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TERMS & CONDITIONS

INTRODUCTION

1. These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

INTELLECTUAL PROPERTY RIGHTS

2. Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. All our intellectual property rights are reserved.

DESCRIPTION OF GOODS

3. Descriptions of the goods are set out in our literature and on our website and any other documents in which our goods are referred to. Whilst we will attempt to ensure that there are no changes to the goods to be supplied, it is possible that there might be some minor variations to the description and/or specification of the goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the goods.

LIMITATIONS OF LIABILITY

4. You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

RESTRICTED ACCESS

5. Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.

VARIATION

6. We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

ENTIRE AGREEMENT

7. These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

8. This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

9. Good-Lookers (London) Ltd. (Company No: 04080868, VAT no: 832155155), whose registered office is at 1299-1301 London Road, Leigh-on-Sea, Essex, SS9 2AD trade under the name “Goodlookers”

10. Copyright 6th August 2015 Good-Lookers (London) Ltd.

11. “GOODLOOKERS”, “GOOD-LOOKERS” & “GOOD LOOKERS” are registered trademarks, UK trade mark registration no. 3091710.

TERMS AND CONDITIONS OF SALE

GENERAL
1. Unless otherwise agreed in writing by Good-Lookers (London) Limited (hereinafter referred to as ‘the seller’) these Conditions of Sale which supersede any earlier conditions of the seller shall form part of all Contracts for supply of goods by the seller to any other company or individual (hereinafter called ‘the buyer’) and shall prevail over any inconsistent terms of conditions contained or referred to in a Buyer’s Order or correspondence or in the negotiations preceding the formation of the Contract or elsewhere. Any clause which is inconsistent with or which purports to exclude the Seller’s Conditions or which purports to provide that the delivery of any goods by the Seller on a Contract for the Buyer shall constitute acceptance of the buyer’s Conditions, such Clause or Clauses shall be of no effect and the Seller’s Conditions of Sale shall prevail.

ORDERS PLACED

2. Any order shall be deemed an irrevocable purchase proposal by the buyer for a period of 10 [ten] days, and it shall be valid upon acceptance by the Seller. Orders and any modification or addition thereof shall be in writing.

PRICE AND PAYMENTS
3. All prices are quoted and orders are accepted on the basis that the goods will be charged at the prices ruling at the date despatch and if any reduction or increase in the Sellers price should take place between quotation and despatch the new prices applicable at the date of despatch will be charged.

4. Customs Duties Consular fees and other taxes duties or fees charged in accordance with the laws or regulations of the country of destination or any other Country through which the goods are transported as well as any costs connected therewith shall be borne by the Buyer. The seller shall be entitled to add to the price the amount of any Tax or other governmental charges which the Seller must pay in respect of the goods (including without prejudice to the generally thereof value Added Tax and import levies) such Taxes or governmental charges now in effect or as may hereafter be imposed or any increase thereon prior to delivery.

5. Unless alternative credit terms have been offered in writing by the Seller, all credit terms are strictly net and payment is due 30 days from the day of invoice. The Buyer shall pay interest at 2% above the base rate of HSBC BANK PLC for the time being, such interest to accrue from day to day and be payable after as well as before any judgement.

6. In the event of any payment being overdue the Seller may withhold any further deliveries or future supplies.

7. The seller may before executing an Order require the Buyer to prove to the satisfaction of the Seller that it will fulfil all its obligations and make payment on the due date or dates. Should the Buyer fail so to satisfy the Seller in this regard the Seller reserves the right to rescind the Contract forthwith and without Notice and without liability of any kind to the Seller and without prejudice to any claim or damages by the Seller.

8. All payments received by the Seller shall first be utilised in settlement of Accounts which have been outstanding longest and/or at the option of the Seller any accumulated interest on arrears.

9. No payments may be withheld nor may any counterclaim of the Buyer be set off against any payment due hereunder without the consent of the Seller.

DELIVERY
10. Any time or date made by the Seller for delivery is given and intended as an estimate only and the Seller shall not be liable for any delay in delivery, non-delivery, destruction, or deterioration of all or any part of the goods or from any other default in the performance of the contract arising therefrom. In the case of delivery by instalments each delivery shall be regarded as a separate and independent contract. The Seller reserves the right to make partial deliveries.

11. In the event that the Buyer is unable to accept delivery of the goods at the time when the goods are due and ready for delivery the Seller may at his own discretion store the goods and the buyer shall be liable for the reasonable costs (including insurance) of its so doing. This provision shall be without prejudice to any other claim which the seller may have in respect of the buyer’s failure to accept delivery of the goods at the appropriate time.

12. Where delivery is taken at the premises of the Buyer or his Agent the buyer shall be responsible for the safety of the vehicles of the seller or its Agent whilst on such premises.

QUANTITY
13. The quantities of any consignment of goods delivered under this Contract shall be specified by the Seller upon despatch from the Seller’s factory or warehouse and shall be accepted by the Buyer as conclusive evidence of the quantity so delivered unless at the time of such delivery claims of short deliveries are made and agreed with the carrier.

14. The seller shall be deemed to have fulfilled the Contract by delivery of a quantity within ten per cent either way of quantity ordered and the Buyer shall pay at the Contact Rate for the quantity of goods actually delivered in accordance with the seller’s invoice.

15. If the Buyer shall fail to obtain the necessary import Licence or Quota Allocation at the time when delivery of any goods shall be due or shall otherwise fail to accept delivery then the Seller shall have the right either to postpone delivery or to rescind the Contract forthwith and without Notice and without Liability of any kind to the Seller and without prejudice to any claim for damages by the Seller.

