TERMS AND CONDITIONS
These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) and services (“Services”) to you. Please read these Terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these Terms.
1. ABOUT US
1.1. The Goods and Services are provided (and/or promoted as per clause 5 of these Terms) by TRE Products Direct Limited
1.2. We are registered in England and Wales and have our registered office and main trading address at 48 Mollington Grove, Hatton Park, Warwick CV35 7TU
1.3. Our company number is 10611127 and our VAT registration is GB266726081.
2. ABOUT YOU
2.1. You acknowledge that:
2.1.1. these Terms apply when you purchase or order Goods and Services through our Website including other online websites such as Google, Amazon and EBay (the "Website(s)") and any other means of placing an order with us (the "Order") only as a Business Customer for resale and/or you hold a trade account or trade cash account with us; and
2.2 By placing an order with us, you warrant that:
2.2.1 You are authorised to enter into binding contract on behalf of the business and/or as an individual, you are at least 18 years old and legally capable of entering into binding contracts;
2.2.2 The information that you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and is not misleading or fraudulent; and
2.2.3 You are fully aware of and understand our Terms.
3.1. Subject to clause 3.2, the prices of the Goods and Services will be as quoted at the time the Business Customer places the Order except in cases of error (see clause 3.2.2). The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
3.2. The price you pay for Goods and Services purchased an Order is the price displayed at the time we receive your Order apart from the following exceptions:
3.2.2. While we try and ensure that all our prices quoted at the time of the Order are accurate, some prices may be incorrectly listed on our internal management systems and /or on our Website. If we discover an error in the price of the Goods you have ordered, we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your Order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the Order as cancelled. If payment has been made and you wish to cancel your Order, you will receive a full refund of the price paid.
3.3. Where there is no error in our pricing as per clause 3.2.2 or otherwise, the price that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of despatch of the Goods or (in the case of Services) our confirmation of the start date of the Services.
3.4. We list prices as both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
3.5. Unless otherwise specified, prices quoted include delivery to destinations in the United Kingdom and we will select the mode of transport. The entire cost of any other mode of transport which you may specify will be borne by you, as will delivery to locations outside of the United Kingdom.
3.6. In case of small orders, we will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to you at the time of order acknowledgement.
3.7. No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
4.1. If you hold a credit/trade account with us, payment of invoices will be made in full to us without deductions or set-off in accordance with the payment terms notified by us to you or if no such terms are advised, not later than the 20th day of the following month after the invoice date. You guarantee your creditworthiness in placing an order. If after confirmation of the order by us, doubts arise as to your creditworthiness, then all payments will become due immediately unless adequate security can be offered by you.
4.2. Where you do not hold a credit account with us, payment of invoices will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit or debit card when order is placed or on delivery.
4.3. We reserve the right to charge a credit card surcharge if you elect to pay us by credit card.
4.4. Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or where the card in question has been verified on the Website.
4.5. Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date, we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
4.6. All cheques provided to us by Business Customers who do not hold a credit account with us are approved for acceptance by our appointed agents. In the event of a cheque not clearing by our bank and being represented or returned to the drawer, our appointed agents shall contact you and will charge a fee of a minimum of £75 for each cheque so returned to cover bank charges and administration costs. Our agents may apply additional charges and/or vary their charges from time to time and any charges applied will have to be paid by you. For all cheques provided to us by Business Customers with credit accounts, which when cashed by us, are not cleared by our bank and are being represented or returned to the drawer, we shall charge £25 for each cheque so returned to cover our bank and administration charges. To avoid the aforementioned charges, we advise that you have the sufficient and cleared funds in your account when making any payment to us.
5.1. The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
5.2. Time of delivery will not be of the essence and any delivery date is an estimate only. We shall use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late. This clause 5.2 sets out your only remedy for such delay.
5.3. The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
5.4. Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
5.5. Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery. Provided that you return such Goods to us in accordance with clause 6, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 5.5 set out your sole remedy in such circumstances.
5.6. Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you or our appointed carriers have obtained a signature for the delivery of the Goods, such claim must be notified by you to us within 7 days of their expected delivery, We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc). Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding. The provisions of this clause 5.6 sets out your sole remedy in such circumstances.
5.7. We may (at our discretion) deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
5.8. If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.
5.9. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy available to us, we may at our absolute discretion:
5.9.1. Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of the failed delivery and aborted installation costs, storage, re-delivery and installation costs; or
5.9.2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
6. REFUNDS POLICY
6.1. When you return Goods to us:
6.1.1. which are incorrectly supplied and/or are returned as new in their original packaging (and as per 5.1.2), such Goods shall be refunded, exchanged or replaced if they are returned within 30 days of the date of purchase of the Goods and proof of purchase (in the form of our invoice for the original supply of the Goods) is supplied; and
6.1.2. for any other reason, we will examine the returned Goods and will notify you in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used (such as any smell of without limitation fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Goods returned to us because they fail to comply with the Warranty shall be refunded in accordance with the provisions of the Warranty Conditions.
6.2. "Special Order" means any Goods that are not held in stock by us and are therefore ordered and/or manufactured specifically as per your request. Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders are non-refundable except at our sole discretion. We reserve the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you."
6.3. We will normally refund any money due to you using the same method originally used by you to pay for your purchase. This may take your bank approximately 3-5 working days from the date the refund is processed by us.
6.4. Please Note: we will not accept responsibility for loss or damage of returning Goods during transit.