Global Vision Direct Limited is an importer and wholesaler for Furniture, Soft Furnishings & Gift ware. By placing an order with us you will be deemed to have read, understood and accepted these terms and conditions.
Any acceptance of the order depends entirely on the discretion of Global Vision Direct Ltd. We might ask you for a minimum order quantity, value depending on the type of order and up front deposit.
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Force Majeure Event: shall have the meaning given in clause 9.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods [as set out overleaf].
Order Confirmation: shall have the meaning set out in clause 2.5.
Terms: the terms and conditions set out in this document.
Writing: or written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 We consider that these Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately within 3 working days. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorized employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorized employees and agents that are made in writing. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2 Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods they describe.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) We issue you with written acceptance of an Order (Order Confirmation); or
(b) We notify you that the Goods are ready,
Whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 You may at any time within 7 calendar days of placing an Order amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
2.9 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. THE GOODS
3.1 We warrant that on delivery, the Goods shall:
(a) conform in all material respects with their description/the manufacturer's specification subject to any qualification or representation contained in our brochures, advertisements or any other documents;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship (within the ambit of handcrafted ethnic art & craft products which we deal in) and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
3.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
3.5 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms.
4. DEFECTIVE GOODS AND RETURNS
4.1 While ordering bespoke furniture, please keep in mind that goods are made in overseas factory exclusively for you. All details & specifications must be understood PRIOR to placing of the order. All bespoke orders must be inspected prior to delivery either in person or by obtaining digital images.
4.2 Whilst we demand the best standards of build quality for our products, we accept no liability whatsoever for faults or defects occurring within commercial/contract/catering environments.
4.3 Our entire collection is hand crafted and is therefore subject to changes in colour, texture, finish and sizes. All sizes might vary by up to 5cm, although overall quality is not affected. This is an inherent part of our product portfolio and should be viewed as such and must not be constituted as defects.
4.4 In the unlikely event that the Goods do not conform to these Terms, please let us know immediately after delivery (no later than 3 days). We will inspect or collect the Goods on a date agreed between us or may ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will:
(a) Issue a credit note; or
(b) provide you with a full or partial refund; or
(c) replace the Goods; or
(d) repair the Goods.
4.5 These Terms will apply to any repaired or replacement Goods we supply to you.
4.6 If you are unhappy with the Goods for any other reason, you may return them to us at your own cost within 7 calendar days of receipt. Goods must be re-packed and returned in the original packaging. If original packaging is not available, we will not accept the returns. It is therefore important to retain relevant boxes and polystyrene until the goods have been checked. Returns will not be accepted if the packaging has been written on, E.g. "Faulty", "Return To Global Vision Direct Ltd " etc.
4.7 Where possible, remedial work will be carried out either at the buyer's premises or on a returned piece and it will be re-delivered with the next available order.
4.8 Returns for bespoke Orders will NOT be accepted under any circumstances.
4.9 Any damages, shortages or defects must be reported to us in written within 3 working days from the date of delivery. We will not accept any claims entered into thereafter.
4.10 A claim or dispute with regard to a particular Order will not entitle you to set-off or adjust payment against another Order – be it current order or future orders.
5.1 Most of our orders are direct container loads meant for trade only. All formalities from custom seal cutting to off-loading etc. must be undertaken by you. All transportation companies give limited time to off load the containers. Any extra time charges must be paid and agreed by you.
5.2 You may collect the Goods from us or we will inform you of a possible delivery date once the goods leave overseas factory.
5.3 Delivery of the Order shall be completed when we deliver the Goods to you or you collect them from us.
5.4 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
5.5 If you fail to take delivery of an Order within 3 calendar days of the date set out in the Order or on which we notify you that the Goods are ready, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
(a) we will store the Goods until delivery takes place and may charge you a reasonable sum currently £500 a day to cover expenses and insurance.
(b) we shall have no liability to you for late delivery.
5.6 If you have not taken delivery of the Goods within one (1) week of the date set out in the Order or our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
5.7 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in installments when the next delivery is undertaken subject to acceptance of minimum order (at our discretion). We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installment.
Shipping & Logistics
Terms and conditions updated June 2016
1. 5 day delivery window: Delivery must be accepted within 5 working days from the date of notification and failure to do so will result in rent and demurrage charges on your account. For more details and cost please contact a member from our team.
2. Delivery address: Nearer the time of delivery we will reconfirm back the delivery address for the container. Please ensure that the delivery address is correct, this is the point where delivery needs to be organized.
