Terms & Conditions for Sale of Goods

TERMS & CONDITIONS OF RAISAN FASHIONS LIMITED FOR SALE OF GOODS

Your attention is drawn in particular to the provisions of clauses 13 & 14

This document (together with our Privacy Policy, Cookies Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (“Terms”) on which you order products from us and we supply products to you. No other terms are implied by trade, custom, practice or course of dealing.

The Terms will apply to any contract between you and us for the supply of products (“Contract”).

The Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.

Please read the Terms carefully and make sure that you understand them, before ordering products through our website (“our site”).

Please note that before making an order, you will be asked to agree to the Terms. If you refuse to accept these Terms, you will not be able to make any order through our site.

You should print a copy of the Terms or save them to your computer for future reference.

We amend the Terms from time to time as set out in clause 8. Every time you wish to order products from us, please check the Terms to ensure you understand the terms which will apply at that time.

The Terms, and any Contract between us, are only in the English language.

When we refer, in the Terms, to "in writing", this will include e-mail.

  1. Information about us
    1. We are Raisan Fashions Limited, a company registered in England and Wales under company number 07151334.
    2. Our registered office is at Unit 9 Gemini Business Park, Sheepscar Way, Leeds LS7 3JB.
    3. Our main trading address is 10 Karnac Road, Leeds, LS8 5BL.
    4. Our VAT number is 986148572.
    5. We operate the website www.raisanwholesale.co.uk.
  2. Contacting us
    1. You can contact us as follows:
      By telephone: 07717 074111
      By email: info@raisanwholesale.co.uk
    2. If you wish to give us formal notice of any matter in accordance with the Terms, please see clause 16.4.
  3. Use of our site
    Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy [Links would be useful]. Please take the time to read these, as they include important terms which apply to you.
  4. Your order
    1. How we will accept your order
      Our acceptance of your order will take place when we email you to accept it, at which point a Contract will come into existence between you and us.
    2. If we cannot accept your order
      1. If we are unable to accept your order, this could be for a variety of possible reasons such as the product is out of stock, unexpected limits on our resources for which we could not reasonably plan, a credit reference regarding you which we have obtained does not meet our minimum requirements, we have identified an error on our Site in the price of the product (as referred to in clause 9.5), we are unable to meet a delivery deadline you have specified etc.
      2. Whatever the reason, if we are unable to accept your order, we will inform you of this and will not charge you for the product. If you have already paid for the product, we will refund you any sums you have paid.
  5. Our products
    1. The images of the Products on our site are for illustrative purposes only. Although we have made every reasonable effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
    2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site have a 2% tolerance.
    3. The packaging of the Products may vary from that shown on images on our Site.
    4. All our products are goods obtained by us from major high-street retailers where orders have been cancelled or returned due to over-made stock or over-runs. Although we make every reasonable effort to remove all of the retailer’s packaging and labelling, we give no warranty that we have done so and we give no indemnity in respect of any claim against you by any such retailer. Therefore, in the event that any such packaging and labelling has not been so removed, it is your duty to remove it.
  6. Authority to bind the company
    You confirm that you have authority to bind any business on whose behalf you use our Site to purchase products.
  7. How the Contract is formed between you and us
    1. Our shopping pages will guide you through the steps you need to take to place an order with us. These steps include adding items to a shopping cart/basket and proceeding to check out and making payment (via Sagepay or by other methods referred to). Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    2. After you place an order, you will receive from us an email acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
    3. We will confirm our acceptance to you by sending you an email (“Acceptance”). The Contract between us will only be formed when we send you the Acceptance.
    4. If we are unable to supply you with a product, we will inform you of this by email and we will not process your order. If you have already paid for the product, we will as soon as possible refund you the full amount including any delivery costs charged.
  8. Our right to vary these Terms
    1. We amend the Terms from time to time. If applicable, we may post details on our Site of when the Terms were last updated and which Terms were changed.
    2. Every time you order products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
  9. Price of Products and delivery charges
    1. The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for details of what happens if we discover an error in the price of Product(s) you ordered.
    2. Prices for our products may change from time to time, but changes will not affect any order you have already placed.
    3. The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
    4. The price of a product does not include delivery charges or cost of insurance for delivery. Our delivery charges (including insurance) are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges (including insurance), please refer to our Delivery Charges page [a link would be useful].
    5. Our Site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our Site may be incorrectly priced.
      1. Priced too high
        If we discover an error in the price of the products you have ordered and the correct price is less than the price stated on our Site, we will charge the lower amount and, if you have already paid the higher amount, we will refund you the difference between what you paid and what you should have paid.
      2. Priced too low
        If we discover an error in the price of the products you have ordered and the correct price is more than the price stated on our Site, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order, we may cancel supply of the product and refund you any sums you have paid.
  10. How to pay
    1. Payment for the Products and all applicable delivery charges (including insurance) is in advance.
    2. Our site contains a link to Sagepay which is a secure site. We will not have access to any information you provide on this site to make payment.
    3. We accept the following cards: [insert list of credit and debit cards which will be accepted].
    4. Payment can also be made by BACS transfer and by cheque. Details of how to make payment by these methods are set out on our site.
  11. Delivery
    1. We aim to deliver within 3 working days after the date of receipt by us of payment but cannot guarantee this. Occasionally, our delivery to you may be affected by an Event Outside Our Control. Clause 15 contains details of our responsibilities when this happens.
    2. If no one is available at your address to take delivery, we will leave you a note that the products have been returned to our premises, in which case, please contact us to rearrange delivery.
    3. Delivery of an order shall be completed when we deliver the products to the address you gave us and the products will be your responsibility from that time.
    4. You own the products once we have received payment in full of the price for them (and of all applicable delivery charges including insurance).
