Terms & Conditions

1. GENERAL

1. In these conditions (i) "we" or "us" means Rack & Shelf Labels (UK) Limited (ii) "Goods" means the goods or services specified or implied in any order placed with us (iii) "you" means the purchaser or lessee of the Goods.
2. This contract contains the entire bargain between you and us and in the case of any inconsistency between these terms and conditions and the terms and conditions of any other contract documents sent by you to us (whatever their respective dates) in respect of the Goods these terms and conditions shall prevail.
3. Any description or illustrations in our catalogues, price lists or other advertising materials are intended merely to present a general idea of the Goods and shall not form representations or be part of the contract.
4. Any concession or waiver made by us at any time shall not prejudice the exercise of your rights hereunder.
5. You are deemed to have satisfied yourself that the Goods are suitable for the purpose and capable of performing the function and use to which you are intending to put them.
6. No waivers alterations or modifications of these terms and conditions shall be valid unless made in writing and signed by the duly authorised representative of the party against whom the same shall be sought to be enforced.
7. We reserve the right to correct any clerical errors made by our employees at any time.
8. Your Order will only be accepted when an acknowledgment is signed by our authorised representative.
9. Any quotation given is an invitation to treat only and the prices stated are a guide which are likely to be varied after 60 days.
10. Each of the clauses of these general terms and conditions and every part thereof shall be separate and severable to the intent that if one clause or one part thereof shall be unenforceable the other clauses and the other parts of the clause respectively shall be effective.
11. The exclusions and limitations contained in these general terms and conditions of sale only apply so far as permitted by any statute order directive or regulation.
12. Any contract between us is not intended to benefit any third party unless expressly so stated in writing.
13. Where applicable herein the masculine shall include the feminine and neuter and the singular the plural and vice versa.
14. “Act of insolvency” means an act involving liquidation bankruptcy making of a winding up order against you or the appointment of any Receiver Administrative Receiver Administrator or Liquidator of you or your assets or upon you suffering any distraint or distress or execution against your goods.

1. Payment is due within 30 days from the end of the month following the date of the invoice. Any variation must be agreed in writing by both parties prior to acceptance.
2. Where orders are placed on line payment is due immediately on placement of order.
3. Where applicable Value Added Tax (or other tax payable by a purchaser) will be added in accordance with United Kingdom legislation in force at the tax point date.

3. PLACE OF DELIVERY

The Goods shall be delivered to the address specified by you at placement of order and you shall be ready to receive them at such place when notified by us and any additional expense caused to us by you due to you not being ready or not providing suitable collection facilities or any other cause shall forthwith be reimbursed to us.

4. DELIVERY DATE

We will use our best endeavours to meet any delivery date but any date named by us for delivery is given and intended as an estimate only and is not to be of the essence of the contract. You shall nevertheless be bound to accept the Goods when available. We shall not be liable in any way in respect of late delivery howsoever caused nor shall such failure be deemed to be a breach of contract unless and until you have given written notice to us making time of the essence and giving us a reasonable time in which to deliver. If we are not willing to accept such delivery date we may without liability cancel the contract and notify you accordingly.

5. VARIATIONS TO THE GOODS

1. We reserve the right to vary the Goods where in our absolute discretion we consider it necessary to carry out the main purpose of this contract. Any variation will be confirmed in writing by us, and approval sought from you, prior to the manufacture or sourcing of any goods or materials necessary to fulfil our obligations.
2. We will endeavour to carry out all reasonable variations to the Goods requested by you but shall not be obliged to accept any such request for variation and shall be entitled to make a reasonable price adjustment consequent upon any variation accepted.

6. FORCE MAJEURE

If events beyond our reasonable control prevent us from performing our obligations hereunder we may without liability cancel this contract.

7. WARRANTY

1. We warrant that upon delivery, the Goods shall be fit for the purpose for which the circumstances of use could be reasonably foreseen by us at the point of acceptance. We will not accept responsibility for any failure of the goods supplied when the circumstances or conditions of use could not have been reasonably anticipated by us when the offer was made.
2. Goods returned under this warranty shall be delivered to our premises at your expense. You will pay for all the services given and expenses incurred by us in connection with Goods returned under the warranty and found not to be defective.
3. In the event of any breach of the above warranty we shall effect such repair or replacement as in our sole judgment we consider necessary to restore the Goods to proper working order but except for such repair or replacement we shall in no way whatsoever directly indirectly or consequentially be liable for any injury loss or damage howsoever arising from or relating to such breach of warranty.

