Its terms of trade are set out as below and are applicaple to all merchandise purchased through the 'Cardgains Web Shop' tab of this web site.
SWS LTD operate a service to members on behalf of suppliers to Cardgains at two levels, being either:
1. To download supplier orders from the web shop and pass these orders back to the nominated supplier to replenish (known as a 'Market place' supplier) or
2. To download supplier orders from the web shop combine these orders and deliver to the member through its nominated Warehouse service. (known as a 'The SWS distribution service')
How each of the supplier types orders are handled is the exclusive decision of the Supplier. SWS Ltd does not have the facility to over ride which ever method is elected by the supplier.
All Orders placed through the web shop are on a firm sale basis, unless negotiated separately by the supplier of the product, who will deal with any returns or credits outside of the SWS service. SWS Ltd will not recognise any claim for credit for Sale or Return agreements made between the supplier concerned and the member.
Carriage within the United Kingdom through the 'SWS Distributed Supplier' service will be paid on orders of net value above £100, otherwise chargeable at £5.25 per delivery. Orders fulfilled from direct (Market place) suppliers will be at the discression of the supplier, and will be published on the web shop in the basket view below the suppliers products and at the point of check out. No re-claims for carriage charges rightfully levied will be recognised by SWS Ltd.
Although every effort is made to maintain current listed prices and advise the buyer in advance of any pending charges, we reserve the right to amend prices and specifications without notice. Orders are accepted at the price prevailing at the time of despatch (All orders are net of VAT). Any cards requested as cello wrap will be charged at .10p per card, and must be clearly stated in the 'special Instructions' area on all orders prior to submission. No claim to return goods if not cellowrapped and if not requested on the order will be recognised by SWS Ltd.
Cello wrap orders will take up to 1 week to replenish due to the time involved in bespoke wrapping of orders. If any products ordered are not able to be cello wrapped due to size or shape, they will be cut from the order without notice to the customer.
Payment of all invoices, is via the Cardgains Statement system as per the members terms issued by Bridewell Uk Ltd, Invoices will be paid by Cardgains to 'SWS Ltd, at the end of month following the month in which the invoice is dated, with the exception of seasonal invoices which fall due for payment on the last day of the month in which the season falls.
Must be notified, in writing, within 7 days of invoice date. Otherwise no further claim for non receipt will be recognised.
Must be notified to SWS Ltd. within 7 days and confirmed in writing within 14 days if provided by SWS Ltd. Otherwise no further claims will be recognised. All shortages and damages will be replaced by SWS Ltd, or direct suppliers (if goods not provided by SWS Ltd), with physical stock and will not be subject to credit alternatives.
No products are accepted to our offices/warehouse without prior documented authorisation from the Company, and as such will be returned to the buyer, with all freight and associated costs of doing so being re-charged to the buyer.
If goods are refused by the buyer on delivery and returned to the Company, and where it is proven that the Company holds an order submitted to the web shop from the buyer for such goods, and has delivered such goods within these terms, the buyer will be liable to bear the costs of such delivery and administration charges at 20% of the order value.
Any goods purchased for sale over the Internet are subject to our 'Online Retail Terms of Sale’, as outlined below, and which include the specific reference to Emotional Rescue Ltd branded goods which if ordered cannot be made available for re sale via any form of online medium.
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, not withstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid.
Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered. h2. CONDITIONS OF SALE Any variation of these conditions in any document of the buyer is inapplicable unless agreed in writing by the seller.
Where a period is named for delivery, and such period is not extended by mutual consent in writing or under the provisions of clause 9 hereof, the buyer shall take delivery within that period. Any time or date for delivery named by the seller is an estimate only, and the seller shall not be liable for the consequences of any delay. Where specifications are to be supplied, the buyer shall supply such specifications in reasonable time to enable the seller to complete delivery within the period named.
Where goods are sold f.o.b., the responsibility of the seller shall cease immediately goods are placed on board ship and the seller shall be under no obligation to give the buyer the notice specified in section 32(3) of the Sale of Goods Act 1893. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the seller.
Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the seller and accepted by him as defective, will at the request of the buyer and if practicable be replaced as originally ordered.
Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract. No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless, in the case of damage in transit or shortage of delivery, separate notice in writing is given to the carrier concerned and the seller within 7 days of receipt of goods, followed by a complete claim in writing within 14 days of receipt of goods, and in the case of loss of goods, notice in writing is given to the carriers concerned and to the seller and a complete claim in writing made within 14 days of consignment.
