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In these Conditions, unless the context requires otherwise:
1.1 ‘Benelux’ means the Netherlands, Belgium and Luxembourg
1.2 ‘Back Orders’ means the balance of the Goods comprised in an order where only some of the Goods in that order have been shipped;
1.3 ‘Conditions’ means the following terms and conditions of sale and any special terms and conditions agreed in writing by Luckies;
1.4 ‘Goods’ means the articles which You agree to buy from Luckies;
1.5 ‘Luckies’ means Luckies of London Limited;
1.6 ‘Past Due Account’ means a trade credit account where money due under an invoice remains unpaid after the date by which payment was due;
1.7 ‘Pro Forma Invoice’ means the confirmation of an order sent to you pursuant to condition 3.1 of these terms and conditions which will list the Goods ordered, the price for those Goods and any other specific matters that have been agreed in connection with the order;
1.8 ‘Top-up’ means an order for Goods which is added to a Back Order by agreement between Luckies and You;
1.10 ‘UK Mainland’ means mainland England, Wales, Scotland and Northern Ireland;
1.9 ‘You’ means the person firm or company who, as a trade customer, buys or agrees to buy the Goods from Luckies
2 CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all sales of Goods by the Luckies to You to the exclusion of all other terms and conditions, including any terms or conditions which You may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by You to purchase Goods pursuant to these Conditions and your placing of an order shall be deemed conclusive evidence of your acceptance of these Conditions.
2.3 Any variation to these Conditions (including any special terms or conditions agreed between the parties) shall be inapplicable unless agreed in writing by Luckies.
3 ACCEPTANCE AS A CREDIT ACCOUNT CUSTOMER
3.1 No sales will be agreed with You until You have been accepted as a credit account customer by Luckies and any business credit terms have been agreed by Luckies in its absolute discretion. You will be asked for certain information and documentation as proof of Your identity and registration as a company. We may carry out background searches including searches with credit reference agencies to verify your creditworthiness and we reserve the right to request trade references.
3.2 Luckies may, in its absolute discretion and without having to give You any explanation, to vary, suspend or withdraw such trade credit terms.
4 THE ORDERING PROCESS
4.1 When you place your order by hitting the ‘place order’ icon that will constitute your confirmation that any resulting agreement to purchase Goods from Luckies will be subject to these terms and conditions and your order will be electronically sent to the Luckies sales team and your order will be acknowledged by e-mail. As soon as possible thereafter a member of our sales team will telephone you to discuss specific details with you and to agree the order with you.
4.2 If You are a credit account customer, immediately thereafter an e-mail will be sent to you to confirm the order whereupon a legally binding contract for the sale and purchase of the Goods will exist between You and Luckies. That e-mail will be accompanied by a Pro Forma Invoice.
4.3 If You are not a credit account customer you will be given the opportunity to pay for the Goods in advance by credit card, debit card, BACS, FPC, CHAPS or Paypal. No Goods will be shipped until we have received payment in full as cleared funds in our bank account.
4.4 Minimum trade order value (UK mainland) currently £250 excluding VAT but subject to change.
Non-UK mainland: varies by territory, please ask.
All prices are subject to change without notice (but Goods will be shipped at prices in effect at time of ordering).
5 RISK, PACKAGING AND DELIVERY
5.1 The risk in the Goods shall pass to you immediately upon delivery.
5.2 Luckies shall deliver the Goods by courier to your specified address for delivery. Luckies will ensure that the Goods are adequately packaged for delivery by courier to such specified address (but such obligation shall not extend to any onward shipment that is not arranged by Luckies as a term or condition of the sale and purchase of such Goods) and Luckies will accept no responsibility for Goods lost or damaged in transit through no fault of Luckies.
5.3 The cost of delivery is included in the price for the Goods where delivery is to an address within the UK Mainland, France or Benelux but for deliveries elsewhere the cost of delivery shall be in addition to the Price.
5.4 Where delivery is to an address other than in the UK Mainland, France or Benelux the cost of delivery will be advised to You prior to shipping and shall be payable at the same time and in the same manner as the Price.
