a) Unless the Company (as seller) shall specifically agree otherwise in writing all sales by the Company arising from acceptance of the order overleaf (‘the order’) are on the following terms and conditions.
2. Acceptance Of Order
a) Notwithstanding acceptance of the order, the Company reserves the right in its sole discretion to postpone delivery of the goods and/or cancel all outstanding orders from the Buyer without compensation in the event that any sums due to the Company from the Buyer are in arrears.
a) Unless otherwise agreed in writing by the Company the selling price for the goods will be the prices shown on the date of delivery which include VAT. Prices quoted on the order are subject to modification prior to delivery without notice and may also be subject to the addition of a devaluation surcharge.
a) Whether or not stated on the Order the time for delivery shall not be of the essence and delivery dates are intended as an estimate only to the extent that the delivery should be made within a reasonable period of the delivery date.
b) Delivery to the first carrier shall constitute delivery to the Buyer and the Company’s obligation to deliver shall be considered completed on such delivery.
a) The goods will be supplied substantially to the design specified in the Order. However, the Company reserves the right to make reasonable changes at its discretion to the specification of the goods.
b) The Buyer agrees not to interfere with any labels or markings on the goods as supplied by the Company.
c) Please be aware that during sale and discounted periods, we may print and produce garments onto T-shirts which bear or carry no company/branding tag. A stock size label maybe used.
6. Force Majeure
a) If the Company shall be prevented from producing, acquiring or effecting deliveries of the goods or any of them by reason of any of the following causes, namely, Act of God, insurrection, riot, war, hostilities, warlike operation, piracy, arrests, restraints of or detainment by any competent authority, strikes or combinations or lock-out of workmen, fire, floods, droughts, earthquakes, mechanical breakdown, shortage of, or inability to, obtain materials, equipment or transportation or any other circumstances (whether of a nature similar to those specified, or not) beyond the control of the Company regardless of whether or not the circumstances in question could have been foreseen at any time, the obligation of the Company to effect deliveries under these conditions shall be suspended whilst such prevention shall continue.
b) Should any deliveries under the contract be suspended under this condition 6 the Buyer shall nevertheless accept delivery and pay for such of the goods, as the Company shall be able to deliver. The Company shall not be liable for any loss or damage of any kind resulting from the causes mentioned above.
c) If the Company has contracted to provide identical or similar goods to more than one Buyer and is prevented from fully meeting its obligations by reason of any of the causes referred to in condition 6, the Company may determine which contracts it will honour and to what extent, at its own discretion.
a) Notwithstanding delivery title in the goods delivered by the Company shall pass to the Buyer upon and only upon payment for such goods in full by the Buyer and for all other sums owed by the Buyer to the Company and the Buyer will hold the goods as bailee for the Company. The Company may attribute any sum paid by the Buyer to any outstanding amount whatsoever due from the Buyer to the Company in respect of any goods delivered to the Buyer by the Company notwithstanding any indication by the Buyer that these sums are paid in relation to any specific goods.
b) If the Buyer (before payment) sells the goods to any third party it shall, as between the Buyer and such third party sell as principal but as between the Buyer and the Company, the Buyer shall sell as the fiduciary agent of the Company.
c) The Buyer shall hold such part of the proceeds of any such sales as equates to the aggregate amount due from the Buyer to the Company on any account whatsoever separate and for the Company’s account pending payment or shall if the Company so requires authorise and direct such third party to pay to the Company a like part of the sum due to the Buyer in respect of the goods so sold and assign to the Company such part of the debt owed to the Buyer by such third party.
d) After delivery and until payment the Buyer shall keep the goods fully insured and hold any proceeds of insurance for and to the order of the Company pending payment.
e) The Company shall be entitled to maintain an action for the price of the goods, notwithstanding that the property in them has not passed to the Buyer.
