TERMS AND CONDITIONS
1 – Trading Terms – Definitions :
“Buyer” means the person or company who accepts the Seller’s Quotation for the sale of the Goods or whose Order for the Goods is accepted by the Seller.
“Goods” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms.
“Order” means the Buyer’s acceptance of the Seller’s Quotation for the Goods or the order placed by the Seller for the Goods whether by means of the Seller’s catalogue or web site which the Buyer accepts.
“Customised Products” means any products ordered by or supplied to the Buyer which have been either custom made or ordered from a third party or tailored to meet specific requirements stipulated by the Buyer.
“Non-Customised Products” means any products which are not Customised Products.
“Seller” means Shingyo
“Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the Seller and the Buyer.
These Terms govern the sale of the Goods sold by the Seller to the Buyer named on the order form provided on the Seller’s web site or catalogue and where the Goods are supplied as a result of the Buyer’s acceptance of the Quotation. The completed order form or Quotation together with the Terms constitute the entire and only agreement between the parties in relation to the sale of the Goods and comprises a legally binding contract between the parties.
2 – Service availability :
Our catalogue and website are only intended for use by people resident in the United Kingdom and the Republic of Ireland. We do not accept orders from outside of the United Kingdom and the Republic of Ireland.
3 – Price and payment :
3.1 If the Buyer places an Order via the Seller’s web site the price payable for the Goods will be set out on the web site at the time the Seller places the Order.
3.2 The Buyer may place an Order from one of the Seller’s current catalogues and the prices of the Goods will be set out in the said catalogue.
3.3 For customers who have an existing account with Shingyo and the products ordered are in stock we will automatically process fax, web and post orders. We will not call you to confirm fax, web and post orders unless you are a new customer, request that we call you, or we need to contact you to confirm stock availability, payment or delivery details.
3.4 If the Buyer accepts the Seller’s Quotation then the prices contained therein are only valid for the period of 30 days from the date of the Quotation. If the Buyer wishes to order the Goods stated in the Quotation after this period then a new Quotation should be obtained or an enquiry made as regards the price of the Goods upon making an Order.
3.5 Notwithstanding the above clauses the Seller reserves the right by giving notice to the Buyer at any time before delivery, to vary the price of the Goods to reflect any increase/decrease in cost to the Seller which is due to any factor beyond the control of the Seller.
3.6 The Buyer shall be responsible for any charges for VAT, carriage and insurance in addition to the price for the Goods unless otherwise agreed in writing between the parties.
3.7 Subject to clause 2.9, the Seller must receive payment for the total price of the Goods and any applicable charges for VAT, carriage and insurance, before the Order can be accepted unless otherwise agreed in writing.
3.8 If the Buyer has a credit account with the Seller, payment shall be made in full within 30 days of the date of invoice sent by the Seller to the Buyer in relation to the Goods. Time shall be of the essence for payment. The Seller shall be entitled to revoke any credit facility if the Buyer fails to make payment by the due date. In addition, if payment is not made by the due date, the Seller shall be entitled to charge interest at the rate of 3 per cent over the then current base rate of National Westminster Bank Plc on the amount outstanding from the due date for payment until receipt by the Seller of the full amount (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs.
3.9 Payment terms for custom made products:
3.9.1 For all custom made products ordered we require full, non-refundable, payment at the time the order is placed.
3.9.2 For all custom made products the order is confirmed and cannot be cancelled or returned after the specification document or artwork proof has been approved by the Buyer.
3.10 You can choose to pay by account, credit or BACS. All we ask is that new customers and accounts that have not purchased for 18 months pay for their first order in advance. You will then be set-up with an account (subject to status) that allows you the freedom to place future orders with 30 days credit subject to clauses 2.7 – 2.9.
3.11 Shingyo provide a telephone confirmation service for e-mail, fax and orders received through the post, if requested. We will endeavour to call customers back but reserve the right to decide if we can make these call based on business volumes.
