Terms & Conditions
These terms and conditions (the “conditions”) form the basis of all contracts between you and us, Waistiecoat Ltd (Company Number 11264609) and Registered Office 130 Old Street, London EC1V 9EB.
All contracts shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document). Any variation to the conditions, and any representations about the goods and/or services, shall have no effect and shall not form part of the contract unless expressly agreed in writing and signed by one of our authorised officers.
You acknowledge that you have not relied on any written or oral statement, promise or representation made or given by, or on behalf of, us which is not set out in the contract.
Each order for goods and/or services by you from us shall be deemed to be an offer by you to buy the goods and/or services subject to the conditions.
We will send you a written acknowledgement of your order when it is accepted by us.
It is your responsibility to ensure that your order and all information provided to us is complete and accurate.
All swatches, samples, descriptions, drawings, specifications, illustrations and advertising we provide, issue, or contained in our website, brochures, catalogues or other materials, are approximations only and should not be relied on by you as precise or construed literally. We are unable to guarantee that product images you see on this website are completely accurate representations of the products as the display of images will depend on your viewing device and its colour capabilities. Whilst we will endeavour to match particular colours, this is not always possible. As a result these do not form part of the contract. This is not a sale by sample.
As fabrics can differ you accept that a swatch provided earlier may not come from the same batch or roll of fabric used for the goods. As a result, there may be slight differences with the fabric of the goods and any swatch provided. The risk of differences inevitably increases the longer the time between obtaining a swatch and ordering goods.
We reserve the right to change any descriptions, drawings, specifications, illustrations, brochures, catalogues, advertising materials and any other materials provided at any time without notice.
If any material, fabric or goods are out of stock, we will inform you at the earliest opportunity and allow you to await a new delivery, amend the order or cancel the order.
Unless otherwise agreed in writing we will deliver the goods to the address provided by you.
We will endeavour to deliver the goods and/or perform the services within a reasonable period of time. However, many of the goods and/or services we provide involve hand-making products, and, as a result, any date specified by us for delivery of the goods and/or performance of the services can only be an estimate and it is hereby expressly agreed that time for delivery of the goods and/or performance of the services under any contract shall not be of the essence. In the event of any significant delay we will keep you informed of the delay.
In view of the nature of the goods and services we provide and subject to the other provisions of the conditions, we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of opportunity, depletion of goodwill and any similar loss) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods or the performance of the services (even if caused by our negligence), nor shall any such delay entitle you to repudiate or terminate the contract unless such delay exceeds 60 days and only in such a case where the delay is wholly and completely our fault.
Our liability for non-delivery of the goods shall be limited to, at our option, repairing or replacing the goods within a reasonable time or providing a refund of sums paid at the pro rata contract rate against any invoice raised for such goods.
If, for any reason, you do not accept delivery of any of the goods when delivery is attempted, or we are unable to deliver the goods on time, for example, because you have not provided appropriate instructions, including a correct address; the goods will be deemed to have been delivered; we may store the goods until actual delivery, and charge you for all related costs and expenses (including, without limitation, the costs of the failed delivery, storage and insurance costs) and risk in the goods shall pass to you (including for loss or damage caused by our negligence).
If your order is to be delivered outside the European Union you may be charged import duties and other local taxes. It is your responsibility to pay any such import duties and local taxes.
RISK & TITLE
The risk and title in the goods shall pass to you on delivery.
Unless otherwise agreed by us in writing, the price shall be in pounds sterling and inclusive of VAT and any costs or charges in relation to packaging, carriage and insurance.
In addition to the price, the Customer shall pay for any additional; work carried out by us, at your request, which we were not originally contracted to undertake.
Any additional costs payable by you will be invoiced by us and charged at rates (together with a percentage in respect of overheads and profit) based on the cost of materials, labour, sub-contractors, transport, taxes and duties at the time the work is carried out.
Unless the quotation or order acknowledgement provides otherwise the price is due upon placing the order.
Where you are to pay by credit or debit card and provide details accordingly, we will charge your credit or debit card in accordance with the above.
Time for payment shall be of the essence and no payment shall be deemed to have been received until we have received cleared funds.
If any amount due from you is not paid in accordance with the conditions then we may do all or any of the following; suspend or cancel delivery of the goods and/or performance of the services under the contract, and any other contract, until you pay the outstanding amount(s) in full; treat any or all contracts as repudiated by you; and/or charge you interest on the outstanding amount the due date for payment at the annual rate of 3% above the base lending rate from time to time of Barclays Bank, accruing on a daily basis until payment is made, whether before or after any judgement.
You may cancel your Waistiecoat order at any time prior to your sending your ties to us and receive a refund of the price paid by you.
Once the receipt of the your ties has been acknowledged by us in writing, no further cancellation of the contract can be accepted.
Any statutory consumer rights are unaffected by these conditions.
YOUR OBLIGATIONS AND WARRANTIES
You warrant that you have the necessary authority to enter into the contract, that the ties you provide to us for making the Waistiecoat are your own or that you have full authority to provide them to us, and that all the information provided to us is true and accurate and you acknowledge that we are relying upon such information in relation to the provision of the goods and/or services.
