CONDITIONS OF USE
S&P Casuals Ltd / Vintage Jeans Ltd / S&P Casuals (USA) Inc. shall be referred to as “The Company”
In the event of delay on the part of the buyer, in payment, interest of 2.5% per month will be charged on the outstanding amount until the date payment is received.
All payments are to be made before or on the due date as a conditional precedent to future deliveries.
Retention of Title
Until full payment has been received, all goods supplied by the company are in accordance with these Terms and Conditions of sale...
A) Legal and Beneficial ownership of the goods shall remain with the company.
B) The purchaser shall deliver up the goods to the company on demand by the company in writing for such delivery.
C) Subject to D) and E) below, the purchaser shall be at liberty to sell the goods in the course of business on the basis that the proceeds of sale remain the property of the company and the company shall have full legal and beneficial ownership of the goods and that the proceeds of sale shall be the property of the company whom the purchaser shall account on demand until the payment is made in full.
D) The company may, at any time, revoke the purchaser’s power of by notice to the purchaser if the purchaser is in default of payment for more than seven days over their agreed terms or if the company has bona fide doubts to the solvency of the purchaser.
E) The purchaser’s power of sale shall automatically cease when a receiver is appointed over the assets of the undertaking of the purchaser or a winding up order is made against the purchaser or the purchaser goes into voluntary liquidation (otherwise than for the purpose of reconstruction and amalgamation) or calls a meeting or makes arrangements for compositions for creditors or commits an act of bankruptcy.
F) Upon determination of the purchaser’s power of sale, the purchaser shall place the goods at the disposal of the company who shall be entitled to enter upon the premises of the purchaser for the purpose of removing the goods and to remove such goods from the premises.
G) The company may maintain an action for the price of the goods sold not withstanding that property in them may not have passed to the purchaser.
In the event of delay on the part of the buyer in payment, interest of 2.5% per month will be charged on any outstanding amount until the date when payment is received.
The company shall not be liable for any shortage in the quantity of the goods delivered nor for any defect in the quality or condition of goods unless a claim, in writing, shall have been received by the company from the buyer within 10 days of delivery or invoice date (whichever is the earliest) and, additionally, in respect of shortage in the quality of goods delivered or damage to the goods in transit, the buyer shall have notified us and (if appropriate) the carrier orally on or before the day following the date of delivery.
Delivery dates are given in good faith for information purposes only and shall not form part of the conditions of sale. No guarantee or warranty as to time or rate of delivery is given nor implied but every effort will be made by the company to despatch the goods on time. The company accepts no liability whatsoever for any loss or damage of any nature however arising which may be suffered by the purchaser as a result of any failure on the part of the company to the dispatcher delivering the goods on or within the dates of / or periods which have been mentioned by or to the company.
The goods are sold and shall be deemed to be bought without any warranty or condition expressed or implied as to their fitness for any purpose as would arise under a contract for sale by description or by sample.
Any goods which are special to the customer’s requirements will not be deemed returnable.
Goods worn, washed or, mishandled cannot be exchanged.
No claims or returns will be accepted on clearing lines.
All credit card payments will be subjected to a 3% charge. No charge for debit cards. American Express payments will not be accepted.
Any cheque payments which are ‘Refer to Drawer’ will be subjected to a £50 + V.A.T charge at the company’s discretion.
There is a delivery charge of £4 per box sent to the purchaser subject to change at the company’s discretion.
These terms and the contract shall be subject to and construed in accordance with English Law.