Trade Terms & Conditions
These terms are in addition to the standard terms for Crafting.co.uk.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.crafting.co.uk/trade (Our Site) to you. Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please note, by continuing to place an Order through our site, you agree to these Terms and Conditions.
1. Information About Us
We operate the website www.crafting.co.uk/trade. We are Create & Craft, a division of Ideal Shopping Direct Limited, a company registered in England and Wales under company number 01534758 and with our registered office at Ideal Home House, Newark Road, Peterborough, PE1 5WG. Our main trading address is Ideal Home House, Newark Road, Peterborough, PE1 5WG. Our VAT number is GB 738 1640 28
2. Your Status
By placing an order through Our Site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old
3. How the Contract is Formed Between You and Us
3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the "Order Acknowledgment"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order ("Despatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Despatch Confirmation.
3.2. The Contract will relate only to those Products we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed acceptance of your order for those other of such Products within a separate Despatch Confirmation.
We will accept pre-orders for stock ahead of launch on the website. Pre-order stock can be ordered via your Agent or with us directly. A deposit of 50% is required in order to secure the pre-order stock. The remainder of the payment will be taken by us when stock becomes available, we will contact you to take this payment.
5. Quality and Packaging
5.1 The Products supplied to you by us under the Contract shall: (a) conform to the Specification applicable to the relevant Product; (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by us; (c) comply with all applicable statutory and regulatory requirements.
5.2 Except as set out in these Terms and Conditions, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
5.3 We shall obtain and maintain all licences, permissions, authorisations, consents and permits needed to supply the Products.
5.4 We shall comply with all applicable laws, enactments, orders, regulations and other instruments relating to the packing, packaging, marking, storage, handling, and delivery of the Products.
6.1 We shall deliver the Products: (a) on the date specified in the order or, if no such date is specified, then within 14 days of the date of the order. Please note that if you have order via a "Pre-Order ", stock will be despatched within 7 days after payment has been received; (b) to such location as is set out in the order.
6.2 We shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition.
6.3 We shall not deliver the Products in instalments without your prior written consent. Please note "Pre-Orders " are exempt from this clause.
7. Risk and Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and Payment
8.1 The price of the Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.
8.2 Product prices are excluding VAT.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
8.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all products must be made by Visa, Mastercard or PayPal. We will authorise your credit or debit card immediately, but will only capture the funds once we have sent you the relevant Dispatch Confirmation, until then it may show as a pending payment on your account. However, if you choose to pay by PayPal, your payment will be taken immediately, at the point you place the order.
9. Acceptance and Defective Products
9.1 You may reject any Products delivered to you that do not comply with clause 5.1, provided that notice of rejection is given to us: (a) in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; and (b) claims relating to allegedly defective Product(s) must be made within 28 days following the date of delivery to the you and the defective Product(s) returned to us within such period at your expense. We may then, at our sole option, either replace the defective Product(s) or issue a credit note in respect thereof.
9.2 If you fail to give notice of rejection in accordance with clause 9.1, you shall be deemed to have accepted such Products.
9.3 If you reject Products under clause 9.1 then you shall be entitled to: (a) require us to replace the rejected Products; or (b) require us to repay the price of the rejected Products in full. Please note, we do not offer a repair given the nature of the products.
9.4 Where clause 9.3 applies, once we have complied with your request, we shall have no further liability to you in respect of the rejected Products' failure to comply with clause 5.1.
9.5 These terms and conditions shall apply to any replacement Products supplied by us.
We warrant to you that any Product purchased from us through our Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. In these respect's we warrant Products for 12 months following the date of delivery.
11. Our Liability
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.2 Subject to clause 3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time
However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.
11.3 Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987;
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Ideal Shopping Direct at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing
19. Our Right to Vary These Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and Jurisdiction
Contracts for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non- contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non- contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
These terms and conditions were last updated on 6th March 2020. We may change these terms and conditions at any time and without prior notice.
Please contact [email protected] should you have any queries regarding these terms and conditions.