3. Day date and time: Nearer the time of delivery we will reconfirm back the delivery day, date and time. Please can you ensure you have the available resources with you to offload the container at the specified time.
4. Unlocking the container: Please ensure you have the available resources to open the container for example, the cutter. Failure to do so might lead to refused or delayed delivery, leading to extra cost, haulage, rent and demurrage on your account. For more details and cost please contact a member from our team.
5. 3 Hour window: Can you ensure that you offload the container within the given specified time which is 3 hours. If you go beyond the specified time you will be charged on hourly bases and not on a portion of an hour. For more details please contact a member of our team.
6. Third party warehouses: If the container is getting delivered to a third-party warehouse ensure that the delivery day, date, time and point is clearly and categorically communicated to the third party warehouse administrator. It is the responsibility of the customer to liaise with their storage unit. Failure to do so might lead to refused or delayed delivery, leading to extra cost, haulage, rent and demurrage on your account. For more details and cost please contact a member from our team.
7. Access to container: It is your responsibility to ensure that the given delivery point has clear access to the container. Failure to do so may lead to refused delivery or parking fines on your account. For more details and cost please contact a member from our team.
8. Delayed arrival of container: In the unlikely event of X-ray scanning, traffic or congestion, arrival of container may be delayed. Our office will keep you updated on any delays but we can’t be held accountable as such events are outside our control.
9. Insurance: We do not insure goods for transit however you are free to insure your goods independently.
6. TITLE AND RISK
6.1 The Goods will be your responsibility from the time of delivery or from when you collect the Goods from us.
6.2 No responsibility whatsoever will be accepted for losses, damages or shortages of goods collected and/or transported by couriers or third parties.
6.3 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges. Delivered or collected goods shall remain our sole and absolute property as legal and equitable owner until fully paid for. You acknowledge that you are in possession of the goods on the condition that full payment is made to us for the same. Until then, you have undertaken to store such goods on your premises separately from other goods/stock and readily identifiable as our property.
6.4 Your right to possession of such goods shall cease if your actions entitle a receiver to take possession of your assets or entitle any person to petition for the winding up or bankruptcy.
6.5 We may for the purpose of examination or recovery of the goods enter any premises where they are stored or reasonably thought to be stored. If you sell any property belonging to us before the title is transferred, the proceeds must be held in trust and shall not be mixed with any other money or paid into an overdrawn account. It must remain identifiable as money belonging to us.
6.6 You undertake that no order will be placed during insolvency and you know of no circumstances that would entitle any creditor to appoint a receiver or petition for winding up or bankruptcy or to exercise any other rights against your assets.
7. PRICE AND PAYMENT
7.1 The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation have expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.2 These prices exclude VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
7.3 These prices exclude delivery costs, which will be added to the total amount due. All shipments are custom cleared & door delivered till your post code (Unless agreed specifically). This includes cost of Ocean Freight, Custom Clearance & Haulage charges. Any Duty, Demurrage or custom examination charges will be borne by you on actual basis.
7.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
7.5 Our standard deposit rate is 30% for regular orders and 50% for bespoke orders. We may request for full payment for all Goods to be made in advance. Our preferred method of payment is CHAPS or BACS however we do accept cheque payments against Orders (subject to realization). All payments must be made at least 5 days before a container docks the port. Any consequential expense will be billed and must be paid in full before a delivery is organized. We will NOT deliver the Order without full and clear realization of funds.
7.6 If you do not make any payment due to us by the due date for payment (as set out in clause 7.5, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7.7 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
7.8 Clause 7.6 and clause 7.7 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 8.3 and clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 We will not be liable for any indirect or consequential loss whatsoever arising from, or in connection with the supply of defective goods, delay in delivery, non-delivery, or loss or damage to goods whilst in transit to the property of the purchaser, or any third party. Further we will not be liable for any damage to property, fixtures or fittings during, or after the delivery of product to you. It is your responsibility to ensure that there is sufficient access to enable safe delivery of goods and assist the driver in off-loading.
8.3 Subject to clause 8.4, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings;
(e) loss of data; or
(f) any waste of time.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.4 Nothing in this agreement excludes or limits in any way our liability for:
(a) fraud or fraudulent misrepresentation; or
(b) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) pandemic or epidemic.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Global Vision Direct Ltd at 85, Bullbrook Drive, Bracknell, RG12 2QE, England, UK AND/OR [email protected] We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.4 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.
These Standard trading conditions are effective from 27th Oct. 2010.