INFORMATION / TERMS OF TRADING
CURRENCY Depending on your Geographical location we will issue either UK £, € or US $ prices.
MINIMUM TRADE ORDERS A minimum Order Value is applicable for trade/wholesale customers. This is listed in the "My Account" section of the website.
DELIVERY/BACK ORDERS The majority of products are supplied from stock; Despatch is usually within seven days from the day your order is placed. In the instance of any items being out of stock these will be kept on back order to be sent at a later date.
LATE PAYMENT The Alchemy Carta Ltd. reserves the right to charge interest at base rate + 3% compounded monthly on ANY overdue outstanding amounts. Accounts not settled in full within 60 days of despatch will, at the discretion of the vendors, be placed in the hands of recovery agents and a separate invoice will be issued to cover legal charges.
CANCELLATION AND CHANGES TO ORDERS We reserve the right to apply a 15% handling fee to cancelled/ extensively changed orders.
OWNERSHIP TITLE Ownership in goods sold under this contract shall not pass on to you until payment has been made in full of all sums due and payable by you in respect of the goods or on any other account with us. Until property passes you shall be a bailee of the goods and keep them in your possession and control provided that you may deal with them in the ordinary course of your business if the proceeds in full (apportioned if necessary) of any sale, other disposition, or use thereof are held on our accounts.
SALE OR RETURN We cannot accept the return of any goods other than faulty items either in exchange for other goods, or credit, or in lieu of payment, excepting at the request of The Alchemy Carta Ltd. in cases of distress where a permanent winding up of a customer’s Account is being settled (see ownership). In the rare occasion of faulty goods or wrong items being delivered, they must be returned within fourteen days from the date of despatch.
OTHER Please note that Alchemy Carta Ltd reserve the right to change/amend terms and conditions of trading without prior notice. Alchemy also reserve the right to withdraw any product line from sale with immediate effect.
The Alchemy Carta Limited - TERMS AND CONDITIONS
These conditions govern your relationship with The Alchemy Carta Limited. All Orders for Goods or Services accepted by us will be subject to the following Terms and Conditions which will form part of and will govern the Contract of sale. No variations of these Terms and Conditions will be accepted unless agreed in writing by The Alchemy Carta Limited. We will not accept inclusion of any alternative Terms and Conditions by a Customer which conflict with, alter or add to these Terms.
1 DEFINITIONS
"Customer" (otherwise referred to as "You") means an entity who enters into a legal contract with us to buy Goods and Services other than for private use.
"Supplier" (otherwise referred to as "We") means The Alchemy Carta Limited a company registered in England and Wales with company number 01492076 and registered office at St Mary's Mill, Unit 43, Faircharm Trading Estate, Evelyn Drive, Leicester, LE3 2BU
"Conditions" means the terms and conditions set out in these Terms and Conditions for Customers and include any special terms agreed in writing between the Supplier and the Customer;
"Contract" means each contract for the sale and purchase of the Goods made in accordance with these Conditions;
"Order Confirmation" means our written acceptance of your order
"Goods" means the Goods (including any instalment of the Goods or any parts for them) which We supply in accordance with these Conditions;
"Services" means Services and Support provided by us in accordance with these Conditions;
"Price" means the price due from You, plus any Additional Charges, calculated in accordance with Condition 3;
"Additional Charges" means the costs of carriage where applicable, any additional packaging, any taxes, duties or other charges levied by any Government or authority in respect of or by reason of the sale, delivery, export or import of the Goods, courier and messenger costs and any other additional charges payable by the Customer in addition to the Price;
"Delivery Address" means the point to which the Goods are to be delivered as set out in the Order Confirmation or as otherwise agreed between the parties in Writing;
"Working Days" means a day from Monday to Friday 9.00am to 5.00pm other than a public or bank holiday in England;
"In Writing" and any similar expression, includes communications by post facsimile transmission and email but excludes text messages.
2 BASIS OF THE SALE
2.1 We shall sell the Goods and/or Services in accordance with any written quotation of the Supplier which is accepted by You or written order of the Customer which is accepted by us, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 We will accept your offer and create a Contract with You by sending to You an Order Confirmation once we have confirmed availability of the Goods or Services, verified your payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your payment details before providing you with any Goods or Services.
