Terms & Conditions of Sale

 

1(i) Definitions 

  • ‘Company’ means Portico Designs Ltd. of 7-9 North Parade Buildings, Bath BA1 1NS 

  • ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company. 

  • ‘Customer’ means the person who buys or agrees to buy the Goods from the Company. 

  • ‘Goods’ means the goods (including any instalment of the goods or any parts for them) which the Company is to supply in accordance with these Conditions. 

 

1(ii) General 

  • Unless otherwise expressly agreed in writing by a director of the Company or authorised executive of the Company the Goods are sold upon the following terms and conditions and no agent or representative of the Company has any authority to vary or omit these Conditions. Any Conditions printed on the Customers order forms are binding only insofar as they are not at variance with these Conditions. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions that are subject to acceptance by the Company. 

 

2 Acceptance and Variation of Price 

  • (i)The price of Goods shall be the price stipulated in the Company’s published price list current at the date of delivery of the Goods or as otherwise agreed in writing by the Company. 

  • (ii)The Company reserves the right, by giving notice to the Customer before delivery, to increase the price of the Goods due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, alteration of duties, significant increase in cost of materials or manufacture), any change in delivery dates or any delay caused by the Customer or failure of the Customer to give the Company adequate information or instructions. 

  • (iii)All prices are exclusive of VAT, which shall be due at the rate ruling on the date of the Company’s VAT invoice. 

 

3 Purchase of Goods 

  • (i)All opening and repeat  orders must be for a minimum value of £75.00 (ex vatOrders under £200.00(ex Vat) will be subject to a carriage charge .All opening and repeat orders for Greetings Cards only must be for a minimum of £150.00 to receive carriage paid. 

  • (ii) All Goods are supplied on a firm sale basis only. Sale or return is not permitted under any circumstances. 

  • (iii)Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to accept delivery of the Goods, the time when the Company has tendered delivery of the Goods. 

  • (iv)Notwithstanding delivery and the passing of risk in the Goods, or any provision of these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due. 

  • (v)Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company’s property, but the Customer shall be entitled to resell the Goods in the ordinary course of its business. 

  • (vi)Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. 

  • (vii)Receive 15% off full-price merchandise online within 5 days of registering to our website. This offer is not available in conjunction with any other discount or promotion. 

 

4 Delivery 

  • (i)The Company will endeavour to deliver at the time agreed by the   Company but delivery dates shall be regarded as estimates only. 

  • (ii)Delivery of the Goods shall be made to the Customers address and the Customer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.  

  • (iii)Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to 

  • (iv)deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated. 

  • (v)The Company may license or sub-contract all or any part of its rights and obligations under these Conditions without the Customer’s consent. 

 

5 Notification of Loss or Damage 

  • (i)The Company must be informed in writing within seven days of delivery of Goods in the event of any shortage or damage and within seven days of receipt of invoice if the Goods have not been delivered.  

  • (ii)Proof of delivery can only be obtained up to one month after the invoice date and must be requested in writing. Failure to raise queries within the necessary time frame will result in full payment of the invoice being collectable under the Company’s normal terms. 

  • (iii)Where any valid claim in respect of any Goods based on any defect in the quality or condition of the Goods is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.  

 

6 Terms of Credit 

  • (i)Unless otherwise agreed in writing, the Company must receive full payment not later than 30 days after the date of invoice and the Company shall be entitled to recover the price notwithstanding that the property in the Goods has not passed to the Customer. 

  • (ii)All goods are sold on a firm sale basis only, however they may be credited if they are damaged in transit or short on delivery. If there is surplus stock from a replan this must be authorised by a sales agent or representative of the Company, with a Portico Designs returns form having been completed in full and signed by either sales agent or representative of the Company and customer. 

  • (iii)The Company reserves the right to charge interest at the rate of 2% per annum above the base rate of National Westminster Bank plc from time to time on accounts unpaid by this time until payment in full is made. 

  •  (iv) Credit Limits, where applicable, do not override due dates – payment must be made within the agreed terms even if the credit limit has not been reached. 

 

7 Legal Interpretation 

  • The contract is governed by English Law. Any dispute arising out of, or  in connection with, this contract shall be determined by the English Courts. 

 

8 Force Majeure and Exclusions 

  • (i)The Company shall not be liable to the Customer if performance of the contract is prevented or hindered (in particular if an agreed delivery date is delayed) by any cause whatsoever beyond the Company’s control and in particular but without prejudice to the generality of the foregoing by Act of God, war, riot, civil commotion, Government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike, lock out or computer failure and the Company shall not be liable for any loss or damage resulting therefrom suffered by the Customer.  

  • (ii) Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law or liability to the Customer for indirect special or consequential loss or damage (whether for loss of profit or otherwise) or for other claims for compensation whatsoever are excluded to the fullest extent permitted by law.   

 

9 Insolvency of Customer 

  • If the Customer makes any voluntary arrangement with its creditors or (being an individual) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer or the Customer ceases, or threatens to cease, to carry on business or the Company reasonably apprehends that any of the events mentioned above is about to occur then, without prejudice to any other right or remedy, the Company may cancel the contract or suspend any further deliveries under the contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. 

 

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