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 instalment 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 on the Seller's 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 Priory Business Group PLC or any of its trading subsidiaries with common registered office address. Priory Business Group PLC is a UK registered company with Company No. 3505655 and whose registered office is: Unit 2C, Aylesford Commercial Park, Kent, ME20 7FE. Contact Details are: Tel 01622 580 100, Email: [email protected]. For clarification purposes only, Priory Direct is a registered Trade Name and wholly owned subsidiary of Priory Business Group PLC and is the brand primarily used for the Seller's ecommerce business.
"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 - Price and Payment
2.1 If the Buyer places an Order via the Seller's web site, over the phone, via email or Livechat the price payable for the Goods will be agreed between Buyer and Seller at the time of accepting the Order or as set out on the web site at the time the Seller places the Order.
2.2 For customers who have an existing account with the Seller and the products ordered are in stock will automatically be processed. The Seller will not call you regarding the Order unless the Buyer requests a call, or the Seller needs to contact the Buyer to confirm stock availability, payment or delivery details.
2.3 For Stock products, 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 to be ordered.
2.4 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 significant change in cost to the Seller which is due to any factor beyond the control of the Seller.
2.5 The Buyer shall bear the cost for applicable sales taxes, carriage and insurance in addition to the agreed price for the Goods unless otherwise agreed in writing between the parties
2.6 In the absence of the Buyer having an approved credit account with the Seller, the Seller must receive full payment for the total price of the Goods and any applicable sales taxes, carriage and insurance, before the Order can be processed unless otherwise agreed in writing.
2.7 If the Buyer has an approved credit account with the Seller, payment shall be made in full within 30 days of the date of invoice or later if longer credit terms are agreed by the Seller to the Buyer in relation to the Goods. 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 Bank of England Base Rate 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.
2.8. For all Customised Products the order is confirmed and cannot be cancelled or returned after the specification document or artwork proof has been approved by the Buyer.
2.9 For all Customised Products ordered the Seller shall require full, non-refundable, payment at the time the order is placed, unless otherwise agreed in writing.
2.10 The Buyer can choose to pay by bank transfer, PayPal, credit or debit card, or by cheque.
2.11 Orders placed on Proforma invoice are valid for 1X week (7 days) from the date they have been placed, after which time if payment has not been received the invoice will be cancelled and a new order will need to be placed should the buyer still want the goods.
2.12 The Seller shall require customers with credit accounts that have not purchased for 12 months or longer to pay for their new order in advance. The Buyer will then be set-up with their former credit account subject to new credit approval status which may result in variation to the credit terms and facility newly granted.
2.13 For Buyers placing an Order via the website, the Buyer may be eligible to participate in the Seller's Reward Program, whereby points can be earned for orders placed and paid in full via the website. The points awarded under such scheme are governed by the Terms and Conditions of the Reward Scheme, as can be found on the website with the principle concept that the financial value attributed to the points can be used as a part payment towards a future order.
3 - Delivery and Title
3.1 Delivery of the Goods shall be made by the Seller to the first address provided by the Buyer as stipulated on the Order, or by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. A signature indicating safe receipt of the Goods will be required on delivery or collection.
3.2 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.
3.3 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.
3.4 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.
3.5 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 sales taxes, carriage and insurance.
3.6 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.
3.7 Subject to clause 3.8, an order received by 5.00pm on a Monday to Friday inclusive, the Seller will aim to pick pack and despatch the same day. An Order placed after 5.00pm on a Friday or at any time over a weekend will be despatched on the following Monday. Where Public Holidays fall on a Friday and/or a Monday an Order will be delivered on the next business working day.
3.8 An Order placed before 5.00 pm, the Seller will aim to deliver to the UK mainland the next working day (unless otherwise stated at time of order). If your Postcode begins with AB36-38, AB55-56, FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH19-26, PH30-41, PH49-50, HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3 and for the Republic of Ireland, please allow 2-3 days for delivery. The Seller will not be held responsible for any delays.
3.9 Delivery charges are calculated based upon the weight and/or volumetric weight of the goods applicable to the total order value and the delivery address of the Buyer. Delivery surcharges for specified timed and weekend deliveries are also offered, at an applicable premium pricing structure.
3.10 Some Goods may be delivered to the Buyer directly from the manufacturer and third-party suppliers. Occasionally a supplier is unable to deliver directly outside of the UK mainland and in such instances the Buyer will be advised at time of order if this is the case.
3.11 Deliveries are made using a recognised carriage provider. Goods are intended to be 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 Buyer, at the Buyer's own risk.
3.12 Goods cannot be delivered to PO Box addresses or the overseas equivalent. If a self-storage unit is selected as a delivery address, it is the buyer’s responsibility to ensure the delivery can be accepted and there are facilities to assist with the unloading of goods. Failure to accept delivery will be subject to re-delivery and goods handling fees.
3.13 Spend £250 on goods ex VAT to qualify for free delivery. Free Delivery Over £250 applies to UK mainland addresses where we don’t receive heavy surcharges only. European addresses, Ireland, Northern Island, the Scottish Highlands, the Isle of Wight, Isle of Man, Channel Islands and the Hebrides are excluded. Express and premium service upgrades like pre-10am and Saturday delivery are excluded from our free offering. Free Delivery Over £250 covers up to a maximum of £100 delivery charge.