Terms and conditions

Caramarine Conditions of Sale

Definitions

In these conditions: “The Seller” or “Caramarine” – means Caramarine (SW) Limited t/a Caramarine.
“The goods” - means any item of whatsoever nature which is sold by the seller.
“Buyer” - means the person who buys or agrees to buy the goods from the seller.
“the contract” – means any contract (verbal or written) between the seller and the buyer.

General

(a) These terms and conditions shall not be varied unless agreed by a duly authorized officer of the seller.
(b) All contracts for the supply of goods from the seller to the buyer shall incorporate and be subject to these conditions.
(c) Unless otherwise informed the placement of a contract (verbal or written) by the buyer on the seller will represent their agreement to these terms and conditions of sale.

Description

All specifications, descriptions, drawings and dimensions contained within the sellers catalogues, price lists and other advertising matter or submitted with any quotation or invoice are intended merely to present a general idea of the goods and do not form part of the contract. As a distributor the seller cannot be held responsible for the performance claims made by the manufacturer. Due to availability, the seller reserves the right to substitute the goods advertised with goods of similar or higher value or to that supplied by an alternative manufacturer and does not entitle the buyer to be discharged from the contract or to make a claim in respect thereof. Notwithstanding the foregoing, the buyer shall not be obliged to accept any goods which differ substantially in any of the above mentioned respects from the goods agreed to be sold if the buyer shows that he will be prejudiced by reason of such a difference.

Product changes and / or withdrawal:

Caramarine reserves the right to withdraw or edit the content any products and will incur no liability to you or any third party if we withdraw a product at any time from the catalogue or website.

Passing of property, title and risk.

(a) The ownership / title of the goods shall remain with the seller until payment for all goods whosoever and whomsoever supplied under this and all other contracts between the “parties” (the contracts) have been received by the seller in accordance with the terms of the contract.
(b) If such payment is overdue in whole or in part, the seller may (without prejudice to any of its other rights) recover or resell the whole or part of the goods supplied under the contract and the buyer grants the seller, its agents and employees, an irrevocable licence at any time, to enter any premises where the goods may be stored in order to inspect them, or where the buyers rights to possession has terminated, to recover them. The seller shall however, account to the buyer for any sum excess to that required to discharge the total liability of the buyer to the seller under the contract less all fees and costs incidental to and resulting from the exercise of the powers contained within this clause.
(c) Until ownership / title of the goods has passed to the buyer, the buyer shall hold the goods on a fiduciary basis as the seller’s bailee.
(d) The seller shall be entitled to bring an action for the price whether or not the property in the goods has passed.
(e) The goods shall be at the buyers risk immediately on receipt of delivery to the buyer and from such time the buyer will insure the goods for their full replacement value against all usual risks.

Terms of Payment (Account Customers only)

(a) Payment is required 30 days from date of invoice and should be adhered to at all times unless otherwise agreed in writing by the seller. Time for payment is of the essence. Failure to pay within these terms may delay future deliveries.
(b) Variations to the standard 30 day payment terms must be with prior written authorisation of Caramarine. This is for account customers only – new accounts are pro-forma until given account status.
(c) Failure to adhere to payment terms may result in the buyer’s trade account being suspended. Further business may be undertaken but on a pro-forma or COD basis.
(d) The seller reserves the right to charge interest from the date that the invoice falls due at a rate equivalent to that set for the purposes of section 69 of the county court act 1984 and will be applied on a daily basis from the date when the invoice was due until payment is received in full.
(e) The seller may before releasing any shipment to the buyer obtain credit approval in respect of all accounts.
(f) Payment can be made by bank transfer, cheque, cash or credit/debit card and only in £GBP. Note: Payment by credit or Debit card is subject to a 2% transaction charge of the total invoice value

Placement of Orders

By placing an order, the customer is deemed to be making an offer and the contract will only be formed only if the order is accepted by the company. We aim to provide an efficient order placement and processing system and orders are picked and dispatched in strict order placement rotation. To ensure we process orders to meet your delivery day expectations and to manage the warehouse queue effectively we have to operate a order placement cut-off time which is 12:00hrs/Midday of the day previous to your normal delivery day i.e. normal delivery day of Thursday – cut off for order placement is 12:00hrs/Midday on Wednesday. Whilst we will endeavour to fulfil orders placed after this time we cannot guarantee your order will be dispatched the following day. This does not apply to courier orders where orders are picked and shipped in order of placement.