2.3 The Order Confirmation will be binding on You unless there is an unacceptable discrepancy between the Goods or Services that You ordered and those detailed in the Order Confirmation. You should notify us as soon as You become aware of any such discrepancy and in any event prior to the dispatch of the Goods.
2.4 No variation to these Conditions shall be binding unless agreed in Writing by us.
2.5 We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by us. Any such minor variation will not give You the right to cancel or rescind any Order or Contract made with us. Images of Goods are provided for illustrative purposes only and the actual Goods You receive may differ from the image displayed in brochures or on our website.
2.6 When You place an Order, you are undertaking to us that:
2.6.1 all details You provide to us for the purpose of purchasing Goods or Services are correct, and
2.6.1 the credit or debit card You use to make a purchase from us is your own card, that You are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services You order from us.
2.7 Cancellation of Orders.
Other than in accordance with clause 2.3, we do not accept cancellation of orders by Customers once an Order Confirmation has been sent as many Orders are dispatched on the same day the Order is placed, except with the agreement in Writing by us and on terms that the Customer indemnifies us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation. We cannot accept cancellation of an Order for bespoke Goods which have been produced to your specific requirements.
3 SPECIFICATIONS
3.1 If the Goods are to be manufactured or altered or any process is to be applied to the Goods by us in accordance with a specification submitted by the You, You shall indemnify us against all loss, damages, costs and expenses incurred by us in connection with any claim for infringement of any patent, copyright, design, trade mark or other intellectual property rights. We give no warranty that any Goods based on the specification by You will be fit for their intended purpose.
3.2 We may make any changes in the specification of the Goods and/or Services which are required to conform to any applicable statutory or EC requirements or which do not materially affect their quality or performance. We shall at our discretion pass on costs to You for such changes requested by You.
3.3 All drawings, designs, specifications and other information provided by us are confidential and all rights of copyright ownership and other intellectual property rights in respect of them shall remain vested in us and shall not pass You.
4 QUOTATIONS
4.1 Quotations shall remain open for a period of 30 days from the date of the quotation unless some other period is specified in the quotation.
4.2 All quotations and price lists shall not constitute offers by us and are subject to withdrawal at any time by us without prior notice.
4.3 Any acceptance of any quotation or price list will constitute an offer by You to purchase the Goods and the Contract shall only be made when the we issue the Order Confirmation or if no Order Confirmation is issued when the Goods are delivered in accordance with Condition 6 and the Conditions shall be deemed to be incorporated into the Contract.
4.4 We reserve the right to withdraw or amend a quotation at any time before receipt of an unqualified order from You and each quotation shall be deemed withdrawn unless accepted within the period for acceptance stated on the quotation, or if no such period is stated, 30 days from the date of the quotation.
5 PRICE OF GOODS/SERVICES
5.1 The price of the Goods and/or Services shall be the price specified on our Order Confirmation or, if none, the price specified in our quotation or, if none, our published price list current at the date of supply of the Goods and/or Services shall apply.
5.2 We may vary the price of the Goods and/or Services at any time before delivery to reflect any change in the cost to us which is due to any factor beyond our control (including, without limitation, foreign exchange fluctuation, currency regulation, increase in the costs of labour, materials or other costs of manufacture or distribution), any change in delivery dates, quantities or specifications for the Goods and/or Services which is requested by You, or any delay caused by any instructions from You or failure by You to give us adequate information or instructions.
5.3 All prices are given by us exclude VAT and other duties and You shall be liable to pay those duties and our charges for transport, packaging and insurance.
6 TERMS OF PAYMENT
6.1 We shall be entitled to invoice You for the Price and any Additional Charges at any time after the Contract has been made.
6.2 Unless We have agreed otherwise in Writing all invoices must be paid by You in full at point of sale once order has been accepted by us without any set off or other withholding. Time for payment of our invoices shall be of the essence of the Contract.
6.3 Notwithstanding Condition 4.2 We reserve the right in any case (without any reason being given) to require You to make payment in full for any order prior to delivery.