WARRANTIES
16. The seller warrants that the goods shall at the time of delivery be free from defects in workmanship and materials. If any goods shall be so defective then the Seller shall have the option either to: 

  1. replace the goods which shall prove to be defective or

  2. take such steps as the Seller shall deem necessary to bring such goods into a state where they are free from such defects or

  3. take back such goods and give to the Buyer a reasonable credit or allowance in respect of such goods.

Provided that:

  1. the liability of the Seller shall in no event exceed the purchase price of such goods.

  2. the performance of any one of the above options shall constitute an entire discharge of the Seller’s liability under this warranty.

17. The Warranty specified in paragraph 15 above is conditional upon:

  1. written notice being received by the seller from the buyer of such defects within twenty-one days of delivery of such goods and

  2. the alleged defective goods being available for inspection by the Seller and if so required by the Seller the Buyer returning the said goods at the Buyer’s expense to the seller’s works for inspection.

18. Save as herein expressly provided and as provided in section 12 of the Sale of goods Act 1979 warranties expressed or implied are hereby expressly excluded nor shall the Seller be liable for:

  1. any expenditure incurred by any Buyer in respect of the goods alleged to be defective: or

  2. any loss of profit or any consequential or indirect loss or damage of any kind to the buyer howsoever caused: or

  3. any goods which have been processed in any way by the buyer or damaged after the risk in the goods has passed to the Buyer. 

19. If the seller notwithstanding paragraphs 15 to 17 hereof shall be found liable for any loss or damage such loss or damage to be limited to the purchase price of the goods.

PASSING OF PROPERTY AND RISK

20.

  1. Risk of loss or damage to or deterioration of the goods shall pass to the buyer on the same being despatched to the buyer (or his nominated bailee or agent) and the seller shall have no responsibility for the goods thereafter. Accordingly the buyer shall insure the goods as it considers appropriate.

  1. Notwithstanding that the goods are at the risk of the buyer, the goods shall remain the seller’s sole and absolute property as legal and equitable owner until firstly all sums due to the seller from the buyer in respect of the goods and all other goods sold or supplied by the seller to the buyer have been paid in full and secondly the buyer has requested the seller to transfer the property in the goods to the buyer and the seller has done so in writing.

  1. The buyer acknowledges that so long as the buyer is in possession of any property of the seller the buyer shall hold such property as the bailee of the seller and shall keep such property separately stored and/or marked so as to be clearly identifiable as the property of the seller and shall be free if any lien, charge or encumbrance.

  1. The seller shall be entitled to recover the goods if:

  1. Payment for the goods or any other debt due from the buyer to the seller in respect of supplies of goods is overdue for payment, or

  2. The buyer is a sole trader or partnership and the sole trader or any of the partners or the partnership fails to comply with a statutory demand served by the seller on the buyer pursuant to section 268 of the Insolvency Act 1986 or a petition for a bankruptcy order to be made against any of them is presented to the court, or

  3. The buyer is a company and an administrative receiver or receiver is appointed over the whole or any part of its assets or the buyer commences winding up or an administration order is made, or

  4. Any distress or execution shall be levied on the buyer’s property or assets and for such purpose the seller’s servants or agents may enter any premises where the goods are or are reasonably believed to be and may take possession of the same.

  1. The seller’s rights hereunder and each of them shall continue notwithstanding the termination of the contract of sale by reason or repudiation, frustration, the events specified in clause 2 or otherwise howsoever.

  1. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.

 

TERMINATION OF CONTRACT

21. If the buyer shall make default in or commit a breach of the contract or of any other of his obligations to the seller or if any distress or execution shall be levied upon the buyer’s property or assets or if the buyer shall make or offer to make any arrangement or composition with his creditors, or if the buyer is a sole trader or partnership and the sole trader or any of the partners or the partnership fails to comply with a statutory demand served by the seller on the buyer pursuant to section 268 of the Insolvency Act 1986 or a petition for bankruptcy order to be made against any of them is presented to the court, or the buyer is a company and an administrative receiver or receiver is appointed over the whole or any part of its assets or the buyer commences winding up or an administration order is made, the seller shall have the right forthwith to determine any contract then subsisting with the buyer and upon written notice of such determination being posted to the buyer’s last known address any subsisting contract shall be deemed to have been determined without prejudice to any claim or rights the seller may make or exercise under clause 1 or otherwise.

FORCE MAJEURE
22. The seller may cancel or vary the contract as result of any Act of god war riots or civil disturbance strike lock-out or other labour dispute, fire, flood, drought or accident legislation requisition or other order of any Government Department Council or other duly constituted authority or of any other cause beyond the seller’s control and in such event the Seller shall not be liable for any loss or damage which might arise as a result of such cancellation or variation.

UNFAIR CONTRACT TERMS ACT, 1977
23. In the event that the Buyer objects to the inclusion in any contract with the Seller of any of the excluding or exempting or indemnity terms contained herein such objection must be brought to the attention of the Seller before conclusion of any such contract so that if (which shall be within its entire discretion) the seller agrees to deletion or modification of any such terms appropriate increases in the price of goods to be supplied under such contract may be agreed to reflect any increased risk or obligation which the seller may thus agree to bear.

APPLICABLE LAW
24. This Contract shall be governed by and constituted in all respects in accordance with the Laws of England.

ONLINE SELLING
25. If goods are placed for sale online by the buyer, the buyer agrees that this will be via the buyer’s own retail website exclusively. No goods are to be placed for sale by the buyer on 3rd party retail channels, such as – but not limited to – Amazon and Ebay. Furthermore, the buyer agrees not to advertise the sale of goods on digital platforms, such as – but not limited to – Google, Bing and Meta channels. Buyer is to refrain from using the seller’s registered trademark (“Goodlookers” name and registered logo design) on aforementioned online sales and advertising channels.

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