Terms & Conditions - Anchor Safety LLP

Application

1.	The following terms and conditions, as varied from time to time by us, will govern all contracts we make for supply of goods unless otherwise specifically agreed by us in writing and shall prevail to the exclusion of any other terms that the buyer may seek to impose or incorporate or which are implied by trade custom, practice or course of dealing.
2.	In some part of these terms you will have different rights under these terms depending on whether you are a “business” or “consumer”. You are a consumer if: • You are an individual. • You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
3.1	Your "order" is your order as submitted via our website or by phone, email or other means you select.
3.2	Your order constitutes an offer by you to purchase the goods in accordance with these terms and conditions.
3.3	You are responsible for ensuring that the details provided in your order are complete and accurate in all respects.
3.4	Your order shall only be deemed to be accepted when either (a) we send you a confirmation email accepting your order or (b) we despatch the goods, or any of them, to the location specified in your order.
4.	Any samples, drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained on our website or in catalogues or brochures are produced for the sole purpose of giving an approximate idea of the goods referred to in them. They shall not form part of the contract nor have any contractual force.
5.	If you are a business customer, your order and these terms and conditions constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in the order or these terms and conditions.

Delivery

6.	We shall arrange for delivery of the goods to the location specified in your order. If any of the goods ordered are out of stock or require embroidery or printing, or if the delivery destination is outside mainland UK, you will be advised separately by email of the intended delivery date. Otherwise it is our aim to dispatch all orders the same day by overnight carrier provided we receive them by 2 p.m.
7.	For delivery anywhere within the UK mainland, orders valued at £100.00 (net) and over are carriage free and otherwise are liable to a small delivery charge of £6.95 plus VAT. Carriage on deliveries outside the UK mainland or on same day deliveries is chargeable at cost or by quotation. Orders to be delivered by a specific time the next day will incur delivery charges as follows: Next day before 9 am: £40.00 Next day before 10 am: £30.00 Next day before 12 noon: £15.00 Saturday delivery: £40.00 Click and Collect is available for orders valued at £150 (net) and over with no applicable delivery charge.
8.	For next day delivery within the UK mainland, please place your order by 2pm.
9.	If we are delivering goods to you outside of the UK:
9.1	Your order may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes; and
9.2	You must comply with all applicable laws and regulations of the country to which the goods are being delivered. We will not be liable or responsible if you break any such laws or regulations.
10.	We will always try to deliver promptly, but delivery dates are estimates only and are not legally binding or of the essence of the contract. The right is reserved to deliver by instalments and any failure to deliver one instalment shall not entitle the purchaser to cancel delivery of the remaining instalments.
11.	We shall not be liable for any delay in delivery of the goods that is caused by an event beyond our reasonable control or a failure by you to provide adequate instructions in relation to your order. If we fail to deliver the goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the goods. If you are a consumer, you may have additional legal rights for late or non-delivery.
12.	We reserve the right to refuse to deliver the goods if we consider, in our entire discretion, that the premises, surrounding area or country to which delivery is due to be made is inaccessible, unsafe or unsuitable.
13.	Delivery of the order shall be completed when we deliver the goods to the address you gave us. When delivery is complete, you will be responsible for the goods and the risk passes to you. If no one is available at this address to take delivery, we will deem delivery of the goods complete and, until delivery takes place, store the goods at your risk and charge you for all related costs and expenses (including insurance). If you fail to accept delivery of the goods within 30 days of the first attempted delivery, we reserve the right to resell or otherwise dispose of all or part of the goods without incurring liability to you.
14.	Where it is desired that our delivery drivers assist in unloading operations (and agree to do so) this will only be undertaken on the understanding that the customer will assume full responsibility for our driver’s health and safety whilst this is being carried out.
15.	If you are a business customer: The quantity of any consignment of goods as recorded by us on despatch to you shall be taken to be the quantity received unless you provide conclusive evidence to the contrary. If you think there are goods missing on delivery, you must notify us in writing within three days of delivery.

Retention of Title

16.1	Although the risk of damage to or loss of the goods will pass to you immediately upon delivery, the ownership of the goods shall not pass to you until we have received payment in full for them (including all applicable delivery charges) and until any other sums which are due from you to us have also been paid in full.
16.2	If you are a business customer: Until title to the goods has passed to you, you must hold them on a fiduciary basis as our bailee, store them separately from all other goods held by you so that they remain readily identifiable as our property, maintain them in satisfactory condition, keep them insured against all risks for their full price from the date of delivery and not remove, deface or obscure any identifying mark or packaging on or relating to the goods. You must notify us immediately if you become subject to any of the events listed in condition 19. You may resell or use the goods in the ordinary course of your business but if before title to them has passed to you, you become subject to any of the events listed in condition 19 or we reasonably believe that any such event is about to happen and notify you accordingly, your right to resell the goods or use them in the course of business will cease immediately and we may at any time require you to deliver up all the goods in your possession and, if you fail to do so promptly, enter any of your premises or the premises of any third party where the goods are stored in order to recover them.
16.3	Unless the contrary is proved it shall be assumed that you have sold or otherwise parted with possession of goods delivered by us in the same order as they were delivered, i.e. first in, first out..

