Terms & Conditions
All orders accepted by us (Pricecheck Toiletries Limited) and all quotations accepted by you (the Purchaser) are subject to the following terms and conditions which shall prevail over any other terms or conditions which you may seek to introduce, unless otherwise expressly agreed in writing by one of our directors. We (Pricecheck Toiletries Limited) reserve the right to alter these terms and conditions of sale at any time.
Opening of a credit account is subject to satisfactory trade references and a credit check, and is at the discretion of Pricecheck Toiletries Limited.
Payment must be made within the agreed payment terms, unless written agreement has been given by Pricecheck Toiletries Limited. If an account remains unpaid after this time we shall be entitled to withhold delivery of any further goods (whether or not already ordered).
We shall be entitled to charge interest on all sums which may at any time be overdue for payment at the rate of 2% per month from the time when such sums became due for payment until the time when they are paid in full.
Please note that we do not give settlement discount.
Any date given by us for the delivery of any goods is an estimate only and we shall not be liable for any delay in delivery however caused.
We do not deliver goods outside our premises unless the invoice value (exclusive of VAT) of the consignment is more than £1500.00
Third Party Rights
Nothing in this contract confers or purports to confer on any third party any benefit or any right to enforce any term of this contract pursuant to the Contract (Rights of Third Parties) Act 1999.
Risk of damage to or loss of goods supplied will pass to you:
- in the case of goods collected from our premises, at the time of collection or
- in the case of goods to be delivered otherwise than at our premises at the time when we so deliver the goods.
you make any voluntary arrangement with your creditors; or
(being an individual or firm) become bankrupt; or
(being a company) you become subject to an administration order or go into liquidation (otherwise than for the purposes of a solvent amalgamation or reconstruction); or
a receiver or administrative receiver is appointed of any of your property or assets; or
you cease or threaten to cease to carry on business; or
we reasonably apprehend that any of the above events is about to occur and we notify you accordingly; then
as well as having any other remedies we shall be entitled to cancel all existing orders for goods placed by you or suspend any further deliveries of goods placed by you or suspend any further been delivered to you and not paid for the price shall become immediately due and payable.
Any notice under these conditions must be in writing addressed to the other party at its registered or principal place of business.
No waiver by us of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Should any of these Conditions be found by a court or other competent authority to be void or unenforceable, in whole or in part, such provision shall be deemed to be deleted from these Conditions and the remaining Conditions shall continue in full force and effect.
These Conditions and the Contract shall be construed according to English Law and the parties hereto submit to the non-exclusive jurisdiction of the Courts of England and Wales.
We will at our own cost and expense repair and/or replace at our discretion the whole or any part of the goods forming the subject of the Contract which are defective in quality, under delivered or fail to comply with any specification laid down in the Contract subject however to the following conditions:
- In the event of any matter giving rise to complaint; you must give notice thereof to us within three days of the date of the delivery of the goods to the destination agreed in the contract.
- Following notice of complaint we must be given a reasonable opportunity of examining the relevant goods.
- In the event of damage occurring to the goods during transit you must give written notice to us within three days of the date of delivery to the destination named in the Contract and further where such goods are consigned by an outside carrier you must in addition comply in all respects to that carriers conditions of carriage for notification of claims or loss or damage in transit.
Save as mentioned above we shall be under no liability whatsoever whether contractual tortious or statutory for any defect of quality shortfall of quantity breach of specification or any other matter in relation to goods supplied or for any consequential damage however caused thereby incurred by you or any other person firm or corporation and whether arising directly or indirectly from any matter complained of in relation to the goods.
Any condition warranty or statement as to the quality of the goods or of their fitness for any purpose whether expressed or implied by any statute trade custom or otherwise is deemed excluded unless expressly accepted in writing by us.
Retention Of Title
Not withstanding the provisions outlined in the section entitled Risk:
Title to any goods shall not pass to you until we have received in cash or cleared funds payment in full of either the price of those goods or any other goods which we may have delivered to you or any other monies due on any Pricecheck Toiletries Limited account.
Until such time as title in goods passes to you, you must keep the goods separate from those belonging to you and third parties and properly stored, protected and insured and identified as our property, but you will be entitled to resell such goods in the ordinary course of business.
Until the title in goods passes to you (whether or not any payment is overdue or you are otherwise in breach of any obligation of this agreement) and provided the goods have not been resold we are entitled (without prejudice to any of our other rights) at any time to require you to deliver up the goods to us and if you fail to do so we shall be entitled to enter (or authorise others to do so) on any of your premises and repossess the goods which you hereby authorise.
Goods shall be deemed sold or used in the order delivered to you.
Any resale by you of goods in which property has not passed to you shall (as between us and you only) be made by you as agent for us.
In no event shall we be liable for any failure to perform which is due to force majeure. As used here the term ''force majeure'' means any event beyond the reasonable control of us including but not limited to fire, flood, earthquake, explosion, inclement weather or unforeseeable natural occurrence or accident; strikes, lock-outs, work-to-rule, or other labour disputes; war, civil unrest, acts of vandalism, or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, civil or military authority; delay, cancellation or disruption of travel arrangements; illness or injury to personnel; any pre-emption, failure, degradation or severance of any facility or equipment that we have procured for the provision of business.
If our performance of any of our obligations hereunder is prevented, restricted or interfered with by reason of force majeure as defined above, then we, upon giving as prompt notice to you as is reasonably possible, shall be excused from such performance to the extent of such prevention, restriction, or interference and shall, if possible, continue performance hereunder whenever such causes are removed.
Modern Slavery Act 2015
In acknowledgement of the Modern Slavery Act 2015, our Slavery and Human Trafficking Statement can be found here.