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Terms & Conditions

  1. GENERAL
    “The Seller” means Xcel Concepts LLP T/A Promoactive whose registered office is 13th Floor South, York House, Empire Way, Wembley, Middlesex, HA9 0PA. “The Buyer” means the person or body who accepts a quotation for the sale of and/or supply of goods and/or services, or whose order is accepted by the seller. “Goods” means the goods (including any installment of the goods or any part of them) which the seller is to supply in accordance with these conditions. “Conditions” means the Standard Terms and Conditions of Sale set out in this document and unless the context otherwise requires, includes any special terms and conditions agreed in writing between the buyer and the seller. “Contract” means the Contract for the purchase and sale of the goods and any samples supplied.

    “Originals” means any original designs, screens or positives produced by the seller. “Writing” includes telex, cable, facsimile transmission and comparable means of communications. The headings in these conditions are for convenience only and shall not affect their interpretation.
  2. BASIS OF SUPPLY
    Neither the buyer nor the seller shall be bound by any variation, waiver of, or addition to these conditions except as agreed by both parties in writing and signed on their behalf. Any quotation or other communication sent by the seller to the Buyer shall be deemed to be an invitation to treat only. The Buyer’s purchase orders shall constitute offers to buy only and the contract between the seller and the Buyer shall come into effect upon the seller’s acceptance. These terms and conditions apply in preference to and supersede any verbal, written or any communication of any kind from the buyer and any terms and conditions referred to, offered or relied on by the buyer whether in negotiation or at any stage in the dealings between the seller and buyer with reference to the goods to which this contract relates. Without prejudice to the generality of the foregoing, the seller will not be bound by any standard or printed terms furnished by the buyer in any of its documents. Acceptance of the goods by the Buyer shall constitute acceptance of these Terms and Conditions. No employee, servant or agent of the seller has authority to vary these Terms and Conditions orally and no variation of the Terms and Conditions shall be effective or binding on the seller unless made in writing or signed on behalf of seller by a Director or any other authorised signatory of the company. The seller shall not be liable for any oral and/or recommendation given by the seller to the Buyer concerning the supply of goods. The Buyer is responsible for ensuring the accuracy of the Buyer’s order. The Buyer warrants that the Goods do not infringe any intellectual property rights of a third party and that it will notify the seller in writing of any claim in this respect by a third party immediately it becomes aware thereof. The Buyer will indemnify the seller against any liability for infringement of the intellectual property rights of any third party which may result from the supply. The seller may alter any specification provided by the Buyer to conform to any statutory requirements provided this does not materially affect the quality or performance of the goods. Seller reserves the right to change the design and specification of goods ordered by the Buyer without notice and to substitute comparable goods. Cancellation by the Buyer will only be accepted on terms that the Buyer indemnity the seller against any losses incurred by the seller as a direct result of cancellation. The seller reserves the right to submit proofs to the Buyer for approval. Once approved any alterations will be at the Buyer’s cost. Any Originals will remain the seller’s property. The cost of such Originals will be charged extra. Such Originals will be retained by the seller for six (6) calendar months after delivery of the Buyer’s order. If the Buyer places a further order after the expiry of six months, the seller reserves the right to make an additional charge for the supply of Originals. Where the Buyer is to supply materials, goods, equipment to the seller such property will be held by the seller at the Buyer’s sole risk and any insurance policy and/or requirement in respect of the same remains the sole responsibility of the Buyer. Further, the seller will not be liable to the Buyer for any imperfections in the finished product arising out of imperfections in the artwork/reference materials supplied. The seller shall be entitled to publish or display the Buyer’s design or logos on the seller’s literature.
  3. DESCRIPTION
    The description of the goods has been given by way of identification only and the use of such description shall not constitute a sale by description.
  4. SAMPLE
    Notwithstanding that a sample of the goods has been exhibited to and inspected by the buyer, it is hereby declared that such sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample.
  5. PRICE
    (a) All quotations and estimates issued by the seller are, unless otherwise stated, based on current cost of production (material, hours & wages) and are subject to amendment on or after acceptance to meet any rise or fall in such costs. (b) Any variation to prices quoted as a result of government taxes and levies will be for the buyer’s account. Unless otherwise agreed, prices quoted are exclusive of the cost of delivery to any destination in the United Kingdom and are exclusive of Value Added Tax at the current rate or any other similar sales or purchase tax or customs duty payable which shall be charged in addition at the rate in force at the date of the seller invoice to the Buyer. Alterations at the Buyer’s request made after the seller has accepted the Buyer’s order will be charged extra. If the seller produces samples or proofs for the Buyer, the Buyer will pay extra for them. In the event of any increase in the cost of custom duties or import licenses between the date of the quotation by the seller and the date of delivery, the price of the Goods shall be increased by the amount of such increase in customs duty or import licence. In the event of any increase between the official rate of exchange (of the currency shown in the quotation of the seller and the currency in which payment is to be made) as stated in the original quotation of the seller and the rate of exchange at the date monies are transferred by the Buyer for such payment, then the price of the Goods shall be increased by the same percentage as the official rate of exchange shall have increased.
