Terms and Conditions of Business
All goods and services supplied by Down The Field Limited are supplied subject to the following conditions:
DEFINITIONS: In these Terms and Conditions the COMPANY means Down The Field Limited (company number 06288360) whose registered office is situated at 85 Great Portland Street, London W1W 7LT United Kingdom and the WEBSITE means www.downthefield.com. The PURCHASER means any person or company who buys or has agreed to buy goods and GOODS mean any goods or services supplied by the Company and CONDITIONS mean the terms and conditions set out in this document. The singular shall be deemed to include the plural, person shall include the firm or company and vice versa.
APPLICABLE TERMS: Unless otherwise agreed in writing, any contract for the sale of Goods shall be subject to the Conditions. Any oral or written terms offered or stipulated by the Purchaser shall, if inconsistent with the Conditions, be deemed rejected by the Company. No contract is made with the Company until there has been an acceptance in writing of an order placed by the Purchaser.
PRICES: The prices for the Goods are stated on the Company's website, quotation or order acknowledgement. The Company's prices are fixed for a period as stated on the website, quotation or order acknowledgement. Thereafter the Company reserves the right to vary prices without notice.
WEBSITE, QUOTATIONS AND INVOICES: The right is reserved to amend any errors and/or omissions on the website, quotations, invoices or any other documents of the Company. The quantity, quality and description of the Goods shall be those set out in the Company's quotation or order acknowledgement.
PACKING, CARRIAGE AND INSURANCE: Packaging, carriage and insurance to designated premises and on default or designation to any trading address, of the Purchaser shall be paid by the Purchaser and shall be charged at the Company's rates current at the time of order acceptance.
INVOICING AND PAYMENT: The Company shall invoice and the Purchaser is liable for payment of 100% upon presentation of the invoice. The Company, at its discretion, may provide payment terms to the Purchaser, any payment terms are subject to review or withdrawal at any time without prior notice from the Company. If the Purchaser fails to make any payment when due then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to terminate the contract and/or suspend any/or delay deliveries to the Purchaser; and/or apply any "on account" payments to whatever part of the debt the Company deems appropriate. The Company reserves the right to carry out whatever anti fraud screening it deems necessary before goods are dispatched, including but not limited to verifying PayPal details and invoice / delivery addresses with the necessary authorities and agencies. If payment is made by cheque, UK bank transfer or international bank transfer goods will not be dispatched until funds are confirmed cleared in the Company's bank account.
DELIVERY: The Goods shall be delivered to the address stated in the order confirmation or if no address is so stated then to any trading address of the Purchaser. All deliveries will be completed within 30 days of receipt of order - unless otherwise agreed. If delivery cannot be completed within these timescales then option to cancel or refund will be given. Risk in the Goods shall pass to the Purchaser upon delivery to the address providing delivery is specified & paid for separately in the order. The Purchaser is advised to insure accordingly. In the event of the purchaser delaying the delivery of goods beyond the 30 day standard delivery date or the date stated in the order acknowledgement, the company reserves the right to issue the full invoice for the goods and the invoice will become payable according to the terms of payment stated in the company's quotation and/or order acknowledgement. The company may at its own discretion charge the cost of storage to the purchaser.
TITLE: Notwithstanding delivery and the passing of risk in the Goods, title to and ownership of the Goods shall not pass to the Purchaser until the Company has received in cash or cleared funds payment in full of the price of the Goods and all sums payable to the Company under any other agreement with the Purchaser or any other delivery or instalment has been paid.
RETURNS: Purchases made via the website are subject to the Distance Selling Regulations 2000 the Purchaser has the right to cancel and receive a full refund for the goods provided the goods were purchased online from us. The Purchaser must inform us of their decision within 10 days from the date they receive the goods. Goods being returned must be in the same condition as when received by the Purchaser. Once the Company is informed that the Purchaser wishes to return the goods under the Distance Selling Regulations the Purchaser has 28 calendar days to do so at the Purchasers own expense. Once the goods are received back the Company will inspect the goods and, subject to them being in an acceptable condition, the Company will then issue a refund for the goods via the original payment method. This policy has some limitations and does not apply to commercial customers.
