Buyer : the person who buys or agrees to buy the goods from the Seller.
Conditions : the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods : the articles which the Buyer agrees to buy from the Seller.
Price : the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller : means Back to Basics Ltd T/A Basically Trade : Unit 2 Wyre Street, Padiham, Lancashire, BB12 8DF.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a Director of Basically Trade.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s quotation which will be signed by buyer. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
4.1 Payment of the Price and VAT shall be due on the date of order.
4.2 Interest on overdue monies shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
7.5 If the goods are supplied with packaging materials or crates these are non-returnable and are the buyers responsibility for disposal as appropriate.
7.6 The company shall not be liable for the re-delivery of the goods where the buyer is not present to sign or accept delivery. Re-delivery or depot collection costs shall be borne by the buyer.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods upon delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods upon delivery and shall give written notification to the Seller within 24hours of delivery of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.5 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.6 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.7 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10.1 The buyers assumes responsibility for the goods being suitable for the purpose which they are intended.
11.1 The buyer has no right to cancel any order once it has been accepted by the seller. The seller may at its discretion accept the cancellation of any order providing the seller indemnified by the buyer in respect of all costs and expenses incurred by the seller prior to the cancellation being accepted but in no circumstances is the seller obligated to accept and cancellation.
12. Carriage of Goods
12.1 Carriage will be chargeable on all sales as stated in the quotation provided.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
1.2 We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
3.1 Back to Basics Ltd T/A Basically Trade has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Back to basics T/A Basically Trade of the site. Use of any such linked web site is at the user's own risk.