Payment

17.	Payment is due at the point of order and can be made by BACS or by credit or debit card or in cash. Customers with an agreed credit account will have the price of their order debited to their credit account.

Credit Account Customers

18.1	We reserve the right to offer or refuse to offer a credit account to any business customer at our entire discretion. Credit account terms are not available to consumer customers.
18.2	We may, at our option, assess your eligibility for a credit account by contacting credit reference agencies, obtaining references or by any other means we see fit.
18.3	We may, at our discretion, impose a credit limit on any credit account. Such limit may be subject to variance, as we specify from time to time, and you shall not be permitted to exceed this limit. We reserve the right to alter and/or remove any credit limit or credit account without notice to you.
18.4	We may implement any such terms and conditions in connection with the credit account at any time as we see fit.
18.5	If you have a credit account, you must pay the price of any goods purchased (without set-off or deduction) within 30 days of invoice date or as otherwise agreed in writing by us.
18.6	Invoices and statements may be sent either by post or electronically.
18.7	Returned or re-presented cheques will incur a charge of £25.00 per re-presentation.
18.8	We reserve the right to charge interest at the rate of 2% per calendar month (or part of a month) on all overdue sums, and such interest will remain payable after any court judgment. Additionally, you must reimburse us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
19.	If you have a credit account and you (i) fail to make payment when due; or (ii) breach any provision of these terms and conditions; or (iii) become insolvent, have a receiver, administrative receiver, administrator or manager appointed over all or any part of your assets or business, make any composition or arrangement with your creditors or take or suffer any similar action in consequence of debt or if an order or resolution is made or passed for your dissolution or liquidation (other than for the purposes of solvent amalgamation or reconstruction), then we shall have the following options (without incurring any liability and without prejudice to any other rights we have under these terms and conditions): a) To terminate our contract with you and your credit account with immediate effect; b) To cancel any undelivered portion of the goods and to stop any goods in transit; c) To cancel any other order or contract we have in place with you; d) To demand immediate payment of any outstanding amounts which will thereupon become due and payable.

Return of Goods and Cancellation

20.1	If you are a business customer: Items correctly supplied against a binding order may not be returned for credit without our prior written agreement and you must notify us in writing within 14 days of delivery if you wish to return them. We reserve the right to levy a 20% handling charge and we will not re-credit or reimburse any delivery charges. If however you return the goods at your own expense in good resale condition, they will be recredited in full excluding any carriage charge on delivery Goods returned for credit must include the relevant invoice or order number before any credit note can be issued and any wrapping must be intact and unmarked.
20.2	If you are a business customer: Except as otherwise specified in these terms and conditions, we reserve the right to refuse to accept returned goods, and goods correctly supplied cannot be returned if they have been printed, embroidered or otherwise personalised for you or if they are not items we normally hold in stock. Also, goods sold at a reduced price for stock clearance purposes, listed in our online clearance room, are non—returnable. If the goods are defective and in breach of our warranty, Condition 21 will apply.
20.3	If you are a consumer: For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in the rest of this Condition 20. Conditions 20.4 to 20.10 apply to consumers, not business customers.
20.4	Your right as a consumer to change your mind does not apply in respect of: a) Goods which are bespoke to or customised for you, including items which are embroidered to your design or specification; b) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
20.5	As a consumer you have 14 days after the day you (or someone you nominate) receives the goods to change your mind. If the goods are delivered in several deliveries, you have until 14 days after the day you (or someone you nominate) received the last delivery.
20.6	To end the contract with us, please let us know by doing one of the following: a) Call customer services on 0800 328 5028 b) Email us at: customer.care@anchorsafety.co.uk c) Print off and submit this smartform or simply write to us (at Anchor House, Chapel Lane, Great Blakenham, Ipswich IP6 0JZ)
20.7	If you change your mind after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you collected them from us (if using click & collect), post them back to us (at Anchor House, Chapel Lane,Great Blakenham, Ipswich IP6 0JZ), or if they are not suitable for posting allow us to collect them from you. Please call customer services using the details above for a return label or to arrange collection. You must send off the goods within 14 days of telling us you wish to end the contract.
20.8	Unless the goods are faulty, you must pay the cost of return. If we are collecting the goods, we will charge you the direct cost to us of collection.
20.9	We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make the following deductions from the price: a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
20.10	Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. If we have offered to collect the goods, we will refund you within 14 days of you telling us you have changed you mind.

Warranty

21.1	If you are a consumer: We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights. The rest of this Condition 21 shall not apply to you.
21.2	If you are a business customer: We warrant that on delivery the goods shall be free from material defects in design, material and workmanship. The remaining terms of this Condition 21 shall apply.
21.3	If you give notice to us in writing that the goods do not comply with this warranty, we are given reasonable opportunity to examine the goods and you return the goods to us (at our request) we will, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
21.4	We will not be liable for any goods failing to comply with the above warranty if: a) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal conditions; or b) you continue to use the goods after giving notice in accordance with clause 21.2; or c) the defect arises because you failed to follow our or the manufacturers’ instructions in relation to the goods; or d) you alter or repair the goods without our prior written consent; or e) the goods differ from their description because of changes made to ensure they comply with applicable statutory or regulatory standards.
21.5	Regardless of the warranty we provide, it is your responsibility to satisfy yourself as to the fitness of the goods for any particular purpose.
21.6	Except as provided in Condition 21.2, we shall have no liability to you in respect of the goods’ failure to comply with the above warranty.