5.5 In the event that the final destination for the Goods is outside the UK Mainland, France or Benelux but you choose to use your own courier or shipping agent located in the UK Mainland, France or Benelux, the cost of delivery to such courier or shipping agent will be free of charge. In such circumstances delivery of the Goods to your courier shipping agent shall be deemed for the purposes of these terms and conditions as delivery to You.
5.6 For the avoidance of doubt, both the Delivery Date and any other date given under or pursuant to these terms and conditions is no more than an estimate, and Luckies’ conformity with such date is not, and shall not in any event or circumstance be or become, of the essence of these terms and conditions or any agreement for the sale and purchase of Goods subject to these terms and conditions.
6 SELLING VIA AMAZON AND / OR EBAY
6.1 Luckies reserves the right not to supply any trade customer we believe intends to sell or we find to have sold Luckies’ products through Amazon and/or Ebay or similar other platforms.
6.2 Goods supplied by Luckies may only be sold on Amazon and/or Ebay or similar other platforms via ‘one day sales’ or ‘flash sales’ with our prior written permission.
7 CANCELLATIONS & BACK-ORDERS
7.1 Orders for immediate shipment may not be cancelled.
7.2 Orders for later shipment must be cancelled in writing at least 14 days before requested shipment date.
7.3 Luckies import most of its products from abroad and therefore You should expect Back Orders as it is unlikely all of our products will be in stock all of the time.
7.4 If you don’t accept Back Orders this should be stated explicitly on your order and by doing so you acknowledge that this may cause some delay to the shipping of an order while we wait for all of the Goods on that order to become available for shipping.
7.5 Back Orders are shipped to UK mainland destinations free of charge. Please use this to your advantage by adding Top-Ups.
7.6 If Goods are required by a certain date this must be noted on your order.
8 PRICE AND PAYMENT
8.1 All prices shown on our website are exclusive of VAT and any other applicable taxes or levies which shall be charged at the standard rate in force at the date of the invoice save, in the case of VAT where Goods are shipped to you direct from our UK premises, and You are located outside the UK but in another country within the EU and are registered in that other country for VAT and provide us with evidence of your registration number or if you are located in another country outside the EU, AND, in either case, the Goods are shipped to you in that country, the supply of the Goods will be zero rated PROVIDED THAT these provisions are subject to change at any time as a consequence of changes in the law
8.2 The invoice for the Goods will be invoiced on the day of shipment of any part of the order and payment for the order is due in full within 30 days of the date of the invoice (or such shorter period as is agreed between us at the date of the order).
8.3 When any sum payable under an invoice becomes 10 days overdue Luckies will charge You an account administration fee of £50 (exclusive of VAT and any other applicable taxes or levies) and further account administration fee of £50 (exclusive of VAT and any other applicable taxes or levies) will be payable for each week that any sum due under such invoice, or any account administration fees that have been invoiced pursuant to this clause, continues to be unpaid. All invoices for account administration fees levied pursuant to this clause will be payable by return.
8.4 Whenever your trade credit account becomes a Past Due Account any orders placed will not be shipped until your account is brought back within the payment terms, no returns will be authorized pursuant to condition 8 of these terms and conditions.
8.5 If you choose to pay by credit or debit card, we will take payment on the day of shipment for the exact stock being sent. If you choose to pay in advance by another method, we cannot guarantee that we’ll be able to ship every item on your order. Unshipped items will go onto automatic pre-paid backorder.
8.6 Orders from credit account customers for non-standard goods will be accepted only with a minimum of 50% deposit payable immediately upon the order being accepted by Luckies and payment of the full balance of the invoice amount upon delivery.
8.7 Where sums are payable to Luckies under more than one invoice, Luckies may apply any payments received from you to such invoices and in such amounts as Luckies may, in its absolute discretion, decide.
9.1 All sales are final as Luckies does not operate on a sale or return basis.
9.2 If you wish to return undamaged non-defective Goods, you must inform Luckies verbally within 48 hours of delivery and confirm that request in writing within 7 days of delivery. Luckies may in its absolute discretion elect to authorize the return of such Goods, such authorization to be in writing, which will be subject to a restocking fee payable by you of 25% of the price of the Goods. Undamaged and non-defective Goods that are returned without the written authorization of Luckies delivery of them will not be accepted.
