Welcome to the iansanderson.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
The following terms and conditions apply to every offer, quotation, acceptance and contract for the supply or sale of goods by Ian Sanderson (Textiles) Ltd and apply in place of and prevail over any terms or conditions contained or referred to in the Customer's order or elsewhere or implied by trade custom practice. Acceptance of these terms and conditions is signified and implied by the customer ordering goods, whether verbally, in writing, by fax or e-mail.
Prices are list ex-warehouse and do not include carriage, freight and insurance. Prices are subject to alteration without notice.
3. PAYMENT TERMS
3.1 Unless otherwise agreed in writing by the Company; invoices are to be paid in full without any deductions no later than 30 days net from date ofinvoice. The Company may,
at its discretion:
(i) once an account becomes overdue for payment, suspend all supplies until the account is brought up to date; or
(ii) change or withdraw any discount (where given) if the Customer is in breach of the Contract (including where payment is not made in accordance with the Company terms);
(iii) change or withdraw any extension of credit allowed to the Customer (including accounts which have been inactive for a period of 6 months or more); or
(iv) charge interest of 2.5% on the amount due from the due date for payment in accordance with current legislation as set out in the Late Payment of Commercial Debts
3.2 If in the opinion of the Company the credit-worthiness of the Customer has deteriorated the Company may require full or partial payment of the price prior to delivery.
3.3 SECURITY OF PAYMENT AND PERSONAL DETAILS
All payments processed via the Ian Sanderson Website are processed through Streamline Worldpay.Their encrypted servers ensure your card and other personal destails cannot be accessed by any third party. We do not retain your card details ourselves, although we do collect your personal information through the ordering process and in order to facilitate delivery. We will never pass on your personal information to any third party, but may from time tome time send you information about our own products. Please contact us at any time if you no longer wish to receive such updates.
4. SERVICE STANDARDS
The Customer recognises that the image of the Company and its brands require a high degree of personal expertise from the Customer and agrees that it shall properly provide the Service (as described below) to its buyers ("Buyer"s).
4.1 The service must include:
A. making available to Buyers books and/or samples of the Company's fabric and trimmings;
B. offering personal advice to Buyers on:
(i) co-ordination of any of the Customer's products ("Products") with other Products or any other item at the Buyer's request; and the
(ii) suitability of any Products for the Buyer's intended use of the Products; and
C. offering one of the following;
(i) a curtain making service; or
(ii) a furniture upholstering service.
4.2 For these reasons, the Company considers that sales by mail order are not in keeping with the image, reputation or prestige of the Company or its goods or consistent with
the requirements of the Service.
5.1 The Customer may only sell the Company's goods via the internet subject to the following conditions:
the name of the internet site (the "Website") and any advertisements or banners appearing on the Website must not harm the Company or the brand's image, reputation or prestige of its brand. Prohibited names include, but are not limited to, names expressly or implicitly stating that any of the goods displayed or available for sale on the Website are available for discounted or reduced prices;
any goods advertised on the same Webpage as the Company's goods must not harm the Company or its brand's image, reputation or prestige;
any pictures on the Website of the Company's goods must be an accurate representation of the Company's goods and must be shown in a way that is consistent with the image, reputation and prestige of the Company's brand;
links or hyper-text to other sites outside of those of the Company or other authorised resellers must not appear on the Website;
any references to brand names established by the Company, or any other images, trade marks, registered designs, copyright or other intellectual property rights owned by the Company, may only be used on the Website with the Company's prior written approval;
the website must conform to guidelines as to "look and feel" as if published by the Company;
the Customer must notify the Company in writing prior to commencing the use of the Website and give the Company a reasonable period of time to approve the manner in which the Company's name is used on the Website, and the appearance of any of the Company's goods on the Website.
5.2 If by reason of applicable law the Customer is permitted to sell the Company's goods by mail order then the provisions of Condition 5.1 shall apply to such sales (except that
references to websites shall instead apply to mail order sales and related advertisements and other promotional material). For the avoidance of doubt, and
without prejudice to the Company's other rights, no discounts shall apply to goods sold by mail order.
5.3 For the avoidance of doubt nothing shall restrict the Customer from determining the prices at which it sells goods (whether from retail premises, the internet or otherwise).
5.4 The Company reserves the right to withdraw any products from sale, or to change their specification, without prior notice.
6. CONFIRMATIONS & CANCELLATIONS
Confirmation orders must be clearly marked. If 'confirmation order' is not stated and duplication occurs, a handling charge of 20% plus carriage will be made.
In the event of an order cancellation no charge will be made if the fabric has not been cut; otherwise a 20% handling charge will be made. All cancellations must be made in writing or by e-mail.
No liability will be accepted for changes in appearance, performance, or defects in any of our fabrics, if they are treated after purchase, by spraying or processing of any kind, including flameproofing or the application of stain-repelling treatments.
8. RETURNED GOODS
Returns will not be accepted without prior agreement. A 20% handling fee, plus any carriage costs, will be deducted from the credit. Ian Sanderson will not accept returns if:
(i) Invoice is dated over 30 days.
(ii) The fabric/trimming has been cut.
(iii) Piece length is 5 metres or less.
(iv) This is a Custom Order.
(v) Fabric has been treated (soil & stain, fire retarded, etc.)
Please enclose with the goods full details, including the reason for return, with the relevant invoice or sales order number.
9. DELIVERIES TO THIRD PARTIES
9.1 It is the responsibility of the Customer, regardless of the delivery address, to ensure the goods received are as ordered (i.e. correct design, colour and quantity); are of
satisfactory quality and the face and reverse of the fabric have been correctly identified.
In the event of a discrepancy, the Customer must notify the Company within 7 days of arrival of the consignment and before the goods are processed in any way. The
Company cannot accept claims after the fabric has been cut. Furthermore, no claims will be accepted in respect of any costs of making up.
9.2 When taking delivery of parcels it is the Customer's responsibility to visually inspect the packaging and ensure everything is intact before signing the Courier's delivery note
confirming the parcel has been received in good condition. In the event the parcel has been damaged in transit the Courier's delivery note must be signed ‘parcel damaged'
and the packaging be retained for inspection otherwise Ian Sanderson (Textiles) Ltd shall not be held liable.
10. FAULTY GOODS
Fabrics should be carefully inspected prior to cutting. Whilst every effort is made to inspect each order to ensure you receive the fabric in the best possible condition, errors can be made and damage or creasing may occur in transit. Therefore it is essential that no length is cut until you are satisfied with the fabric in all respects.
Any claim made must be put in writing or by e-mail within 7 days of receipt of the fabric/trimming.
All goods are supplied by us on condition that our liability for any fault or defect in the quality, condition, description or fitness for any purpose, is limited in amount to a sum not exceeding the purchase price of the particular goods. In no circumstances whatsoever shall the company be liable for indirect or consequential loss or damage.
12. COPYRIGHT & TRADEMARK
Unauthorised use of our trademark Ian Sanderson logo and the images within our website for marketing purposes; whether in the form of literature or a link to your own website, is prohibited unless express permission has been sought and authorisation granted in writing by our company. Permission forms for this purpose are available upon request.
Title to, and ownership of the relevant goods remain the absolute and unencumbered property of Ian Sanderson (Textiles) Ltd until full payment is received.
14. LAW & JURISDICTION
The Contract shall be governed by and in accordance with the Laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.