Emporium Eyewear ltd

Terms & Conditions

EMPORIUM EYEWEAR LIMITED TERMS AND CONDITIONS FOR SALE OF GOODS

1. DEFINITIONS

In this document the following words shall have the following meanings:

  1. “Buyer” means the person who buys Goods from the Seller;
  2. “Consumer” shall have the mean the end user of the goods
  3. “Goods” means the articles that the Buyer agrees to buy from the Seller;
  4. “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
  5. “Seller” means Emporium Eyewear Ltd of 104 Wembley park Drive, Wembley, HA9 8HP
  6. “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. GENERAL

  1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
  2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
  3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
  4. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
  5. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

3. PRICE , PAYMENT AND CREDIT FACILITIES

  1. The price of the Goods shall be that stipulated in the Seller’s current List Price/as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties. The price is exclusive of VAT and exclusive of any delivery charges.
  2. Payment of the total purchase price (including VAT and any delivery charges) must be made in full.
  3. Any price changes will be communicated prior to delivery being made.
  4. Unless specifically changed in writing, the debtor acknowledges that credit facilities granted are payable strictly within thirty (30) days from the date of statement
  5. Credit facilities may be withdrawn by the creditor at any time without prior notice and the creditor reserves the right to review the extent and duration of such facilities at any time.
  6. If the buyer fails to make any payment by the due date, the seller shall be entitled to suspend any further deliveries to the buyer until all outstanding payments are brought up to date. The seller may require payment in advance for any future deliveries
  7. All quoted or requested delivery dates are estimates only and the seller shall not be liable for any delay in the delivery of the goods for any reason.
  8. All goods delivered remain the property of Emporium Eyewear Limited until paid for in full.

4. DELIVERY

  1. Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
  2. All Goods will be delivered as soon as possible of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  3. The Seller shall use its reasonable endeavours to meet any date stated for delivery.
  4. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
  5. Goods delivered must be checked and any shortages reported within ten (10) working days. The buyer confirms that this is a reasonable period to inspect the goods. Failure to notify the seller within this period will constitute acceptance of the goods.

5. WARRANTY

  1. The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

6. CANCELLATION AND RETURNS

  1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within ten (10) working days of delivery if the Goods are damaged or do not comply with any of the Contract.
  2. Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the goods to the seller.
  3. Goods to be returned must clearly show the invoice number obtained from the Seller either on the package or on paperwork that may be included within.
  4. Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
  5. All returns for credit must be approved by head office prior to making returns.
  6. Goods must be returned in the same condition they were received.
  7. All goods must be returned with the cases they were sent out with, or credits will not be passed.

7. GUARANTEES

  1. In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery to the buyer (not from the date of delivery from the buyer to their customer).

8. LIMITATION OF LIABILITY

  1. The Seller shall not be liable for any direct loss or damage suffered by the Buyer and/or consumer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods (frame).
  2. The Seller shall not be liable under any circumstances to the Buyer or any third party or consumer for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer or consumer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
  3. Emporium Eyewear cannot be held responsible for the cost of the lenses or additional laboratory charges due to any product defect. A credit for the frame only will be passed if a suitable replacement cannot be supplied.
  4. All goods delivered remain the property of Emporium Eyewear Limited until paid for in full.

9. FORCE MAJEURE

  1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

10. SEVERANCE

  1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11. GOVERNING LAW AND JURISDICTION

  1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.