All orders are accepted only upon and subject to the terms and conditions set out as follows. These terms and conditions shall prevail over any terms and conditions in the Customer’s order and any previous terms and conditions of Style Within Limited whether oral or in writing.
Value Added Tax
VAT is charged at the standard rate. VAT at the current rate is shown in the pricing schedule, but if there is an increase in VAT between the date of acceptance of the order by Style Within Limited, and the date of actual delivery to the Customer, then the increase shall be paid by the Customer.
Cancellation or Amendment
Cancellation of any order shall be subject to a cancellation charge of 10% of the order, or the total cost of re-stocking the goods (including carriage and administration charges). If any deposits have been paid to suppliers, Style Within Limited will make reasonable approaches to suppliers to see whether such deposits can be returned in whole or in part, but cannot guarantee that such will be forthcoming.
Carriage cost shall be additional to the price indicated unless specifically included.
Liability for Damage
Style Within’s liability in respect of damage or defective goods howsoever arising, shall be limited to the cost of replacement or repair of these goods including carriage. Style Within Limited shall otherwise in no circumstances be liable under this agreement for any consequential loss or economic loss howsoever occasioned or sustained by the Customer.
Terms of Payment
The payment schedule is as defined in the contract. Style Within Limited reserves the right to charge interest at the rate of 10% of each outstanding invoice total, per month or part thereof, on overdue accounts. For avoidance of doubt, if an invoice of £1000 is issued but only part-paid, the 10% fee per month applies on the full value of £1000 (so £100 per month), and not just on the sum outstanding.
Property in the goods supplied will only pass to the Customer on payment of the purchase price in full (together with interest thereon if applicable) and upon payment of all other sums due at the time of delivery in respect of other goods previously supplied. If Style Within Limited has not received payment on or before the due date, it shall on giving 7 days prior written notice of its intention, and without prejudice to any other remedies to which it might be entitled, repossess all and any of its property which is in the hands of the Customer or of other persons holding the same on behalf of the Customer and the Customer shall do all things necessary to facilitate such repossession. If the customer has resold or otherwise disposed of any goods which, under this clause, were at the time of such dealing with the goods the property of Style Within Limited, the customer shall bound to account to Style Within Limited for and to pay over to Style Within Limited such proportion of monies received by or credited to the Customer in respect of such sale or other disposition as is equivalent to the outstanding balance of the purchase price and interest thereon.
Any evolving work judged to be additional, shall be referred to the Customer for discussion and agreement before any additional work proceeds.
Style Within Limited is under no obligation or liability whether for breach of contract or negligence including economic or consequential loss in respect of delivery or failure in delivery of the goods comprised in any order or contract caused directly or indirectly by reason of force majeure including but not limited to war, fire, explosion, storm, strikes, lock outs, and other labour troubles, embargo, other governmental prohibition or restriction, interruptions, of or delay in all difficulties in obtaining with respect to carriage. If force majeure shall continue for a period exceeding six months, then either Style Within Limited or the Customer may terminate this contract forthwith by notice to the other in writing upon receipt of which by the other this Agreement shall be null and void.
Intellectual Property Rights
So far as Style Within Limited is aware, no goods supplied under this contract infringe the intellectual property of any third party whether such rights take the form of letters patent, registered design, registered copyright, trade mark or any similar right (but no warranty, express or implied is given against the existence of any such right).
If the customer defaults in paying any sums due to Style Within Limited his property or assets or if the customer makes or offers to make any composition with creditors or commits any act of bankruptcy or if any petition is represented for a receiving order or liquidation in the case of a company or if the Customer being a company is de-registered by the Register of Companies, Style Within Limited shall be entitled at any time thereafter to determine the contract without derogation from its rights to recover money due and damages hereunder.
This contract shall be construed in accordance with English Law.
The parties expressly agree that should any limitation or provision contained in this contract be held to be invalid under any applicable statute or rule of law, it shall to that extent be deemed omitted and if Style Within Limited thereby becomes liable for loss or damage which otherwise has been excluded such liability shall be subject to the other limitations and provisions herein contained.
These terms and conditions form the entire agreement between the parties and no variation or alteration shall be made except in writing signed for and on behalf of Style Within Limited. Further, no warranty, condition, description or representation is given or to be implied by anything said or written in the negotiations between the parties or their representatives.