Liability

22.1	Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentations, or for any other loss or liability that cannot be excluded by law.
22.2	If you are a consumer: If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. We only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose, you will be acting as a business customer and our liability to you will be limited as set out in the rest of this Condition 22.
22.3	The remaining terms of this condition 22 apply if you are a business customer.
22.4	To the fullest extent permitted by law, and other than as expressly set out in these terms and conditions, all express and implied terms (including, but not limited to terms implied or imposed by the Sale of Goods Act 1979) in relation to the goods are excluded from the contract.
22.5	Subject to Condition 22.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any: a) loss of profit, loss of revenue or loss of contracts; b) b) Indirect or consequential loss arising under or in relation to any supply by us of goods even if we were aware that you might incur such loss
22.6	In all other cases, our total liability to you in respect of all other losses arising under or in connection with your order or the goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods.
22.7	It shall be your responsibility to ensure that whoever is responsible for the storage, issue or use of any goods supplied by us has all or any information which may be required for health and safety purposes and after delivery of goods supplied by us we shall accept no liability for any subsequent breach of user instructions accompanying them or of any applicable health and safety legislation.
22.8	We believe all product information given in both our printed and online publications to be accurate at the time of issue but we give no guarantee as to it and full technical specifications are not necessarily included. No liability is accepted for any error or omission in such publications.

Samples and Colours

23.1	If you have purchased samples from us we will, unless otherwise agreed by us in writing, refund the price paid for the samples in full provided they are returned to us carriage paid, unused and within 28 days of delivery.
23.2	Where you place an order in reliance upon a sample provided by us, we shall endeavour to ensure that the goods comply with the quality and dimensions of the sample but no responsibility can be accepted for discrepancies between samples and the goods delivered.
23.3	No warranty or representation is given or made that the colours shown in any printed or online publication exactly match the colours of the actual products. Colours are only as accurate as the printing or electronic process allows.

Revision of Prices and Specifications

24.	We will maintain prices as long as possible but they may be altered without notice. Goods will be invoiced at prices ruling at the date of despatch.
25.	In line with our policy of progressive development of our product ranges, we reserve the right to alter specifications without prior notice.

Bulk purchase pricing

26.	Where reduced prices are available for bulk purchases, the price shown is the unit price, unless otherwise stated.

Intellectual Property

27.

All intellectual property rights in any items created by or provided by us belong to us and will remain vested in us. This includes, without limitation, trademarks, copyright, inventions, designs, catalogues, literature, electronic processes and any other intellectual or industrial property rights of any kind.

Value Added Tax

28.	Prices are subject to VAT at standard rate (except on safety boots and helmets supplied for resale or to individuals for their own use).

Third Party Rights Excluded

29.	The Contracts (Rights of Third Parties) Act 1999 shall not apply.

Data Protection

30.1	We will at all times comply with our obligations under the Data Protection Act 2018 and reference is made to our Privacy Policy as to our use and protection of any information you provide to us.
30.2	Telephone calls may be monitored and recorded for training and quality control purposes and to confirm verbal instructions.
30.3	If the buyer is a sole trader or partnership, you agree that any personal data you provide to us may be passed to our credit insurers, reference agencies and information providers, insurance companies, intermediaries and agents and they may keep a record of it and pass it to their customers. Such personal data will be used for credit risk assessment and insurance and other related purposes and we may also receive personal data from sources other than you.

Force Majeure

31.

We shall not be liable for any failure in the performance of our contractual obligations caused by factors outside our reasonable control. If such factors continue for a continuous period of more than two calendar months either party may by written notice to the other terminate the contract in question.

Assignment

32.1	We may, at any time, assign, mortgage, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations in connection with your order.
32.2	You shall not, without our prior written consent assign, mortgage, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations in connection with your order.

Severability, Jurisdiction, Waiver

33.	If any of the foregoing terms and conditions or any part of them shall be found to be illegal or unenforceable it shall be severed and the remainder of these terms and conditions shall continue in full force and effect.
34.	Any contract of which these terms and conditions form part shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. If you are a consumer: If you live in England, you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
35.	Any delay or forbearance on our part in enforcing any right or remedy available to us shall not constitute waiver of it.

Anchor Safety LLP
Anchor House, Chapel Lane, Great Blakenham, Ipswich, IP6 0JZ
(Registered Number: OC380986)

Freephone: 0800 328 5028
Email: sales@anchorsafety.co.uk
Fax: 01473 834181

Bankers: HSBC Bank Plc Ipswich
Sort Code: 40 61 35
Account No. 03005298
Account Name: Anchor Safety LLP

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