Terms Of Business - Zappak UK.

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Applicability
The Terms of Business out below (“the Conditions”) shall apply to all contracts for the supply of goods (”Goods”) made with Zappak UK Limited, whose principal place of business is Units 10-11 Durham Way, Heathpark, Honiton, Devon, EX14 1SQ (“the Company”) and the person or organisation purchasing the goods (“the Customer”).

Acceptance
By placing an order with the Company, the Customer agrees to deal with the Company on these Conditions to the exclusion of all other terms, conditions or warranties contained in, or referred to in the Customer’s order or correspondence or elsewhere implied by trade, custom, practice or course of dealing.

For the purpose of these Conditions and any contract between the Company and the Customer for the sale of Goods (“the Contract”), the Company is entitled to treat as conclusive any representation from a person who is, or appears to be, an employee, representative or agent of the Customer, who, in the Company’s reasonable opinion appears to have the requisite authority.

The Company reserves the right to refuse to make any Contract with any Customer, or to refuse to make or complete delivery of any Goods, if it has reason to believe that there is a reasonable prospect that the Customer will not be in a position to pay for the Goods in question.

The Company reserves the right to charge a minimum order fee in relation to any Contract.
The Company does not sell Goods on a “trial basis” and the Customer agrees that it relies on its own skill and judgement in evaluating the suitability and fitness of the Goods for its purposes.

Pricing & Description of Goods
All Goods are subject to availability and all prices are subject to alteration.

If an order cannot be fulfilled for any reason, a full refund will be issued to the Customer’s account for any monies previously received by the Company.

In the event of either an error in the Company’s published prices or a price change for any Goods, the Customer will be informed by the Company as soon as possible and offered the option of either reconfirming the order at the correct price, or cancelling the order completely.

If confirmation is not received from the Customer within 3 working days of being informed of the error or price change, the order will automatically be cancelled by the Company.

If the order is cancelled either by the Customer or Company, a full refund of any sums paid by the Customer will be made. All prices advertised by the company will clearly show whether VAT is applicable or not.

All payments shall be made in Sterling and a delivery charge may be made for the Goods which, if applicable, could vary according to the shipping method requested, the weight and volume of the Goods ordered, and the Customer’s geographical location.

Colour descriptions of Goods, and items shown in sales literature including the Company’s web site, should be taken as illustrative of colours.

The Company does not guarantee that different products, described or shown as having the same colour, will not have variations due to the nature of materials/fabrics used and different manufacturers. In addition, different batches of the same product may have a variation in colour.

Own Goods
“Own Goods” are those owned by the Customer, who has requested the Company to customise them in some way.

This would normally be by screenprinting and/or embroidery of a name and/or logo design onto the Goods.

Any work undertaken by the Company on Own Goods will be solely at the owner’s own risk.

Payment
Payments are accepted by cheque, cash or by electronic funds transfer, the latter by prior arrangement in writing between the Company and the Customer. The obligation upon the Customer to make any payment shall be of the essence and is a fundamental term of these Conditions.

Company invoices must be paid, in full, strictly within 14 days of the invoice data, but the Company reserves the right to seek cleared funds (either a deposit or full payment) in advance of the processing of any order.

Invoices will be issued with the dispatch of Goods and may be issued electronically.

Under the Late Payment of Commercial Debts Regulations (2002), the Company reserves the right to exercise its statutory right to charge interest and an administration charge on all overdue invoices.

Deliveries
Delivery times quoted by the Company are stated in good faith but are estimates only. They are based upon the availability of the Goods, normal processing times and delivery times as provided by the couriers used.

Whilst the Company strives to ensure that all Goods are delivered to the address specified by the Customer to the Company (“the Delivery Address”) in accordance with estimates, the Company shall not be liable for any loss or damage suffered by the Customer.

Goods may be delivered in several consignments and the Company will endeavour to inform the Customer as soon as possible if this is the case.

No deliveries are made on a Saturday or a Sunday, Bank or public holidays due to courier restrictions.

The Company may make deliveries in advance of any estimated delivery date.

The Company reserves the right to refuse delivery to an address where it has any reasonable cause to doubt successful shipment of the order. In such cases, the Customer shall provide an alternative address for delivery.

Subject to any special offers from time to time in force, deliveries may be subject to a delivery charge.

Late delivery shall not constitute a breach of contract by the Company, and the Customer shall not be entitled to cancel the contract because of late delivery.

Delivery by the Company to the relevant courier shall be deemed to be delivery to the Customer.

The Company may change the specification of Goods, prior to delivery, where it believes there is no material adverse effect on quality or performance.

Risk & Title
The risk in the Goods shall pass to the Customer upon delivery.

Title to the Goods will pass to the Customer once payment has been received in full by the Company.

In the event that Goods are passed or sold to a third party by the Customer, the Company’s title rights remain protected, until such time full payment has been received.

This condition merely reserves title on such Goods for the benefit of the Company; it does not impose a charge on the Goods.

Payments referred to above includes payment of the Goods as well as all other sums which are, or which become due, from the Customer however so derived.

The Company shall be entitled to recover payment for the Goods, even though title of any of the Goods has not passed from the Company.

Until title has passed to the Customer, the Customer must

store or use the Goods in such a way that they are readily identifiable as the Company’s property
not destroy, deface or obscure any identifying marks in/on the Goods
maintain the goods in a satisfactory condition
keep them insured on the Company’s behalf for their full price

RETURN OF GOODS
The Customer must notify the Company within 30 days of the Goods having been received of their intention to return Qualifying Goods.

The company will not accept returns after this period for whatever reason.

No returns shall be accepted in relation to Goods arising from fair wear and tear, or willful or accidental damage caused by the Customer, its employees or agents.

Where both Personalised and non-Personalised Goods have been received, the Customer shall only be entitled to return the non-Personalised Qualifying Goods.

Full details of our Returns Policy can be found here.

Errors & Omissions
Whilst every effort is made by the Company to ensure prices and descriptions quoted by it are precise and accurate, on occasions where an error may occur, the Company is entitled to rescind any Customer order.

The company’s liability will then be limited to the return of any monies the Customer has already paid relating to that order.

General
Failure or delay by either party in exercising any right or remedy provided by the Contract or by law will not be construed as a waiver of such right or remedy or a waiver of any other right or remedy.

The Contract will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

Data Protection
The Company will take all reasonable steps to keep the details of orders and payment secure. The Company will adhere to the principles of the Data Protection Act 1988 to uphold Customers’ privacy and protect and personal data provided.

Cancellation of Orders
Under the Consumer Protection (Distance Selling) Regulations 2000, a Customer may cancel an order up to 7 days after receiving the Goods, provided that the Company has not personalised the Goods in any way to the Customer’s specification.

Personalisation would normally be by screenprinting and/or embroidery of a name and/or logo design onto the Goods.

Where an order is made up of both personalised and unpersonalised (plain) items, only the latter Goods can be cancelled and returned to the Company under the Distance Selling Regulations.

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