01420 478866

Terms and Conditions

Complete Merchandise Terms and Conditions of Trading

 

 1.         Definitions

1.1. “CM” means Complete Merchandise Ltd;

1.2. “Client” means the person or company whom the order is received;

1.3. “Contract” or “Arrangement” means the contract between CM and the Client;

1.4. “Goods” means the goods and services provided by CM to the Client;

 2.         Acceptance of Terms and Conditions

2.1. Please note that these terms and conditions apply to all orders. Upon receipt of order from the Client, CM confirm that this constitutes your acceptance that our conditions apply to the contract, regardless of any purported terms put forward by the Client. These terms and conditions replace all others. If the Client does not accept these conditions, do not order or make any payment to CM.

 3.         General

3.1. CM shall endeavour to correct any typographical, clerical or other error or omission in any sales literature, website, quotation, price lists, acceptance of offer, invoice or other document or information issued by CM as soon as possible. CM will not be liable for loss arising from such error or omission.

 4.         Orders

4.1. Acceptance of CM’s quotation is subject to stock availability at time of official order.

4.2. Changes in the quantity of an order must be submitted in writing, before processing begins. If this is not received before processing commences then any:

4.2.1. Any increases to the quantity of an order once the artwork has been approved and personalisation has begun, will be raised as a separate order.

4.2.2. Any decreases in quantity of an order once the artwork has been approved and personalisation has begun, may involve additional charges.

4.3. The final quantity of delivered goods can be 10% under or over the quantity ordered and will be deemed to have been fulfilled. You will be charged the contract rate for the actual quantity delivered.

4.4. Should there be any increase in costs of materials or wages to CM occurring after the confirmation of an accepted order, CM shall be entitled to charge such increases to you.

 5.         Products, Pricing and Quotations

5.1. Every effort is made to describe goods as accurately as possible, whether on CM’s website, or any of CM’s sales documentation; however CM give no guarantee as to accuracy.

5.2. Prices shown on CM’s website are for guidance purposes only, quotes must be obtained prior to order to ensure the price you see is up to date and correct.

5.3. All quotes sent are valid for the set time stated on each quotation.

5.4. All prices and quotations are subject to VAT at the current rate, (where applicable).

 6.         Delivery

6.1. Delivery dates and times quoted are estimates only, not guaranteed and are subject to change without notice.

6.2. All delivery charges will be quoted at time of order. Timed and express deliveries will be subject to additional charges.

6.3. On any delivery dates please note CM are not responsible for any transport / customs / shipping issues which may delay the final delivery.

6.4. Carriage charges outside the UK:

6.4.1. CM will not be held responsible for any taxes or duties associated with the shipment. Should the Client refuse to pay customs charges etc, CM will invoice any costs to you to get the goods released from customs and returned to us.

 7.         Payment Methods

7.1. CM accept payment by BACS/CHAPS/Transfer/PayPal/Cheque. (Additional charges may apply for PayPal and Cheque payment, clause 7.3)

7.2. All payments made to CM are to be made in pound sterling.

7.2.1. Any any banking charges requiried when making payment are covered by the Client and the full amount of the invoice is paid into CM’s account.

7.3. Payment Charges:

7.3.1. Paying by Card; carries a transaction charge to cover the cost of using this method of payment. Charges are calculated based on the total amount of your invoice including VAT.

7.3.1.1. Debit Card - 0.7% +vat

7.3.1.2. Credit Card - 2.2% +vat

7.3.2. Paying by cheque; if amount is less than £100, a £1.50 will apply for using this payment facility.

7.3.3. Should a cheque bounce, then an administration fee of £35.00 +vat will be charged.

 

8.         Payment Terms

8.1. All orders must be paid for in advance of CM processing the Client’s order (unless prior arrangement is made and agreed to by CM.)

