Terms and Conditions
DEFINITIONS: In these terms and conditions, `The buyer' means the person who buys or is to buy the products, and `the products' means any products subject to this contract.
All orders must be submitted in writing (including e-mail and fax).
Goldbug shall use reasonable endeavors to meet the delivery date, but time of delivery shall not be of essence and Goldbug shall have no liability to the buyer if these endeavors fail.
All orders are accepted subject to availability of products.
All orders are constitute as a separate offer, any default in relation to any one order shall not entitle the Buyer to withdraw any other order from Goldbug for any products or return any products already supplied.
Goldbug holds the right to withdraw the Goldbug account if the buyer refines from supporting the Goldbug brand by not having a min of one product on display at all times or fall below the min turnover of £5,000 per year
Goldbug holds the right to withdraw the Goldbug account if the buyer demeans the Goldbug brand by selling Goldbug products on any discount site / auction sites / on-line market place, sells on to unauthorized sellers or to a sub-reseller, without the express written permission from Goldbug
The buyer shall inform Goldbug of any matter that comes to there attention that can be conceded damaging to Goldbug reputation or any other person passing off products as the products of Goldbug or infringement or alleged infringement or misuse of any registered trade mark, patents, exclusive rights etc.
The buyer shall not use any advertising, promotional or selling materials in relation to the Goldbug products except those supplied or approved by Goldbug.
Goldbug holds the right to close an account if the premises are deemed to have become detrimental to the reputation of Goldbug.
Goldbug has the right to end the contract if there is any material change in the management, ownership or control of the company.
If the account is closed Goldbug shall retain the right to purchase from the buyer any products/stock that are in first class order/condition at the same price as was paid by the buyer where the buyer is in breach of the trading terms and conditions of Goldbug.
PRICES AND PAYMENTS:
The prices shall be that ruling at the date of dispatch.
All orders are for pro-forma payment and can be paid by credit card, Bacís or cheque; any alternative arrangements have to be agreed with Goldbug in writing. Cheques and Bacs should be received by Goldbug within 7 days from date of order.
Goldbug reserves the right to charge interest at 2% above base rate of HSBC Bank plc from time to time from the date due for payment until the date payment is received as well after as before judgment on all invoices outstanding in excess of 30 days together with all collection costs incurred.
Goldbug will suspend credit facilities to any outstanding orders of the Buyer if the account is over the given credit limit.
Goldbug will suspend deliveries of any outstanding orders of the Buyer if payment is not made within the payment terms of invoice date and will be entitled to terminate the account.
Any discounts given are subject to the products being paid for at the correct time.
The manufacturers of the products sold by Goldbug reserve the right to modify the design or specification of any product without notice.
The buyer is responsible for ensuring that proper operating instructions are passed on to their customer. The buyer consequently accepts responsibility and will fully indemnify Goldbug for any damage or consequential loss and all costs, liabilities, demands and expenses caused by misuse or lack of understanding of the product by the user.
A delivery shall take place when Goldbug or a carrier/agent delivers the products to the buyer's premises or such place as the buyer directs. If the buyer fails to accept the delivery the risk of damage or loss of the product shall pass to the buyer and Goldbug reserves the right to charge for the delivery and subsequent deliveries. Deliveries are to the front/back of the premises only. The time for delivery shall not be of the essence .All deliveries must be examined for transit damage or shortages and any claim reported to Goldbug within 48 hours of delivery and followed up in writing with in 3 working days. Appropriate remedy will then be recommended to the buyer. Goldbug will not consider any claim subsequent to the 48 hour period.
Claims for non-delivery must be notified in writing to Goldbug within 3 days of the date of invoice.
Cancellation must be notified in writing to Goldbug at least 5 working days prior to the expected delivery. If the buyer refuses to accept delivery where the order was not cancelled in accordance with the above, the buyer shall be responsible for a 15% restocking charge and plus if already sent the cost of carriage to and from the place of delivery.
Goldbug will not accept returned products unless it so authorizes and it has the correct paperwork completed.
All returns must be through a provided carriage is by a consignor decided upon or authorized by it.
Goldbug will charge the buyer if collection of a return is requested but the product is not ready for collection when the carrier arrives.
Where Goldbug accepts that products are faulty from manufacturing defects it will credit the product at purchase trade selling price. Any replacement product will be charged at current trade selling price.
Goldbug will bear the cost of returns only on accepted warranty claims; products returned out side warranty will be subject to delivery and handling charges.
Under no circumstances will Goldbug have any liability of whatever kind for any defects arising from fair wear & tear, willful damage, negligence, accidental damage, improper use or any goods repaired by authorized repairer or with authorized components.
RESPONSIBILITIES AND TITLE:
All products sold by Goldbug will remain the property of Goldbug until the date on which the invoice and all other goods delivered to the customer have been paid for in full. Until such time the buyer shall store the products in such a way that they remain separate and are readily identifiable as the property of Goldbug. Goldbug has the right of entry onto the buyer’s premises to recover its products at all reasonable times until such time as ownership of the products passes to the buyer.
Goldbug shall nevertheless be entitled to maintain an action for the invoice (or any part thereof unpaid) at any time after the due date for payment.
The products shall be at the risk and responsibility of the buyer from the time of delivery to the buyer’s premises.
MATTERS OUT OF GOLDBUG CONTROL:
Goldbug shall not be held liable for any consequences from any cause due to `Force Majeure' delay, accident, riots, strikes, lockouts, government restrictions, prohibition or any other exercise of government authority or any other cause beyond its control.
Should the product be the subject of any special export or import enhancement or regulation, Goldbug shall not be liable for any change in packing, price or any other necessary consequence arising there from.
Products must be stored under conditions generally accepted for the commodity or as stated on labels or packing, otherwise claims for defect may not be accepted.
Subject to Goldbug after sales policy to the extent permitted by law all other conditions, warranties or obligations whether express or implied by statute, common law or otherwise are excluded.
Goldbug shall not be liable for any indirect or consequential loss or loss of profit whatever and however arising.
The buyer must not make any modifications to the products / packaging / images or tamper with any trade marks, numbers etc of Goldbug products with out written permission.
Service of any notice under these terms and conditions shall be effective if sent to the address given in this contract either by post, email or facsimile. Such notice shall be deemed as served when delivered if given by hand, 2 days after posting if sent by post and 1 hour after transmission if sent by facsimile or email.
In the event that any of these terms and conditions shall become or be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair of affect any of the other conditions hereof all of which shall remain in full force and effect.
The contract shall deem to be made in England and governed by and construe in accordance with English law and both parties submit to the exclusive jurisdiction of the English courts.