I. Definitions for the purposes of this document:
- Acknowledgement – written confirmation from TSS accepting the Order (including any delivery instructions). Student Shed Ltd – later referred to as ‘TSS’ is a company registered in England and Wales under number 12220688 whose registered office is at Universal Square, Devonshire Street North, Manchester, M12 6JH.
- Client - the person firm or company entering into an agreement with TSS.
- Delivery Acceptance Note – the document signed by the Client to acknowledge receipt of the products in accordance with the Order.
- Order – the order for products requested by the Buyer.
- Terms – these General Terms and Conditions of Sale.
- Website – the website at “www.mytss.co.uk”
2.1 The contract to deliver products comprises the Order, Acknowledgement and these Terms.
2.2 A legally binding contract is made only upon TSS’ acceptance of the Order by way of an Acknowledgement.
2.3 All prices are net prices unless otherwise stated, and VAT at the standard rate and carriage costs are displayed clearly upon the Contract document and subsequent invoicing.
2.4 These Terms apply to the exclusion of any previous agreement or arrangement of terms of any kind submitted or proposed by the Client.
2.5 TSS may change these Terms from time to time by publishing a new version on the Website.
2.6 Any changes to these Terms will apply to Orders entered into at any time following the time of the changes, but will not affect any Order made before the time of the relevant change.
2.7 Any amendments made to the Order or the Terms must be agreed by both parties in writing.
2.8 Any products purchased on the Client’s credit account, under instruction by an identifiable Client user account on the Website. User accounts are only available to members of the Client’s staff over the age of 18.
III. Title and Risk
3.1 Any products that are purchased by the Client through TSS will be at the Client’s risk as from the time that they come into the Buyer’s or Client’s physical possession, or into the physical possession of a person delegated by the Client
3.2 Ownership of the product(s) will transfer to the Buyer upon full payment for the products.
4.1 The Client represents that:
- the Client is legally capable of entering into a binding contract;
- the Client has full authority, power and capacity to agree to these terms and conditions on behalf of the Client;
- All the information that the Client provides to TSS in connection with the Order and account is true, accurate, complete and non-misleading;
- The Client will be able to take delivery of the products in accordance with these Terms and TSS delivery policy.
4.2 TSS warrants that:
- TSS has the right to advertise the products that are made available on the Website;
- The products advertised are sold free of any additional charge, tax or penalty not specified within these terms or the contract document;
- The products purchased will, subject to clause 7.2 below, correspond to the description published on the Website and will be of satisfactory quality.
5.1 Any Order will be shipped only to UK mainland addresses.
5.2 TSS will use reasonable endeavours to deliver the products or services ordered within 3 working days of the written order acknowledgement. However, delivery times are not binding unless otherwise agreed, in writing, by both parties.
5.3 For the Client’s security, TSS will only distribute to an address directly related to the Client.
5.4 The Client will be required to select and confirm the delivery information for the Order. TSS is not liable for any mis-delivery or issues arising from incomplete or inaccurate address information provided by the Client.
5.5 The Client must provide adequate resources to sign for and unload the delivery. All deliveries must be signed for by someone over the age of 18.
5.6 Upon delivery of the Order (unless otherwise agreed), TSS will issue an invoice for the full amount plus delivery charges payable within the credit terms outlined on the invoice.
5.7 The Client is liable for any charges associated to failed or refused delivery, mis- delivery and redelivery except in the case of TSS’ fault or by reason of force majeure. TSS also reserves the right to charge the actual costs of redelivery, even where the initial delivery was free of charge.
VI. Return of Products
6.1 Except where the products delivered are faulty or defective or the products delivered are not materially in accordance with the Order (“Excluded Products”) the Client shall not be entitled to return the products which have been delivered other than at the sole discretion of TSS.
6.2 If TSS agrees to accept the return of any products other than the Excluded Products the return of the products must be returned within 14 days of the Delivery Acceptance Note at the cost of the Client and together with a re-stocking charge of 20% of the value of the Order to be paid by the Client.
6.3 Any products which are bespoke for the Client cannot be returned in any circumstances unless they are Excluded Products.
6.4 Any return products (including Excluded Products) can only be accepted if they are returned new and unused with all labels, tags and wrapping intact.
6.5 TSS is not liable for any charges associated with the return of a cancelled order or returned products save where the products are returned in accordance with clause 7.3.
6.6 TSS will refund any payments made against the returned products within 28 days of the receipt of the returned products, excluding the delivery charge (where applicable) and after any deductions under clause 6.2 above.
7.1 It is the Client’s responsibility to check the quantity and quality of the Order and raise any issues within 2 working days of the receipt of delivery.
7.2 Although product information is regularly updated, TSS is unable to accept liability for any incorrect information which is stated on the website.
7.3 In respect to any Excluded Products the Client may return the Excluded Products or may notify TSS of the return of all or part of the Order. For that purpose the Client shall coordinate the return of the Excluded Products with TSS via email and arrange to return the Excluded Products in accordance with clause 6 above. If the Client chooses to keep the Excluded Products, this will imply the products are satisfactory and that the Client accepts any discrepancies and waives any future right to make any claim for a refund or otherwise.
VIII. Orders & Payment
8.1 All prices are exclusive of VAT unless otherwise stated.
8.2 A valid purchase order must be provided for all Orders.
8.3 TSS may refuse to carry out the Order in the absence of a valid completed Order.
8.4 Unless otherwise agreed, an Order will be delivered in one delivery and a Delivery Acceptance Note must be signed by the Client.
8.5 A final invoice will be issued for the full contract amount, plus any agreed delivery charges.
8.6 Unless otherwise agreed, all invoices are payable within 30 days of the invoice date. The company will charge added interest on all overdue invoices at the APR of 8% above the Bank of England base rate.
8.7 In the event of any disputes, relating to quantity or quality issues, these must be submitted to Head Office in accordance with clause 7.1. If no issue or dispute is raised during this period, then the invoice will be payable in full and any disputes will not be considered.
8.8 Invoice queries must be submitted in writing to Head Office within 14 days of the Invoice date. If no query is raised during this period, then the invoice will be payable in full and any disputes will not be considered.
9.1 TSS’ liability under this contract shall be capped in the aggregate to the charges paid by the Client for the Order provided, save that nothing shall limit either party’s liability for any personal injury or death.
9.2 TSS shall not be liable to the Client for any indirect, consequential or economic losses including, but not limited to, loss of profit.
10.1 This agreement shall be construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10.2 In the event of any dispute arising under this contract, the parties shall use all reasonable endeavours to resolve the dispute and shall, in advance of the issue of legal proceedings, consider alternative dispute resolution including, but not restricted to, mediation.
10.3 TSS may transfer or assign the contract under these Terms.
10.4 The Client may not transfer or assign the contract under these Terms.
End of document.