ordered.
8. PRODUCT SPECIFICATION
8.1 All measurements, scales, voltages, listed in the Vendor’s catalogues, order forms, advertisements, or any other publication or communication from the Vendor are approximate only and no warranty or condition is given of accuracy. Whilst the Vendor’s suppliers endeavour to ensure that models or representations will be accurate in detail.
9. DATA PROTECTION
9.1 For goods to be purchased by the Buyer and orders processed by or on behalf of the Vendor it may be necessary for each party to obtain and process personal information relating to individuals employed or appointed by the other party(ies). Both the Buyer and Vendor agree that such information shall be held and processed in accordance with the principles and rights provided by the General Data Protection Regulations (EU) 2016/679 and any other data protection laws that may be applicable or come into force from time to time. The parties agree to provide to the other such proof of compliance as may be reasonably be required and requested in writing.
10. LAW
10.1 These Terms and Conditions of Trade and Sale are construed and applied in accordance with English Law. In the event of any dispute arising the parties shall submit to the jurisdiction of the English Courts.