Wholesale Trade Terms

FULL TRADE & WHOLESALE TERMS OF SERVICE

2019

The following only applies to Trade and Wholesale customers. If you are a customer for direct sales on the Comisario Website - click here for terms.

GENERAL

These conditions of sale shall apply to all Contracts of Sale made by Comisario Limited (“the Company”) and shall continue to apply in the event that the Buyer may by its order or in any other manner seek to impose contrary or inconsistent terms and/or conditions which may seek or purport to modify or negate these conditions

BASIS OF THE SALE

  • The Company shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contact.
  • No variation to these Conditions shall be binding unless agreed in Writing between the authorised representative of the Buyer and the Company.
  • The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.

ORDERS AND SPECIFICATIONS

  • The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specifications) submitted by the Buyer, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
  • No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in Writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profits), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.

PRICE OF THE GOODS

  • The price of the Goods shall be the Company’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Company’s published price list current at the date of acceptance of the order.
  • The Company’s list price does not include VAT which the Buyer shall be additionally liable to pay to the Company at the prevailing rate.

TERMS OF PAYMENT

Subject to any special terms agreed in writing between the Buyer and the Company, the Company shall issue a pro forma invoice and dispatch the goods only upon receipt of full payment.

Where credit terms are agreed these may be withdrawn without notice.

Late payment will automatically incur a £25 admin charge plus 8% APR interest on top of the Bank of England base rate for everyday overdue.

DELIVERY

  • DELIVERY RATES
    • UK - Mainland
      • Free carriage on orders above £400 (ex-VAT)
      • £12 carriage charge on orders between £200-399 (ex-VAT)
    • Northern Ireland & Republic of Ireland, UK Highlands & Islands
      • Free carriage on orders above £400 (ex-VAT)
      • £30 carriage charge on orders between £200-399 (ex-VAT)
    • EUR Zone 1 (Belgium, France, Germany, Luxembourg, Netherlands)
      • Carriage free on orders over £500
      • £15 carriage charge on orders under £500
    • EUR Zone 2 (Austria, Czech, Denmark, Italy, Slovakia, Spain, Switzerland)
      • Carriage free on orders over £500
      • £20 carriage charge on orders under £500
    • EUR Zone 3 (Rest of Europe, excluding Russia)
      • Carriage free on orders over £600
      • £30 carriage charge on orders over £600
    • Rest of World
      • Please email orders@comisario.co for delivery rate.
  • If minimum order cannot be fulfilled with available stock, delivery will be delayed once all available stock is able to be sent.
  • The Company shall not be liable for the consequences of non-delivery due to circumstances outside its control or to the inability or refusal of one or any of its suppliers to supply or deliver any goods to the Company.
  • Any dates quoted for the delivery of the Goods are approximate only and the Company shall not be liable for the delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
  • If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the Company, they may:
    • Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
    • Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
  • All goods must be examined at the time of actual delivery to the Buyer and a clear signature must be provided by the Buyer confirming receipt of the Goods in good condition.

RETURNS

Goods cannot be returned once a sale is agreed, without prior agreement of the Company in writing. Except in circumstances warranting a claim (see below).

In the event of goods being returned, they must be in their original wrapping and packaging and in pristine, resalable condition.

DESIGN AND SPECIFICATION

The Company reserves the right without notice to modify or amend designs and specifications. Advertisements, catalogues and other material are only intended to present a general indication of the products.

CLAIMS

To process a claim you must email our customer service team within 3 days – orders@comisario.co You will be asked for proof of damages, such as photographic evidence. Failure to produce sufficient evidence will mean a claim will be rejected.

COPYRIGHT AND TRADEMARKS

Under no circumstances shall any Intellectual Property Rights in any of the Goods of Company’s products be infringed. It is the Company’s policy to take immediate action in the event of such infringement. If any Buyer becomes aware of any apparent imitations of the Company’s designs it would be appreciated if the Company were so advised so that appropriate action can be taken.

 

RISK AND PROPERTY

  • Title to the Goods shall remain in the Company until the Company has received payment in full for the Goods. The risk in the Goods shall pass to the Buyer on delivery.
  • The Buyer grants an irrevocable licence to the Company to enter the Buyer’s premises for the purpose of repossession of the Company’s property.

FORCE MAJEUR

The Company accepts no liability for delay or non-performance of any terms of contract caused by force majeur of by any industrial dispute, accident, fire, scarcity of labour or by any cause not directly within the Company’s control.

 

ONLINE POLICY

  • In accordance with the UK Competition Act 1998 (as amended), the customer agrees that they will not sell Comisario products or the brands they are responsible for in the UK and Ireland, through any price comparison website or third party online seller, such as Amazon, Ebay etc, within the market place without prior written consent from Comisario senior management team. Comisario reserves the right to cease trading with any such parties who fail to agree with these terms.
  • New ‘online only’ customers must apply for an account specifically to trade online – this must meet criteria set by Comisario. We intend to keep our ‘online only’ retail numbers limited in order to support our existing online and retail stores.
  • Retailers with bricks & mortar premises are permitted to sell online via their own wholly owned websites. Rights are not awarded to reproduce any intellectual property via any other website without written permission.
  • Existing ‘online only’ customers shall make Comisario aware of their websites prior to listing any Comisario products online, along with details of the ranges listed and the intended website used for the solicitation of sales.

GENERAL

  • No wavier by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
  • If any provision of these Conditions is held by any competent authority to be invalid or in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

COMPANY DETAILS

Comisario Ltd
Action House
53 Sandgate Street
London
SE15 1LE

Reg No: 107 093 44
VAT / EORI: GB 269 4899 27 000
orders@comisario.co