Terms and Conditions
DSK Tec Distribution Wholesale Terms & Conditions
1 OUR CONTRACT WITH YOU
1.1 These are the terms and conditions (the “Terms”) on which we, DSK Tec Distribution Ltd (company number 08228942) whose registered office is at 19N, Solway Trading Estate, Maryport, CA15 8NF, supply any of our products (the “Products”) detailed on our website at www.dsk.com, to you, in your capacity as a retailer, whether you operate your business via a physical retail shop or e-commerce website.
1.2 These Terms will apply to any contract between Us for the sale of Products to you and supersedes any previous terms and conditions. We reserve the right to revise these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.3 We intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between Us. Please ensure that you ask for any variations from these Terms to be confirmed to you in writing to avoid any confusion between us. If you think that there is a mistake or require any changes to be made to these Terms, please contact Us to discuss this as soon as possible.
1.4 Please read these Terms carefully and make sure that you understand them and check that the details on your order for the Products and in these Terms are complete and accurate, before you confirm you place an order for Products with Use by making payment to Us in accordance with these Terms. You are responsible for all information provided to Us in relation to the products ordered and We shall not be responsible for any errors or missing information in the details that We receive from you.
2 ORDERING PRODUCTS
2.1 Your Order for Products is made when you submit to Us by email at firstname.lastname@example.org confirmation in respect of the each Product that you wish to order from Us, including the following details: (1) name of product; (2) product type; (3) number of each product required; (4) the shipping destination.
2.2 We will confirm and accept your Order in writing by replying to your email and sending you an electronic copy invoice (the “Invoice”). The Invoice will confirm the details of your Order, an order number and the amount payable by you in respect of your Order, together with any delivery or other charges applicable to your Order. Please check the details set out in the Invoice as We shall not be responsible for any errors or missing information once the Order is confirmed by you. Please quote the Order number in all subsequent correspondence with Us relating to the Order. The Invoice will also confirm the details for making payment, which must be made by bank transfer.
2.3 Your Order will be accepted and shipped once full payment has been made and received by Us. If no payment is made within 30 days of the Invoice having been sent then the Order will be cancelled and you will need to re-order.
2.4 If We are unable to supply you with any Product(s) ordered We will inform you of this by email as soon as is reasonably practicable upon becoming aware of any such issues, and We will not process the Order until you confirm to Us by email that you wish Us to proceed and agree to the changes required to be made to your Order. If We are able to, We will offer you the nearest alternative or if you would prefer, We will reduce the cost of the order to account for the products that we are unable to supply.
2.5 There is no minimum order quantity (“MOQ”) in respect of trade orders. We reserve the right to introduce an MOQ without notice although We will endeavour to give notice of any proposed changes in this respect.
2.6 The contract between Us will only be formed and these Terms will be deemed accepted by you once cleared payment from you is received by Us in respect of your Order including any delivery or other applicable charges.
2.7 We reserve the right to refuse or decline any Order at Our sole discretion.
3 DELIVERY OF PRODUCTS
3.1 We will deliver the Product(s) ordered by you to the address which you give for delivery when you make your Order. If any of the details you have given to Us in your delivery address are incorrect, We are not liable for any items which have not been or are not received. You will also be liable for any additional postage charges incurred for the correction of the error.
3.2 Once an Order has been shipped, you will receive an email from Us notifying you of the dispatch of the Product(s) (the “Dispatch Notification Email”). All Products are shipped using a fully traceable carrier and you will be provided the relevant shipping and tracking details in Our Dispatch Notification Email to enable you to track the Products being shipped.
3.3 Delivery of an Order shall be completed when We deliver the Product(s) to the address (or at any alternative address) that you gave Us in your Order.
4 RETURN OF PRODUCTS
4.1 Following your receipt of the Products, you will have a period of 48 hours to check for any defects, faults or errors in respect of the Products delivered and to notify Us that you will be returning any Products to Us and the reason for any such returns.
4.2 If you fail to notify Us within the 48 hour period referred to in clause 4.1 that you intend to return any Products to Us, We are under no obligation to accept the return of any such Products from you, but where We do accept their return We do so at Our sole discretion and on such terms as We shall specify to you in writing.
4.3 All Products must be checked by you before re-sale to consumers. We will not accept the return of Products that have been damaged in transit from you to consumers, or that have been damaged by your consumers.
4.4 When returning a Product, please ensure that it is in a securely wrapped parcel with suitable packaging to ensure that the Product does not get damaged in transit whilst being returned. You should include written details with the Product being returned that clearly shows your order number, name and address, and the reason for the return of the Product.
4.5 Should a Product be received which is not suitably packed for transit We reserve the right to refuse a refund on the grounds that insufficient care has been taken to return the Product to us.
4.6 When returning the Product, always ensure that you obtain a receipt or proof of posting from the relevant delivery agent so that if the Product does not arrive with Us, you can prove that it was actually posted back to Us and when.
4.7 Products can be returned to Our warehouse at the following address:
DSK Tec Distribution Ltd., Unit 19N, Solway Trading Estate, Maryport, CA15 8NF
4.8 Once the Product is received by Us, We will confirm this to you via email within 48 hours of Our receipt and the actions that We will take. If you have any queries regarding the Product returned, please do not hesitate to contact Us and We will endeavour to assist you.
4.9 Once you decide to return a Product to Us for whatever reason, the item is your responsibility until it reaches Us and you must not use it and must take reasonable care of it while it remains in your possession. The Product must be returned to Us in a saleable condition as received by you, intact and undamaged.
4.10 For your own protection, We recommend that you send the Product back to Us using a delivery service that insures you for the value of the Product as We cannot be held responsible for any items damaged or lost in the post.
