B2B Terms & Conditions

Parties:

In these conditions of sale Manby International Sportswear is referred to as the ‘seller’ and the company, firm or individual placing the order as the ‘purchaser’.

Application:

These Terms and Conditions of Sale are the only conditions under which the ‘seller’ shall agree to sell goods or services to the ‘purchaser’ and supersede and take priority over any other conditions.

Description of Goods:

The ‘seller’ shall make all reasonable effort to deliver to the ‘purchaser’ goods or services as sampled or described, saving that the ‘seller’ reserves the right to make alteration to the specification where deemed necessary and the ‘purchaser’ shall agree to accept the goods or services as modified.

Privacy Policy

We abide by the GDPR (General Data Protection Regulation), which gives you rights regarding the personal data we collect and hold. At any time you can ask to see the data we store, update, or remove (where possible) from our system. For full details our Privacy Policy is available on all of our websites or by request.

Marketing:

By purchasing any products from the 'seller' you are agreeing to represent the 'sellers' brands responsibly and in accordance with the guidelines set out below.

You agree to use the official logos available on the 'sellers' trade only website without altering or editing these in any way. The afore mentioned logos should only be used in order to indicate a product purchased from the 'seller'. Unless otherwise agreed only the official product and promotional images, available on the 'sellers' trade only website, should be used to represent the brands and products purchased from the 'seller'.

Should the 'purchaser' fail to purchase any goods from the 'seller' for more than 1 year, the 'seller' reserves the right to instruct the 'purchaser' to remove any reference of the purchased brand from the 'purchasers' website or any other marketing channel.

Customer Service:

We strive to offer the best customer service available, with friendly, knowledgeable staff that answer queries efficiently and react to your requirements with prompt delivery. The ‘purchasers’ are expected to offer equally high service levels to their customers. Any ‘purchaser’ found offering sub standard customer service repeatedly will no longer be supplied goods and be expected to remove any reference of the ‘sellers’ brands from their website and any other marketing channel.

Delivery:

Please refer to Standard Delivery Terms on page 1 of the Manbi UK & Eire Retailer Price List

The ‘seller’ trades ‘business to business’, as such we expect our customers to be open from 0900 hrs to 1730 hrs, Monday to Friday. Unless we are given specific instructions to the contrary any surcharge incurred by us relating to ‘nobody present to receive goods' will be passed on.

The seller accepts no responsibility for any loss, either direct or consequential, arising from a failure to deliver at the time requested by the purchaser.

Samples:

All samples requested will be invoiced and subject to an appropriate carriage charge. Samples will generally be accepted back for credit within one month of invoice date provided that they are in ‘as new’ condition and the ‘purchaser’ pays the return carriage cost.

Claims:

Pre-season Orders

All pre-season orders received by the ‘seller’ will be deemed to be confirmed orders. We will not accept any pre-season orders if any amount is overdue on the account from the previous season. Other than in exceptional circumstances, we will not accept an order that exceeds the previous seasons total turnover if during the season the preseason order is reduced.

We will not accept an order that exceeds the previous seasons total turnover if during the season the preseason order is reduced for any reason other than in exceptional circumstances.

Reservation of Title:

All goods delivered to the ‘purchaser’ by the ‘seller’ or agents of the ‘seller’ shall remain the property of the ‘seller’ until paid for in full. The ‘seller’ reserves the right of lien over any goods or chattels in the purchaser’s possession to satisfy any outstanding payments due to the 'seller'.

Indemnity:

The ‘purchaser’ shall indemnify the ‘seller’ against any costs, claims or expenses incurred in the purchase of goods or services from the ‘seller’. The ‘purchaser’ shall further indemnify the ‘seller’ against any cost, claims or expenses arising from transmission of the goods or services to a third party.

Terms of Payment:

Generally all goods will be sold subject to the following terms of payment:-

3% settlement discount for payment received within fourteen days of invoice date.

2% settlement discount for payment received within thirty days of invoice date.

A payment plan system is also available for pre-season orders.

Otherwise strictly nett by end of month following date of delivery.

All new customers will be required to pay for the first two orders on a Pro Forma basis unless otherwise agreed. After this, credit accounts are opened on the basis of satisfactory references. Should the account be dormant for over 3 years, the credit will either be retracted or reduced.

All overdue accounts will be surcharged from date of invoice at 3% over HSBC Bank PLC., base rate in force at the time. Any payments by cheque that fail to clear on presentation will be subject to a fee of £17.50 per presentation.

Should the ‘purchaser’ fail to comply with the ‘sellers’ terms of payment, any contract either verbal or written between the ‘seller’ and the ‘purchaser’ shall be deemed void. Excepting that the ‘seller’ reserves the right to invoice the ‘purchaser’ for any goods or services ordered by the 'purchaser' but not delivered. The 'purchaser' shall agree to pay for all such items ordered and any reasonable expenses incurred by the 'seller'.

Cancellations:

The ‘seller’ will not accept any cancellations to the original order. Should the 'seller' have to process cancellations a 10% levy will be charged against those goods. Should the ‘purchaser’ delay delivery of any ordered goods for more than four weeks from the original scheduled date of dispatch, the 'seller' reserves the right to make the goods available for sale to other customers without notice.

Returns Policy:

Goods will not be accepted for credit without the following procedure being followed. Initially the ‘purchaser’ should contact the office of ‘the seller’ and discuss the reason for return. If the item is alleged as being faulty, at the sole discretion of the ‘seller’ sight of the item may be requested, alternatively the ‘seller’ may ask the ‘purchaser’ to destroy it. In the latter case a credit or replacement will be issued immediately. If the ‘seller’ requests sight of the goods a returns number will be issued. Under no circumstances will a credit note or replacement be offered without a valid returns number. When practical, second class recorded post should be used for the return. Upon receipt of the alleged faulty item it will be inspected and if necessary tested. The ‘seller’ will notify the ‘purchaser’ of the result and subject to the item being proven faulty will offer either credit or replacement. The ‘purchaser’ should be aware that the ‘seller’ receives less than 0.25% returns, of which more than 50% prove to be user issues e.g. if you sit on sunglasses they break.

Applicable Law:

This contract is subject to and is construed to be in accordance with ENGLISH law.

Exceptions:

No exception will be accepted by the ‘seller’ to these terms and conditions unless agreed to in writing. All orders placed with the ‘seller’ by any means will be accepted on an E & OE basis. Orders are accepted on the assumption that the ‘purchaser’ has read and agreed to these terms and conditions.

Manby International Sportswear, Milner Road, Sudbury, Suffolk. CO10 2XG
Tel: 01787 881144 - email: sales@manbi.com

Terms & Conditions correct as of: 07-06-2018

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