Terms and Conditions

Samurai International Sportswear Ltd

Terms and Conditions

 

  1. TERMS OF CONTRACT

Samurai International Sportswear Ltd, “the Company”, sells the goods listed in this catalogue (“Goods”, which expression shall as the context admits refer to all or any of such Goods) exclusively upon the terms set out below (the “Terms”). The “Customer” shall refer to any person, firm, company or other organisation placing an order for any goods.  The placing of an order or acceptance of the goods is deemed to constitute an agreement to observe and be bound by the terms and any concession, latitude or wavier that may be or may have been allowed by the company at any time shall not prevent the Company subsequently exercising its full rights under the Terms.  “Time will not be the essence of the contract”.  Part and late deliveries will not, therefore, be a justification for withholding payment in any case.

 

 

  1. 2.     ORDERS

All orders should be sent direct to Samurai International Sportswear Ltd, House of Samurai, Salamanca Road, Long  Stratton, Norwich, NR15 2PF. 

 

 

  1. 3.     PRICES

Goods will be invoiced at the price stated on the agreed sales order at the date of despatch.  All prices given by the Company are “delivered mainland UK” which includes cost of packing cases where applicable.  Prices given by the Company exclude Value Added Tax, package and carriage, which will be charged to the customer in addition.  Carriage paid goods will be delivered to the customer by the cheapest reasonable method and route unless otherwise requested. The customer shall bear all additional costs invoiced by the Company in respect of any other agreed method of delivery.

 

 

  1. 4.     CUSTOMER ACCOUNTS

Trade customer accounts are available on completion of the appropriate credit application form. The Company will then carry out credit checks and approach trade references to set an appropriate credit limit, if it is decided that credit cannot at present be given the customer may continue to trade with the Company on a pro-forma basis. Regardless of this all 1st orders will require a 50% payment at point of order and a 50% balance prior to delivery.

 

 

  1. 5.     DISCOUNT, PAYMENT TERMS AND OVERDUE ACCOUNTS
    1. Cleared payment for Goods is due in full within the agreed payment terms.
    2. Without prejudice to any other right of the Company, interest will be charged both before and after any judgement on all sums owing to the Company which are 30 days overdue at the rate of 5% above the Bank of England base rate per month or part month from the date such sums became 30 days overdue until the Company receives payment in full thereof together with such interest.
    3. Without prejudice to any other right of the Company, the Company reserves the right to withhold delivery of all goods to the customer if any sum owing to the Company from the Customer is overdue until such sum is paid in full together with any interest due thereon.
    4. The Company reserves the right to negotiate independent settlement terms for any new accounts or where special circumstances prevail.  These terms to be confirmed in advance and confirmed in writing.
    5. The Company shall accept payment by electronic transfer, cheque, debit / credit card, cash, paypal or Sagepay.

 

 

  1. 6.     SHORTAGES, DAMAGE, RETURNS
    1. If upon delivery any Goods ordered by the Customer are found to be missing or damaged the Company will use its reasonable endeavours to assist the Customer in making a claim against the carrier by showing that the relevant Goods were delivered to the carrier in sound condition provided that the Customer notifies the Company and the carrier of all relevant details in writing within 3 days of such delivery.  Failure to take action within such time will render such assistance by the Company entirely discretionary.
    2. b.     If upon receipt of any invoice from the Company the Customer finds that any consignment of Goods covered by such invoice was not received by the Customer then the Company will use its reasonable endeavours to assist the Customer in making a claim against the carrier by showing that such consignment of Goods was delivered to the carrier provided the Customer notifies the Company and the Carrier of all relevant details in writing within 7 days of the date of such invoice.  Failure to take action within such time will render such assistance by the company entirely discretionary.
    3. The Company shall be under no obligation to accept returned Goods (unless such Goods breach any warranty given at clause 8 a but may in its absolute discretion do so by prior agreement with the Customer.  If the Company does so agree then the Customer must return such Goods carriage paid and provide to the Company under separate cover the date and the number of the relevant invoice and (if possible) return the relevant delivery note.  The Company reserves the right to impose a handling charge of 30% of the invoiced value of returned goods and (if the Customer has not already paid the relevant invoice) such handling charge (if imposed) must be paid forthwith upon return of the Goods and the Company’s acceptance of such returned Goods shall be conditional upon prompt payment thereof.
    4. For the avoidance of doubt the company shall not be responsible for the acts or omissions of any carrier.

