TERMS AND CONDITIONS
1) THE CONTRACT
1.1 For the purposes of this contract hereafter Etnika Ltd shall be described as the " Supplier " and the entity placing an order shall be described as the " Customer ".
1.2 There can be no varience to these Terms and Conditions of Business ( the Contract ) whatsoever unless varied by written documentation and signed by an authorised signatory of the Supplier.
1.3 The placing of an order by a Customer shall be deemed acceptance of these Terms in their entirety. Any subsequent verbal orders will be bound by these Terms.
2) DELIVERY
2.1 All dates given by the Supplier for delivery are estimated dates only and therefore the Supplier shall incur no liability for any loss or damage whatsoever as a result of a failure to adhere to any such dates.
2.2 The Supplier shall be entitled to make partial deliveries, invoice for goods delivered and expect payment in accordance with their terms of payment
2.3 The Supplier reserves the right to charge the Customer for the carriage / delivery - for current carriage / delivery charges PLEASE SEE " DELIVERY CHARGES " IN THE INFORMATION SECTION OF THE WEBSITE.
2.4 All goods supplied for destinations outside the United Kingdom are sold ex-works and acceptance by a carrier on behalf of ths Customer shall constitute delivery of the goods and insurance and risk liability shall pass to the Customer at this point
2.5 It is the Customers responsibility to inform the Supplier of any short delivered or damaged goods. Notification of such items must be given in writing to the Supplier within 7 working days from the date of delivery.
2.6 Items accepted by the Supplier as damaged/short delivered must be returned within 14 days from the date of notification. The Supplier will only accept items for refund/credit if they are returned with a written explanation of the reason for the return . The Supplier cannot be held responsible for any reason whatsoever for the non-receipt of any such returns.
3. PRICES
3.1 All prices quoted are exclusive of VAT and are subject to the prevailing rate of VAT at the date of invoice
3.2 All prices quoted apply to a specific order only and can be subject to change for further orders.
4. TERMS OF PAYMENT
4.1 The supplier shall at its discretion render invoices as at the date of dispatch or the date when an order is completed, and such goods that are available for collection/dispatch
4.2 The supplier expects payment within 30 days of the invoice date. These payment terms apply at all times unless varied by the Supplier. Terms of Payment shall apply to all goods delivered of where delivery has been attempted but not effected.
4.3 All remittances received will be allocated to invoices and credited to the Customer'saccount in chronological order.
4.4 all amounts overdue for payment due to the Supplier shall , at the Supplier's discretion bear interest at the rate of 2% per month, compounded, for the period from the date of invoice to the date of settlement. ( Such penalty shall apply regardless as to whether Judgement in a Court of Law has been obtained ). Should an account be unpaid after 45 days the Supplier reserves the right to place such accounts into the hands of their recovery agents or solicitors for collection purposes. In addition any costs of such procedures shall be bourne by the Customer.
4.5 In the event of the Supplier having any indication of the Customer being unable to settle its acounts as and when they fall due, notwithstanding any other remedies, all amounts due to the Supplier shall become payable in full immediatly. In addition the Supplier reserves the right to uplift goods supplied to mitigate amounts due to it and shall assess such goods and credit such values, as it deems reasonable.
4.6 All invoices issued on a Pro-Forma basis are due for immediate payment
4.7 In the event of a payment being returned by the bank the Supplier reserves the right to levy an administration cost to cover its extra banking charges.
5. TITLE AND RISK
5.1 Risk and therefore responsibility for insurance of all items supplied shall pass to the Customer upon delivery within the United Kingdom.
5.2 Title of items supplied by the Supplier does not pass until all outstanding amounts due to the Supplier, for any reasons whatsoever, have been settled in full , including any penalties for late payment accruing under these Terms or as varied by Government Legislation.
5.3 No goods are supplied on a " sale or return " basis unless agreed in writing by the Supplier.
6. WARRANTY
6.1 The supplier warrants that all goods supplied are to the best of their knowledge of merchantable quality, fit for the purpose upon which they are supplied and are free of any defects due to materials, design or workmanship.
6.2 Should the Supplier accept the validity of any claim, total liability shall be limited to the replacement of such items or their monetary value, The method of settlement of any claim is at the discretion of ths Supplier. No third party claims will be entertained whatsoever.
6.3 The Supplier reserves the right to make alterations in design, colour, finish, or content of the goods sold from the photographs displayed on the website. ASll goods are supplied subject to availability.
6.4 The Supplier will use his best endeavours to produce final products to the same specification as shown on the website, however no guarantee is expressed or implied
6.5 The Supplier at all times reserves the right, not withstanding any other remedies available to it, to refuse to supply and/or suspend further deliveries and/or stop goods in transit or fulfil any other obligations of this contract without having to give a reason, whether or not the Customer fails to fulfil any of its obligations under this contract.
7. LIABILITY
7.1 In the event of insolvency, liquidation, receivership or bankruptcy not withstanding any other remedies available to the Supplier clause 5.2 of this contract applies.
7.2 The Supplier has no liability to the client for consequential loss whatsoever such reasons shall include ( but not inclusively ) short, late or incomplete deliveries or damaged goods.
7.3 The Supplier shall not be held responsible to the Customer and therefore has no liability to the Customer whatsovever for any non-performance in whole or in part of its obligations as conferred under the Terms of this Contract for any reason orcause beyond its control. Such reasons shall include ( but not inclusively ) strikes, lockouts, disruption of power, transport, materials or fuel supplies, acts of war and civil disturbance.
8. CANCELLATION
8.1 Should the Customer decide at any time after placing an order, to cancel or change their instructions without the agreement of the Supplier, the Supplier shall, at his discretion, be entitled to invoice for 50% of the order, such entitlement shall be in addition to the other rights conferred upon the Supplier as contained in these Terms
9. COPYRIGHT
9.1 Where the Supplier has supplied goods designed exclusively and/or produced by and/or for them, then all Copyright and Intellectual Property Rights belongto the Supplier unless agreed in writing by a director of the Supplier
10. DATA PROTECTION
10.1 The Customer, by applying to operate and/or operating a credit account with the Supplier, gives permission to the Supplier, where it feels appropriate , the right to undertake credit-vetting procedures using third party information. All information received by such sources shall be held in confidence by the Company and not passed to any other third party.
11. LAW
11.1 This agreement is governed by the Laws of England and Wales.