5 EXCHANGE OF PRODUCTS
5.1 An agreement may be made between Us and you to exchange Products unsold from your previous order(s) for credit towards your next order. This agreement is at Our discretion. Any credit given will be full or part of the amount that you paid in your original Order for the Products We have agreed you may return. The amount of credit will be agreed in writing prior to the return and will differ depending on which Products that you wish to return.
5.2 A request to exchange unsold Products must be made after your Order has been received by you and within the allocated exchange period given for the Product in your invoice.
5.3 The exchange period allowed for each Product will be specific to each Product (as shelf life differs between Our Products). The exchange period for each Product will be detailed in the invoice provided to you after you have made your Order and is subject to change between Orders.
5.4 The exchange period starts from the date that the products are shipped to you, and will be clarified in your dispatch notification email. Products that are returned for exchange must be shipped within the return period(s) specified in the invoice provided for the Order, and proof must be provided of shipping date or the return will not be accepted.
5.5 Products returned as exchange for credit must meet conditions detailed in part 4.9 and 4.10
6 PRICE AND PAYMENT
6.1 The price of the Products is subject to change. A price list will be sent on request and the price will be confirmed in the Invoice.
6.2 These prices do not include VAT, which will be added at the current rates to the Invoice before you make payment for the Products.
6.3 The prices for the Products exclude any delivery costs (if applicable), which will be added to the total amount due. Our delivery charges are subject to change and will be confirmed in the Invoice before payment is made.
6.4 Payment for the Products must be made by bank transfer. The bank details for the transfer will be available in the Invoice sent after Our receipt of the Order.
6.5 Any charges or fees payable to any financial institution or bank for processing payment in respect of your Order are your responsibility and must be paid by you. Any refund payable by Us to you will not include an amount in respect of any such charges or fees.
7 INSOLVENCY OR INCAPACITY
7.1 If you become subject to any of the events listed in clause 6.2 , or We reasonably believe that you are about to become subject to any of them and We notify you accordingly, then, without limiting any other right or remedy available to Us, We may cancel or suspend all further deliveries under these Terms or under any other contract between you and Us without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due and payable.
7.2 For the purposes of clause 6.1 , the relevant events are:
7.2.1 you suspend, or threaten to suspend, payment of your debts, or you being unable to pay your debts as they fall due or you admit inability to pay your debts, or (being a company) you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) you have any partner to whom any of the foregoing apply;
7.2.2 you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with any of your creditors;
7.2.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction;
7.2.4 (being an individual) you are the subject of a bankruptcy petition or order;
7.2.5 any of your creditors or encumbrances attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
7.2.6 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
7.2.7 (being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;
7.2.8 a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 6.2.1 to clause 6.2.8 (inclusive);
7.2.9 you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business;
7.2.10 your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under these Terms has been placed in jeopardy; and
7.2.11 (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
7.3 Termination of these Terms and any contract between us , however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of these Terms and any contract between us shall continue in full force and effect.
8OUR LIABILITY TO YOU AS A CONSUMER
8.1 Where any of Our Products are purchased by you with a view to selling them on to any third party, such as other businesses for internal use or consumers for personal use, Our contract is strictly with you and We are in no circumstances liable or responsible to the end customer (whether directly or indirectly) in respect of any of Our Products or otherwise.
8.2 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into this contract.
8.3 These Terms shall apply to any replacement Products supplied by Us. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 To the maximum extent permitted by law, We disclaim any and all express, implied or statutory warranties, guarantees, representations or other terms and conditions relating to these Terms or their subject matter not expressly set out in these Terms, including without limitation the warranties or guarantees of merchantability, acceptable quality, title, non-infringement of third parties rights, and fitness for particular purpose and any other terms implied by sections 13 to 15 of the Sale of Goods Act 1979.
8.5 Subject to any obligations under the non-excludable provisions and to the fullest extent permitted by law, in no event shall We and any of Our parents, subsidiaries, affiliates, related companies, suppliers, advertisers, sponsors, third party service providers, and/or Our employees, officers, directors, and agents be liable for any incidental, consequential, punitive, indirect or special damages (or lost profits and damages) whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not We are advised of the possibility of such damages.
9YOUR OBLIGATION TO US
9.1 We shall notify you of Our wholesale pricing tables from time to time which set out:
9.1.1 The recommended retail price of Our Products (the “RRP”) which is the minimum price for which you are permitted to sell Our Products without Our express prior permission in writing.
9.2 You may sell Products for a price in excess of the RRP, but you are not permitted to sell any Products for less than the RRP without Our express prior written permission because, amongst other things, it may damage the brand of the Products that We sell to you.
10 INFORMATION ABOUT US AND HOW TO CONTACT US
10.1 If you have any questions or if you have any complaints, please contact Us by telephoning Us on 0044-7715300234 or by e-mailing Us at email@example.com .
10.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail at firstname.lastname@example.org. We will confirm receipt of any such notice by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail.
11 HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use the personal information you provide to Us to:
11.1.1 provide the Products;
11.1.2 process your payment for such Products; and
11.1.3 inform you about similar products or services that We provide.
11.2 We will not give your personal data to any other third party.
12 OTHER IMPORTANT TERMS
12.1 This contract is between you and Us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable that provision or part-provision shall, to the extent required, be deemed or deleted, and the remaining paragraphs will remain in full force and effect.
12.3 If any unlawful, invalid or unenforceable provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.4 A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
12.5 Except as set out in these Terms, any variation to these Terms shall only be valid and binding when agreed and confirmed in writing by Us.
12.6 These Terms are governed by English law and any contract for the purchase of Products between Us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) will be governed by English law.
12.7 You and We both agree to submit to the exclusive jurisdiction of the English courts however, We reserve the right to bring proceedings against customers in the countries of their residence.