9.3 Any claim for Goods found to be damaged or defective on delivery can only be entertained if the goods are returned to Luckies in their original packaging or similar suitable packaging to ensure sufficient protection in transit or if the goods are made available for collection from the location to which they were originally delivered by Luckies or its authorised agents.
10 WARRANTIES AND LIABILITIES
10.1 Subject to payment in full for the Goods, Luckies warrants that the Goods will correspond with their description at the time of delivery and will be free from defects in material and workmanship. Luckies will (at its own choice) either replace, repair, or give credit for Goods found to be faulty within Luckies warranty period relevant to goods of that type. Unless otherwise stated the warranty period for all goods supplied by Luckies will be 6 months from the date of delivery.
10.2 Luckies cannot be held responsible for defects arising from misuse or mishandling of goods. Any fault or damage to the goods supplied should be reported to Luckies immediately, failure to do so may affect the warranty.
10.3 You will indemnify and hold harmless Luckies, and its respective officers, employees, consultants, agents and representatives (the ‘Indemnitees’) against all third party Claims which may be asserted against or suffered by any of the Indemnitees and which relate to:
(a) any damage or changes to of any of the Goods that have occurred after the date of delivery of the Goods, or
(b) the manufacture, distribution, sale, supply or use of any products or services which incorporate any of the Goods,
by or on your behalf or your licensee or subsequently by any third party, including without limitation claims based on product liability laws.
10.4 For the purpose of clause 9.3, ‘Claims’ shall mean all demands, claims and liability (whether criminal or civil, in contract, tort or otherwise) for losses, damages, legal costs and other expenses of any nature whatsoever and all costs and expenses (including without limitation legal costs) incurred in connection therewith.
11.1 The property in the Goods shall not pass to You until Luckies has received the full amount of the price for the Goods and any other sums that are owed to Luckies by You.
11.2 If You, being a company, shall go into liquidation whether compulsory or voluntary; be the subject of winding up proceedings, or shall have an administrator appointed, or shall have a receiver, administrative receiver or manager appointed over any part of your assets or undertaking or, if You, being an individual or more than one individual any one of them shall: become bankrupt; be the subject of bankruptcy proceedings or enter into composition with his or their creditors or shall have a receiving order made against him or them or, in the case of a person, firm or company: suffer any distress or execution to be levied on you or their goods; become insolvent or be served with a statutory demand, and any sums are due from you to Luckies are outstanding, whether such sums be the price of Goods or have been otherwise incurred, your right to possession of the Goods shall cease immediately and all Goods supplied by Luckies shall be withdrawn from sale immediately and clearly labelled as being the property of Luckies and stored together but separately from other goods in order that they may be quickly and easily identified. You will hold any proceeds of sale of any Goods as a trustee of Luckies until all sums owing to Luckies have been paid in full.
If any of these terms and conditions is prohibited by law, or is determined by any court of law or other binding adjudicatory authority or conceded by the parties to be unlawful, void or unenforceable, such provision shall, to the extent required and as far as possible, be severed from these terms and conditions and rendered ineffective without modifying the remaining terms and conditions and shall not in any way affect any other terms and conditions or the validity or enforcement of these terms and conditions generally.
13 FORCE MAJEURE
Luckies shall owe or incur any liability under or in connection with, or be deemed to be in breach of, this Agreement by reason of any delays in, revisions to, or failures in the delivery of an order that results from circumstances beyond its reasonable control. If we should be affected by such circumstances we will notify you in writing: (a) when such circumstance referred causes, or can reasonably be expected to cause or to threaten to cause, a delay, revision or failure in performance; and (b) when any such circumstance ceases to do so. If such circumstances continue for a continuous period of more than 3 calendar months, either you or Luckies may cancel the order affected by the circumstances.
14 CHANGE TO TERMS
These terms are variable and subject to change without notice and Luckies reserve the right to vary these terms from time to time as it sees fit. Furthermore, these terms may be withdrawn without notice and may vary from contract to contract.
15 LAW AND JURISDICTION
The validity, construction and performance of this Agreement and of all other rights and liabilities arising in connection with this Agreement shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts, to which the parties submit.
16 THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, confer on any person who is not a party to this Agreement any right to enforce any of its provisions or any right to avail itself of any defence expressed in this Agreement