4 – Placing an order :
4.1 After placing an order on our website, you’ll receive a confirmation e-mail within an hour. If you have not received a confirmation email within half an hour you can contact the helpdesk. Do check your spam/junk mail folder to make sure the email has not been sent there.
4.2 After we have dispatched the bags, will will send you the invoice of the order by e-mail. For orders received by 12 am, you’ll receive the invoice the same day sincs the bags will be dispatched the same day, except for weekends.
4.3 If your company is settled in the UK and you have a valid EU VAT registration number please enter it below and you’ll be allowed to purchase with a VAT zero rate 0%. We are able to deliver with a 0% VAT rate because our headquartes is originally located in The Netherlands. If you don’t have a valid EU VAT registration number the standard VAT rate of 21% will be added to your total.
5 – Delivery and title :
5.1 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
5.2 If the Buyer fails to take delivery of the Goods then without limiting any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage.
5.4 Risk of damage to or loss of the Goods shall pass to the Buyer : a) in the case of Goods to be delivered at the Buyers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods; or b) in the case of Goods the Buyer has requested the Seller to leave unattended at their requested delivery address when the Buyer is unable to take receipt of the goods and sign for the goods, at the time of delivery. c) in the case of Goods being collected from the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection.
5.5 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT, carriage and insurance.
5.6 Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
5.7 For orders received by 12 am, we aim to deliver in 3 to 5 working days. Orders placed Monday to Thursday will be delivered the next working day. Orders received on Friday will be delivered the following Monday. Where Bank Holidays fall on a Friday and/or Monday your order will be delivered on the next working day. A small number of products take a little longer to deliver and these are highlighted throughout the catalogue and website.
5.8 For orders placed, we aim to deliver to the UK mainland within 3 to 5 working days (unless otherwise stated at time of order). If your Postcode begins with AB31-38, AB41-56, HS1-9, IV1-63, KW1-17, PA20-88, PH9-50, ZE1-3, KA27-28, FK19-21, BT, TR21-25, JE, GY, IM, PO30-41. Shingyo will not be held responsible for any delays.
5.9 All orders are shipped with a flat rate of £ 5.95
5.10 Some products are delivered to customers directly from the manufacturer and some manufacturers are unable to deliver outside of the UK mainland. Customers will be advised at time of order if this is the case.
5.11 Deliveries are made using a national carrier service. Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion; assist with delivering the goods to a location within the premises nominated by the customer, at the customer’s own risk.
5.12 We cannot deliver to PO Boxes.
6 – Availability :
6.1 The Seller shall endeavour to hold sufficient stock to meet all Orders, however if there are insufficient stock to supply or deliver the Goods already paid for by the Buyer, the Seller shall, at its discretion, supply or deliver a substituted product or refund to the Buyer the price paid for the Goods as soon as possible and in any event within 30 days or, where the Buyer is an account customer, The Seller may, at its absolute discretion, raise a credit to offset the amount invoiced to the Buyer.
6.2 Customised Products. The Seller shall be entitled to vary the quantity of any Customised Products by plus or minus 10% of the total Order.
7 – Cancellation and returns :
7.1 The Buyer shall be entitled to cancel the Order for Stocked Products by giving to the Seller notice of cancellation within 14 days of the date of collection or delivery.Such notice may be given by telephoning, faxing, emailing or mailing to the contact details below. If there is a defect or fault in the Goods, the Buyer is required to notify the Seller of the problem at the time of cancellation by calling 0031481354120
E-mail: [email protected]
Post: Sales Department, Shingyo, Elzepas 88, 6662 XB, Elst (gld) The Netherlands
7.2 On cancellation, the Buyer shall return the Goods to the Seller at its own cost unless the Goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Seller, in which case the Seller will meet the cost of return subject to being able to nominate the carrier.
7.3 If the Buyer wishes to cancel an order for non-stocked products, this must be done before the order is confirmed. Non-stocked products cannot be returned once your order is confirmed. Non-stocked products include products with a delivery time of longer than next day delivery.
