All sales made by the company are subject to these Terms and Conditions, except where otherwise agreed in writing by both parties in the contract, and shall be read in conjunction with any specific conditions included in any of the quotations of the company.
1. INTERPRETATION
Taptastic is a trading name of BDistinctive Limited, which is registered in England and Wales under company number 1218517 and with its registered office at Manufactory House, Bell Lane, Hertford, Hertfordshire SG14 1BP.
In these conditions “The Company” means BDistinctive Limited and ‘the Purchaser’ means the persons, firm or company purchasing from or doing business with the company.
“The Goods” means all products supplied by The Company to the purchaser by sale.
2. GENERAL
The Company has the complete discretion to refuse any order made on the basis of the Company’s quotations within 7 days of such order being placed and acknowledged by The Company. The Company shall not be liable for any consequential damages/loses/expenses incurred by the purchaser placing such order as a result of The Company’s refusal.
3. THE GOODS
We endeavour to give as much technical information as is reasonably practicable about the products we sell. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. We always try to make sure that the information given on our site is as up to date as possible but we cannot guarantee that this will always be the case.
4. AVAILABILITY OF GOODS
All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
5. QUOTATIONS
Quotations indicate the price at which the Company would be willing to supply goods subject to variation set out in the points that follow. Quotations are not offers to supply goods and any order placed on the basis of a quotation must be accepted by the Company for a Contract to arise. Any price contained within a quotation made by the Company shall be held for a period of twenty-one days whereupon the company reserves the right to revise the Contract price as it considers necessary.
6. PRICES
All prices quoted are ex Company works and subject to an additional charge for delivery. Prices are also subject to the addition of Value Added Tax at the rate ruling at date of invoice.
The total price payable for the goods and delivery will be as shown at the time when you place your order. We are entitled to make adjustments to the price if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order.
The Company shall not be bound by any price which is not in writing on official Company stationary.
Where the Company has to import material to fulfill the order the Company reserves the right to vary the price quoted to reflect any difference between the rate of exchange for purchase of the relevant currency quoted by HSBC Bank PLC on the date of acceptance.
7. PAYMENT TERMS & RETENTION OF TITLE
Our payment terms are 30 days from the invoice date.
Our general practice is to invoice on delivery of the goods, but we may seek an upfront payment in the case of the order being for a substantial amount.
In accordance with ‘The Late Payment of Commercial Debts (Interest) Act 1998’, any invoice not paid within 30 days of the invoice date will be considered ‘late’. We reserve the right to claim interest on overdue payments at 8% above the prevailing Bank of England base rate, as recommended in this Act.
All goods remain the property of the Company until they have been paid for in full and receipt acknowledged by The Company. The Goods supplied shall be at the risk of the Purchaser from their acceptance upon delivery including automatically being subject to a director’s guarantee (the director named on the companies records) without any concession as from the date of delivery.
All costs, charges and expenses incurred by the Company in recovering any debt shall be paid by the Purchaser; including any wasted time spent by The Company in respect thereof.
8. SPECIAL / NON-STANDARD ORDERS
The Company reserves the right to request payment in advance before supplying any special / non-standard order goods or manufactured items. Such request shall be made by The Company within a reasonable period from receipt of the order being placed.
It is the responsibility of the purchaser to pass on all details or dimensions accurately in respect of such special / non-standard orders and The Company shall base the order’s design explicitly on these details or dimensions where possible. The Company shall not accept any liability under any circumstances for any variation or inaccuracy in the final design of the special / non-standard order, following acknowledgment of the placement of such order.
The Company reserves the right to demand a written confirmation from the purchaser before effecting manufacture or delivery of any item.
The Company shall not entertain any alterations / updates thereon unless so agreed at the complete discretion of The Company in writing prior to the product being manufactured.
Any verbal instruction given by the purchaser for a special order will be taken and deemed to be legally binding.
9. DELIVERY
The Company shall endeavour to deliver items in stock by the date set out in the delivery confirmation in respect of that order, but such timed deliveries / arrival time estimates are provided as a guide / target only, unless The Company expressly agrees in writing to be bound by a delivery date as being of the essence of any contract under these Terms.
Delivery shall be made during normal working hours (excluding local and national holidays). If the Purchaser requires delivery to be made outside such times, an additional charge may be payable. The Company shall not be liable for any delay in delivery owing to matters outside The Company’s control.
The Company shall deliver The Goods to the address specified by the purchaser on the order form placed with The Company. The Company reserves the right to withhold delivery where the address supplied is not clear and shall not be held liable for any costs/loses/expenses incurred by the purchaser as a result thereof. The Company shall not be liable for inaccurate communication of the purchaser’s address for delivery and the purchaser shall be held liable for any costs The Company incurs as a result of such miscommunication.
The purchaser must inform The Company upon placing an order whom shall have the authority to sign for acceptance of delivery of The Goods; such person must be specifically named; The Company’s courier service shall not facilitate delivery to any other party other than that specified by the purchaser and communicated to The Company. If the purchaser wishes the designated signatory to be different from that which is specified upon placing the order, the purchaser must notify The Company at least 24 hours prior to the agreed delivery date. If the purchaser does not assign a set signatory for The Goods, then it is at the purchaser’s own risk as to acceptance of delivery and The Company shall not be held liable for any loses suffered as a result thereof by the purchaser.
No liability can be taken for any information given by the purchaser verbally at any time.
10. INDEMNITY
The Company shall not be responsible for any consequential loss of any description incurred by the purchaser as a result of any failure or fault in The Goods or for any damages or personal injuries or other losses, howsoever caused directly or indirectly by The Goods.
It is the responsibility of the purchaser to carry out trials to ensure any of The Goods supplied by the Company are suitable for the purpose for which the purchaser intends and satisfies their requirements. All recommendations are therefore made without guarantee.
The company shall pass on to the purchaser the benefit of any guarantees or warranties provided by the manufacturers of the goods and any rights vested in the company under such guarantees or warranties are hereby assigned to the purchaser but without prejudice to the previous sub-clause.
11. REPRESENTATIONS
No statement, description, warranty condition or recommendation contained in any website, catalogue, price list, advertisement, communication or made verbally by any agent of The Company shall be construed to enlarge, vary or override in any way any of these Terms & Conditions.
12. ADDITIONAL COSTS
The purchaser agrees to pay for any loss or extra cost incurred by The Company through the purchaser’s instructions or lack of instructions or through failure or delay in taking delivery through any acts or default on the part of the purchaser, its servants, agents or bodies put out to represent the Purchaser.
13. CREDIT CHECKING
The Company reserves the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation.
14. FORCE MAJEURE
The Company shall be entitled to delay or cancel the delivery or reduce the quantity of The Goods delivered if it is prevented from or hindered in or delayed in production, obtaining or delivering The Goods by normal routes or means of delivery through circumstances beyond its control including but not limited to strikes, lock outs, accidents, war, fire, reduction in or availability of power at The Company’s premises or breakdown of equipment or communication links or unavailability of resources.
15. GOVERNING LAW
This agreement shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined by the courts of England and Wales.your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.