Stock

The full range of products shown in our catalogue are normally held in stock subject to manufacturers availability and customer demand

Delivery

(a) Any dates for delivery are approximate only and subject to change without prior notice. The seller shall not be liable for any delay in delivery howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the seller in writing.
(b) Upon delivery it is the buyer’s responsibility to check the quality/quantity of the products received. Any damage or shortages must be notified in writing within 48hrs of delivery.
(c) Goods not available or on back order from the manufacturer at time of order will be delivered as soon as possible. For customers our van delivery area we do not support a back order system unless requested by the buyer in which case any backorders will be added to the buyer’s next delivery. If immediate delivery is requested by the buyer a carriage charge will be made. If backorders are requested it is the responsibility of the buyer to inform the supplier if these goods are no longer required.
(d ) Drop shipping: we are able to provide a drop-shipping service subject to freight costs and processing charge. This service is provided on behalf of the buyer and does not alter the terms of the contract.
(e) If the goods are returned to us as a result of the courier / Royal Mail being unable to contact you or your inability to collect the goods from the location as specified by the courier / Royal Mail we reserve the right to debit these charges from any refund amount.

Loss or Damage in Transit

On receipt of delivery from a courier, a legible signature of a responsible person of the buyer’s staff must be given to the couriers on their proof of delivery documentation (POD). Shortages or damage must be notified to the courier at the time of delivery and must be recorded on the couriers POD documentation. Details of shortages or damage must also be notified to the seller in writing within 24hrs of receipt of goods (quoting delivery note number, date, time, couriers POD details and number of packages in the consignment). Failure to adhere to this procedure may result in liability for damaged / missing goods being refuted by the seller.

Special Orders

Special Orders will be subject to minimum quantities and must be confirmed in writing. Full, non-refundable payment will be required at the time of order confirmation.

Returned Goods

Any goods returned by the buyer must be authorised by and is at the discretion of the seller. Goods which are authorised for return by the seller but not subject to warranty claims must be of a saleable condition, in its original and undamaged packaging and will be subject to a 10% restocking charge plus any associated costs in returning the goods to the manufacturer, if applicable. No correspondence over returned items will be entered into with any third party. Credit for returned goods will be issued at the end of the month of return or when received by the seller from the relevant supplier.

Defective Goods

The Company warrants that the Goods shall be of merchantable quality, and conform to any specification agreed by the Company in writing and that they will be within the normal limits of industrial quality of such Goods. . The warranty does not extend to any commercial use whatsoever. If a fault does occur during this period, we shall arrange to have the item repaired or replaced after it has been returned and inspected. Caramarine reserves the right to return faulty goods to the manufacturer for inspection and fault analysis prior to replacement or refund. All goods are sold in new condition are warranted to be of merchantable quality and if subsequently found to be faulty or defective will be replaced in the first instance or credited if stock levels preclude replacement and as required by the following conditions:
(a) Only articles with obvious faults in manufacture may be considered for exchange or credit by the seller.
(b) Due to the nature of use, tent poles do not carry a manufacturers warranty unless it can be proven as a manufacturing fault.
(c) We will not be responsible for any losses resulting from the use of any product including any consequential loss or additional costs incurred.
(d) Articles having an unreasonably short life in use following an unnoticed defect will be replaced or credited unless it can be shown that the item:
(i) has not been used in accordance with any instructions provided.
(ii) was sold by the buyer or used for any other purpose than that for which it is described.
(iii) has been used for a period after which “fair wear and tear” is applicable
(iv) has been abused or mutilated by the customer or to any other cause outside the sellers control
(e) it is the buyers responsibility in the first instance to ensure the customer is being given replacement goods or credit due to genuine product defects. Replacing goods or issuing credit to the customers is not the responsibility of the seller and does not automatically guarantee replacement or credit for the goods by the seller.
(f) except in respect of death or personal injury caused by the sellers negligence, the seller shall not be liable to the buyer by reason of any representation or any implied warranty condition or any other term or any duty at common law or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise) cost expenses or any other claims for consequential compensation whatsoever (and whether caused by the negligence of the seller, its employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by the buyer except as expressly provide in these conditions.
(g) the companies total liability in contract tort including negligence or breach of statutory duty, misrepresentation, restitution or otherwise , arising in connection with the performance of the contract shall be limited to the contract price.
(h) it is the buyers responsibility to return any defective goods to the seller. Carriage costs for faulty goods returned to the seller are the responsibility of the buyer.
(i) no correspondence over any claim will be entered into with any third party.
(j) The warranty covers all products being used for leisure purposes only and does not extend to any product being used in a commercial environment.