6.4 If any payment due to us by You under this or any other contract is not made strictly in accordance with Condition 6 or any credit account or other terms agreed by us in Writing the following provisions shall apply:
6.4.1 all invoices which are unpaid under this and any other contract (irrespective as to whether or not payment has fallen due) shall become immediately payable in full; and
6.4.2 We reserve the right to:
6.4.2.1 cancel the Contract or any other order or contract (or any part or parts thereof) or suspend deliveries. Any claims by us against You in respect of any cancelled orders or otherwise shall not be prejudiced in anyway;
6.4.2.2 sell or otherwise dispose of the Goods and/or any goods which are the subject of any order by You, whether or not appropriated thereto, and apply the proceeds of sale to the overdue payment;
6.4.2.3 charge You interest (both before and after judgment) on any amount unpaid from the date of the invoice at the rate of 8% above the Bank of England base rate from the date any invoice becomes overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
6.4.2.4 appropriate any payment made by You to such of the Goods (or goods supplied under any other contract) as We may think fit;
6.4.2.5 unilaterally vary your credit available and/or payment terms for future orders; and
6.4.2.6 charge You in full for all and any losses, liabilities, compensation, costs, charges and expenses (both before and after the issue of any proceedings and irrespective of whether awarded by the court) sustained or incurred by us in connection with the recovery or attempted recovery of any such overdue payments and any interest accruing thereon.
6.5 We may refuse to accept any order from or to deliver any Goods to You where the invoice for those Goods would result in You owing us a sum greater than any limit of credit agreed by us.
6.6 The level of credit provided by us to You is entirely within our discretion and we may without prior notice to You reduce or withdraw the level of credit at anytime.
6.7 Our invoices are calculated by computer and nett invoice prices are calculated to two decimal places.
7 DELIVERY OF GOODS
7.1 Unless otherwise agreed between the parties the Goods shall be deemed delivered when they are:
7.1.1 delivered to the Delivery Address by us, or our courier and Proof of Delivery signed for; or
7.1.2 where we have agreed to make the Goods available for collection, when they are collected from our Premises and signed for by You or your representative.
7.2 Risk in the Goods shall pass to You in accordance with Condition 10.1.
7.3 Offers to supply Goods from stock or on or within a given time period are made subject to the availability of the Goods at a given time. Whilst every effort is made to meet collections or delivery arrangements these are approximate only and unless otherwise expressly stated time is not of the essence for delivery or We will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform.
7.4 No delay shall entitle You to either refuse to take delivery of the Goods or refuse to make payment of any invoice or part of any invoice issued by us or to claim that the Contract has been repudiated.
If You cannot accept delivery, We may re-arrange delivery provided that We reserve the right to charge You for any delivery costs incurred.
7.5 Upon delivery of the Goods, You may be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, You should either note this on the Proof of Delivery or refuse delivery of the Goods.
7.6 We shall not be liable for discrepancies or damage evident on delivery where You accept delivery and sign the Proof of Delivery without amendment.
7.7 You may request a Proof of Delivery, provided that this request is made within 30 days of the dispatch confirmation and We shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
7.8 Where delivery is made by us to You, We will consider a claim by You in respect of loss or damage in transit only if You:
7.8.1 give Written notice to us within 48 hours after delivery or non-delivery of the Goods; and
7.8.2 comply in all respects with our carrier’s conditions of carriage for notifying claims for loss or damage in transit where the Goods are transported by our carrier.
7.9 We shall be entitled to make good any shortage or non-delivery of a consignment of the Goods.
7.10 Should You refuse to take delivery of the goods, We reserve the right to charge You any and all storage costs incurred.
7.11 Delivery may be made in instalments with prior agreement with us, at our discretion.
8 RETURNS
8.1 Other than the express provisions set out in these Terms, all other terms and the implied terms relating to the supply of goods or services are excluded to the fullest extent permitted by English law.
8.2 In the event that You need to return Goods, then You must notify us of every return so that we are able to administratively process the return, otherwise We have no means of identifying the Goods being returned and this may result in difficulties in returning monies.
