TERMS & CONDITIONS OF TRADE – SAMURAI APPAREL LTD – July 2021
Once your order has been ‘Checked & agreed’ in writing (letter/fax/email) by YOU, it is deemed to be ‘CONFIRMED’.
WE, US, OUR, SAL: Samurai Apparel Ltd t/a Samurai Sportswear
YOU, YOUR: The legal entity who are purchasing/in the process of purchasing goods from SAL.
Consumer: an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession
Once your order has been ‘Checked & agreed’ in writing (letter/fax/email) by YOU, it is deemed to be ‘CONFIRMED’. Once an order is CONFIRMED, the contract between us will have been formed and these terms will be become binding on YOU. YOU are obliged to accept delivery, pay the agreed price and adhere to the payment terms of the order. We are unable to make changes to a CONFIRMED order.
If YOU are a Consumer you have a legal right to change your mind and cancel the contract by notifying us in writing within 14 days of the date on which you receive the goods and request a refund. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. All items must be returned “as sold”; in a resalable condition, in their original packaging, swing tags and tickets attached and unused. We may reduce your refund to reflect any reduction in the value of the goods. Please however note that where YOU have ordered bespoke garments, “made to order”, personalised or customised goods then you will not be able to cancel any order once it has been CONFIRMED by us.
All designs and logos represented on SAL job sheets are for guidance only and are not to scale unless measurements have been added. Where YOU require the goods to comply with a particular specification YOU shall supply US with such specification at the time of placing the order and YOU should ensure that all measurements, logos and/or graphics are correct and accurate. WE shall in no way be responsible for any such errors or inaccuracies.
All risk in relation to the goods passes to YOU upon delivery but the title to the goods remains vested in SAL until ALL sums owed by YOU have been paid in full.
If no credit account is active; All orders below £1,000 will require 100% payment with the order confirmation and this forms part of the CONFIMATION process. For clarity, no goods will be ordered from our factory (bespoke) or picked from our warehouse (stock) until we have sight of cleared funds. All orders above £1,000 will require 50% payment with the order confirmation and the 50% balance payment prior to goods being despatched. For clarity, no goods can be despatched from our warehouse until we have sight of cleared funds paying the order in full. It is recommended that full and final payments are made in good time prior to the arrival/completion of goods to avoid us having to hold goods pending funds clearance.
Trade credit terms are available by separate negotiation. Please speak to your Account Manager if you wish to apply for a credit account. NOTE this application process normally takes 10-14 days to reach a conclusion.
For any overdue payments of over 30 days, or at such time when payment plans are requested, SAL reserves the right to charge interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate. Such interest shall accrue on a daily basis from the due date until the date of full payment of the overdue amount. Interest shall be paid together with the overdue amount. SAL shall be entitled to suspend performance of its obligations under the agreement until payment of the overdue amount and interest has been made.
Whilst the products supplied bear the SAL brand logo YOU cannot purport to represent or make any commitment on behalf of Samurai Apparel Ltd t/a Samurai Sportswear.
The target delivery date is an estimated delivery date at the point of sale and WE shall endeavour to meet this. The, lack of raw materials, late or disadvantageous delivery of goods, conditions that constitute “Force Majeure” meaning an excusable delay, unforeseen circumstances proved to be beyond the reasonable control and without the fault or negligence of the Purchaser or SAL including but not limited to acts of God, natural disasters, fire, flood, explosions, earthquakes, accident, civil unrest, any act of the Government of the Purchaser or the Supplier, war, insurrection, embargo, actions of the other party, riots, or strikes affecting the Purchaser, the Supplier or the Customer. The parties non-compliance with any rule, regulation or government agency shall not constitute Excusable Delay, or the failure of the Purchaser to furnish necessary information or instructions for any reason whatsoever, release US from the agreed delivery dates, and if necessary, from the contracted responsibility for delivery.
Any goods requested to be shipped using British Forces Post Office (‘BFPO’) are done so at the risk of the customer. We shall in no way be liable to YOU for any claims, losses, damages or delay arising out of the use of BFPO services. Once the package/shipment has been scanned as received by the carrier it becomes the responsibility of that shipping provider and the BFPO directly to deliver it to the destination address and obtain a signature from the receiver.
SAL shall, under no circumstances whatever be liable to YOU whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with YOUR order.
SAL shall be not liable for any failure or delay in performing OUR obligations under these terms to the extent that such failure or delay is caused by an event beyond OUR reasonable control.
SAL reserve the right to split the supply of the ordered goods into more than one delivery.
If SAL have failed to comply with YOUR confirmed order instructions or the product is faulty we will happily exchange the product within a reasonable time scale.
Notification of an issue/fault/shortfall with an order must be made in writing to SAL within 7 days of delivery. The goods must be returned in unused condition in their original packaging and the cost of any loss, damage or reduction in value of the goods will be borne by the customer.
By confirming YOUR order you undertake to SAL that YOU have the right or full permission for any logos which are contained in YOUR order specification. We shall in no way be liable to any third party for YOUR unauthorised use of such logos or imagery and YOU hereby fully indemnify SAL against any such claim or liability.
The Consumer Rights Act 2015 provides that goods must be as described, fit for purpose and of satisfactory quality. If YOU are a Consumer you may be entitled to obtain a refund for any faulty goods that SAL supply within 30 days of purchase. After 30 days YOU may still in limited circumstances be entitled to a refund although only where SAL cannot repair or replace such goods. If YOU wish to exercise your legal rights to reject products as a Consumer YOU must send the goods back to us before we can process and repair, replacement or refund.
SAL will use the personal information YOU provide to us in accordance with our Privacy Notice at https://www.samurai-sports.com/pages/privacy-policy/.
If YOU are a Consumer based within the EU you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with SAL. Details of this service can be found at www.ec.europa.eu/odr
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
These terms and all contracts between the parties shall be governed by English Law and YOU agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Retention of Title
It is understood that the products remain the property of the seller/supplier, until the buyer has completed full payment. Until such point the seller shall and hereby does retain full legal title to and beneficial ownership of each unit of the products for all purposes notwithstanding the delivery to and possession and use of such unit by the buyer.
If at any time you are dissatisfied with your SAMURAI experience please contact us on +44 (0)1508 531 010 or email on firstname.lastname@example.org
In accordance with Consumer ODR Regulation, European based customers who are not satisfied with our complaint procedure about a product or service bought online at SAMURAI can submit an online form via the Online Dispute Resolution website.