| Our Terms and Conditions |
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| Applying to any order for goods made
by any person, firm or company (hereinafter called "the Buyer") from Libidex
Ltd of 5 Hampden Close, Purchese St, London NW1 1HW. (hereinafter called "the
Company"). |
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| 1 Inclusion of Terms |
| 1.1 The following conditions and
stipulations shall govern the acceptance for the order of the goods comprised
in the contract and shall be deemed to form part of such contract. |
| 1.2 These conditions shall be
incorporated into the contract with the exclusion of any terms or conditions
stipulated or referred to by the Buyer unless otherwise agreed in writing by
the Company. |
| 1.3 The term 'goods' means any goods
forming the subject of this contract and includes a reference to any of them.
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| 2 Payment |
| 2.1 For retail orders, all invoices are
payable in Pounds Sterling on placing order. Work on orders will not commence
before payment is received. New wholesale customers will be required to give a
deposit of 30% when placing an order of the first time, and full payment will
be required before dispatch of order. Payment may be made by credit card,
cheque, bank transfer or cash. |
| 2.2 The wholesale price of the goods is
quoted exclusive of VAT at the prevailing rate and other taxes or duties. |
| 2.3 The Company reserves the right to
make a reasonable charge for delivery of the goods to the address requested by
the customer. |
| 2.4 If the Buyer is purchasing the
goods with a view to resale then the goods or any item comprising the goods
shall only be sold by the Buyer at a price (net of VAT) of at least twice the
per item price of the relevant item under this contract. |
| 2.5 If the Buyer is purchasing the
goods with a view to resale via the internet or through any other medium
besides a retail shop, then the goods shall only be sold by the Buyer at a
price equivalent to or more than the price displayed on the Company's own
website shop, www.libidex.co.uk |
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| 3 Delivery and Risk |
| 3.1 The goods are delivered to the
Buyer when the Company makes them available to the Buyer or any agent of the
Buyer or any carrier who shall be the Buyer's agent whoever pays its charges
(at the Company's delivery point agreed by the Company). |
| 3.2 The risk in the goods passes when
they are delivered to the Buyer. |
| 3.3 The Company may at its discretion
deliver the goods by instalments in any sequence. |
| 3.4 Where the goods are delivered by
instalments no default or failure by the Company in respect of one or more
instalments shall obviate the contract in respect of the goods previously
delivered or undelivered or undelivered goods. Any dates quoted by the Company
for the delivery of the goods are approximate only and shall not form part of
the contract. The buyer acknowledges that in the performance expected of the
Company, no regard has been paid to any quoted delivery date. |
| 3.5 The Company shall not be liable for
any penalty, loss, injury, damage or expense arising from any delay or failure
in delivery or performance from any cause at all; nor shall any such delay or
failure entitle the Buyer to refuse to accept any delivery or to repudiate the
contract. |
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| 4 Title |
| 4.1 Ownership of the goods shall not
pass to the Buyer until the amount due under the invoice for them (including
any interest and costs) has been paid in full. |
| 4.2 If the Buyer fails to pay the
monies due under the invoice for an order by the due date, the Company may at
its discretion sell or otherwise dispose of the order without further
notification to the Buyer. |
| 4.3 The Company may maintain an action
for the price of any goods notwithstanding that title in them has not passed to
the Buyer. |
| 4.4 If the Buyer cancels any payment by
credit card, cheque or other financial instrument after the goods have been
dispatched, then the Company reserves the right to take legal action for the
recovery of the goods. |
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| 5 Claims Notification / Refunds / Cancellation |
5.1 Any claim for non-delivery of any of the goods shall be notified in writing by the Buyer to the Company within 10 days of the expected delivery date.
5.2 Any claim that any goods that have been delivered are damaged or are not of the correct quantity, are of faulty manufacture or do not comply with their description, is to be notified by the Buyer to the Company as soon as reasonably practicable and in any event in writing within seven days of their delivery.
5.3 The Company shall only consider refunding the Buyer with the full cost of the goods in the event that they are of faulty manufacture or do not comply with their description, but in no other circumstances. The Company may also offer to replace goods free of charge or at cost price, or to offer a credit note.
The Company will replace garments that are of the wrong size with a garment of the correct size free of charge. This does not apply to garments that are made to measure.
