In these terms and conditions 1.1 “The Vendor” means Donovan Bros. Ltd. and all its divisions and subsidiary companies. 1.2 “The Customer” means any person, firm, company or other legal entity which places an order, or buys any products from the Vendor and includes the employees, agents or sub-contractors of any such person, firm, company or other legal entity. 1.6 “Products” means item agreed in the contract to be supplied by the Vendor to the Customer. 1.7 “Terms and Conditions” means the terms and conditions of sale. 1.8 “Statutory Interest” means statutory interest as defined in Late Payment of Commercial Debts (Interest) Act 1998 1.9 “Cash” means monetary consideration UK bank notes and UK bank coins. “Cheque” means bank cheque, bank draft, direct debit, standing order.
2. Terms & Conditions:
These Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions verbally communicated or implied by custom and practice. The Vendor reserves the right to amend or up date the current Terms and Conditions. Any such changes will take effect when posted on the website.
3. Placing an order:
By placing an order with the Vendor either via the Vendors Telesales department or the Vendor’s website, the Customer is offering to contract with the Vendor on the basis of these Terms and Conditions. The parties are bound by the Contract only when the Vendor accepts to process the order or deliver the Products to the Customer whichever occurs earlier. The Contract is subject to availability of the stock. Products are subject to availability and market conditions. We may limit the quantities of goods supplied to any one customer. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. Abusive behaviour from Customer to the Vendor’s staff will not be tolerated; and the Vendor reserves the right to refuse to sell to such Customer. Calls made to Telesales may be recorded for training purposes. The Vendor reserves the right to refuse the acceptance of an order and/or to terminate any Customers trading account without explanation or notice. The Vendor can refuse entry to anyone at any time at its sole discretion. Buying and/or parking on the Vendors premises are done entirely at the risk of the Customer and any people accompanying them save for liability for personal injury or death arising from the Vendors negligence. Children are admitted to our premises on the understanding they are accompanied by an Adult and kept under strict control. Animals cannot be admitted except for Guide Dogs. SMOKING is not permitted.
4. Minimum Order:
The Vendor’s minimum order value is available on the Vendor’s website and changes from time to time. The Vendor reserves the right not to deliver an order which is valued at less than the latest minimum order value.
5.1 Deliveries of Products to the Customer shall be in accordance with Vendor’s delivery schedule. 5.2 The Vendor will not always guarantee delivery in accordance to the Customers requested timing schedule. 5.3 The Vendor shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Products by a particular date or arising as a result of any causes beyond the Vendor’s control. 5.4 The delivery of Products shall be made by the Vendor to such reasonably accessible premises as the Customer shall reasonably require. The Customer shall allow the Vendor reasonable access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place to take and sign off the delivery of the Products. Deliveries will be made to the address specified by the Customer when the account was opened with us. We reserve the right to restrict or eliminate certain areas from our delivery schedule altogether. 5.5 If the Customer fails to take delivery or fails to give the Vendor adequate delivery instructions at the time stated for delivery then without prejudice to other right or remedy available to the Vendor, the Vendor may do one or more of the following: 5.5.1 Charge the Customer the cost of carriage of the refused delivery both to and from the premises of the Customer in addition to the Vendor’s administration and re-stocking charges of £20.00 or 10% of the delivery value, whichever is the greater. 5.5.2 Charge the Customer for re-scheduling a delivery. 5.6 Shortages should be recorded at the time of delivery in the presence of the Vendor’s driver; the Customer will sign off the delivery note/hand held device highlighting the shortages and counter signed by the Vendor’s Driver. 5.7 The Vendor will not tolerate any abusive behaviour by the Customer towards any of its Staff; the Vendor reserves the right to refuse to deliver to such a Customer.
6. Risk and Ownership:
All risks in the Products pass to the Customer on delivery. Ownership of the Products delivered to Customer shall remain with the Vendor until the Products are fully paid for.
Contract Price is the invoice price, any offers are subject to availability, and the prices quoted or shown on the Vendor’s literature are exclusive of VAT @ standard rate where applicable. The Vendor reserves the right to vary or alter product specification & price without prior notice. From time to time various Customer groups may be excluded from promotions, e.g. Wholesalers or Merchants etc.
8. Account Terms:
Initially all new accounts will be set as COD “Cash / Debit / Credit Card on Delivery” for a minimum period of six months; the Vendor thereafter may apply for a Credit Account, pending a decision and subject to references and cross references with Credit Agencies, the Customer will continue with the current terms. All credit account invoices of one calendar month are due for payment on the 15th day of the following month. (E.g. all January invoices are due on the 15th of February). In assessing your request for delivery from the Vendor, we may make enquiries about you, including searching your records held by organisations such as Experian, Dun & Bradstreet, or credit reference agencies.
9.1 The Customer must settle all accounts in accordance with all agreed terms, in the event of Customer account being in arrears, we reserve the right to withhold further supplies. The Vendor reserves the right to charge Statutory Interest on overdue balances for the period from the date on which the payment was due. 9.2 The Customer may choose to settle their account with debit or credit card. The debit and credit cards accepted by the Vendor are those listed in the Vendors promotional materials. Authority for payment will be requested from your card issuer at the time of your order and your card will be charged at the point of invoicing. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. 9.3 In the event of any cheques, standing orders or direct debits due from a Customer to the Vendor being dishonoured, a charge of £35 (or such other sum as the Vendor may from time to time advise the Customer) will be made on the Customer’s account to cover the bank and administrative costs. For dishonoured cheques, customer’s terms will change to ‘Cash on delivery” and the account will be placed on hold until cleared funds are received in full to settle the outstanding balance of the account. 9.4 For Credit Account Customers any non or late payment, will be considered as a breach of the agreed terms, will render Credit Terms null and void, and the Customer’s account will be put on hold, the Vendor has the right to start legal proceedings to recover any outstanding amount without any prior notice and the right to exchange information with Credit Agencies.
The Vendor will only credit the customer if the wrong product was delivered and returned on the same day with the same delivery driver in original condition. In the case of a collection from the Vendors warehouse, damages or other mistakes must be notified by the Customer prior to leaving the premises where reasonably practicable.
11 Online Security:
At the time of your registration you set a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you. 11.1 Please note your details will not be passed on to any other company, organisation or individual for the purposes of unsolicited marketing or advertising.