  6. PAYMENT
    Payment for goods supplied under the contract are to be made strictly no later than 30 days from the date of invoice, except by prior arrangement as agreed by both parties in writing and signed on their behalf. Any payment terms must be agreed in writing prior to despatch. If payment of the price or any part thereof is not made by the due date, the seller shall be entitled: (a) To require payment in advance of delivery of undelivered goods. (b) To refuse to make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability whatever to the buyer for non-delivery or delay in delivery. (c) To terminate the contract. Seller reserves the right to charge interest of 2.5% monthly on accounts that are not settled within our terms of trading. Unless otherwise agreed, all accounts are net. In the event of the seller receiving a series of post-dated cheques, promissory notes or other bills of exchange from the Buyer in respect of any indebtedness of the Buyer, then the acceptance by the seller of such post-dated cheques, promissory notes or bills of exchange shall be without prejudice to the seller’s rights under these conditions. No amount may be deducted by the Buyer from any invoice or Statement without the seller’s prior written authorisation. The seller shall be entitled at any time to restrict, limit or cancel any credit arrangements or facilities granted to the Buyer and shall further be entitled in its discretion, to require the Buyer to furnish security for payment of any or all amounts due in the terms of this or any related matters. The seller shall have the right forthwith to terminate any contract and/or repossess its goods and/or claim from the Buyer immediate payment of any monies owing by the Buyer under any contract, not withstanding any earlier agreement for credit and whether the same is due for payment or not if the buyer fails to pay any amounts due to the seller on the due date thereof, or is placed under a provisional or final order or sequestration, liquidation, or judicial agreement or commits any act of insolvency or enters into any compromise with his/its creditors or fails to satisfy any judgement granted against him/it within seven (7) days after the date of Judgement, or passes any goods received from the seller onto any third party for resale without prior written consent of the seller, or changes the structure of ownership, or deviates from its former method of trading.
  7. DELIVERY & RISK
    Any times quoted for delivery are estimates only and Seller shall not be liable for failure to deliver within the time quoted. Whilst every effort is made to deliver/despatch the goods timeously as indicated on the order form and/or other stationery, the seller does not guarantee delivery/despatch on any specific date and the Buyer shall not be entitled to cancel any orders/s by reason of delay. The seller shall not be liable for any damages for failure to effect delivery/despatch timeously for any reason whatsoever. Without prejudice to the rights conferred in these conditions upon the seller, the seller reserves the right to withdraw from any order and or contract at any time prior to delivery of the goods ordered. All costs of delivery shall be borne by the Buyer, in the event of the seller in its unfettered discretion distributing on the Buyer’s behalf any costs of delivery, the seller shall be entitled to immediate repayment by the Buyer of any amount so disbursed on demand. The seller shall have the right, but shall not be obliged, to insure the goods in transit and wherever so insured to recover the costs of such insurance from the Buyer on demand. The seller may deliver up to 10% more or less than the ordered quantity without adjusting the price and when the quantity so delivered shall be deemed to be the quantity ordered. Delivery of the goods to the stipulated place of delivery or to a carrier nominated by Buyer, whichever is sooner, shall constitute delivery to Buyer. All risks in the goods shall pass to Buyer on such delivery. Discrepancies and damage apparent at the time of delivery must be noted on carriers receipt note and notified to the Seller in writing within seven days of receipt. The Company reserves the right to make scheduled deliveries each of a part only of the overall amount and value of goods ordered by the buyer. Where any such scheduled delivery is made the goods comprised within each delivery shall be deemed to have been sold and delivered under a separate contract for the sale of the goods the subject of such delivery and will be invoiced separately. The Buyer will pay for the goods delivered in each scheduled delivery without set off, counter claim or deduction in respect of any previous or future scheduled delivery or other goods ordered from the Company. Goods returned must be accompanied by a Debit Note. Carriage will not be refunded without prior agreement.