5.3 Any claim under these conditions must be in writing and must contain full details of the claim.
5.4 The Company shall be afforded a reasonable opportunity to investigate any claims made under these conditions and the Buyer shall, if so requested by the Company, promptly return any goods the subject of any claim and any packing materials securely packed and carriage paid to the Company for examination.
5.5 The Company shall have no liability with regard to any claim in respect of which the Buyer has not complied with the claim to procedures in these conditions
5.6 If the Buyer wishes to cancel an order, the Company must be notified of cancellation within seven days of the order being placed. The Company reserves the right to charge the Buyer 20% of the cost of the goods to defray administrative costs.
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| 6 Scope of the Contract |
| 6.1 Under no circumstances shall the
Company have any liability of whatever nature for: |
| 6.2 Any detect arising from wear, tear
accident or improper use by the Buyer. |
| 6.3 Any goods which have been adjusted,
modified, or repaired, except by the Company. |
| 6.4 The suitability of any of the goods
for any particular purpose for use under specific conditions, whether or not
the purpose or conditions were known or communicated to the Company. |
| 6.5 Any descriptions, specifications,
illustrations or drawings submitted by the Company or contained in the
Company's catalogue, price lists or elsewhere, since they are merely intended
to give an indication of the nature of the garment and may not be regarded as
definitive. |
| 6.6 Any variations in the quantities or
dimensions of any goods or changes in their specifications or substitution of
any materials or components, if the variation or substitution does not
materially effect the characteristics of the goods and the substituted
materials or components are of a quality equal or superior to those originally
specified. |
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| 7 Extent of Liability |
7.1 The Company shall have no liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of this contract or any negligence, breach of statutory or other duty on the part of the Company or in any way out of or in connection with the performance or the purported performance or failure to perform the contract except for death or personal injury arising from the Company's negligence or as expressly stated in these conditions.
7.2 Where the Company is liable in accordance with this condition in respect of only some or part of the goods, the contract shall remain in full force and effect in respect of the other goods and no set-off or other claim shall be made by the Buyer against or in respect of such other goods.
7.3 The Company shall not be liable where for goods lost or damaged in transit which are sent via the Buyer's choice of carrier, and all the claims by the Buyer shall be made against the carrier.
7.4 All goods sent via the Company's chosen carrier shall be insured for the full amount of their value, and the insurance premium shall be paid by the Buyer.
7.5 In no circumstances shall the liability of the Company to the Buyer under this condition or under the contract exceed the invoice value of the goods.
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| 8 Copyright and Design Right |
| 8.1 All the copyright, design right or
any other intellectual property right in the goods shall remain the property of
the Company. |
| 8.2 The Buyer will sell the goods in
the same condition as they are received, and shall not deface or alter the
goods or their packaging, remove or modify any label or identity insignia
applied to or furnished in connection with the goods. |
| 8.3 The Buyer shall not sell the goods
under any trademark or name except as specified by the Company. |
| 8.4 The Buyer shall not without the
written consent of the Company use the goods or the design of the goods in any
advertising material, nor shall the Buyer sell, advertise for sale or promote
the sale of the goods by mail order. |
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| 9 Measurements and Fitting |
| 9.1 While the Company will make every
reasonable effort to ensure correct fitting of garments, it cannot guarantee a
perfect fit in cases where measurements are supplied by the customer or the
Buyer on the customer's behalf. |
| 9.2 In the event that a garment does
not fit properly, the Company may, at its option, offer to re-make the garment
at a cost to be agreed between the Company and the Buyer, but which will not
generally exceed 60% of the original price. |
| 9.3 The above conditions do not apply
in the case of custom-made designs, in which case, any re-makes, adjustments or
other alterations shall be charged at a price to be agreed between the Company
and the Buyer. |
| 10 General |
| 10.1 This contract is personal to the
Buyer and may not, without the Company's prior consent, assign or dispose of it
or part with any interest in it or grant any licence or delegate any of the
rights conferred by it. |
| 10.2 The Company shall not be liable
for any failure in the performance of any of its obligations under the contract
caused by factors outside its control. |
| 10.3 This contract shall be governed by
English law, and the Buyer consents to exclusive jurisdiction of the English
courts on all matters regarding it, except the extent that the Company invoked
the jurisdiction of the courts of any other country. |
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