8.2. All payments are to be made by the invoice due date (shown on all invoices).

8.3. If payment is not made by the due date in full on then, without limiting any other right o remedy available to CM, CM may:

8.3.1. Suspend or cancel future deliveries;

8.3.2. Cancel any discount offered to the Client;

8.3.3. Charge the client interest (both before and after any judgment) on the amount unpaid at the rate of 2 per cent per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

8.3.4. CM may withdraw, suspend or reduce the credit limit or bring forward the due date for payment at any time without notice.

8.3.5. CM shall be entitled to recover from the Client all costs it incurs in recovering any outstanding amount from the Client..

9.         Credit Accounts

9.1. Credit accounts may only be opened at CM’s discretion and after the initial minimum of three proforma purchases from CM within 6 month period, also subjected to satisfactory references and credit checks.

9.2. You agree that CM may obtain third party references as to the Client’s financial standing.

9.3. Payments of goods and services supplied on a credit account shall be paid (clear funds) no later than the agreed credit term.

9.4. We may set a maximum amount of credit allowable on each account.

9.5. We may terminate credit facilities without explanation or notice.

 10.      Passing of Risk and Title

10.1. Goods shall remain CM’s property until full payment is received. This applies whether the goods have been delivered or not.

10.2. Upon delivery the risks in the goods shall pass to the Client.

 11.      Insolvency

11.1. If CM reasonably apprehend and/or the Client notifies CM that they are: subject to administration order, liquidation, bankrupt, cease or threaten to cease or carry on business.

11.2. If this clause applies then, without prejudice to any other right or remedy available to CM, CM shall be entitled to cancel any agreements or suspend any further deliveries under the agreement without any liability to the Client, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 12.      Claims, Returns & Refunds

12.1. Goods must be examined at time of delivery and a signature is required. CM are not liable for any loss which may arise from any damage caused to goods whilst in transit, unless any damages are noted clearly at the time of the delivery on the delivery note.

12.2. If someone else is signing for the goods on the Client’s behalf, the Client agrees to ensure that the  nominated signatory checks the goods prior to acceptance.  The Client agrees to accept full responsibility for any loss or damage if the nominated signatory signs and fails to check the delivery. The Client agrees to indemnify CM in full for any losses CM suffer as a result of the Client accepting goods and signing a delivery note without checking the goods for carrier damage.

12.3. Any claims which may arise regarding to the quality and/or quantities of goods, or damage caused in transit must be submitted in writing as to be received by CM within 7 working days of delivery of said goods.

12.4. Once the items have been printed, personalised, altered, or otherwise changed, this is regarded as a “bespoke” and normal distance selling regulations regarding refunds do not apply. No refunds can be offered for one-off items.

12.5. Returns on "plain" items can be made in writing to CM and must be made within 7 days of receiving the item. (Plain items are described to be items which have not yet been printed or personalised).

12.6. All samples are strictly non-returnable.

 13.      Liability

13.1. These terms and conditions do not affect the consumer’s statutory rights

13.2. No responsibility is accepted for loss or damage arising from goods supplied under this contract, unless the claims procedure laid out in clause 12 is adhered to.

13.3. CM’s liability for any damages or loss suffered by the Client in respect of goods supplied shall be limited to the contract value of the good. This is save in so far as defects in the goods lead to damage to personal property, death or injury.

 14.      Cancellation Charges

14.1. All cancelled orders will be charged for all work carried out up until the date cancellation is received in writing, together with any other additional cancellation charge if applicable.

 15.      Printing Artwork

15.1. All artwork and printing charges will be levied where necessary unless previously stipulated by CM.

 16.      Force Majeure

16.1. Neither party shall be liable in damages or have the right to terminate any order or contract for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

16.2. Neither party shall be liable for any failure or delay in performance under any order or contract (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under any order or contract, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

This Terms and Conditions was last updated on 07/07/2015(dd/mm/yy) and may change in the future with or without notice. We therefore advise you to view this page regularly to ensure you are still happy with our Terms and conditions before ordering.