  8. TRANSFER OF PROPERTY
    Property in the goods shall remain with the Seller until Seller has received payment in full of the price and any additional sums due under contract. Buyer shall store the goods in such a way that they can be identified as Seller’s property. If Buyer shall sell or otherwise dispose of or shall make any insurance claim in respect of the goods prior to making payment in full for them, he shall do so as principal and not as agent for Seller and shall not give any warranties or incur any liability of behalf of Seller. The proceeds of any such sale or other disposition (or claim thereto) as well as the proceeds of any insurance claim made by the Buyer in respect of the goods shall belong to Seller to the extent of all sums due to Seller in respect of the goods. Failure by Buyer to make all payments when due shall give Seller the right without prejudice to any other remedy of Seller, to repossess the goods without prior notice and to enter any premises for the purpose of such a repossession. Nothing in this condition shall give Buyer any right to return goods sold hereunder. Seller may sue Buyer for the price when due notwithstanding that property in the goods may not have passed to Buyer.
  9. TIME
    The seller undertakes to use its best endeavours to despatch the goods on the promised delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract unless expressly so stipulated in writing.
  10. FORCE MAJEURE
    If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or brought-in goods or components or any other cause beyond the reasonable control of the seller a reasonable extension of time for delivery shall be granted and the buyer shall pay such reasonable charges as shall have been occasioned by the delay.
  11. BUYER’S BREACH & FINANCIAL SITUATION
    If Buyer shall be in breach of any of its obligations hereunder or under any other contract with Seller or if at any time Buyer’s financial condition does not in Seller’s unfettered judgement justify continuance of this contract on the terms of payment agreed, Seller may, without prejudice to any other rights and without any liability whatsoever to Buyer, cancel any outstanding part of the contract or suspend any deliveries until such time as Buyer shall provide security satisfactory to Seller for the performance of all obligations of Buyer to Seller.
  12. EXCLUSION
    The seller shall not be liable for any defect in the Goods arising from any drawing design or specification supplied by the Buyer. The seller shall not be liable for any defect or damage caused by the Buyer and/or Agent. Save as provided in these conditions and except where the supply consists of goods sold under a Consumer sale (as defined by the Sale of Goods Act 1979) or services supplied under a Consumer supply (as defined by the Supply of Goods and Services Act 1982) all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by Law. Where the supply constitutes a Consumer sale or Consumer supply the Buyer’s statutory rights are not affected by these conditions. If the Buyer notifies the seller of a valid defect the seller’s liability shall be limited (at the seller’s sole discretion) to the replacement of the Goods or the refund of the price. Save as expressly provided in these conditions, or in respect of death or personal injury caused by the seller’s negligence, the seller shall not be liable to the Buyer for the consequential loss or damage arising out of the Goods or the use or resale by the Buyer of the Goods. The seller shall not be liable to the Buyer for any delay or failure in performance of the seller’s obligations which occurs for reasons outside the seller’s reasonable control.
  13. USE OF INFORMATION
    Customer information will be stored by the company and credit information may be shared for monitoring and administration purposes with our representative body The GA and with other members of The GA
  14. LEGAL CHARGES AND LAW
    In the event of the seller instructing its Solicitors to recover money or goods from the Buyer, the Buyer shall be liable for and shall pay all legal costs incurred by the seller on the solicitor and own client scale including collecting commission. At the option of the seller any claim against the Buyer whether for return of goods, damages, purchase prices, balance owing or any other claim arising shall be governed and construed in accordance with the Law of England and any disputes will be subject to the jurisdiction of the English Courts. The Buyer submits to the Jurisdiction of the English Courts in any actions or application arising out of any contract entered into between the seller and the Buyer.
  15. GENERAL
    Neither of the parties shall be liable to the other in respect of any claim arising under the contract where the same arises by reason of any act nor cause beyond the reasonable control of such party. The seller shall not be prejudiced or restricted in any way by any indulgence or forbearance extended to the Buyer and no waiver of the seller in respect of any breach by the Buyer shall operate as a waiver in respect of any breach and/or subsequent breach. If any provision of these conditions is held to be wholly or partly invalid or unenforceable the validity of the other provisions of these conditions shall not thereby be affected. Any dispute arising under or in connection with these conditions, other than the method or time for payment, shall be referred to arbitration by a single arbitrator appointed in default of agreement by the President for the time being of the Chartered Institute of Arbitrators. Any notice under these conditions shall be written and served at the Registered Office or principal place of business of the party being served. Any contract between the seller and the Buyer is personal to the Buyer and shall not be capable of assignment by the Buyer to any third party without the prior written consent of the seller. These Terms and Conditions shall constitute the entire agreement between the seller and the Buyer. All previous Terms and Conditions of the seller are hereby Superseded and excluded from any Contract unless expressly in writing by the seller.
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