Terms & Conditions of Sale

These Terms and Conditions should be read carefully as they set out the basis on which the order for the sale of the Design Direct Goods is made
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions the following words shall, except where the
context requires otherwise, have the following meanings:-
"Buyer" means the party referred to in the Invoice;
"Goods" means any goods specified in the Invoice and /or Sales Order
Form (including any instalment of the goods or any parts of them) which
the Seller is to supply to the Buyer in accordance with these Conditions;
"Seller" means Designdirect, currently trading at 71 Craigton Road,
Govan, GLASGOW G51 3RB;
"Conditions" means the standard terms and conditions of sale set out in
this document and (unless the context otherwise requires) includes any
special terms and conditions agreed in writing between Buyer and the
Seller;
"Contract" means the Invoice and /or Sales Order Form and these
Conditions;
"Delivery Date" means the date notified by the Seller on which the Goods
will be delivered by the Seller or, where agreed between the parties, the
date on which the Goods will be collected by the Buyer from the Seller's
premises;
"Invoice" means the Seller's invoice for the Goods;
"Sales Order Form" means the Seller's Sales Order Form for the Goods;
"Price" means the price payable for the Goods, as set out in the Invoice
and/or Sales Order Form; and
"Quantity" means the quantity of the Goods to be sold by the Seller to the
Buyer as set out in the Invoice and /or Sales Order Form.
"Bespoke Goods" means goods manufactured and /or printed specifically
for the Buyer.
2. BASIS OF SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods subject to
these Conditions.
2.2 These Conditions, the Invoice and /or Sales Order Form shall apply to the
Contract to the exclusion of any other terms and conditions.
2.3 No variation to these Conditions, the Invoice and /or Sales Order Form,
shall be binding unless agreed in writing between the authorised
representatives of the Buyer and the Seller.
2.4 The Seller's employees or agents are not authorised to make any
representations concerning the Goods unless confirmed by the Seller in
writing. In entering into the Contract the Buyer acknowledges that it does
not rely on any such representations which are not so confirmed.
2.5 Any advice or recommendation given by the Seller or its employees or
agents to the Buyer or its employees or agents as to the storage,
application or use of the Goods which is not documented in writing and
attached to these Conditions, the Invoice and /or Sales Order Form is
followed or acted upon entirely at the Buyer's own risk, and the Seller shall
not be liable for any such advice or recommendation.
2.6 Any typographical 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 by the Seller
without any liability on the part of the Seller.
2.7 The Seller shall have the right to refuse to accept any order for goods
made by the Buyer in the event that the Buyer proposes to use the Goods
for purposes which are unlawful or which the Seller considers to be
immoral, offensive, indecent or conflicts with the Christian Conscience of
the Seller.
2.8 Age Restricted Items:The following goods are age restricted:
Solvents - Age 18
Spray Paint and Spray Mount - Age 18
Knives (including blades) - Age 16
By completing the checkout you are confirming that you are of the required age.
3. ORDERS AND SPECIFICATIONS
3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of
the terms of any order for Goods (including any applicable specification
agreed between the parties) submitted by the Buyer whether in writing or
otherwise, and for giving the Seller any necessary information relating to
the Goods within a sufficient time period to enable the Seller to perform the
Contract in accordance with its terms.
3.2 The Quantity, quality and description of and any specification for the Goods
shall be set out in the Invoice and /or Sales Order Form.
3.3 If the Goods are to be manufactured or any process is to be applied to the
Goods by the Seller in accordance with a specification submitted by the
Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs
and expenses awarded against or incurred by the Seller in connection with
or paid or agreed to be paid by the Seller in settlement of any claim for
infringement of any patent, copyright, design, trade mark or other industrial
or intellectual property rights of any other person which results from the
Seller's use of the Buyer's specification.
3.4 The Seller reserves the right to make any changes in the agreed
specification which are required to conform with any applicable statutory or
EC requirements or, which do not materially affect their quality or
performance.
