‘Seller’ means Designer Handle whose registered office is at Unit C Britannia Mills, Didsbury Street, Blackburn, Lancashire, BB1 3JL.
‘Buyer’ means any customer of the Seller (whether a person, firm or company or any agent, or authorized representative, of such person, firm, or company) purchasing goods from the Seller.
‘goods’ means all and any goods, materials or products of whatsoever description supplied, sold or distributed by the Seller.
‘Conditions’ means these terms and conditions of sale and any of them.
‘Contract’ means any contract entered into between the Seller and the Buyer by which the Seller sells or supplies goods to the Buyer.
Payment – Cash & Carry Customers
The Buyer shall pay in full for all goods purchased from the Seller in cash or debit card or credit card before the Buyer or any other person accompanying the Buyer leaves the Seller’s premises. The Seller will only accept payment by cheque or other negotiable instrument or by any other means where the Buyer has obtained the prior written consent of the Seller to tender payment by such means. In the event of payment being made by the Buyer by way of a cheque or other negotiable instrument which upon presentation to the Bank of issue is not honoured, then the Seller reserves the right either to:
inform the relevant public authorities that an act of fraud may have been committed upon the Seller; or
issue instructions for the re-presentation of the relevant cheque or negotiable instrument, the cost of such representation to be borne in full by the Buyer; and in such circumstances interest on all monies due to the Seller from the Buyer shall be charged on a daily basis by the Seller at the rate of four percent per annum above the base lending rate from time to time of HSBC bank from the date of the Contract to the date of actual payment.
Unless otherwise expressly agreed in writing any delivery times specified by the Seller in its quotation or otherwise are business estimates only (times for delivery not being of the essence) and the Seller will not be liable to the Buyer for any loss or damage (whether direct, indirect or consequential) sustained by the Buyer as a result of the Company’s failure to comply with delivery times.
Where goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
All deliveries refer exclusively to retail delivery addresses in mainland Britain. Orders for other addresses, the Highlands of Scotland or offshore addresses are considered subject to surcharge from the nearest nominated delivery point in mainland Britain.
Passing of Risk
The risk in goods supplied shall pass to the Buyer:
in the case of goods to be collected by the Buyer or its Agent, when goods are loaded by the Seller on to the vehicle collecting them or removed by the Buyer or its Agent from the Seller’s premises; and
in other cases, when the goods are unloaded at the address nominated by the Buyer or its Agent for delivery.
Notification of Defects and Return of Goods
The Buyer must notify the Seller of any alleged defect in or damage to the goods within two days from the date of actual collection of the goods by the Buyer or its Agent or delivery by the Seller of the Goods to the Buyer or its Agent or (where the alleged defect or damage was not apparent upon reasonable inspection) within a reasonable time after discovery of the defect or damage. Any such notice must specify the particular alleged defect or damage and must afford the Seller a reasonable opportunity to inspect the goods in question. If the Seller is accordingly notified of any defect or damage to goods and the Seller agrees that such goods are defective or faulty the Seller will (at its option) rectify the defect or fault or replace any such goods or credit the invoice value of the goods and any such rectification or replacement or credit will be in full and final satisfaction of any claim by the Buyer and the Seller shall have no further liability for any loss or damage arising from the defect or fault relating to such goods. Any damage to the goods shall be deemed to have occurred after purchase unless the Buyer proves to the contrary. No claim in respect of the goods may be made by the Buyer if the goods have been mixed by the Buyer with other goods or materials whether or not supplied or sold to the Buyer by the Seller) or have been subject to any manufacturing process by or on behalf of the Buyer and the Seller shall be conclusively deemed to have complied with its obligations concerning the supply of such goods.
Return of Goods
The Seller may at its absolute discretion, though it shall in no case be obliged, allow the return of goods by the Buyer within one month from the date of the purchase of the goods that a Buyer wishes to return. If the Seller exercises its discretion to allow a Buyer to return goods it shall in all cases upon refunding a Buyer for returned goods be entitled to retain a handling charge equal to 15% of the sale price of the returned goods.
The supply of goods by the Seller shall not confer any right upon the Buyer to use any of the Seller’s trade marks (whether registered or unregistered) and any other intellectual property rights of the Seller without the prior written consent of the Seller and at all times such trade marks shall remain the property of the Seller.
In the event that the Buyer shall have disposed, whether directly or indirectly, of any goods supplied by the Seller to any third party, the seller is not liable for any claims made by the 3rd party or the buyers in any way.
In the event of any proceedings being instituted or threatened against the Buyer in respect of goods supplied by the Seller which the Buyer may allege were defective, then unless the Buyer informs the Seller in writing within 3 days of such threat or institution of proceedings as aforesaid the Seller shall be under no liability to the Buyer in respect of any damages, costs, or expenses sustained by the Buyer in any way arising out of such proceedings. Seller may ask for the defective good(s) to be returned for a full/partial refund at its discretion as long as it falls under the return policy mentioned in the website.