Terms of service
The following terms of Sale and Supply, together with the Refund Policy and Shipping Policy, shall apply to each order for the supply of Goods unless otherwise agreed in writing. Acceptance of Customer orders shall be subject to these terms and conditions and cannot be altered by the Customer’s terms of purchase.
1. Cancellation
Cancellation of an order by the Customer cannot be accepted or Goods returned for credit unless previously agreed to in writing by the Company. Where such cancellation is agreed the Company reserves the right to charge the Customer with the amount of any losses or expenses incurred or material used and a reasonable allowance for overhead charges and loss of profits.2. Claims
Claims for any damages or shortages must be notified to the Company within 7 days of the receipt of Goods. Any deliveries with visible external damage to the packaging should be refused or signed for as damaged. Claims for non-delivery must be given to the Company within 14 days of the invoice date3. Prices
Standard Company trade pricing will apply to all products supplied to Customers who can establish that they qualify as retail outlets.The Customer acknowledges that the Company has the right to change prices without notice. Goods will be invoiced based on the price in force at the time of raising the invoice.
Any special request by the Customer for Goods to be delivered by any means other than our normal arrangements shall be subject to an additional charge to cover the extra cost, plus VAT.
4. Cancellation
4.1 UK and European Union Customers - Payment from retailers in the UK and the European Union is required within 30 days net of the invoice date. VAT will be charged on UK and European Union accounts at the current rate applicable.
4.2 All costs incurred in recovering overdue debts, including legal expenses, will be payable by the Customer.
4.3 The Company reserves the right to terminate this agreement and/or withhold further supplies in the event of amounts payable being overdue, breach of any of these Terms and Conditions of Supply or any other reason which at the discretion of the Company warrants such action.
5. Retention of Property
5.1 The Goods shall be at the Customer’s risk as from delivery.5.2 In spite of delivery having been made, property in the Goods shall not pass from the Company until the Customer has paid the Price plus VAT in full and no other sums whatsoever are due from the Customer to Company.
5.3 Until property in the Goods passes to the Customer in accordance with clause 5.2 the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no costs to the Company) in such a way that they are clearly identified as the Company’s property.
5.4 Notwithstanding that the Goods remain the property of the Company the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of the Company. Any such sale or dealing shall be a sale of the Company’s property by the Customer on the Customer’s own behalf and the Customer shall deal as a principal when making such sales or dealings. Until property in the Goods passes from the Company the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Company and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Company’s money.
5.5 The Company shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Company.
5.6 Until such time as property in the Goods passes from the Company the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Company. If the Customer fails to do so the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Customer under clause 5.4 shall cease.
5.7 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company, if the Customer does so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
5.8 The Customer shall insure and keep insured the Goods to the full Price against all risks to the reasonable satisfaction of the Company until the date that property in the Goods passes from the Company, and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company, if the Customer fails to do so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
6. Publisher Rights
Where a Publisher specifies areas into which goods may not be sold then the Company will endeavour to observe these restrictions. It is the responsibility of the Customer to ensure that any purchases from the Company do not infringe the Publishers’ restrictions.7. Company's Liability
The Company will not be liable for any loss of whatsoever nature occurring to the Customer arising from non delivery, delayed delivery, damage to or loss of the Goods owing to any cause not within the Company’s control including, without limitation, fire, flood, accident, strikes, riots, war, lock-outs, trade disputes, acts or restraints of government.8. Rider
8.1 This Agreement shall terminate forthwith if an Order is made or any effective Resolution is passed for the winding-up of the Company or the Customer or either of the foregoing is unable to pay its debts within the meaning of Section 518 of the Companies Act 1985, or it makes a composition with creditors.8.2 The Company may terminate this Agreement on one month’s written notice to the Customer at any time.
8.3 The termination of this Agreement shall not affect any rights or obligations of the parties pursuant here to arising prior to such termination.
9. Law
This contract shall be governed by and construed in accordance with the Laws of England.Definitions
‘The Company’ means Teal Press Ltd under any of its trading names including but not limited to ‘Leonard Smith’ and ‘Eleos’‘Customer’ is a person contracting with the Company for the supply of the Goods of the Company .
‘Goods’ means the items which the Company offers for sale including but not limited to books, printed sheets, printed cards, stationery and gift items.