8.3 In the event that any Goods Delivered to You do not correspond with the Goods in the Order Confirmation, or have been Delivered to You by mistake, then You will be under a duty to take reasonable care of such Goods and to contact us within 48 hours of delivery. We will then arrange for a courier to collect the Goods and replacements to be supplied on a credit and recharge basis.
8.4 Care of Goods to be Returned
Whilst in possession of the Goods You will be under a duty to take reasonable care of them. We reserve the right to refuse a refund on Goods returned which have been made unfit for resale or damaged whilst in your possession. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
8.5 Address for Returns of Goods
If You return Goods to us for whatever reason, Goods should be delivered to: St Mary's Mill, Unit 43, Faircharm Trading Estate, Evelyn Drive, Leicester, LE3 2BU.
8.6 If We arrange for courier collection of Goods, this will normally take place between 9.00am and 5.00pm Monday to Friday and it is your responsibility to ensure that a representative will be present at the collection address when the courier arrives.
8.7Return For Credit
8.7.1 In the event that We, at our absolute discretion, agree to accept the return for credit of unwanted products, the Goods must be returned with our prior written agreement within 14 days of delivery. The Goods must be unopened and in perfect re-saleable condition. All Goods returned in these circumstances will be subject to a re-stocking fee of 20% of the invoice price.
8.7.2 Any Goods returned unopened and in re-saleable condition, outside of the 14 days specified in clause 5.8(a) may be returned for credit subject to our absolute discretion and shall be decided by us on a case-by-case basis. All Goods returned in these circumstances will be subject to a 20% re-stocking fee.
8.8 Provision of Services
(a) We accept no liability for Products which have subsequently been altered or configured by persons other than ourselves or our agents.
9 RISK AND TITLE
9.1 Risk in the Goods shall pass to You:
9.1.1 at the time of delivery in accordance with Condition 7; or
9.1.2 if You wrongfully fail to take delivery, risk shall pass to You at the time when We have tendered delivery of the Goods or where We are not responsible for delivery of the Goods to premises other than its own at the time when We notify You that the Goods are available for collection.
9.2 Notwithstanding delivery and the earlier passing of risk, title in the Goods supplied by us shall remain with us and shall not pass to You until the Price, any Additional Charges and all sums due under the Contract and any other contract between the parties, including any interest, has been paid in full.
9.3 Until title passes, You shall hold the Goods as fiduciary agent and bailee for us and shall keep the Goods separately and properly stored, protected, insured and marked so that they can at all times be identified as the property for us. You agree not to incorporate the Goods into any structure or building until they are paid for. Subject to this, and until title passes You shall be entitled to resell or use the Goods in the ordinary course of its business, but such permission will cease on termination of the Contract. You shall account to us for the proceeds of sale or otherwise of the Goods pursuant to this permission, on termination of the Contract.
9.4 We may at any time before title passes and without any liability to the You:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate your rights to use sell or otherwise deal in them; and
9.4.2 for the purposes of Condition 9.4.1 or for the purposes or determining what if any Goods are held by You and inspecting them, enter any premises of or occupied by You.
9.5 We can exercise the rights to Goods for which title has not passed to You and hereby grant full and irrevocable rights of way and entry to all parts of any property owned or occupied by You upon which the Goods are situated.
9.6 We may maintain an action for the Price, any Additional Charges and all sums payable under the Contract notwithstanding that title in the Goods may not have passed to You.
9.7 Nothing in the Contract will constitute You to be acting as the agent of us in respect of any re-sale of the Goods by You so as to confer upon a third party rights against us.
10 LIMIT OF RESPONSIBILITY
10.1 It shall be the responsibility of You to:
10.1.1 carefully inspect and check the Goods as soon as practicable after receipt thereof to ensure that they are in accordance with the order placed by You. This should preferably be done before Proof of Delivery/signature of our delivery note or failing that within 48 hours of receipt of the Goods after which period You shall be deemed to have accepted the Goods and we shall have no liability for any defect or failure and You shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract. You agree that such a period is reasonable. Your rights of acceptance and/or rejection of the Goods shall be constructed in all respects in accordance with this Condition and any other rights for You in respect of acceptance, and/or rejection whether statutory or otherwise are hereby excluded; and
10.1.2 take all steps which are reasonably practicable to mitigate any loss in respect of any Goods which are defective and we shall not be responsible for any loss which would have been avoided if such steps had been taken.