You further warrant that, for the purposes of this transaction, the ties supplied by you are deemed to have been gifted to us at nil value
You acknowledge that if our performance of our obligations under the contract is prevented or delayed by any act or omission of yours, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
You shall be liable to pay us, on written demand, for, and indemnify us against, all reasonable costs, expenses, charges and losses sustained or incurred by us (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation, loss or damage to property, loss of opportunity to deploy resources elsewhere, legal costs on an indemnity basis, and those arising from injury to, or death of, any person) arising directly or indirectly from your fraud, negligence or failure to comply, or unreasonable delay in complying, with any of the conditions.
We warrant that the services will be provided with reasonable skill and care.
We warrant that on delivery the goods shall be of satisfactory quality within the meaning of the Supply of Goods and Services Act 1982 (to include any legislation which replaces this Act); and be reasonably fit for purpose. This warranty will not apply to any defect, fault or failure to comply which results from; your altering, modifying, repairing, cleaning, steaming the goods; exposure of the goods to the sun or other elements; wear and tear; your negligence; continued use of the goods after discover of the defect; failure to follow our oral or written instructions as to the storage, use or maintenance of the goods or (if there are none) common practice.
If you wish to claim on the above warranty you must give written notice of the defect to us (including if the defect is as a result of damage in transit) within 14 days of the time when you discover or ought to have discovered the defect return the goods to us at your cost to allow us to assess your claim.
Upon receipt of a claim we will at our option, alter, repair or replace such goods (or the defective part) or refund the price of the item in full, including your reasonable costs in returning the goods to us. It is acknowledged by you that the return of your ties is impossible, and that these are deemed to have been gifted by you to us at nil value for the purpose of the transaction.
When returning goods to us you should use a signed for method of posting or, if such a service is unavailable, obtain a certificate of posting for your records. We are not liable for any loss of the goods in transit back to us.
Where we process a refund, we will do this promptly and you should allow 14 days for it to be processed with your card provider. Our refund will be made in pounds sterling and we are not responsible for any fluctuations in currencies or additional charges your card provider may impose when processing a refund.
LIMITATION OF LIABILITY - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
Save as expressly set out in these conditions, this condition sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, and sub-contractors) to you in respect of any breach of the conditions; any use made by you of any of the goods; any use made by you of the services; and any representation, statement, tortuous act or omission, including negligence, arising under or in connection with the contract.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance, or contemplated performance of, the contract, shall be limited to the price; and we will not be liable to you for any deemed value of the ties supplied to us, direct, indirect or consequential loss or damage whether for pure economic loss; or loss of profit; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or otherwise, or any other claims for consequential compensation whatsoever, and howsoever caused, which arise out of or in connection with the contract.
Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation or for any liability incurred by you as a result of any breach by us of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982 or for any matter which it would be illegal for us to exclude or attempt to exclude liability.
You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the services.
If you provide us with the details of a third party, you must only do so if the third party has consented to you providing such details to us.
We reserve the right to defer the date of delivery or cancel the contract (without liability to you), if we are prevented from, or delayed in, the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, explosion, flood, storm, epidemic, failure of a utility service or transport network, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting suppliers or carriers or subcontractors, or inability or delay in obtaining supplies of adequate or suitable goods and materials provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give notice in writing to us to terminate the contract.
The contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
Each party acknowledges that, in entering into the contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).
Nothing in this condition shall limit or exclude any liability for fraud.
We may at any time subcontract or delegate any manner or any of our obligations under the contract to any third party or agent without your prior written consent.
If there are any differences between the information within the quotation and the order acknowledgement in respect of any contract the latter shall prevail. It is your responsibility to check that the information in the order acknowledgement is correct. Errors should be notified to us at the earliest opportunity.
Each of our rights or remedies under the contract is without prejudice to any other right or remedy.
All intellectual property rights and all other rights in any documentation, designs of goods or materials provided by us to you under the contract shall belong to us.
If any condition is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining conditions, and the remainder of such condition, shall continue in force with full effect.
If a provision of the contract (or part of any provision) is found illegal, invalid, void, unreasonable or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and, to the greatest extent possible, achieve the original commercial intention of you and us.
Failure or delay by us to enforce, or partially enforce, any provision of the contract shall not be construed as a waiver of any of our rights under the contract.
Any waiver by us of any breach of, or any default under, any provision of the contract by you shall be in writing, and shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other provisions of the contract.
Unless specifically provided otherwise, rights arising under the contract are cumulative and do not exclude rights provided by law.
No provisions of the contract are enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the contract.
The formation, existence, construction, performance, validity and all aspects of the contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts. Where you are based in another country within the European Union you may choose that the contract is governed by the law of your country and we will submit to the jurisdiction of your courts.
All communications between the parties about the contract, including any notices to be sent or received under the contract, must be in writing.
Company Registered Address:
Waistiecoat Ltd, 130 Old Street, London EC1V 9EB.