8. Interest and administration charges
a) The due date for payment for any goods delivered by the Company to the Buyer shall be that shown on the Company’s invoice. We may charge for administration expenses as a result of payment conditions being broken. These will be charged directly to your account. All amounts invoiced which are not paid when due shall without prior notice bear interest charges per month and in relation to this condition only time shall be deemed to be of the essence.
a) To the extent permitted by law, all conditions, warranties or obligations whether express or implied by statute, common law or otherwise are excluded and the provision of these conditions shall apply in lieu thereof.
b) Where the Company is arranging carriage, the Company shall not be liable for loss of or damage to the goods in transit unless within ten days of the date notified by the Company to the Buyer as being the date on which the goods were despatched from the Company’s premises the Buyer gives written notice to the Company that it has not received the goods or that the goods are damaged.
c) The Company shall not be liable for defective goods unless the Buyer gives notice to the Company as soon as possible and in any case within 10 days of delivery specifying with reasonable details any matter whereof it is alleged that the goods are defective.
d) No goods shall be returned to the Company until the Company has had an opportunity to inspect the same. The goods shall only be returned to the Company with a previously agreed returns reference. Any goods so returned shall be at the Buyer risk until received by the Company.
e) The Company’s liability under conditions 9(b) and 9(c) whether based on negligence or any other cause of action shall be limited to repairing or replacing the lost, damaged or defective goods or, at the Company’s option, crediting a corresponding proportion of the price paid by the Buyer and the Company shall not be under any other liability there under whatsoever.
f) No claim will be met by the Company under condition 9(c) if, in the opinion of the Company; –
g) The defect is not due solely to defective materials or manufacture or the goods have been misused in any way; or;
h) The terms of payment set out in condition 7 have not been complied with.
i) The warranty contained in this condition is specifically limited to the Buyer in respect of the goods actually manufactured by the Company. No warranty is made to any other person whether subsequent to the Buyer or user, or to any bailee, licence, assignee, employee, and agent or otherwise.
j) The Company gives no warranty and makes no representation that any sale by the Buyer of the goods will be free from infringement of any intellectual property right owned or controlled by any third party.
a) All descriptions, representations, specifications, samples, colours, illustrations and other particulars furnished or made orally by the Company or in catalogues, trade literature, price lists or other documents issued by the Company are given for general information purposes only and the Buyer acknowledges that it is not entering into the contract in reliance upon any such description, representation, specification, sample or other particular.
b) Except to the extent specifically provided for in these conditions, the Company shall not be liable for any loss, damage or injury however caused or arising (whether by the Company’s negligence or otherwise) from any defect in, failure in, or unsuitability for any purpose of, the goods.
c) The Company shall not in any event be liable for any indirect or consequential loss whatever and however caused.
d) Where the Unfair Contract Terms 1977 applies, nothing in these conditions shall exclude or restrict any liability for death or personal injury resulting from the Company’s negligence, as that expression is defined in section1 of that act.
11. Acceptance of Goods
a) Unless the Buyer shall notify the Company in writing to the contrary, any goods delivered to the Buyer shall be deemed to have been accepted by the Buyer ten days after delivery.
12. Assignment or transfer
a) The Buyer shall not without the consent in writing of the Company assign or transfer the order or any part of it.
13. Bankruptcy, Liquidation and Security
a) The Company reserves the right to cancel the order (or any part of it) at any time should the Buyer default in payment or become bankrupt or being a Company go into liquidation or should the Buyer be unable to furnish satisfactory security for the payment of the goods (the Company shall have the right to require such security as the Company deems fit even after partial delivery or partial payment on accounts), or, if the Buyer’s credit limit with the Company (as notified from time to time by the Company) be exceeded. Any cancellation under this clause shall not prejudice any rights which the Company may have against the Buyer in respect of any breach of contract or otherwise.