3.5 No order for Goods which has been accepted by the Seller may be
cancelled by the Buyer except with the agreement in writing of the Seller
and on terms that the Buyer shall indemnify the Seller in full against all loss
(including loss of profit), costs (including the cost of all labour and materials
used), damages, charges and expenses incurred by the Seller as a result
of cancellation.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be agreed between the parties and set out in
the Invoice and /or Sales Order Form issued to the Buyer in respect of the
Goods.
4.2 The Seller reserves the right, by giving reasonable notice to the Buyer at
any time before delivery, to increase the price of the Goods to reflect any
increase in the cost to the Seller which is due to any factor beyond the
control of the Seller (such as, without limitation, any foreign exchange
fluctuation, currency regulation, increase in taxes, significant increase in
the costs of labour, materials or other costs of manufacture), any change in
delivery dates, quantity or the specification for the Goods which is
requested by the Buyer, or any delay caused by any instructions of the
Buyer or failure of the Buyer to give the Seller adequate information or
instructions.
4.3 The price of the Goods shall be exclusive of any Value Added Tax, which
the Buyer shall be required to pay to the Seller and shall be payable in
pounds (£) sterling.
5. TERMS OF PAYMENT
5.1 Subject to any terms agreed in writing between the Buyer and the Seller,
the Seller shall be entitled to invoice the Buyer for the price of the Goods
on or at any time after the Delivery Date, unless the Goods are to be
collected by the Buyer or the Buyer wrongfully fails to take delivery of the
Goods, in which event the Seller shall be entitled to invoice the Buyer for
the price at any time after the Seller has notified the Buyer that the Goods
are ready for collection or (as the case may be) the Seller has delivered the
Goods.
5.2 The Buyer shall pay the price of the Goods within 30 days from the end of
the month following the date of the Seller's invoice, and the Seller shall be
entitled to recover the price, notwithstanding that delivery may not have
taken place and the property in the Goods has not passed to the Buyer.
The time of payment of the price shall be of the essence of Contract.
5.3 The Seller shall have the option to request the Buyer to pay a deposit for
the Goods at the time of ordering the Goods by the Buyer. The Deposit
shall be set off against the total sums due by the Buyer for the Goods, as
set out in the Invoice and /or Sales Order Form.
5.4 If the Buyer fails to make payment of such sums due in accordance with
Clause 5.2 then, without prejudice to any other right or remedy available to
the Seller, the Seller shall be entitled to:-
5.4.1 cancel the order for the Goods or suspend any further
deliveries to the Buyer;
5.4.2 appropriate any prepayment made by the Buyer for the Goods
(or the goods supplied under any other contract between the
Buyer and the Seller) as the Seller may think fit;
5.4.3 request the Buyer to return those Goods which it has received
but has not paid for; and
5.4.4 charge the Buyer interest on the amount unpaid, at the rate of
2% per cent per annum above Bank of Scotland base rate
from time to time, until payment in full is made (a part of a
month being treated as a full month for the purpose of
calculating interest).
5.5 In the case of payment being made otherwise than in cash, payment shall
be deemed not to have been made until any cheque or bank draft has
been cleared and the proceeds credited to the Seller's nominated bank
account or as otherwise agreed in writing between the parties.
6. DELIVERY
6.1 Delivery of the Goods shall be made by the Seller (or any third party
appointed by the Seller for such purpose) delivering the Goods to the
Buyer's premises or where agreed between the parties, by the Buyer
collecting the Goods from the Seller's premises at any time after the Seller
has notified the Buyer that the Goods are ready for collection.
6.2 The Seller will use reasonable endeavours to deliver the Goods by the
Delivery Date, however the Seller shall not be liable for any delay in
delivery of the Goods howsoever caused. Time for delivery shall not be of
the essence of the Contract unless previously agreed by the Seller in
writing. The Goods may be delivered by the Seller in advance of the
Delivery Date, upon giving reasonable notice to the Buyer.
