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TERMS AND CONDITIONS GENERAL These terms apply to all sales by Betheny Limited (here after called Betheny) to the exclusion of any other terms unless other wise agreed in writing. Betheny reserves the right to make changes to the items shown in this catalogue and to remove selected styles. DELIVERY Stock items ordered by 2pm will normally be dispatched on the day of receipt of order using out standard two working day delivery service. Anticipated delivery dates for non-catalogue or personalized garments may be confirmed at the time of ordering. Unless agreed in writing time is not of the essence. Betheny reserves the right to deliver the goods in reasonable installments at its absolute discretion in which case you shall accept and pay for the goods in reasonable installments. Each installment is to be treated as a separate contract.Any claim for non- delivery of or damage to the goods in transit should be made in writing within seven days of the date of the invoice for them. Our liability in respect of any such claim is limited at our option to replacement of the goods or refund of the price and does not extend to any indirect or consequential loss. PRICE The price of the goods will be the price ruling at the date of dispatch. All price quoted exclude post and packing and VAT. Any applicable post and packing and VAT is payable by you in addition to the contract price. Orders up to a value of £ 150 plus VAT will incur a post and packing charge of £ 6.00 plus VAT per order for deliveries within most areas of mainland UK. A next day service providing delivery by 5pm the next working day (Mon – Fri only), is available within most areas of the UK at cost £ 6.00 VAT per package inclusive of any post and packing charge, up to maximum weight of 25 kg per package order must be received by 2pm . In areas affected by a congestion charge a surcharge of 50p plus VAT per order may be added. In the event that the carrier is unable to deliver to you and second delivery journey is required or if the second attempted delivery is unsuccessful the goods will be returned to Betheny, additional carriage charges incurred may a charged to you at Betheny’s discretion. Betheny will not be liable for any consequential loss caused by failure of the carrier to deliver. Any other additional services such as embroidery or other personalization of garments alteration to garment man packing etc, will incur an additional charge. Prices for these services will be confirmed at the time of ordering. PAYMENT Invoices will be issued on the day of dispatch of the goods and must be paid within thirty days of invoice date, subject to status. If you fail to pay us in full on the due date: 1) We may suspend or cancel future deliveries: 2.) We may cancel any discount offered to you; 3.) You must pay interest at the rate equivalent to that set for the purposes of Section 6 of the late Payment of Commercial Debts (Interest) Act 1998; a). Calculated ( on a daily basis from the date of our invoice until payment ) b.) Compound on the first day of each calendar month; c.) Before and after any judgment (unless the court orders other wise). If you have not paid Betheny all amounts due on an invoice and 45 days have passed since the due date for payment then Betheny has the right to charge you an administrative fee. Where copy invoice are requested faxed copies will be provided free of charge but there will be a charge of £ 1 plus VAT for copies required to be sent by post. You are to indemnify Betheny in full and hold Betheny harmless from all expenses and liabilities Betheny may incur (directly or indirectly and including finance cost sand legal costs on a full indemnity basis) following any breach by you of any of your obligation under these terms. You are not entitled to setoff any debt or claim against other amounts owing to us. RISK AND OWNERSHIP The risk in the goods passes to you when the goods are delivered to the delivery address. Ownership of the goods remains with Betheny until payment has been received in full for the goods and any other garments for which payment is also due. INSOLVENCY If (a) you make any voluntary arrangement with your creditors or become bankrupt or become subject to an administration order, or go into liquidation; or (b) you cease, or threaten to cease, to carry on business; or (c) Betheny reasonably believes that any of the above events is about to occur and notifies you accordingly; then you shall cease at once to use any goods not then paid for and shall on demand return any of them remaining in your possession. On making such a demand, we are entitled, without incurring, any repossess such of our goods as are to be found there, and also to cancel any contract with you. FORCE MAJEURE Where we are unable to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist and any agreed date or period for delivery shall be regarded as extended accordingly. If any period of suspension of deliveries lasts for more than three months, either party may cancel the contract by written notice without penalty. RETURNS POLICY If any catalogue garments are not required for any reasons we will be happy to replace them or to refund their value provided that; (a) they are returned to us carriage paid, unused (other than for the purpose of trying on the garment), within fourteen days of delivery; (b) our invoice relating to the relevant goods has been paid by the due date; (c) a written note is enclosed quoting the invoice number and stating the reason for the garments being retuned . Garments which have been used by are returned within seven days under the terms of the Consumer Protection (Distance Selling) Regulations 2000, will also be refunded although a handling fee may be deducted from the fund in the case of return of ten or more garments a handling charge relating to the administration costs incurred may be applied by Betheny. Goods returned are done so at your risk and you are advised to use a service, which prices a guarantee of delivery. This returns policy does not apply to non –catalogue styles, altered or personalized garments. CANCELLATION If an order for a non – catalogue style, personalized or altered garment is cancelled for any reason you will be charged for any garment , labour or fabric costs that have been incurred in processing the order up to the time or cancellation. WARRANTIES AND LIABLITY Betheny warrants that the goods will correspond with their specification and will be free from defect in material and workmanship. In addition, garments constructed from specialty work wear fabric will be guaranteed for a period of six months from purchase. Both of these warranties are subject to the following conditions: (a) Betheny shall not be liable : (i) in respect of any defect arising otherwise than from fair wear and tear , or arising from willful damage, negligence, failure to follow care instructions, abnormal working conditions misuse or alteration. (ii) if the total price for the goods has not been paid by the due date. (iii) if the defect arises from any drawing, design or specification supplied by the customer. (b) Where goods are faulty, Betheny may at its absolute discretion replace the goods free of charge, rectify the fault, or refund the price of the goods, and Betheny shall have no further liability. For any sales covered by the Consumer Protection (Distance Selling) Regulations 2000 the customer has the right to request a refund. (c) Betheny shall not be liable for any loss or damage whether direct consequential or otherwise but in any event Betheny’s liability (if any) shall be limited to the price of the goods. (d) Nothing in these terms affects Betheny’s liability for death or personal injury resulting from Betheny’s negligence. (e) Nothing in these terms affects your statutory rights. SAMPLES Any samples requested will be invoiced to you on dispatch and will be credited in full provided they are returned to us unused within fourteen days of delivery otherwise the price, including any applicable post and packing and VAT becomes immediately payable. ENGLISH LAW This contract shall be governed by the laws of England and both parties shall submit to the non– exclusive jurisdiction of the English Courts In an effort to continually improve our service to our customers, telephone calls may be recorded for training purposes. |