8. LIMITATION OF LIABILITY

1. The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees agents and subcontractors) in respect of.
1. any breach of contract.
2. any representation statement or tortuous act or omission including negligence arising under or in connection with this contract.
2. All warranties conditions and other terms implied by statute or common law (except for the conditions implied by Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from this contract.
3. Nothing in this contract excludes or limits our liability for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation.
4. Subject to clauses b and c.
1. Our total liability for direct loss or damage in contract tort (including negligence or breach of statutory duty) misrepresentation restitution or otherwise arising in connection with the performance of or failure to perform this contract shall be limited to the contract price and.
2. Subject to d(i) we shall not be liable to you for any pure economic loss of profit loss of business depletion of goodwill or otherwise (in each case whether direct indirect or consequential) or for any costs expenses or any other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with this contract.

9. YOUR DUTIES

1. You will do everything necessary to enable us to provide the Goods including attending punctually all meetings called by us providing without delay all information data and statistics required by us, providing our staff with the access required and equipment and giving prompt instructions when requested. We will not require equipment unless clearly identified in the quotation. We will require access to a power supply (110v) and would expect lighting and welfare facilities to be supplied for installation purposes as required.
2. You will in all respects comply with our requirements for work routines and you will do everything necessary to permit us to carry out its normal methods of work.
3. You shall ensure that the Goods are used in a suitable environment and in accordance with our instructions.
4. Any expenses incurred or additional work which has to be carried out by us due to the failure of you to carry out his duties hereunder will be chargeable to you and payable on demand.

10. TIME FOR NOTIFYING DAMAGE AND REJECTION

1. We shall not be liable in any way whatsoever for miss installation or short delivery of Goods or any claim for damage in transit unless a claim is notified to us in writing within 14 days of delivery.
2. You shall not be entitled to partially reject Goods for unsatisfactory quality or for any other reason.

11. OVERDUE PAYMENT AND CANCELLATIONS

1. We shall be entitled to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from time to time on all overdue payments.
2. We shall be entitled to suspend or cancel further deliveries or other services under this and/or any other contract between the parties hereto:.
1. if any payment is overdue or.
2. if you have failed to take delivery of any Goods.
3. For the purpose of this condition time of payment shall be of the essence of the contract.
4. You shall not be entitled to withhold or set off payment in equity or in law for any reason whatsoever.

12. PASSING OF RISK AND PASSING OF TITLE

1. In this clause the word "Goods" shall include (i) goods which have been sorted repackaged or otherwise re presented and promoted (ii) goods which have been operated on in any way by you and (iii) goods to which any other material or thing whatever becomes permanently or temporarily attached either in whole or in part (such goods being deemed to have acquired that material or thing in simple accession or accretion and the resultant combination shall in consequence be identified with the Goods in every way and consequently be and remain our property in accordance with this clause as if the same had always been our property notwithstanding that the value thereof may have been greatly enhanced by reason of the said accession or accretion or that the same shall be a new object).
2. Risk in the Goods shall pass on delivery but the legal property and title in the Goods shall remain ours until any one of the following events happens:.
1. Payment by you of the price of the Goods and of all other things sold or delivered by us to you.
2. Performance by you of any bona fide sub contract of sale of the Goods at their true value, provided you have been given authority to enter into such sub contracts notwithstanding that the property therein remains with us by virtue of these terms.
3. Notwithstanding the retention of title by us you are hereby authorised to carry out any operations to the Goods in the normal course of your trade.
4. The Goods shall at all times be stored or kept and marked or distinguished so as to be easily identified as our property and in particular records shall be kept of their individual whereabouts and, should they be the subject of sub contracts of sale permitted hereunder, records shall be kept of any new buyer thereof and of the prices at which the same are agreed to be sold.
5. The amounts receivable by you pursuant to any sub contract of sale of the Goods permitted hereunder, being receivable upon a sale of the property from us, shall be collected for and held in trust for us, to the extent that such amounts do not exceed the total debt owed by you to us in respect of the price of the Goods and of the price of all other things sold or delivered by us to you.
6. Upon any default by you of any of these terms and conditions (including terms as to payment) or an act of insolvency then we may dispose of or recover any of the Goods entering your premises for the purpose thereof and may issue a credit note to recover our VAT if the we so decide.

13. COPYRIGHT ETC. INFRINGEMENT

You shall be solely responsible for the consequences of any patent, trademark, design, copyright or other infringement of commercial rights resulting from your specification, design or use of the Goods and you shall fully indemnify us in respect of all claims, demands, liabilities, costs, charges and expenses incurred by us as a result of such infringement or alleged infringement.

14. SEPARABILITY

Each delivery of Goods under this contract shall be deemed to constitute a separate contract to which the terms and conditions hereof shall apply, provided that these conditions shall be subject to and shall in no way affect our rights under Clauses 10 above and 14 below to suspend or terminate the whole contract in the circumstances there mentioned.

15. SUSPENSION OF PERFORMANCE

If you:.