Determination

If the buyer shall break any provision of this or any other contract with the seller or suffer distress or execution or commit an act of bankruptcy or make any arrangements with creditors or go into liquidation (except for amalgamation or reconstruction) or have a receiver appointed or if the buyer shall be unable to pay its debts within the meaning of section 5 18 of the Companies Act 1985 or shall cease or thereafter cease or carry on business or if the seller reasonable apprehends that any of the events before mentioned is about to happen and notifies the buyer accordingly then the seller may (without prejudice to any other claim or remedy) forthwith suspend performance or determine this or any other contract by written notice and shall be entitled to immediate payment for goods already delivered, dispatched or ordered (whether or not any time for payment has expired)

Prices

All prices correct at time of press, are exclusive of VAT at the prevailing rate and are subject to alteration without notice. Orders are accepted only on the condition that the seller charges trade price(s) ruling on the day of dispatch without confirmation from the buyer. Taking payment from the customer’s credit or debit card does not constitute acceptance of the price displayed. Any discounts will be applied as negotiated. Prices displayed on the online ordering website are standard trade prices. Any variation through discounts or special prices will be applied via the individual invoice.
For the point of clarity, Caramarine does not offer a sale or return service.

Privacy policy:

The Information we collect is only used by us lawfully and within the Data Protection Act 1998 and we aim to make all online and other transactions as secure as possible with the use of encryption technology making it impossible for any data transmitted from your computer to be intercepted by others. No payment gateway is used for the purpose of ordering online via the Caramarine website and we do not share your company or personal details with any other organization, except where necessary to ensure that you receive the goods you purchase from us.

Website / on line ordering system:

Access to the on line catalogue / on line ordering system is at the discretion of Caramarine. Abuse of this system may result in access being withdrawn at any time without prior notice. Regular maintenance is sometimes required when access will be limited for short periods. Customers who have not accessed the site for periods in excess of 6 months may be required to re-register.

Cookies:

Cookies are not used by Caramarine as part of the online ordering process

Environment:

Caramarine constantly strives to reduce our impact on the environment. Paperwork is kept to a minimum and we endeavour to re-cycle as much as possible. As part of this policy we reuse our boxes and packaging for many of our shipments.

Carriage

(Applies to single delivery address in UK Mainland only. For deliveries outside mainland UK, Highlands and Islands, bulk or drop shipments, please contact the office):

(a) Carriage free orders within current delivery van area - £150 ex VAT. Orders less than £150 ex-VAT will incur a £10.00 +VAT carriage charge
(b) Carriage free orders outside the delivery van area - £250 ex VAT or £350 ex VAT for the Isle of Wight. Orders less than £250 (or £350 for Isle of Wight & Scottish Highlands) ex-VAT will incur a £15.00 +VAT carriage charge. Delivery to Northern Ireland, Scottish Islands and other non UK Mainland postcodes will be subject to quotation.

Severability:

Failure by the Company to enforce any of these terms will not affect its rights to enforce any of these terms at any time in the future. If at any time any of these terms or part of a term are/is found to be invalid or unlawful by any court then such term or part term shall be deemed severed from these terms and the remaining terms shall be deemed valid and subsisting. These terms are subject to change at any time without prior notice to you. The Company advises you to print and keep safe a copy of these terms

Force Majeure:

Caramarine will not be liable for non-performances of our obligations caused or resulting from industrial disputes or any other circumstances beyond our reasonable control.

Changes to Terms and Conditions:

Caramarine reserves the right to alter these Terms & Conditions at any time without the need to contact customers. These alterations will appear in the terms and conditions on the company website and apply to any orders received after the Terms & Conditions have been amended and made available on the web site.

Legal Construction:

The contract shall be construed according to and governed by English Law and subject to the exclusive jurisdiction of the English Courts
Updated May 2015