Trade Terms of Trading
WHOLESALE TERMS OF TRADING
All wholesale orders are accepted subject to the following terms and conditions of sale. By purchasing goods from THABTO LTD, you “the customer” hereby agrees to these terms:
- Initial Orders will be accepted strictly on a Pro Forma basis. Your order will be despatched upon receipt cleared payment.
- THABTO LTD offer to accept payment by credit card, debit card, BACS, CHAPS or PayPal. Payment by cheque is discouraged. Cleared funds are required prior to shipment. If you choose to pay by credit or debit card, we will take payment on the day of shipment for the exact stock being sent. If you choose to pay in advance by another method, we cannot guarantee that we'll be able to ship every item on your order. Unshipped items will go onto automatic pre-paid backorder.
- Applications for credit accounts will only be considered after the total value of completed orders exceeds £1500 and if accompanied by acceptable trade references.
- Credit terms will not be offered to companies registered outside of the UK.
- Unless otherwise agreed in writing, standard terms for customers who have been approved for credit by THABTO Ltd are due for payment within 30 days nett from receipt of invoice. Invoices unpaid after 40 days are subject to a £50 per week interest charge. For every full 7 days your invoice remains unpaid beyond 40 days, £50 will be added to the invoice value. After 60 days we will begin legal proceedings to recover the debt.
- If payment is not made by the due date credit terms may be withdrawn.
- If payment is not made by due date, customer and credit information may be shared for monitoring and administration purposes with our representative body The Giftware Association and with other members of The GA.
- Customers who have not ordered within 12 months may be required to reapply for their trade account.
- Orders for bespoke, customised or non-standard goods will be accepted only with a minimum of 50% deposit and full payment upon delivery.
- Any variation in the order agreed between the parties shall entitle THABTO LTD to vary the price to cover the cost of such variation.
2. PACKING AND DELIVERY
- UK MAINLAND: Free carriage on orders of value over £250 excluding VAT. £10 packing and delivery charge applied to orders of value less than £250 excluding VAT unless otherwise pre-agreed.
- NON UK MAINLAND: THABTO LTD are able to arrange carriage to any international destination on your behalf. The cost and method of shipping will be agreed prior to shipment. If you prefer to use your own method of shipping, THABTO LTD will work with your shipping agent or courier. We will offer free carriage on orders of value over £250 excluding VAT
- Deliveries to some international destinations may incur local import duty, taxes and charges which are the responsibility of the customer unless otherwise agreed.
- THABTO LTD are responsible for ensuring that goods supplied to the customer are adequately packaged for safe transportation.
- If goods must be received by a certain date this must be noted on your order.
- The Customer is responsible for ensuring the safe onward transportation of goods where the items will be split and transported onwards. THABTO LTD does not guarantee that any individual item’s packaging will be sufficient for onward transportation unless a specific agreement has been made when the contract is agreed.
- THABTO LTD does not guarantee that any individual item’s packaging will be sufficient for onward transportation unless a specific agreement has been made when the contract is agreed.
- THABTO LTD accepts responsibility for any damages to goods in transit due to lack of sufficient packaging on products dispatched from a THABTO LTD warehouse.
- THABTO LTD does not accept any responsibility for any damage sustained in transit where the goods have been sufficiently packaged (E.g. Goods left outside in rain).
- THABTO LTD accepts no responsibility for 3 party courier companies failing to adhere to allotted delivery slots or time related delivery requirements set out by the customer. THABTO LTD will not accept any deductions or fines associated with these failings.
- THABTO LTD will always charge VAT at the prevailing UK rate unless you are a non UK registered company within the EU who can provide a valid tax number.
4. CANCELLATIONS AND BACK ORDERS
- Orders for immediate delivery may not be cancelled.
- Orders for later delivery must be cancelled in writing at least 14 days before requested ship date.
- If any product is out of stock when an order is placed, these items may be placed onto back order. If the customer does not accept back orders this should be stated explicitly upon placing an order.
- Back orders are shipped free of charge.
5. DAMAGED GOODS
- Any damages or non-delivery must be reported immediately – No complaints can be considered unless made within 10 days of receipt of goods.
6. FAULTY GOODS, WARRANTIES AND LIABILITIES:
- Subject to conditions and provided the total price has been paid by the due date for payment, THABTO LTD warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship. THABTO LTD will (at its own choice) either replace, repair, or give credit for Goods that are found to be faulty within THABTO LTD’s warranty period relevant to Goods of that type, photographic proof will be required. Unless otherwise stated the standard warranty period for all goods supplied by THABTO LTD will be 12 months from the date of purchase.
- THABTO LTD will as far as possible endeavour to ensure that all goods supplied are safe and compliant with any relevant standards with regard to the specific intended and stated use for the goods. THABTO LTD cannot be held responsible for defects arising from misuse or mishandling of goods. Any fault or damage to the goods supplied should be reported to THABTO LTD immediately, failure to do so may affect the warranty.
- The Customer will indemnify and keep indemnified THABTO LTD against all claims, proceedings, costs and expenses in connection with any third party claim based upon any allegation that the safety of the Goods (or materials or components comprised within the Goods or any goods in which the Goods are incorporated) is not such as persons are generally entitled to expect, save where such deficiency in their safety was present at the time the Goods were despatched to the Customer or its agents by THABTO LTD or its agents.
