“The Seller” shall mean Sew Europe Ltd
“The Buyer” shall mean the entity contracting with the Seller.
“The Goods” shall be construed as the subject of the contract between The Seller and The Buyer.
Acceptance of terms
Upon acceptance of the Sellers quotation for the goods the Buyer shall be bound by the conditions of sale herein. These conditions made not be qualified verbally but only if any qualification of the same is committed to writing and signed by or on behalf of the Seller and the Buyer.
The interpretation of these conditions shall be at all times be in accordance with English law.
Acceptance of order
Any quotation provided by the Seller should be considered as and invitation to treat and the Seller shall not be bound to meet the Buyers order unless the Seller has submitted to the Buyer a written acknowledgement and acceptance and the Buyers order and no contract shall be formed as between the Seller and the Buyer until the written acknowledgment and acceptance is dispatched to the Buyer.
Prices are quoted for the goods only net of value added tax and the Buyer should pay to the Seller value added tax at the prevailing rate at the time of invoice in addition to the quoted price. The price does not include delivery or any other service by the Seller unless specifically stated in the quotation and confirmed by the Seller in writing.
Variation of Order
The Buyer shall not be entitled to vary its order without the Seller written consent which the Seller may make conditional upon the Buyer meeting the Sellers additional cost or attributable losses.
Once the Buyer has accepted the Sellers offer, the Buyer may not cancel that order without the Sellers written consent, this must be made within 48 hours of the order being processed. If the Buyer cancels there order once the items have been dispatched, the seller reserves the right to refuse a refund on the order, or deduct up to 25% of the original selling price for a restocking/admin fee. As the returns policy states below, delivery charges are non-refundable unless the goods being returned have been sent to you in error by the seller. On bespoke manufactured projects, we are unable to offer a full refund and have the right to deduct up to 25% of the refund amount.
Returns & Refund Policy
Should you wish to return anything bought from the seller, we will be happy to refund the buyer provided it is in fully resalable condition. Please note that the buyer’s right to return Products does not apply to Products which have been specifically manufactured or specially bought in for the buyer. Returns should be made within 14 days and in original, undamaged packaging. If we, the seller find that the product has not been returned to us in fully resalable condition or within the allocated time we reserve the right to refuse a refund on the item, or deduct up to 25% of the original selling price from the refund amount for a restocking fee. Returns will only be refunded or a credit applied to your account after we have received the goods and they meet the above criteria. Please ensure when the buyer returns goods via Royal Mail or Courier that a copy of your invoice/receipt is enclosed with the goods. We cannot apply any refund or credit without a copy of your invoice/receipt or proof of delivery. Please note delivery charges are non-refundable unless the goods being returned have been sent to you in error from the seller.
Damaged or Defective good
Goods which do not conform with the Buyers order or which are in a damaged state at the time of delivery or proved defective shortly after delivery shall be reported by the Buyer to the Seller as soon as is reasonably practicable but without derogation of the Buyers statutory rights to the Seller shall not be obliged to accept the return of the goods and credit the Buyer unless the Buyers complaint is manifestly correct.
Interest On Late Payment
The date for payment for the goods by the Buyer shall be such date as shall have been expressly or impliedly agreed between the Buyer and the Seller on acceptance on the Buyers offer by the Seller. If the Seller invoice remains unpaid or partially unpaid by the date expressly or impliedly agreed for payment between the Buyer and the Seller the Seller may at any time there after give the Buyer seven days’ written notice for immediate payment on expiry of that notice where upon the time for non payment shall become of the essence. If upon expiry of the Sellers notice the Sellers invoice remains unpaid or partly unpaid the Seller may by further written notice to the Buyer claim interest on sums then outstanding from the Buyer at the rate up to 10% per month until the Buyers liability to the Seller shall be discharged in full.
The Buyer shall be obliged to accept delivery of the goods from the Seller within seven days of the Seller confirmation and acceptance of the Buyers offer but the method of delivery shall be that as maybe agreed in writing between the Seller and the Buyer. If such agreement imposes an obligation on the Seller to deliver the goods then time shall not be of the essence on delivery and the Seller shall not be liable for any losses sustained by the Buyer for late delivery as a result of strikes, lock-outs, non delivery of material or parts by any manufacturer or by un foreseen circumstances, for delays caused by carriers nor for any delay caused by the Buyer nor for any other reason unless there shall appear top be an culpable failure on behalf of the Seller.
If the goods are to be delivered by a carrier then the goods will be deemed to have been delivered to the Buyer in safe and sound condition on the date specified for delivery unless the Buyer shall otherwise advise the Seller in writing within three days of the due date for delivery in the event of the Buyer failing to give such notice then without derogation of the Buyers statutory right the Seller shall not be obliged to replace, repair, or compensate the Buyer for the damage to or non-delivery of the goods and the Buyer shall settle the Sellers invoice for the goods in full.
The insurance risk in the goods shall pass to the Buyer immediately delivery is accepted and shall include collection of the goods by the Buyers carrier.
Title of Transfer
Until the Buyer shall have paid for the goods in full including any interest due on the whole or part of the purchase price in accordance with condition and herein the property in the goods or any part of them will not pass to the Buyer. Of payment of the Sellers invoice is not made within seven days of the Sellers notice served pursuant to condition and the Seller or the Sellers duly authorized agent should be entitled to enter on to the premises of the Buyer to repossess and remove the goods. At all times after the Buyer has accepted delivery of the goods and until property in the good passes to the Buyer by payment of the Sellers invoice with any interest due there on the Buyer shall hold the goods as baillee and will keep the good in a safe and sound condition insured to the full replacement value thereof. The seller has the right to appoint a agent to recover any monies owed and has the right to charge court costs and recovery fees in addition to any money already outstanding.
Neither the Buyer or the Seller shall assign its rights or obligation under the agreement without the written consent of the other
All disputes, differences or questions at any time arises between the Buyer and the Seller as to the construction of these conditions of sale as to any matter or thing arising out of the contract between the Buyer and the Seller or in any way connected there with shall be referred to the arbitration of a single arbitrator who shall be agreed between the parties or who failing such agreement shall be appointed at the request of either party by the president of the law society. The arbitration shall be in accordance with the arbitration act 1950 and any statutory modification of re-enactment thereof at the time being in force.
If The Buyer has requested an account with The Seller, the seller can automatically credit check the Buyer to ensure that they will have a clean account. Late payment’s may result into The Buyers account to be placed on “stop” and no further work will be carried out by The Seller until payment has been brought up to date. This is a mandatory requirement and if account terms are not kept too then The Buyer is breaking terms of agreement and The Seller may take legal action against any late or unpaid invoices. This applies to all sales and service work under-taken by The Seller.
On all new equipment that The Seller supplies, they come with a 12-month warranty as standard and all used equipment comes with no warranty unless stated by a member of staff. This warranty has to be in writing with a signature from The Seller. The Buyer must have a copy and The Seller must hold the original warranty agreement. These warranties do not include Standard Parts such as Hook & Base, Needles, Needle Plate, Presser Foot or Feed Dogs etc. Any new equipment which may become faulty can be repaired free of charge but has to be returned at the customers expense to our Office in Liverpool. If the customer cannot return the machine to our head office, then we have to charge travel time and mileage. However the repair is free of charge (excluding parts needed). All warranty is void if a third party engineer has tampered or been called in to look at the machine.
We have the right to change these terms and conditions at any time, without any consent.