10.2 To the extent permitted by law we disclaim all warranties with regards to the Products either expressed or implied including but not limited to any implied warranties of satisfactory quality or fitness for any particular purpose.
11 LIABILITY
11.1 Without prejudice to clause 10.2, any liability for us to You arising out of this agreement shall be limited to direct losses or damage only and shall not extend to loss of use, loss of profit, indirect or consequential loss or damage or anticipated savings, and shall not exceed an amount equal to 150% of the price of the products.
11.2 We do not limit liability in respect of personal injury or death caused by the negligence of the Supplier or its employees.
12 TERMINATION
12.1 If any of the following events occur:
12.1.1 You make any voluntary arrangement with creditors or become subject to an administration order or (being an individual or firm) becomes bankrupt or (being a Supplier) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
12.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of You: or
12.1.3 You cease, or threaten to cease, to carry on business; or
12.1.4 You are in breach of this or any other contract with us; or
12.1.5 You have not paid the Price (or part thereof), any Additional Charges or any other sums payable under the Contract and such amount remains outstanding for 30 days; or
12.1.6 We reasonably apprehend that any of the events mentioned above is about to occur in relation to You and notify You accordingly then without prejudice to any other right or remedy available to us, We shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to You, and if the Goods have been delivered but not paid for the Price, any Additional Charges and any other sums payable under the Contract shall become immediately due and payable notwithstanding any previous agreement to the contrary.
12.2 On termination for any reason:
12.2.1 You shall immediately pay us all outstanding invoices and interest and, in respect of any part of the Price, Additional Charges or other sums payable by You but for which no invoice has been submitted, We may submit an invoice will which shall be payable immediately on receipt; and
12.2.2 the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
13 FORCE MAJEURE
13.1 We shall not be liable to You or be deemed in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) strike, lock-out, trade dispute or labour trouble, act of God, embargo, or other Governmental Act, regulation or request, fire, accident, war, riot, delay in transportation or inability to obtain adequate labour, materials, or manufacturing facilities.
13.2 where Condition 13.1 applies, We shall be entitled to cancel delivery of the Goods in whole or in part and shall not be bound to obtain in the market goods with which to replace Goods delivery of which has been cancelled as a result of any such events.
14 MISCELLANEOUS
14.1 A person who is not a party to the Contract has no right under the Contract (Right of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exits or is unavailable apart from that Act.
14.2 The validity of the Contract shall be governed by the Laws of England and Wales and the parties irrevocably agree that any dispute arising shall be within the exclusive jurisdiction of the English Courts.
14.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing to that other party at its registered office or principal place of business or such other address as may have been notified in Writing to the other party at the relevant time pursuant to this provision to the party giving the notice. Notices sent by first class delivery mail shall be deemed to have been served on the next Working Day after posting where the notice is sent and received within the United Kingdom, or 7 Working Days following posting where the notice is sent and/or received outside of the United Kingdom. Any notice delivered personally or sent by e-mail shall be deemed served at the time of personal delivery or transmission, provided the same occurs on a Working Day. To prove service it shall be sufficient to show that the email was transmitted to the email address of the other party or that the envelope containing the notice was properly addressed and posted.
14.4 The headings of these Conditions are for ease of reference only and do not affect their construction and nor to they limit their scope.
14.5 The singular, where appropriate includes the plural and vice versa.
14.6 If any provision of these Conditions is held by any competent authority to be valid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.7 No waiver by us of any breach of the Contract by the You shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.8 The Contract constitutes the entire agreement between the parties in relation to its subject matter, supersedes any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
14.9 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for or to bind another party in any way.
14.10 Each party to the Contract shall at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of the Contract or to make it easier to enforce.
14.11 We reserve the right to amend these Conditions without prior notice. In any future dealings with us, You will be bound by any amended Conditions upon receipt of a copy of the same.