Part B. Business to consumer conditions.

Part C. Online terms and conditions

Part A.

BUSINESS TO BUSINESS TERMS AND CONDITIONS OF SALE

The following terms and conditions (“the Conditions”) are the terms on which .ABC Shirts Limited (“the Company”) sells to other businesses and supersede all other terms and conditions used by the Company.

1.   Orders, price and payment

1.1     No contract shall come into existence until the Company confirms the order for Goods in writing.

1.2     The price (exclusive of VAT) for the Goods (“the Price”) shall be the quoted price of the Company and payment of the Price shall be made by the Buyer within 30 days of the date (“the Due Date”) of the invoice for the Goods and time for payment shall be of the essence.

1.3     If the Price is not paid by the Due Date the Buyer will be liable to an additional payment of reasonable liquidated damages. Interest shall accrue both before and after any court judgment on the unpaid portion of the Price at the rate of eight per cent above the base rate from time to time of National Westminster Bank PLC.

1.4     Any cancellation of any order by the Buyer must be in writing, and agreed as cancelled also in writing by the Company. In case of any cancellation, the Buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages.

2. Goods

The description and quantity of the Goods to be sold (“the Goods”) shall be as set out in the quotation provided by the Company to the Buyer (“the Quotation”).

3. Delivery

The Company shall deliver the Goods to the Buyer’s address and on the date as both are shown on the Quotation. Time shall not be of the essence for delivery. The Buyer shall make all necessary arrangements to take delivery of the Goods on the day notified by the Company for delivery.

4. Acceptance

The Company must be advised in writing by recorded delivery of any defects in the Goods as soon as they are discovered by the Buyer who shall be deemed to have accepted the Goods if they have not been rejected on or before the seventh day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part thereafter.

5. Title and risk

The Goods shall be at the risk of the Buyer following delivery and, notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Company failing which the Company shall have the right to repossess or otherwise recover the Goods. Until title passes the Buyer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the Goods of the Company.

6. Limitation of liability

6.1     Save in respect of personal injury or death due to any negligence, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.

6.2     Without prejudice to Condition 6.1 the Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.

7. Set off and counterclaim

The buyer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the buyer may have or allege to have or for any reason whatsoever.

8. Force majeure

The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.

9. General

9.1     If any term or provision of these 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 Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

9.2     The Company may without the consent of the Buyer sub-licence its rights or obligations or any part of these Conditions.

9.3     The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.

10. Contract

Notwithstanding any other provision of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.

11. Entire agreement

Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.

12. Governing law and jurisdiction

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Part B.

TERMS AND CONDITIONS OF SALE TO A CONSUMER

The following terms and conditions (“the Conditions”) are the terms on which .ABC Shirts Limited (“the Company”) sells products and supersedes all other terms and conditions relating to those products.

1. Price and payment

1.1     The price (exclusive of VAT) for the Goods (“the Price”) shall be the quoted price of the Seller and payment of the Price shall be made by the Buyer within 30 days of the date (“the Due Date”) of the invoice for the Goods.

1.2     If the Price is not paid by the due date interest shall accrue both before and after judgment on the unpaid portion of the Price at the rate of four per cent.

2. Goods

The description and quantity of the Goods to be sold (“the Goods”) shall be as set out in the quotation provided by the Seller to the Buyer (“the Quotation”).

3. Delivery

The Seller shall deliver the Goods to the Buyer’s address and on the date as both are shown on the Quotation. Time shall not be of the essence for delivery.

4. Ownership of the goods

The Company shall retain ownership of the Goods until they are paid for. If this occurs, the Buyer is responsible for taking reasonable care of the Goods whilst they are in their possession.

5. Cancellation

The Buyer cannot cancel the order unless the Company agrees in writing. If the order is cancelled without the Company’s agreement, the Buyer must pay any reasonable losses and costs it suffers because of the cancellation. If the Company cancels the contract, it must pay the Buyer any reasonable losses and costs suffered because of the cancellation.

6. Third party rights

Notwithstanding any other provision of this agreement, nothing herein shall confer nor is it intended to confer a benefit on any third party for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.

7. Governing law and jurisdiction

The laws of England and Wales shall govern this agreement.

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Part C.

ONLINE TERMS AND CONDITIONS

These terms and conditions form the basis on which you can visit and use our website. Please read them carefully as they contain important information.

General terms and conditions

This site is owned and operated by  ABC Shirts Limited of 60 Couthurst Road, Blackheath, London, SE3 8TW. If you want to ask us anything about these terms and conditions or if you have any comments or complaints on or about our website, please e-mail us at admin@abcshirts.com or telephone us on 020 8853 1103

Ownership of rights

All rights, including copyright, in this website are owned by or licensed to .ABC Shirts Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

Accuracy of content

We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed exclusive of VAT. If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable, then you will of course have the right to cancel your order. Any weights, dimensions, colours and capacities given about the goods are for guidance and approximate only. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website and we shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials contained on this website.

Damage to your computer

We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Availability

All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.

Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

Payment terms

We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.

Delivery charges

Delivery charges vary according to the type of goods ordered and cannot be refunded.

Delivery

Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles. We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions. We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

Acknowledgement and acceptance of your order

You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.

Cancellation rights

Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items).

Exclusion of liability

Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by our negligence. These disclaimers and exclusions shall be governed by and construed in accordance with English law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

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