Terms and Conditions of Sale

NATURAL DYNAMICS LTD
TERMS AND CONDITIONS FOR ONLINE SALES

1. Terms of Order
All sales orders or instructions accepted by the Seller on the basis of these conditions of trading shall exclude any conditions that the Buyer may purport to impose and shall supercede any previous Terms and Conditions issued by Natural Dynamics Ltd.

2. Variation of Terms
Any variation of these conditions shall be null and void unless signed by the seller.

3. Cancellation
A ‘cooling off’ period of up to 14 days from date of despatch is allowed for cancellation. If goods have been delivered to the Buyer within the cooling off period, they may be returned to the Seller by the Buyer for refund of the price of the goods only, providing they are received by the Seller in new saleable condition. Any damage to the goods, marking or contamination with horse or stable debris will invalidate this right of refund.

4. Delivery
a) Delivery dates quoted by the Seller are given in good faith but the Seller shall not be liable for failure to deliver on any specific date.

b) Goods will normally be dispatched within 7 days of receipt of order unless specifically communicated otherwise. At peak times up to 21 days should be allowed for goods to be dispatched.

5. Terms of Payment
Unless otherwise agreed in writing all prices are strictly net cash and shall be paid in full at the time of ordering.

6. Returns
Following the statutory ‘cooling off’ period goods may only be returned for credit if they can reasonably be deemed to be defective. The Seller reserves the right to deduct a reasonable percentage from any refund under these terms, to take into account usage of the goods by the Buyer prior to the defect being communicated to the Seller. Refunds will normally be expedited within 14 days of the goods being returned to the Seller.

7. Privacy
Credit/Debit card details are not retained by the Seller. The Seller warrants that they will not communicate Buyer data with any other party without the Buyers consent except to departments/businesses within the legal jurisdiction of the Sellers.

8. Title
a) If goods are supplied, risk in the goods shall pass to the Buyer on delivery but title to the goods shall remain in the Seller until payment has been received in full by the Seller (without set off unless specifically agreed in writing), whereupon title to the goods shall pass to the Buyer.

c) By entering into a supply contract with the Seller, the Buyer irrevocably agrees not to infringe any of the Sellers intellectual property rights, copy, trade or in any way benefit either directly or indirectly from property with copied design features or visual styling for a minimum of three years or the life of any intellectual property right, whichever is the greater.

9. Notification of Claims
a) The Seller shall be entitled to reject any claim for defective goods or services unless such claim is notified in writing to the Seller within 14 days of delivery, or, if the alleged defect is not immediately apparent, within such longer period as the Seller may reasonably allow in the circumstances.

b) The Seller shall be entitled to reject any claim for non-delivery of the goods or services in whole or in part unless notice in writing is given by the Buyer within such time from the date of dispatch as would enable a claim to be made on the carrier.

10. Opinions and Advice
Any opinion or advice communicated or by the Seller is intended for consideration only and the Buyer shall have no claim against the Seller if the opinion or advice should be deemed inappropriate at any time. Any decisions or actions by the Buyer and the consequences thereof, whether influenced by the advice or opinions of the Seller or not, shall be the sole responsibility of the Buyer.

11. Limitation of Liability
The Seller warrants that the goods or services delivered shall be of normal merchantable quality unless specifically stated to the contrary and will be suitable for any purpose recommended in its publication or in writing to the Buyer. The Seller’s liability is limited to replacement of any goods that do not conform to this warranty or the retail price paid for the goods. This warranty is given in place of and shall be deemed to exclude all other warranties and conditions whether express or implied and whether arising by common law, statute or otherwise. In particular, but without limitations of the foregoing the Seller shall not be liable for the failure of goods or services to be fit for any particular purpose even if the Buyer has previously used the goods or services successfully for any purpose, nor shall the Seller be liable for any loss or damage attributable to the goods or services whether direct or consequential, except liability for death or personal injury resulting from the Seller’s negligence.

12. Force Majeur
Notwithstanding any other provision hereof, should the processing, delivery or dispatch of the whole or any part of the goods or services be delayed, prevented hindered or rendered uneconomic by any causes whatsoever beyond the Seller’s control, the Seller shall be entitled, either to cancel the contract or to postpone or suspend any delivery or deliveries under the contract until, in the Seller’s judgment, such cause shall have ceased to operate. The Seller shall be under no liability in respect of such cancellation, postponement or suspension. Without limiting the generality of the cause or causes referred to above, the same shall include war, fire, accident, breakdown of plant or machinery, strikes and lockouts (whether affecting the Seller’s works or those of their suppliers or their carriers), shortage of or late or non-delivery.

13. Indemnity
The Buyer shall indemnify the Seller against all costs, claims and expenses arising out of any action for infringement or alleged infringement of any patent, trade mark, registered design, copyright, confidentiality or circumvention and any other claim resulting from compliance with the Buyer’s instructions, express or implied.

14. Interpretation
Every contract between the Seller and the Buyer shall in all respects operate and be construed as an English contract and be governed by English Law.

Email contact may be made via the email contact form on the 'Contact Us' page, or at sales@newequinewear.co.uk.