Definitions in these conditions “The Seller” is Smarten-Up Ltd “The Buyer” is the purchaser of the goods “Goods” are goods or products of any kind sold by the seller Application of Conditions All goods are sold by the Seller on the following Conditions which shall prevail unless otherwise agreed in writing by the Seller. Prices Prices quoted in the Sellers price list are subject to change without notice. The price payable by the Buyer will be the price current at the date of despatch. I/We understand and accept that Smarten-Up Ltd will take up the Trade references provided and may make a search of a Credit Reference Agency which will keep a record of that search. We also understand and accept that if we are making this application as a limited company that Smarten-Up may make credit enquiries about the directors. We accept that Smarten-Up will monitor and record our trade performance and may make such records available to credit reference agencies and to other organisations who will share that information with other businesses to assess applications for credit. Shortages and non-delivery No liability for alleged shortages of delivery or non-delivery of goods will be accepted by the Seller unless claims are notified in writing to the Seller within 7 days of delivery for shortages or 10 days from date of invoice for non-delivery. Description and quality of goods The Seller gives no guarantees as to the washing stability, colour fastness, durability or making up quality of the goods. Fabric composition is given as a guide only and the Seller reserves the right to change the composition without prior notice. The Buyer is responsible for verifying the suitability and quality of the goods prior to use. All conditions, warranties or other terms, express or implied by Statue as to the quality of the goods, their fitness for purpose or correspondence with description or sample are, save as expressly prohibited by law, expressly excluded. The Seller shall be under no liability, however caused, arising out of or in connection with the goods, save that the total liability of the Seller in negligence is limited to the price of the goods. Return of goods The Seller will not accept the return of goods which have been altered in any way. The Buyer has no right to return any goods supplied pursuant to contract without prior written authorisation by the Seller. All requests for the return of goods must be made within 5 days of delivery. The Seller reserves the right to apply a handling charge on any goods returned. Ownership of goods All goods shall be at the Buyers risk from the time of delivery but will remain the property of the Seller until all payment in respect of any goods delivered by the Seller to the Buyer have been paid in full. The Seller may at any time when payment is due to the Seller for any goods retake possession of all the Sellers goods then in the custody of the Buyer. The Buyers right to hold or deal in any way with the Sellers goods shall terminate automatically and Sellers shall be entitled to immediately recover the goods if: The Buyer, being an individual, becomes Bankrupt or is the subject of a Bankruptcy petition or enters into any arrangement with creditors or; The Buyer, being a limited company is subject to the appointment of an Administrative Receiver or goes or is forced into any form of insolvency. The Buyer authorises the Seller, its employees or Agents to enter the Buyers premises for the purpose of enforcing these provisions. Payment Unless otherwise specifically agreed in writing by the Seller, payment for the goods is due to the Seller within 30 days of the contract. The Seller reserves the right to charge interest at 4% above the base rate at Barclays Bank PLC on any amount overdue, from due date of the date of payment. The Seller may set off against any overdue account any sums due for any reason from the Seller to the Buyer. Cancellation Any orders placed by the Buyer shall be treated as a firm commitment and cancellation will not be accepted unless agreed in writing by the Seller. The Seller will make all reasonable efforts to fulfil its obligations under such orders but shall not be liable for any cancellations or suspension of such orders caused by events beyond the control of the Seller. Representations No statement, information, warranty, condition or recommendation made by the Sellers employees or agents shall vary or override these conditions. Law These conditions and all transactions between the Seller and the Buyer shall be governed by English Law and any disputes arising shall be resolved by the Courts in England. If any condition herein becomes or shall be declared by a Court to be invalid or unenforceable that shall not impair or effect all other Conditions, which will remain in full force and effect.