14. Relaxation of Forbearance
a) No relaxation forbearance delay or indulgence on the part of the Company in enforcing any terms herein shall constitute a waiver of the Company’s rights, neither shall it prejudice effect or restrict the same.
a) Any notice to be given under these conditions shall be sent by post addressed to the party to be served at the address for such party last known to the party giving the notice.
16. Jurisdiction and Disputes
a) In any cases of dispute the Courts of England shall have jurisdiction and all matters shall be governed by and construed in accordance with the Laws of England.
a) By placing the Order the Buyer acknowledges the importance to the Company of preserving the reputation of the brand(s) under which the goods are offered for sale to consumers and the reputation of the Company as a supplier of high-class fashion clothing.
b) The Buyer agrees that the acceptance by the Company of the order is made on the basis that the Buyer shall not resell or threaten to resell any of the goods supplied by way of wholesale or by retail in such place (including without limitation places other than the approved outlets mentioned in the order) or in such a manner that could prove harmful to either such reputation. If the Buyer shall breach such agreement then without prejudice to any other remedy which maybe available to the Company, the Company shall be entitled to cancel the order forthwith without compensation, to decline to take orders in the future from the Buyer and claim damages against the Buyer for loss of profit.
18. Cancellation of the Order
a) If the Purchaser wished to amend the order after the initial 14-day period has elapsed, the Company will use all reasonable endeavours to accept the amendment but will not guarantee that it can be accepted. Acceptance of any amendment may be subject to a cancellation charge of up to the price of any cancelled Goods and subject to the Purchaser agreeing to pay for any additional Goods ordered on the terms hereof.
b) The Company reserves the right to cancel the order or any part of the order within 28 days of the copy of the order being given to the Buyer without liability for any loss or damage of any kind resulting from such cancellation.
c) Prior to order shipment, we reserve the right to cancel and refund any order(s) that is deemed to be suspicious, fraudulent or purchased for the suspected purpose off mass re-sale. E.g. Any order which contains a full run of sizes (XS-XXXL) in one style. This decision is made at our full discretion and we will contact the party placing the order. If we are then satisfied that the order(s) is legitimate, we will be happy to process the order.
All of our items are sent out using Royal Mail ‘Signed For’ Services, unless stated otherwise. All items in the UK are sent with First or Second Class 'Royal Mail Signed For'. This is a tracked service which requires a signature.
It is worth noting that we use a business collect service - once dispatched our consignments are processed by the local Post Office which can sometimes add a slight delay when we are shipping large volumes. This delay is out of our control. Please allow upto 10 working days for items to reach you.
If you need to get your hands on one of our items quicker than the advertised waiting times then please drop us a message before ordering. In most instances we can work something out.
Payment is taken at the time of placing an order. No goods shall be supplied without payment. Goods shall be delivered by Royal Mail. Carriage will be at cost to the customer and forms part of the invoice. The House of Frank aim to dispatch goods within 10 working days. Customers in the UK, please allow 14 working days to report to House of Frank any outstanding orders, 18 working days for Europe, 21 working days for rest of the World.
House of Frank reserves the right to cancel any order of it's choosing prior to dispatch. In this instance we will issue a full refund at the point of cancellation.
Nothing in our contract with you seeks to limit or exclude our liability for death or personal injury caused by our negligence [or any acts or omission by us], or for fraud or our fraudulent misrepresentation. You may also have additional rights that cannot be excluded by law and we do not seek to limit or restrict these rights in any way.
You are also entitled to certain legal remedies in respect of defective or non-conforming goods under this contract and we will honour these remedies. For more information on your legal rights and remedies, you should contact Citizens Advice.
Our liability to you will be limited to any losses that both you and us could reasonably foresee being a consequence of us breaching the terms of this contract at the time of entering it. We will not be liable for anything that we could not have been aware of when entering the contract.
As we are entering a contract with you as a consumer, we will not be liable for any business losses that you may suffer as a result of us breaching this contract. For example, we will not be liable for loss of profits or loss of income
- 10.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US.
- 10.3 Some of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.