 

 

  1. 7.     EXPORT

Goods are sold to the Customer on the express condition that the Customer will not (directly or indirectly) export them to any country outside the European Economic Community.

 

 

  1. 8.     FORCE MAJEURE

The Company shall not be liable to the Customer for any inability to perform or delay in performing any of its obligations hereunder where such inability or delay as aforesaid is caused (directly or indirectly) by any event or circumstance beyond the Company’s reasonable control including (but without Limitation) any trade dispute, strike or lock – out involving its own employees or the employees of any supplier or carrier.

 

 

  1. 9.     LIABILITY
    1. The Provisions of Section 12 to 15 inclusive of the Sale of Goods Act 1979 (as may from time to time be re-enacted updated or amended) shall apply to and be incorporated into these Terms so that such provisions shall apply to the Goods at the time that the risk in such Goods passes to the Customer under Clause 9.
    2. The Company does not limit or exclude liability for death or personal injury resulting from its negligence of any servant or agent (but not independent contractor) of the Company.
    3. Subject to Clause 8 b, the warranty referred to in Clause 8a is in substitution for and shall replace all conditions and warranties on the part of the Company implied by statue, common law otherwise all of which are expressly excluded.  The Company does not make or give, nor has any servant or agent of the Company authority to make or give any representation or undertaking as to the quality of the Goods or their correspondence with any description or as to their fitness for any particular purpose.
    4. Subject to the Clause 8 b, in the event that, notwithstanding the preceding provisions of the Clause 8, the Company is found liable for any loss or damage suffered by the Customer, that liability should in no event exceed the amount paid by the Customer to the Company hereunder excluding Value-Added Tax.
    5. Notwithstanding anything else contained in these Terms, in no circumstances shall the Company be liable to the Customer, their sub-contractor, sponsor or any third party, either in contract or in tort, for any indirect, incidental or consequential loss suffered by the Customer on account of any faulty goods, act or omission on the part of the Company. “Consequential loss” shall include loss or profit, goodwill or any other financial loss, any payment made or due to the third party, and any loss or damage caused to any property belonging to the Customer or any third party.

 

 

10.   RISK AND TITLE

9.1           Risk in the Goods shall pass to the customer at the time the Goods are consigned to the carrier for delivery to the Customer.

9.2           Until the Company has received full payment from the Customer for all Goods delivered to the Customer and of all other sums due from the Customer the following terms shall apply:

(i)             The property in the Goods supplied by the Company shall remain in the Company as legal and equitable owner thereof and the Customer shall be entitled to possession of the Goods only which shall be held by the Customer as a bailee on behalf of the Company and the Customer shall store the Goods in such a way as to be identifiable as the property of the Company.

(ii)            The Customer shall keep the Goods insured against all risks in their full replacement value and if requested by the Company shall execute an assignment in favour of the Company of all rights of the Customer to claim against the insurers in respect of the Goods covered by such insurance and shall join the Company in notifying such insurers of the Company’s interest in any policy effected hereunder.

(iii)           Notwithstanding the provisions of (I) above the Customer shall have a licence to sell the Goods supplies by the Company to the Customer which licence may be immediately terminated by the Company at any time upon giving the Customer written notice thereof provided that (without prejudice to any other rights of the Company) such licence shall automatically terminate if the Customer (being an individual) becomes bankrupt or if the Customer (being a Company) adopts a resolution for its winding up or of any petition is presented for the appointment of an administrator or a receiver or an administrative receiver as appointed in respect of any part of the Customer’s undertaking or assets or if the Customer is unable to pay its debts within the meaning of section 123 of the insolvency Act 1986 (or any re-enactment or further enactment thereof) unless the Company otherwise agrees to the continuation of such licence.

(iv)           The proceeds of any such sale and the benefit of any such contract of sale shall to the extent of the sums referred to above owing to the Company from the

(v)            Customer be held in trust for the Company absolutely and the Customer shall pay all proceeds of such sales into a bank account in the name of the Customer separate from all other monies of the Customer and shall notify the Company thereof and the bank of the Company’s interest in such account.  On receipt of notice in writing from the Company all proceeds of sales made by the Customer shall (to the extent of sums referred to above owing to the Company from the Customer) immediately be paid to the Company.

