1. Definitions

Buyer: The person who orders the Goods from the Seller.

Conditions: These terms and conditions of sale.

Goods: The articles which the Buyer agrees to buy from the Seller.

Price: The price for the Goods, excluding VAT and any carriage, packaging and insurance costs (unless otherwise stated).

Seller: ERIBÉ KNITWEAR LTD

Website: www.eribe.com

 

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to

the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document. All other terms, conditions and warranties whether written or verbal, expressed or implied, statutory or otherwise, are to the fullest extent permitted by law excluded save to the extent provided in these Conditions or in any related written document signed on behalf of both parties by their duly authorised representatives or in any variations expressly specified in the Seller’s order acknowledgement letter. By making an order for Goods after receiving these Conditions, the Buyer acknowledges that these Conditions shall prevail over any conditions inconsistent herewith purported to be imposed by the Buyer or any previous course of dealing between the Seller and the Buyer save to the extent of any variations referred to in this Section 2.1.

 

3. Price

3.1 The Price shall be the price on the Website at the time of the Seller’s order. The Price is exclusive of VAT which shall be due at the rate in force on the date of the order

 

4. Payment and Interest

4.1 Payment is made at the time of the order. The Buyer will receive confirmation when payment is taken and the order is to be depatched.

4.2 Buyer contact and payment details are processed according to the Seller’s Privacy Policy found here.

4.3 Confirmation of order acceptance will be sent one payment has been processed.

 

5. Goods

5.1 The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.

5.2 The Seller reserves the right to withdraw Products from sale where production minimums are not met, or where quality standards are not met. If this necessitates an order cancellation the Buyer shall be refunded.

5.3 The Seller can confirm that all Goods are designed and originated in Scotland. Manufacture, assembly and finishing takes place in Scotland and the EU. 5.4 For care of Good see Knitwear Care Guide.

 

6. Cancellation and Returns see here for the cancelling orders and returning Goods.

 

7. Warranties and liability

7.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller on the Website. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded. Consumers’ statutory rights are not affected.

7.2 Save in the case of fraud or death or personal injury caused by its negligence, the Seller’s entire liability arising out of or in connection with these Conditions is limited to the invoiced value of the order(s) in connection with which such liability arises. Consumers’ statutory rights are not affected.

 

8. Delivery of the Goods

8.1 Delivery of the Goods shall be made to the Buyer’s address. Territories the Seller delivers to and attendant costs and method of delivery can be found here. The Buyer shall make all arrangements necessary to take delivery of the Goods.

8.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract as production can be delayed if raw materials are delayed or not available.

8.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

8.4 If the Buyer fails to take delivery of the Goods at the address given in the order on the delivery date there will be 2 more delivery attempts from the courier, if the buyer still fails to take delivery the Goods will be delivered to the local courier access point for two weeks. Then the Goods will be returned to Seller and the Seller shall contact the buyer.

 

9. Acceptance of the Goods

The Buyer shall carry out a thorough inspection of the Goods of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any defects which a reasonable examination would have revealed; or of missing items.

 

10. Title and risk

10.1 Risk and title shall pass on delivery of the Goods to the Buyer’s address.

 

11. Force Majeure

Neither party shall be in breach of an Order nor liable for delay in performing, or failure to perform, any of its obligations under it if such delay or failure results from an event, circumstance or cause beyond its reasonable control which were not reasonably foreseeable when the Seller issued the Buyer with the relevant order conformation. If the period of delay or non-performance continues for 2 months, the party not affected may terminate any order affected by giving 28 days written notice to the affected party. However, a party affected by force majeure shall give the other party as much prior written notice of it as reasonably possible and use reasonable endeavours to minimise its effect.

 

12. General

12.1 Notices under these Conditions are to be served in writing and may be served by email to the email addresses in the order acknowledgement form or registered post to the recipient’s address as it appears in the order acknowledgement form. Notices served by email shall be deemed received 1 business day after transmission and notices served by post shall be deemed to have been received 2 business days after despatch (in the case of internal UK post) and 6 business days after despatch (in the case of air mail).

12.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of these Conditions and the remainder of the provisions in question shall not be affected thereby.

12.3 Nothing in these Conditions should be construed as conferring rights on any third party, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

12.4 No waiver or indulgence by the Seller in exercising any right, remedy, power or privilege under these Conditions shall either be or be deemed to be a waiver of or in any way prejudice any such right, remedy, power or privilege. No single or partial exercise of any right, remedy, power or privilege by the Seller shall preclude or restrict the further exercise or enforcement by the Seller of any such right, remedy, power or privilege.

12.5 The Buyer shall not assign, transfer, delegate or subcontract any of its rights and obligations under these Conditions. The Seller shall be entitled to assign, transfer, delegate or subcontract its rights and obligations under the Conditions.

12.6 Any controversy or claim of whatsoever nature arising out of or relating in any manner whatsoever to these Conditions or any breach of them shall be governed by and construed in all respects in accordance with the laws of Scotland. party hereby irrevocably acknowledges and agrees that the Courts of Scotland shall have exclusive jurisdiction to resolve any controversy or claim of whatsoever nature arising out of or relating in any manner to these Conditions or any breach of these Conditions provided that the Seller may apply for an injunction or other interim relief and enforce awarded it by the Courts of Scotland in any court of competent jurisdiction. The place of performance of is Scotland.