- THABTO LTD do not operate on a sale or return basis.
- A 20% restocking fee is applied to all non-defective and/or unauthorised returns.
- Any returns must be confirmed with us in writing at least 5 business days prior to delivery to an address specified by us otherwise THABTO LTD may be unable to acknowledge receipt of the returned goods and will therefore be unable to offer a refund.
- Any claim for damaged or defective goods can only be entertained if the goods are returned to THABTO LTD in their original packaging or similar suitable packaging to ensure sufficient protection in transit or if the goods are made available for collection from the location to which they were originally delivered by THABTO LTD or its authorised agents
8. RETENTION OF TITLE
- All products supplied to the Customer by THABTO LTD, shall remain the sole and absolute property of the THABTO LTD, both in law and equity until the Customer shall have paid to THABTO LTD the agreed price, together with the full price of any other products supplied by THABTO LTD, pursuant to any other contract between them.
- The Customer’s right to possession of the products shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up (or in case of a person or firm commit an act of bankruptcy).
- Notwithstanding the retention of property by THABTO LTD in accordance with the above provisions, all products supplied by THABTO LTD shall be at risk of the Customer as soon as they are delivered to the Customer’s premises or otherwise to order. The Customer shall hold any proceeds of sale as a fiduciary until its account with THABTO LTD is settled.
9. APPROVED RETAILERS, CHANNELS AND LOCATIONS
- THABTO LTD reserves the right to refuse terms and/or supply to any customer who we deem to be reselling or retailing THABTO products through unapproved channels. These unapproved channels include:
- Any third party sales platform including but not limited to eBay and Amazon.
- Any third party retail or wholesale company based in the UK or abroad.
- Shops and websites that have not been authorised as official THABTO LTD stockists.
- THABTO LTD requires information including web addresses for every channel that the customer trades on, including third party Auction sites such as Amazon or eBay. Failure to notify THABTO LTD of these channels may result in termination of supply.
- Customers with new or moved locations should notify us for approval in advance.
- In order to maintain the premium image of the THABTO brand, THABTO LTD carefully considers each customer and reserves the right to reject any customer who does not meet our standards for quality of service or sells conflicting products or brands.
10. MINIMUM ADVERTISED PRICE (MAP) POLICY
- THABTO LTD operates a Minimum Advertised Price (MAP) Policy to support and protect resellers of THABTO products and to uphold the reputation of the THABTO brand and products.
- The minimum advertised price for any THABTO LTD product shall not be less than 10% below the listed retail price at any time
- The MAP policy applies to all advertisements of THABTO LTD products in any and all media, including, but not limited to, Internet or similar electronic media, email newsletters, television, radio, posters, flyers, mailers, inserts, newspapers, magazines, catalogues, mail order brochures, and public signage. The MAP policy is not applicable to any advertising that is displayed exclusively in the store and not distributed to any customer(s)
- MAP applies to advertised prices only and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the reseller’s retail location or over the telephone. THABTO LTD sales representatives remain free to sell these products at any prices they may choose.
- MAP does not establish maximum advertised prices. All sales representatives and resellers may offer THABTO LTD products at any price above the listed price.
- THABTO LTD reserves the right to refuse terms and/or supply to any customer who we deem to be intentionally failing to abide by the MAP policy.
- THABTO LTD may at its own discretion take immediate action under this policy without providing prior notice or issuing any warnings.
11. INTELLECTUAL PROPERTY
- You must not register any product, brand or our business name as a trade mark, domain name or company name anywhere in the world nor claim any rights over the said brands. You should bring to our attention any infringements of our intellectual property rights in our brands or materials or products and help us with any proceedings against infringers. You must resell our Goods as we supply them to you and not interfere or alter or tamper with them nor combine them with other products or repackage or rebrand or co-brand them without our prior approval.
- You will submit to us on demand all proposed advertising you propose to use in connection with the Goods so we can check it complies with our standards.
12. PRIVACY AND PERSONAL INFORMATION
- THABTO LTD keep a record of your addresses and contact information for the purposes of delivering and invoicing orders. From time to time you may receive correspondence from THABTO LTD to inform you of product news, events and information. You may contact us at any time to request that we do not provide you with such information and you may unsubscribe from any email immediately and forever with one click.
- THABTO LTD will never pass your details to any third party. In order that we can offer you a better service in the future we retain details of your order history.
- THABTO LTD does not store your credit card details.
- You may include THABTO in any advertising campaigns including Google Adwords but may not directly associate the THABTO brands or products with any words that may in any way denigrate our brand, including but not limited to "cheap", "sale", "money off", “discount”, “reduced”. If in doubt please check with us in advance.
14. FORCE MAJEUR
- THABTO LTD will not be liable or deemed to be in breach of contract because of any failure to supply/deliver as a result of any cause beyond its control. THABTO LTD cannot be held responsible for unforeseen circumstances and will not accept fines or charges under such circumstances.
15 CHANGES TO TERMS
- These terms are variable and subject to change without notice. THABTO LTD reserve the right to vary these terms from time to time as we see fit.
- These terms may be withdrawn without notice and may vary from contract to contract.
- A written copy of our current terms is available upon request.
If you have any questions regarding these terms please contact us at any time:
+44 (0)20 3176 2619