- Terms And Conditions Of Use

There are our terms and conditions for wholesale / trade customers.

Interpretation

1.1 “We” “us” “our” means any division or part of the World Niche and (where applicable) our officers, employees, servants and agents.
“You” “your” means the person to whom we sell products.
“Order” means any purchase order placed by you with us.
“Contract” means any contract between you and us for the sale and purchase of products.
“Products” means any and all products ordered by you from us (including any installments or parts).
“Delivery Address” means the address for delivery stated on the order.
“Person” means any natural person, firm or company or other legal entity.
1.2 The headings in these terms and conditions are for guidance only and shall not affect their interpretation in any way.
1.3 All products sold by us to you are sold subject to these terms and conditions and the placing of an order by you shall indicate acceptance of these terms and conditions. Terms and conditions on your order form or other similar document shall not be binding on us.

Product Information / Availability etc.
2. We endeavour to ensure that all information (including, but not limited to, prices and availability of products etc) is accurate and up to date. However, to the fullest extent permitted by any applicable Law, we hereby disclaim all warranties (whether express or implied) as to the accuracy of all such information and we shall accept no liability to any person for any loss or damage, which may arise, from the use of, or reliance upon, any such information. All products advertised for sale are subject to availability. We reserve the right to substitute an alternative similar product of similar or greater value.

Orders
3. All natural persons placing orders confirm that they are over 18 years of age.
4. Only upon our written acceptance of your completed order form will a contract for the sale/purchase of those products ordered be made between us and the place of such contract shall be our normal place of business.

Prices
5. Pricing We reserve the right at any time prior to delivery of products to adjust any agreed price to coincide with supplier’s price changes and other factors outside our control which may affect our costs of providing the products.
6. VAT All prices are stated do not currently have VAT applied. This will can change in the future at any time. All products remain our property until such time as they are paid for in full. Where we suggest an RRP it is inclusive of VAT.
7. Discounts The Company offers various discount scales, which are structured to meet individual needs. These might typically be carton or case quantity discounts. We may offer products at special net clearance rates, which will not be subject to any further discounts.

Payment
8. Credit Facilities We do not offer credit facilities. All orders are based on Pro Forma invoice.
9. Pro Forma Invoices Customers without a trading history may be asked to trade on a pro forma basis or reduced credit limit until such time as a satisfactory trading pattern is established.
10. Overdue Accounts We reserve our statutory right to claim interest for late payment.
11. Ownership All goods remain the property of the Company until such time as they are paid for in full. We reserve the right to reclaim any goods not paid for in full.

Delivery
12. Despatch If items are in stock we endeavour to ship all orders received by 14.00 hrs on the same day. Any delivery dates and times are approximate and delays may sometimes occur. Where different products, which are usually subject to different delivery times, are part of the same order then the longest normal delivery period shall apply.
13. Risk in all products shall pass to you upon despatch from our premises. We shall not be liable for any failure to deliver for reasons outside our control (including, but not limited to, acts or omissions of any carrier, whether ours or yours).
14. Freight The customer is responsible for all freight charges, insurance and handling charges. We charge for carriage in line with our published schedule
15. Back Orders The Company, at your request, offers the facility of holding out of stock items on a back order. Goods will be despatched as soon as the item comes into stock. Carriage will be charged on back orders but the small order surcharge is waived.
16. Failed Deliveries Where we have attempted a delivery based on instructions provided by the customer, and that delivery has failed or been rejected, we will make a second attempt to deliver and the cost of redelivery will be invoiced. Where a second delivery attempt fails, we will require payment in full for the order before despatch. Refused deliveries may affect the status of your account.
17. Refused or Returned Orders We will make a 15% charge plus all freight costs on any orders that have to be returned to stock.
18. Discrepancies Where there is any shortfall or discrepancy on a delivery, notification must be made to us within two working days of delivery otherwise no liability shall be accepted. In any event our liability shall be restricted to making good the shortfall.
19. Damaged Deliveries If you receive a delivery that appears to have been tampered with or damaged in any way, you must register your claim at the time of delivery with the carrier. Retain all original packaging for inspection by the carrier.

Faulty Products etc
20. Faulty Goods All goods undergo stringent quality control checks by the manufacturer. If however, any products are found to be faulty on delivery, or do not match any description then you must notify us within two working days of receipt of the products otherwise no liability will be accepted. All Faulty goods are replaced. In any event, on the occurrence of one of the foregoing events, we will (subject to you providing such proof as we may reasonably require including proof of purchase) provide a refund but we will not be liable beyond that for any losses or damage suffered or claimed by any person (whether economic loss or for disappointment or otherwise). Nothing in these terms and conditions shall exclude our liability for death or personal injury as a result of our negligence.
21. Returns Procedure Should you have a requirement to return product to us, it is essential that you telephone our customer services department and request an Authorised Returns Note. We will not accept returns without a properly authorised document. All returns must be in original packaging. Unwanted goods, at our discretion, may be accepted as returns but will be subject to a 15% handling charge.
22. Copyright We reserve all rights to any copyright material supplied by us (including, but not limited to, computer software, CD ROMs and printed matter). No such material may be replicated, copied, reproduced, broadcast or transmitted in any format without our prior written consent.
23. Drop Shipping World Niche offers internet and drop shipping facility of dispatching orders directly to their customers.
24. Affiliate Scheme World Niche offers an affiliate scheme, which is subject to separate terms and conditions. Please ask for details.

Miscellaneous

25. These terms and conditions and any order or contract shall in all respects (including formation and interpretation) be governed by the Laws of England and any dispute arising out of on in connection with the foregoing shall be submitted to the exclusive jurisdiction of the English Courts.
26. If any provision of these terms and conditions is found by any court of competent jurisdiction to be illegal or unenforceable that shall not affect the continuance in force of the remaining terms and conditions.
27. Any order and contract is personal to you and you shall not assign or transfer or purport to assign or transfer any of your rights under the contract or sub-contract any of your obligations. A person who is not a party to these terms and conditions shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term but this shall not affect any right or remedy of a third party, which exists or is available apart from that Act.
28. Any notice required to be given by either us or you to the other shall be in writing and shall be served by sending the same by pre-paid first class post or facsimile transmission or by delivering the same by hand to the registered office for the time being of the relevant party and any notice so served shall be deemed to have been served:
28.1.1 If delivered by hand at the time of such delivery
28.1.2 If sent through the post 48 hours after the time of dispatch and in proving service it shall be sufficient to prove in the case of a letter that such letter was properly delivered or stamped addressed and placed in the post ( as the case may be); and
28.1.3if sent by facsimile transmission at the time if transmission and in proving service it shall be sufficient to prove that such facsimile was duly dispatched to a current telecopy number of the addressee for the said address for service.

Retail customers Terms


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