    5. If there is any shortage in the products delivered to you, this must be reported to us within 24 hours of the delivery otherwise we shall have no liability to make up the shortfall. You can report any shortage to us by e-mail at info@raisanwholesale.co.uk or by telephone on 07717 074111.
  12. International delivery
    1. We deliver to the countries listed on our Delivery Charges page [a link would be useful] (“International Delivery Destinations”) which also contains details of our delivery charges (including insurance) for carriage. For all countries not listed, a quote for carriage will be provided on request. Any such request should be sent by email to info@raisanwholesale.co.uk. [A notice can also be displayed in the section regarding carriage]. However, there are restrictions on delivery of some products to certain International Delivery Destinations, so please review the information on that page carefully before ordering products.
    2. If you order Products from our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
    3. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
  13. Our warranties
    1. We warrant that on delivery, the products shall be free from material defects (which shall be assessed taking into account the fact that the products are from cancelled or returned stock), but this warranty does not apply to any defects arising from
      1. fair wear and tear;
      2. wilful damage, abnormal storage or working conditions, accident or negligence by you or by any third party;
      3. failure to operate or use the products in accordance with the user instructions;
      4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
      5. any specification provided by you.
    2. If in breach of this warranty the products supplied contain material defects not arising from any of the causes referred to in clause 13.1 then you should contact us immediately by e-mail at info@raisanwholesale.co.uk or by telephone on 07717 074111. Within 7 days of receipt of the products, you may return them to us (at your cost), with no items missing, in the condition and packaging they were received. Once we have received the products, we will inspect them and if we are satisfied that the products do not comply with the warranty and that you have complied with all the conditions of return then we will at our option provide you with replacement products or a refund.
    3. As long as the products delivered have not been manufactured to special order, if you are not entirely happy with your purchase then you may in any event, within 3 working days of receiving the products, return them (at your cost), with no items missing, in the condition and packaging they were received. Once we have received the products, we will inspect them and if we are satisfied that you have complied with all the conditions of return then we will at our option provide you with a credit note or replacement items (but not a refund).
    4. If you are returning products to us, the address to which to send them is as follows:
      10 Karnac Road, Leeds, LS8 2DE.
    5. We warrant that to the best of our knowledge, the products do not infringe the rights (including the intellectual property rights) of any third party.
  14. Our liability
    1. We only supply the products for use by your business.
    2. Our sole liability in the circumstances set out in
      1. clause 4.2 (if we are unable to accept your order)
      2. clause 9.5(a) (if we have quoted an incorrect price which is higher than the correct price)
      3. (c) clause 9.5(b) (if we have quoted an incorrect price which is lower than the correct price and your booking is cancelled as a result) and
      4. (d) clause 13.2 (material defects and we decide to give you a refund)
        is to refund you the price paid (or, where clause 9.5(a) applies, the difference between what you paid and what you should have paid). If you paid by credit card or debit card then we will refund you on the credit card or debit card used by you to pay. Other than in the circumstances listed at (a) to (c) in this clause, the price paid by you to us for products is non-refundable.
    3. Nothing in the Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (that you will have title and quiet possession of the products); or
      4. any other liability which cannot be limited or excluded by law.
    4. Subject to clauses 13 and 14.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, for any loss or damage suffered by you whatsoever and in particular, we shall have no liability for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill or reputation;
      6. loss or damage which is an indirect result of our act or failure to act; or
      7. loss or damage which is an unforeseeable consequence (that is, not an obvious consequence, contemplated by you and us at the time we entered into this Contract) of our act or failure to act.
    5. Subject to clause 14.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.
    6. Except as expressly stated in the Terms, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into the Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for the purpose(s) which you intend for them.
  15. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract if this is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
    2. An “Event Outside Our Control“ means any act or event beyond our reasonable control, including (but not exclusively) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place and it affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  16. Communications between us
    1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract must be in writing and
      1. delivered personally or sent by pre-paid first class post or by other next working day delivery service to
        Unit 9 Gemini Business Park, Sheepscar Way, Leeds LS7 3JB or
      2. sent by email to info@raisanwholesale.co.uk.
    2. A notice or other communication shall be deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      2. if sent by pre-paid first class post or by other next working day delivery service, at 9.00 am on the working day after posting; or
      3. if sent by email, at the time of transmission.
    3. In proving the service of any notice, it will be sufficient to prove,
      1. in the case of a letter, that such letter was properly addressed, stamped and placed in the post and,
      2. in the case of an email, that such email was sent to the specified email address of the addressee.
    4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  17. Entire Agreement
    1. This Contract constitutes the entire agreement between us and replaces all previous agreements, promises, assurances, warranties, representations and understandings between us, relating to its subject matter.
    2. You acknowledge that in entering into this Contract, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.
    3. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
  18. Assignment and transfer
    1. We may transfer to another organisation our rights and obligations under a Contract, but this will not affect your rights under these Terms.
    2. You may only transfer to another person your rights or your obligations under these Terms if we agree in writing.
  19. Third party rights
    1. This Contract is between you and us.
    2. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  20. Severance
    1. Each of the paragraphs of the Terms operates separately.
    2. If any court or other relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  21. Waiver
    1. If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and nor will it mean that you do not have to comply with those obligations.
    2. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  22. Governing law and jurisdiction
    1. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).