1. Make default in or commit any breach of your obligations to us hereunder or.
2. Are involved in an act of insolvency or.
3. Cease or threaten to cease to trade or if serious doubt arises as to your solvency then in any such case we shall immediately become entitled (not effecting other claims and rights under this contract) to suspend further performance of this contract for such time not exceeding six months as we shall in our absolute discretion think fit or (whether or not notice of such suspension shall have been given) to treat the contract as wrongfully repudiated by you and forthwith terminate the contract. We will notify you of the exercise of our option to suspend or terminate this contract within a reasonable time of us becoming aware of the fact or default on your part giving rise to our rights under this condition.

     

16. EXCLUSION OF THIRD PARTY RIGHTS.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract and no person other than the parties to this contract shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.

17. ENTIRE AGREEMENT

1. This contract embodies and sets forth the entire contract, agreement and understanding of the parties and supersedes all prior oral or written contracts, agreements, understandings, representations or arrangements relating to the subject matter of this contract. Neither party shall be entitled to rely on any contract, agreements, understanding, representations or arrangement not expressly set forth in this contract save for any representation made fraudulently.
2. Unless otherwise expressly provided elsewhere in this contract, this contract may be varied only by a document signed by both of the parties making express reference to this clause.

18. ARBITRATION

If at any time any dispute shall arise between you and us in connection with this contract we may give notice in writing of the existence of such dispute to you and require the same to be referred to the arbitration of a person mutually agreed upon or failing agreement to some person appointed by the President for the time being of the Law Society. The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Acts.

19. JURISDICTION

This contract shall be interpreted according to English law and only the English Court shall try any action arising out of this contract.

20. ONLINE PURCHASES

The following clauses shall only apply to purchases made on our online services:-

1. PAYMENT INFORMATION
   When you place an order for goods, personal data provided by you can be transferred to a payment provider (e.g., PayPal), acting as data processor for such data. Such data are only processed by the payment provider in order to process your payment instruction. Your personal data will not be provided to third parties other than the Financial Institutions for the chosen payment method.
   You will provide the cardholder’s name as it is shown on the card. The processing of the payment may be done by a third party service provider. The payment service providers’ terms & conditions are not a part of Rack & Shelf Labels (UK) Limited General Terms & Conditions. Following payment of your order, your bank statement may include a reference to the third party service provider (such as “Bibit internet payments”).
   We will not sell information about you as an individual or your personal usage of the site.
   
   
2. CREDIT CARD SECURITY
   Credit card payments are collected securely using Shopify Payments. Please refer to Shopify's Provacy Policy for more information.
   
   
3. PRIVACY POLICY
   Rack & Shelf Labels (UK) Limited do not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option.
   Data collected by this site is used to:.
   
   - Take and fulfil customer orders.
   - Administer and enhance the site and service.
   - Issue a unique identifier (e.g. customer login).
   - Monitor customer account status beyond that required for individual purchases.
   - Only disclose information to third-parties for goods delivery purposes.
   - We do not record any financial details, credit or debit cards.
   
   
   
4. SHIPPING AND HANDLING
   Deliveries for orders placed by 1pm in the Mainland UK are usually dispatched the same day on a next day service orders for other locations will be dispatched on a 3 to 6 day service.We will not ship before we have received payment. If you pay by credit or debit card, the purchase price will be deducted from your account as soon as your order has been completed online. Payments can only be processed if the billing information can be verified. We will contact you if we have any problems taking payment from the card details you provide during the order process.
   Taking payment does not mean we have accepted your order and, in the event of us not accepting your order, a full refund will be given as soon as reasonably possible.
   
   
5. COOKIES
   In addition to the information, which you supply to us, information and data may be automatically collected through the use of cookies. Cookies are small text files the site can use to recognise repeat users and allow us to observe behaviour and compile aggregate data in order to improve the site for you. Our cookies also enable us to enhance your visitor experience by storing information about the products and services that you select, so that we can provide you with focused information each time you visit our website. Most browsers automatically accept cookies, but you can usually change your browser to prevent cookies being stored, however if you do turn cookies off this will limit the service that we are able to provide to you.
   
   
6. CONTACT US
   All our correspondences are dealt via email at info@rackandshelflabels.co.uk if however you feel that we have not replied in a timely manner or that your request requires that you speak to one of our advisors you can call customers services and speak with an operator on +44 (0)1925 812817. You may also contact us in writing, our address details are Unit 8, Adlington Court, Birchwood, Warrington, Cheshire, WA3 6PL. United Kingdom.
   
   
7. RETURNS POLICY
   If you are not happy with your purchase you can return it to us. You must return the item within 30 days of receiving it and you must pay for the return postage. The product must be unused and in perfect condition. If we are happy with the condition of the goods then we will issue a refund for the price paid minus any outgoing postage charges (if applicable).