(vi)           At any time after the termination of the above licence the Company may repossess the Goods and for this purpose the Customer grants to the Company an irrevocable licence to enter upon any premises of the Customer and to use such measures as may be reasonably necessary to gain access to such premises and recover possession of the Goods.

 

11.   GENERAL

10.1         The Customer shall not assign any benefit or burden of these Terms.

10.2         The Clause headings in these Terms are for ease or reference only and shall not affect their interpretation.

10.3         The Company shall be entitled to despatch goods comprised in an order by one or more instalments and to issue an invoice in respect of each such instalment.

10.4         No variation or addition to the conditions will be recognised by the Company unless accepted and confirmed by the Company in writing.

 

 

  1. 12.   LAW

These terms shall be governed and constructed in accordance with the laws of England to the non-exclusive jurisdiction of whose courts the Customer agrees to submit.

 

Samurai International Sportswear Ltd

Terms and Conditions

These Terms and Conditions apply to all purchases form our website.

Please read them carefully before placing an order.

1. Acceptance of your order:
We must receive payment of the price of the products and the delivery charges before we can accept your order. We reserve the right to restrict the number of products you may order and to refuse any order. If you have provided us with your email address you will receive an email from us confirming that we have received your order. This email is sent automatically and does not mean that we have accepted your order. We will notify acceptance of your order by sending an email to you stating that your order has been accepted and despatched. Otherwise, our acceptance of your order takes place upon delivery of the products. Only when we have accepted your order is a binding contract created between us.

2. Prices:
Our prices are set out on our website in Pounds Sterling and are inclusive of United Kingdom-rated VAT where applicable. You are responsible for the disclosure and payment of any import duties or other taxes which apply in the country to which the products are delivered. Prices remain in force until we publish new prices on our website. Delivery charges may apply and are displayed during the order process.

Whilst we try to ensure that all prices on our website are accurate, mistakes can sometimes occur. If we discover an error in the price of products you have ordered we will contact you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as being cancelled. If the order is cancelled, we will refund any money, which we have taken from you.

We reserve the right to change our prices.

3. Availability:
All orders are subject to availability of products. If products you order are not available we will notify you (where possible) and, if we have received the price and the delivery charges of the unavailable products, we will refund them to you within 30 days of your order unless you agree to a longer period.

4. Delivery:
Our aim is to get your order delivered within 3 working days of receipt of payment to addresses within the United Kingdom and within 10 working days of receipt of payment to all other addresses (Please allow up to 28 days for delivery). All products require a signature when delivered. If products are returned to us as undeliverable we shall attempt to contact you to arrange re-delivery. This will incur an additional postage charge. If we are unable to contact you we will refund the price of the products only. The original postage charge cannot be refunded due to administrative costs. Once the products are delivered they will become your risk and we will not be liable for any subsequent damage, loss or destruction to them. 

Please note that missing parcels to UK addresses cannot have a claim started until 15 working days after date of dispatch. For overseas orders, a claim cannot be started until 25 working days have passed since the date of dispatch.

Whilst we sympathise, we are unfortunately unable to offer any refund on missing parcels until Royal mail have deemed the parcel to be lost. This can take up to 28 days from the date of claim. 

5. Right of Cancellation:
The United Kingdom's Distance Selling Regulations 2000 provide you with a right to cancel your order for products at any time up to the end of the seventh working day following the day after the day on which you received the products. You do not need to give us any reason for cancellation.

If you wish to cancel your order please write to us at Online Shop, Samurai International Sportswear Ltd, Samurai House, Salamanca Road, Long Stratton, Norwich, NR15 2PF with details of your cancellation. If you have already received the products you must carefully repackage and return them to us. For products to be returned from within the United Kingdom, they must be addressed to, Samurai International Sportswear Ltd, Samurai House, Salamanca Road, Long Stratton, Norwich, NR15 2PF. Until you have returned the products to us, you must keep them in your possession and take reasonable care of them. We will credit the price of the cancelled products. Please note that any carriage charges already incurred by Samurai International Sportswear Ltd at the point on cancellation will not be credited.

