Terms and Conditions of Business
1. GENERAL
These conditions of sale form part of all contracts for the supply of goods by LPK INVEST PRAHA, s.r.o. (“the Seller”). They will prevail over any oral or written terms or conditions submitted by any Buyer (“the Buyer”) unless these have been agreed in writing by the Seller.
2. ORDERS SUBJECT TO ACCEPTANCE
(i) We reserve the right to decline to supply goods where we deem appropriate.
(ii) Customers wishing to sell goods online must specify this at the time of placing the order.
(iii) The Buyer's invoice address shall be considered as the trading address for the business, unless otherwise specified in writing to the Seller and subsequently approved by the Seller. Any subsequent additional trading sites must also be approved by the Seller.
3. CANCELLATION OF ORDER
The Seller reserves the right to refuse any cancellation or proposed cancellation of orders placed in writing by the Buyer if the goods are ready for despatch and a delivery date has been agreed by the Buyer.
The Seller may cancel any order for Products placed by the Buyer, whether or not they have been accepted by the Seller. The Seller shall have no liability to the Buyer in respect of such cancelled orders.
4. DELIVERY
(i) Delivery estimates will be given in good faith by the Seller at the time of acceptance of order and the Seller shall endeavour to adhere to them at all times.
(ii) No responsibility or obligation for any loss arising from delay in delivery shall be accepted by the Seller unless otherwise agreed in writing by both the Buyer and the Seller.
(iii) The Buyer will be subject to a carriage charge. The buyer will be informed about the costs in advance.
(iv) From the time of delivery to the Buyer the goods shall be at the risk of the Buyer. The Buyer is then solely responsible for their custody, maintenance and insurance.
(v) The Buyer must inspect the products upon delivery and inform the Seller within 5 working days in writing of any products which are delivered in a damaged or defective state, or of any discrepancy in the quantity of any delivery. Any shortfall in the quantity of products delivered from that stated in any contract to which these Conditions apply shall not give rise to a claim for damages for breach of contract solely as a result of such shortfall.
(vi) If transit cartons appear to be damaged, receipt of goods is to be refused.
(vii) Non Delivery must be reported by the Buyer within 48 hours by telephone of the agreed date of delivery and confirmed in writing within 7 days of the agreed date of delivery.
(viii) All correspondence should contain customer name, address and the invoice number that any credit claim relates to.
(ix) The Seller at all times endeavours to maintain good stock levels, however recommends the Buyer does not take advance orders in case of disappointment. This is particularly the case with imported goods such as ceramics or glassware.
5. RETURN OF GOODS
The Buyer shall have no right to require the Seller to take back and to give credit for non-defective product delivered to the Buyer in accordance with Clause 4. Should the Buyer prove to the satisfaction of the Seller that Products supplied are not in accordance with the specifications of the order or are defective by way of faulty material or workmanship, the Seller may at its discretion request the return of the products in question for repair or replacement or issuance of a credit note to the value of the products concerned.
6. PAYMENT
(i) All goods should be paid by proforma invoices.
(ii)The Seller will endeavour to despatch all goods promptly upon receipt of clearance of funds.
(iii) Any additional bank charges incurred in receiving payment from the Buyer shall be borne by the Buyer.
7. RETENTION OF TITLE
(i) The goods shall remain the Seller’s property until the payment has been cleared in full by the Seller's bank. Until that time the Buyer shall hold them as bailee, store them in such a way that they can be identified as the Seller’s Property and keep them separate from the Buyer’s own property and the property of any person.
(ii) Although the goods remain the Seller’s property until paid for, they shall be at the Buyer’s risk from the time of delivery and the Buyer shall insure them against loss or damage accordingly (and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Seller as trustee for the Seller).
(iii) The Buyer’s right to possession of the goods shall cease if (a) the Buyer has not paid for the goods in full by the expiry of any credit period allowed by this contract; or (b) the Buyer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement; or (c) a receiver, liquidator or administrator is appointed in respect of the Buyer’s business. On cessation of the Buyer’s right to possession of the goods in accordance with this clause the Buyer shall at his own expense make the goods available to the Seller and allow the Seller to repossess them.
(iv) Until such time as payment for the goods has been fully received by the Seller, the Buyer hereby grants the Seller, his agents and employees an irrevocable licence to enter any premises where the goods are stored in order to repossess them or inspect them at any time.
8. DESCRIPTIONS
(i) The Buyer shall be responsible for ensuring that the quantities and descriptions of its orders correspond with the goods it wishes to receive.
(ii) No order confirmation will be issued by the Seller unless specifically requested by the Buyer.
9. RETAIL PRICING
The Seller offers a Suggested Retail Price (SRP), however a mark-up range of 230% - 250% of trade price (ex VAT) is commonly noted.
10. TERMINATIONS
(i) The Seller will be entitled to terminate a contract with the Buyer if the Buyer repeatedly commits a breach of any of these terms and conditions or if the Buyer becomes subject to bankruptcy, an administration order or goes into liquidation, other than for the purposes of reconstruction. In the event of such a termination the Seller shall be entitled to suspend and/or cancel any future deliveries or existing orders without any liability to the Buyer.
(ii) Unless otherwise agreed with the Seller in writing, any account which has not ordered within a 6 month period may be deemed to have become inactive, and the account subsequently closed.
11. APPLICABLE LAW
These Conditions shall in all respects be construed in accordance with the laws of England and all parties agree to the jurisdiction of the English Courts.
12. DATA PROTECTION
Information about the Buyer, its employees and agents may be retained by the Seller to maintain and update its records to enable the Seller to administer and facilitate the Buyer's requirements. The Seller may also exchange such information about the Buyer with credit reference agencies to facilitate carrying out credit checks and other facilities for preventing fraud, theft and for tracing debtors, for obtaining credit insurance, assessment and analysis, securitisation and protecting its interests. The Seller will provide details of bankers and credit reference agencies used upon request.
13. CONFIDENTIALITY
All designs, specifications, drawings, documents and information disclosed by the Seller to the Buyer, its employees and agents shall be treated by the Buyer as confidential and the Buyer, its employees and agents may not disclose, deal or use any such information without the written authority of the Seller. The Buyer shall indemnify the Seller against any loss or damage arising from a breach by the Buyer of this clause. This provision shall include costs and expenses.