6.3 Where the Goods are to be delivered in instalments, the Contract shall be
construed as a single contract in respect of each instalment.
6.4 If the Seller fails to deliver the Goods (or any instalment) for any reason,
other than any cause beyond the Seller's reasonable control or the Buyer's
default, and the Seller is accordingly liable to the Buyer, the Seller's liability
shall be limited to the excess (if any) of the cost to the Buyer of similar
goods to replace those not delivered over the price of the Goods.
6.5 If the Buyer has paid for any instalment of the Goods in advance of
delivery, the Buyer shall be entitled to recover the costs of those Goods
which the Buyer has paid for in advance and the Seller has failed to deliver,
save where such failure to deliver is due to the Buyer's default.
6.6 If the Buyer fails to take delivery of the Goods within a reasonable time
period following the Delivery Date or fails to give the Seller adequate
delivery instructions at the time stated for delivery (otherwise than by
reason of any cause beyond the Buyer's reasonable control or by reason of
the Seller's fault) then without prejudice to any other right or remedy
available to the Seller, the Seller may:-
6.6.1 store the Goods until actual delivery and charge the Buyer for
the reasonable costs (including insurance) of storage; or
6.6.2 sell the Goods at the best price readily obtainable and (after
deducting all reasonable storage and selling expenses)
account to the Buyer for the excess over the price under the
Contract or charge the Buyer for any shortfall below the price
under the Contract.
6.7 The Buyer must notify the Seller of any shortfall in the quantity of the
Goods delivered within 48 hours from receipt of delivery, otherwise the
Buyer will be deemed to have received the correct Quantity of Goods
ordered.
6.8 The Buyer must notify the Seller of any damage to the Goods delivered
within 48 hours from receipt of delivery, otherwise the Buyer will be
deemed to have received the Goods in good and satisfactory condition.
6.9 With specific reference to Bespoke Goods:-
6.9.1 The Seller reserves the right to deliver up to 10 per cent less
than the Quantity without making any adjustments to the
Price, and the quantity so delivered shall be deemed to be
the quantity ordered by the Buyer.
6.9.2 In the event that the Seller delivers up to 10 per cent more
than the Quantity, the Buyer shall not be entitled to reject the
excess of Goods delivered and the Price payable by the
Buyer shall be adjusted to reflect the additional quantity of
Goods delivered by the Seller.
6.9.3 In the event that the Seller delivers in excess of 10 per cent
more than the Quantity, as provided in Clause 6.9, the Buyer
shall have the right to purchase Goods delivered by the Seller
in excess of the 10 per cent at such Price agreed between
the parties, otherwise the parties shall agree on the
appropriate action to be taken in respect of such quantity in
excess of the 10 per cent.
6.9.4 In the event that the Seller delivers less then 90 per cent of
the Quantity, the parties shall agree a reduction in the Price to
reflect the quantity of goods delivered by the Seller.
7. RISK AND PROPERTY
7.1 Risk or damage to or loss of the Goods shall pass to the Buyer:-
7.1.1 in the case of Goods to be collected from the Seller's
premises, at the time when the Seller notifies the Buyer that
the Goods are available for collection; or
7.1.2 in the case of the Goods to be delivered by the Seller to the
Buyer, at the time when the Seller has delivered the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other

8. 5% PRICE BEAT: DesignDirect will beat by 5% any price lower than the price for any good published on DesignDirects website if: (a) the Buyer provides a current written quote or invoice displaying the lower price; (b) the quote or invoice is dated no more than six months prior to current date; (c) the good quoted or invoiced is of the same brand, type and quality as a good stocked and advertised by DesignDirect; (d) if the Buyer is eligible for free delivery – the quote or invoice includes delivery costs. This offer excludes reseller, clearance or contract pricing. DesignDirect reserves the right not to accept any offer to purchase.

Categories