7.4 Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, The Seller will only accept unwanted products at its sole discretion within 14 days of delivery. The goods must be unopened, in a saleable condition and will be subject to a restocking fee of £30.00 or 20% whichever is the greater.
7.5 The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale. The Seller reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyer’s failure to comply with this clause 5.5. Goods are not Dispatched or Sold on a trial or return basis.
7.6 On receipt of the returned goods the Seller will credit, exchange or refund the value of the goods to the Buyer, subject to clauses 5.3 – 5.5. 6.7 Product warranties do not include consumable parts or where products have been damaged through misuse. A credit or repair for returned products will only be issued after inspection and confirmation that the fault is covered by the manufacturer warranty. Please call us on 0031481354120 and we will issue a returns number for collecting the item. Standard carriage rates will be charged on returned products that do not fall within the warranty cover.
8 – Liability :
8.1A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller in accordance with clause 5.1 or (where the defect or failure was not apparent on reasonable inspection) within 7 days of the discovery of the defect or failure but not exceeding 30 days from the date of delivery.
If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
8.2 Inspection of goods immediately on receipt of a delivery is recommended. Damage or short delivery must be notified to the Seller within three days. Goods that are refused as damaged must be signed for “Goods refused damaged” on the carrier’s delivery paperwork; Goods that are accepted but are damaged must be signed for “Goods damaged”; Goods that are short must be signed for “Goods received short” and the Buyer must amend the number of items delivered on the carrier’s delivery paperwork. Damaged or short deliveries must not be signed for as “Unchecked” on the carrier’s delivery paperwork. Note: If the carrier’s paperwork is not signed for correctly for damaged or short deliveries this will invalidate the Seller’s contractual liability under these conditions and the Seller reserves the right to refuse to credit the Buyer for the damaged or short goods.
8.3 Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned goods identify the fault or damage and otherwise inspect the goods. The Seller may replace, repair or refund to the Buyer the price of the Goods at its discretion, in which case the Seller shall have no further liability to the Buyer. If the goods are found to be in good order without defect they will be returned to the seller at the sellers cost. For the sake of clarity, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer, nor is it intended to exclude the Seller’s liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
8.4 Subject to clauses 6.3 and 6.5 the Seller warrants that the Goods will be free from defects in material and workmanship for a period of 6 months from the date of delivery unless otherwise stated in writing.
8.5 The warranty is given by the Seller subject to the following conditions :
8.5.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing or specification supplied by the Buyer.
8.5.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the Buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the Goods.
8.5.3 For products where a warranty card is included, such as heat sealers, the card must be completed and returned to Shingyo within thirty days of receipt of the product(s). If the warranty card is not received within thirty days the warranty will be rendered invalid.
8.5.4 The Seller shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.
8.5.5 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller.
8.5.6 The above warranty is given solely to the Buyer and is not transferable to any third party.
9 – Termination :
The Seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the Buyer by notice in writing if the Buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due or proceedings are commenced by or against it alleging bankruptcy or insolvency. Upon termination, all monies owing to the Seller in accordance with these Terms becomes immediately due and payable and the Seller shall be under no further obligation to supply any goods to the Buyer.
10 – Events beyond our control :
The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond its reasonable control (including without limitation strikes, lockouts, acts of God and the like.
11 – General :
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with Dutch Law.
11.1Your privacy. As part of our on-going commitment to providing you with the highest levels of quality and service, some calls may be monitored or recorded for staff training requirements.
11.2 Data Protection. We have obtained your details from our customer list, enquirer records or from a third party business list. We may use your details to contact you from time to time to inform you of our products or services which may be of interest to you. If you wish to change any of your information or do not wish to continue to be part of our marketing programme please write or e-mail, using the contact details below.
Occasionally we also make our customer list available to carefully selected third parties who may contact you for marketing purposes. If you do not wish to be contacted by such third parties please write or e-mail, using the contact details below.
6662 XB Elst (Gld)
E-mail: [email protected]