DAMAGE IN TRANSIT: If goods or their packaging appears to have been damaged in transit the Purchaser must sign the carrier's delivery paperwork accordingly and request a copy of this paperwork from the carrier. The Purchaser must then report the damage to the Company via conventional mail or the website feedback form within 10 days of receipt of the goods. The Purchaser should return goods to the Company by a suitably safe and insured method (at the Purchasers expense) retaining proof of dispatch as the Company cannot be held responsible for any goods lost or damaged while being returned to the Company. Upon safe receipt of the goods the Company will inspect the returned Goods and subject to them being returned in an acceptable condition, i.e. the goods should be returned in the original box and/or packaging together with the sales receipt and any related paperwork, the Company will then contact the Purchaser to arrange for a replacement. The Purchaser must contact the Company via the website Feedback Form before returning any goods so that the Company issue a returns number. Any goods returned without a returns number may not be refunded.
NOTIFICATION OF SHORTAGE: The Company shall accept no liability for shortage of Goods on delivery unless written notification is received via conventional mail or the website feedback form having been received by the Company from the Purchaser within 10 days of the date of despatch of the Goods to the Purchaser.
CUSTOMER LIABILITY: The Company shall not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser's failure to perform any of the Purchaser's obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser's control. Furthermore the Purchaser agrees and acknowledges that the extent of the Company liability under the contract shall relate solely to any liability directly applicable to the fulfilment of the order and that all and any liability howsoever arising or occasioned by any third party relating to the Goods, their component parts, or their incorporation into third party systems or otherwise, shall be the sole responsibility of the Purchaser and as such the Purchaser agrees to indemnify the Company against all and any fees costs or expenses or losses however incurred in relation to any such third party claim. The Purchaser agrees and acknowledges that they will hold the Company harmless from and indemnify the Company against any claim provided the Company can demonstrate that prior to shipping the Goods they have successfully passed through such testing measures as the Purchaser and Company agree from time to time. For the avoidance of doubt, should the Purchaser provide the Company with any item of hardware or software to fulfil the order and provide Goods the Purchaser accepts it is their primary obligation to confirm the fitness for purpose of all and any parts supplied to the Company and any third party.
TERMINATION OF SERVICE: Should the Purchaser wish to terminate provision of Services that have been provided by the Company for more that 90 consecutive days or the Company wish to terminate provision of Services it has been providing to the Purchaser for more than 90 consecutive days 30 days notice in writing or by email must be given and receipt confirmed informing of the intention to terminate the Services.
ASSIGNMENT: No contract with the Company shall be assignable by the Purchaser without the prior written consent of the Company.
EXPENSES: Without prejudice to any other remedy available the Company shall be entitled to recover from the Purchaser any cost or expenses (including solicitors fees and disbursements) incurred in recovering monies in respect of the goods or any other monies due under the Conditions hereof.
EXPORT: All orders for export shall be delivered ex works by the Company. Delivery terms on export orders shall be subject to individual negotiation with the Purchaser. The Company cannot be held responsible for any delays, import duties, charges or fines levied by the authorities in the country of delivery and the Purchaser should check any restrictions with the relevant authorities in the country of delivery before placing an order.
PRODUCT LIABILITY: Any warranty or condition expressed or implied, statutory or otherwise (including conformity with description, sample, fitness for purpose or quality) are hereby expressly excluded and except in respect of death or personal injury caused by the Company's negligence, the Company shall be under no liability whatsoever for consequential loss or damage or any description in respect of the Goods sold, repaired, converted or for services rendered.
COMPLAINT HANDLING PROCEDURE: The Company endeavours to respond to all complaints within five working days. All complaints will be handled fairly and on a confidential basis.
FORCE MAJEURE: The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond its reasonable control or the control of its suppliers such as, but not limited to, acts of God, civil commotion, riots, drought, flood, fire, legislation & terrorism.
STORAGE CHARGES: If for any reason the Purchaser is unable to accept delivery of the Goods at the time when they are due and ready for delivery, the Company shall be entitled to arrange storage at its own premises or elsewhere at the Purchaser's own risk and cost.
GOVERNING LAW: All contracts made between the Company and the Purchaser shall be construed in accordance with and governed in all respects by English Law and the Purchaser agrees to submit to the exclusive jurisdiction of English Courts.
HEADINGS: The headings of these terms and conditions are for convenience only and shall have no effect on the interpretation thereof.