6. Returns Policy:
In addition to the right of cancellation in condition 5 above, we operate a Returns Policy. If for any reason you are not satisfied with any products bought from this website you may return them to us within 28 days of purchase for a refund or exchange. All items must be returned 'as sold': in resalable condition, unworn, in original packaging with all swing tickets attached. If a returned item fails to meet one of these requirements we cannot accept the item back. On the back of the invoice / dispatch note is a returns form and label which both explains the returns process and requires you to complete the appropriate section so we know what action to take.

When returning items for exchange, an additional postage charge will be required to re-send the exchanged item. When returning an item for a refund we are unable to reimburse the return postage charge.

To return a product under this Returns Policy please send the item to:

Samurai International Sportswear Limited,
Samurai House,
Salamanca Road,
Long Stratton,
Norwich, Norfolk,
NR15 2PF.

You must provide us with the original invoice, despatch note or other proof of purchase.

Faulty / Defective Goods:

If the manufactures recommended cleaning instructions are followed and the product has been used for its intended purpose, generally almost all faults will appear within the first 3 months after purchase. For this reason you may return any faulty item up to 3 months after the date of purchase. This product would then be professionally inspected for any faults of manufacture and a judgement made. If the damage to the product is deemed accidental damage/wear and tear, the product will be returned to the customer. If the inspection reveals any fault of manufacture then the product will be exchanged for new replacement product or fully refunded. If a product is deemed faulty, we will re-imburse you with reasonable costs of your return shipping charge if you include a receipt.

Under extreme circumstances, providing the product does not show excessive wear or neglect, a product may still be defective after 3 months of purchase. You may therefore return the item for an assessment by one of our specialists. These products may take longer to evaluate as often the manufactures approval or intervention is needed. Unfortunately, after this period of time, any products that are sent back to us for an inspection are done so at the customers own risk. We cannot guarantee to be able to offer any refund or replacement on products returned to us after this period of time.

We evaluate each returned faulty product professionally and as quickly as possible with an aim to keep every customer satisfied with the highest level of customer service possible.

Please note: all faulty goods must be clean, dry and free from dirt and mud; we will not process any return we deem to be too dirty or wet.

Nothing in this Returns Policy affects any statutory rights you may have as a consumer.

7. Product Liability:
No liability will be accepted for products where they have been decorated by a third party.

8. Complaints and Liability:
All complaints should be addressed to:

Online Shop,
Samurai International Sportswear Limited,
Samurai House,
Salamanca Road,
Long Stratton,
Norwich, Norfolk,
NR15 2PF

If products we deliver to you are not as ordered or are damaged, defective or of incorrect quantity you should contact us within 7 days of delivery. We will replace the incorrect, damaged or defective products or make good the shortfall in quantity or, at our option, credit the price and delivery charges of those products to you.

If you do not receive products ordered you should notify us within 28 days of the date of your order. We will deliver the products ordered or, at our option, credit the price and delivery charges of the non-delivered products to you, or if we have not accepted your order and have been unable to contact you, we will notify you of the reason for non-acceptance.

Nothing in these Terms and Conditions shall be construed to exclude or limit any rights you may have as a consumer to the extent that such liability and rights may not be excluded or limited under applicable statute or law.

10. Validity:
If any of these Terms and Conditions are unenforceable it shall not affect the enforceability of the rest of these Terms and Conditions.

11. No Variation or Representation:
Nothing said by our sales personnel shall amount to a variation of these Terms and Conditions unless given in writing by a Director of Samurai International Sportswear.

12. Third Party Rights:
We may transfer our rights under the contract, but otherwise nothing in these Terms and Conditions shall give any person who is not a party to the contract any benefit or any right to enforce any of the terms of the contract.

13. Governing Law and Jurisdiction:
Your order and the formation of the contract shall be governed by and interpreted in accordance with English law.

The English Courts shall have jurisdiction to hear disputes between us.

14. Customised and personalised orders
Please allow up to 7–10 working days for dispatch on all personalised items subject to workshop lead times. Please Note that due to the customised nature of a these products, we are unable to offer any refunds or exchanges on personlalised items. Samurai International Sportswear cannot accept any responsibility for incorrect sizes ordered once any garment has been personalised. If you are unsure on the size of the garments, please refer to our online size guide for full details or call our customer service team on 01508 535296 who will be pleased to assist you in ordering the correct size. Please ensure that names and numbers are correctly spelt at the time of ordering. This does not affect your statutory rights.