Where goods are accepted from the carrier concerned without being checked, the delivery book of the carrier concerned must be signed not examined. Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either seller or buyer during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the seller or buyer respectively.
In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved, or in event of national emergency or if the sellers works should become either directly or indirectly so engaged on government orders or orders under priority directions as to prevent or delay work on other orders, the seller shall be entitled at any time, on notice to the buyer, to make partial deliveries only or to determine the contract without prejudice in any case to rights accrued in respect of deliveries already made.
If the buyer shall make default in or commit a breach of the contract or of any other of his obligations to the seller, or if any distress or execution shall be levied upon the buyers property or assets, or if the buyer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the buyer is a limited company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver of such company's undertaking, property or assets or any part thereof shall be appointed, the seller shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the buyers last known address any subsisting contract shall be deemed to have been determined without to any claim or right the seller may otherwise make or exercise.
The buyer shall indemnify the seller against all damages, penalties, costs and expenses to which the seller may become liable as a result of work done in accordance with the buyers specification which involves the infringement of any letters patent or registered design.
The goods supplied shall remain the property of the seller until full payment has been made and the right is reserved to reclaim without notice any goods to the value of the outstanding debt, as per our ROT clause above. Any dispute under the contract shall be referred to an arbitrator or arbitrators to be appointed by the parties, or in default of agreement, by the President of the The Law Society for the time being, and his or their decision shall be binding on both parties, and this shall be a submission to arbitration within the Arbitration Act 1950, or any statutory modification thereof for the time being in force.
Contracts and orders are accepted subject to the seller receiving any necessary licence to purchase or to use the required raw materials and to the seller being able to obtain such raw materials. Any price quoted by the seller or comprised in the order or contract is provisional only and is subject to the following conditions:
Where the seller can obtain raw material at a firm figure on the date on which the price comprised in the order or contract is named he will not vary the price in consequence of variations in the cost of such raw material in respect of orders or contracts accepted for delivery within 1 month of the date of the order or contract. In the case of other raw material the price will be varied according to the figure at which the seller is able to purchase such raw material. In the case of orders or contracts or any part thereof accepted for delivery within 1 month of the date of acceptance of the order or contract the price will remain firm notwithstanding any variation in costs other than the cost of raw material. In the case of orders or contracts or any part thereof accepted for delivery beyond 1 month of the date of acceptance of the order or contract the price will be subject to such reduction or increase as may be applicable at the date of despatch of the goods and of each consignment thereof in consequence of variations in costs other than the cost of raw material. These conditions and the contract shall be subject to and construed in accordance with English law.
(In addition to SWS Ltd. general terms of trading)
Jpeg images are available on request, on receipt of the first order. and allowing 5 working days for dispatch All marketing aids supplied are provided for the exclusive use of promoting the product supplied by Is SWS Ltd. and cannot be used to promote other product types not supplied by SWS Ltd.
All marketing aids are provided ONLY for use to promote images on line and must not be used to produce any product or be part of any product that the online retailer will look to sell either on line or physically without the express written permission of SWS Ltd. Any images supplied are for the exclusive use of account holder and cannot be sold or passed to another individual or business for use in any other manner.Any infringement of copyright conducted through the use of marketing aids provided by SWS Ltd., will become the Online Retailers liability and as such any claims made will be borne by the Online Retailer.
SWS Ltd. act for a number of publishers who all have different strategic requirements regarding internet retailing exposure and as such SWS Ltd.
are contractually bound to honour the requirements of their SWS Ltd. have the right to exclude certain publishers from supply to Online Retailers (Emotional Rescue being one of) SWS Ltd. have the right to withdraw, or request an online retailer to withdraw, any range or product design it has supplied from web exposure without explanation, and the online retailer agrees to comply within 5 working days of such a request. SWS Ltd. will allow the Online Retailer to return any stock they may be holding for such a range/design purchased via SWS Ltd, however SWS Ltd. will not be held responsible for any loss of income/profit incurred by the Retailer for any pending/future customer order fulfillment.
SWS Ltd. can only supply products to an online retailer that owns and operates its own domain name, and retains the right to non supply of all other applications to retail product on line.