Terms & Conditions
Crowther Creative Products (T/A greatgifts.co.uk) - Terms and Conditions for Business Customers
These Terms and Conditions govern the supply of all Goods provided by us to you.
- “Agreement” is a reference to these Terms and Conditions and any order form and payment instructions provided to you;
- “Goods” means the product or products ordered by you from us;
- “Terms and Conditions” means the terms and conditions of supply set out in this document;
- “you”, “your” and “yours” are references to you the business purchasing the Goods from us;
- “we”, “us” and “our” are references to Crowther Creative Products Ltd of Unit 1, Capel Close, Leacon Road, Ashford, Kent TN23 4GY.
2.1 When ordering any Goods from us you do so in accordance with this Agreement. You are deemed to have accepted the prices of the Goods quoted to you and other terms such as delivery which may have been quoted to you at the time of placing your order.
2.2 Acceptance by us of any order placed by you will only take place when we notify you that your order has been accepted.
2.3 Any contract for the supply of Goods is between you and Crowther Creative Products Ltd.
2.4 You agree to take particular care when providing us with your details and specifications and warrant that these details are accurate and complete at the time of ordering.
2.5 You must check that the quotation meets your requirements and that the quantity and specifications of the Goods meet your requirements.
3 Prices and Payment
3.1 All prices quoted to you are correct at the time of quotation and are valid for 60 days and we reserve the right to alter our prices after this time. Prices are exclusive of VAT and delivery charges which will be added to your order.
3.2 The total price for Goods ordered, including delivery charges, will be confirmed to you when you place your order.
3.3 Full payment must be made for all Goods within 30 days of the date of invoice unless stated as 'pro forma'
3.4 Payment must be made by one of the methods accepted by us as notified to you.
3.5 Failure to pay on time will result either in the cancellation of your order or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 4% over our bank’s lending rate from the date the payment was originally due until the date of actual payment.
4.1 Direct Despatch delivery will be made direct to your customer where you have provided the relevant details. Delivery is usually made by first class post and takes between 2 to 5 business days. All orders are despatched the following business day where the order is placed before 1pm. Time is not of the essence for delivery of any Goods under this Agreement.
4.2 Stock orders over £500 are delivered free of charge. For all other stock orders there is a standard delivery charge of £7.00. Delivery charge subject to change with notice.
4.3 Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.
4.4 Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
4.5 You must notify us immediately if the Goods have not been delivered or if there has been a partial delivery of the Goods only. Any missing items should be listed and notified to us within 5 working days.
5 Damage in Transit
5.1 Please advise us immediately if Goods are found to be damaged upon delivery and notify your customer that the Goods must be kept within the original packing and made available for inspection, if necessary.
5.2 In the case of Goods damaged in transit our total liability to you is limited to providing replacement Goods within a reasonable period.
6.1 You are entitled to return Goods ordered from us within 28 days of receipt of the Goods if the Goods are faulty or do not comply with this Agreement. You will be entitled to have the Goods replaced provided the Goods are not damaged and have not been used or partially consumed.
6.2 The cost of returning the Goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you or your customer. Any refunds or re-credits will be undertaken within 30 days.
6.3 Items which are personalised to your (or your customer’s) specification cannot be returned.
6.4 We reserve the right to cancel your order at anytime if you become bankrupt, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, are dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur.
Full title in the Goods shall remain fully vested in us until we receive payment in full for the Goods.
8 Supplier Obligations
8.1 We will pass on to you the benefit of any manufacturer warranty which is provided with the Goods and no other warranty is hereby expressed or implied in respect of the Goods. We are not the manufacturer of the Goods and cannot be held liable if the finished Goods do not conform to the original description or specification.
9 Limitation of Liability
9.1 We disclaim any and all liability to you for the supply of the Goods to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the Goods purchased from us. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
9.2 We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties which shall include, but is not limited to, any labour strikes, bad weather conditions, fires, governmental actions, war or terrorist acts.
9.3 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
10.1 We may assign, subcontract or novate any part or parts of our rights and obligations under the Agreement without your consent or any requirement to notify you.
10.2 The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us. No other terms, statements, representations or promises whether expressed or implied shall form part of this Agreement including for the avoidance of doubt, any terms and conditions which you may try to apply in any purchase order, confirmation of order, specification or other document or communication. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
10.3 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
10.4 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
10.5 No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.