Trade only. We supply businesses, not consumers. Placing an order confirms you are buying in the course of a business.
1. These terms
These terms and conditions (the "Terms") apply to every sale of goods by Trade Titans Limited (company number 14777866, VAT number GB448787138) ("we", "us", "our") to a business customer ("you").
We sell to businesses only. By placing an order you confirm you are buying in the course of a business and not as a consumer. Consumer rights under the Consumer Rights Act 2015 do not apply to this contract.
These Terms apply to the exclusion of any terms you seek to impose, including any terms on your purchase order or other document. No variation to these Terms is binding unless agreed by us in writing.
2. Trade accounts
You must open a trade account before you can place an order. We may ask for information about your business, including company registration and VAT details, and we may carry out checks before approving an account.
We may decline an application, or suspend or close an account, at our discretion.
You must keep your account details accurate and tell us promptly if they change. You are responsible for orders placed using your account.
3. Quotations and orders
A quotation is an invitation to place an order. It is not an offer capable of acceptance and does not oblige us to supply.
Quotations are valid for the period stated, or if no period is stated, for 7 days. Quotations are subject to stock availability at the time of order.
A contract is formed only when we confirm your order in writing, or when we despatch the goods, whichever happens first.
Minimum order values apply and are stated on our site or in your quotation. We may change them at any time.
4. Price and payment
Prices are quoted exclusive of VAT and, unless stated otherwise, exclusive of delivery.
Unless we have agreed credit terms with you in writing, payment is due in cleared funds before despatch.
Where we have agreed credit terms, payment is due within the period stated on the invoice. Time for payment is of the essence.
If you do not pay on time we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, suspend further deliveries, and set off any amount you owe us against any amount we owe you.
You may not withhold or set off any payment because of a dispute or claim you say you have against us.
5. Delivery
Delivery dates are estimates only. Time of delivery is not of the essence and we are not liable for any loss caused by late delivery.
Delivery takes place when the goods are unloaded at the address you gave us, or when you or your carrier collect them from us.
You must inspect the goods on delivery. You must tell us in writing about any shortage, damage or incorrect goods within 3 working days of delivery, and about non-delivery within 7 working days of the invoice date.
If you fail to accept delivery we may store the goods and charge you the reasonable costs of doing so, or resell them.
6. Risk and title
Risk in the goods passes to you on delivery.
Title to the goods does not pass to you until we have received payment in full and in cleared funds for those goods and any other goods we have supplied to you.
Until title passes you must store the goods separately, keep them identifiable as our property, keep them insured, and not remove or obscure any marking on them.
Until title passes we may at any time require you to deliver the goods up to us, and if you do not do so promptly, enter any premises where the goods are stored to recover them.
7. Product information and compliance
We take reasonable care to describe the goods accurately, but product descriptions, images, ingredients, packaging and specifications are provided by the manufacturer or brand owner and may change without notice.
You are responsible for satisfying yourself that the goods are suitable and lawful for your intended market, channel and end use, including any labelling, language, safety, regulatory and marketplace requirements that apply to you.
Where goods are supplied for resale, you are responsible for complying with all laws that apply to that resale.
8. Brands and intellectual property
All trade marks, brand names, logos and other intellectual property in or relating to the goods belong to the relevant brand owner or to us. Nothing in these Terms transfers any such rights to you.
Buying goods from us does not give you a licence to use any brand owner's intellectual property beyond what is necessary to resell the goods in their original packaging and unaltered condition.
You must not alter, relabel, repackage, tamper with, or remove or obscure any batch code, barcode or identifying mark on the goods.
9. Returns
We do not accept returns of correctly supplied goods unless we agree in writing.
Where we agree to a return, the goods must be unused, unopened, in their original packaging and in resaleable condition, and must be returned within the period we specify. A restocking charge may apply.
Goods that are damaged, incorrectly supplied or short shipped must be notified within the periods set out in the Delivery clause above. If a claim is valid we will, at our option, replace the goods, credit your account, or refund the price.
10. Warranty and our liability
We warrant that on delivery the goods will correspond with their description in all material respects and will be free from material defects.
This warranty does not apply where the defect arises because you failed to follow our or the manufacturer's instructions, or because of your alteration, mishandling, or improper storage of the goods.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
Subject to the paragraph above, we are not liable to you for loss of profit, loss of sales or business, loss of contracts, loss of anticipated savings, loss of or damage to goodwill, or any indirect or consequential loss, however arising.
Subject to the paragraph above, our total liability to you in respect of all losses arising under or in connection with a contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the price paid for the goods giving rise to the claim.
11. Confidentiality
Each party must keep confidential any commercially sensitive information disclosed by the other, including pricing, supplier information and customer lists, and must not use it other than to perform its obligations under these Terms.
This clause does not apply to information that is or becomes public through no fault of the receiving party, or that must be disclosed by law.
12. Events outside our control
We are not liable for any failure or delay in performing our obligations where that failure or delay results from events outside our reasonable control, including supplier failure, transport disruption, industrial action, fire, flood, epidemic, act of government, or import or export restrictions.
13. Termination and suspension
We may suspend deliveries or terminate a contract with you immediately by written notice if you fail to pay any amount when due, if you breach these Terms and do not remedy the breach within 14 days of being asked to, or if you become insolvent, enter any insolvency procedure, or cease to trade.
Termination does not affect any rights or liabilities that have already accrued.
14. Data protection
We process personal data in accordance with our Privacy Policy and applicable data protection law, including the UK GDPR and the Data Protection Act 2018.
Where you provide us with personal data about your staff or contacts, you confirm you are entitled to do so.
15. General
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign or subcontract ours.
If any provision of these Terms is found to be unenforceable, the remaining provisions continue in force.
A delay in enforcing any right under these Terms is not a waiver of that right.
A person who is not a party to a contract between us has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
These Terms contain the whole agreement between us in relation to their subject matter and supersede any prior discussions or representations.
16. Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation, whether contractual or non contractual, are governed by and construed in accordance with the law of England and Wales.
The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.
17. Contact us
Trade Titans Limited, company number 14777866, VAT number GB448787138.
You can contact us by email at sales@tradetitansdirect.com.
Questions about these terms? Email sales@tradetitansdirect.com.