StayDry Terms and Conditions
For all enquiries relating to StayDry Rainwear Limited Trading Terms and Conditions please contact:
StayDry Rainwear Limited Registered offices
Tel: 01299 253009
This page gives the Terms & Conditions of Use of StayDry's Website.
If you have a more general question that is not answered here, please try our FAQs page. If you have a question about payments on the website, please visit our Payment FAQs page. If you require information regarding delivery costs or times, please visit our Delivery Information page.
1. Definitions Used Within This Document.
- 1.2. 'Customer' means the account applicant or person who buys or agrees to buy goods from the Company.
- 1.3. 'Company' means StayDry Rainwear Limited.
- 1.4. 'Goods' means any merchandise, products, or replacement products supplied to the Customer from the Company in accordance with these Terms and Conditions of Sale. This does not include Samples supplied free-of-charge.
- 1.5. 'Writing' refers without limitation to facsimile, email, telex, cable, letters and any other comparable means of communication.
- 1.6. 'Contract' refers to the acceptance of these Terms and Condition of Sale as defined within clause 2.2.
- 'Conditions' refer to the Terms and Conditions of Sale as stated within this document.
- 2.1. These Conditions shall apply to every contract entered into with the Company except as varied by express agreement in writing by a Company Director or other authorised person on behalf of the Company. Any Conditions proffered at any time by the Customer and not accepted in writing by the aforementioned person(s) are hereby excluded. Any typographical or other error or omission in any sales literature, quotation or price list shall be subject to correction without liability on the part of the Company.
- 2.2. The Customer's order to the Company is an offer to enter into a Contract upon these Conditions. Acceptance occurs and the Contract is formed solely upon the following Conditions:
- 2.2.1. The Company despatching the Goods to the Customer; or
- 2.2.2. The Customer notifying the Company in writing of its acceptance of a quotation and the Company subsequently despatching to the Customer its acknowledgement of the order; or
- 2.2.3. The Company commencing work upon the order (whichever shall first occur).
- 2.3. Contracts apply only to individual orders, unless otherwise stated or specified in writing and authorised by a Company Director or other authorised person on behalf of the Company.
- 2.4. The Customer shall provide to the Company all information necessary to enable it to perform the Contract (as advised by the Company); if it does not the Company shall use any aliitional time required to fulfil the Contract as it sees necessary.
- 2.5. The Contract cannot be cancelled by the Customer without the express written consent by a Company Director or other authorised person working on the behalf of the Company. If the Company agrees cancellation by the Customer, the Customer with indemnify the Company in full against all expenses incurred up to the time of cancellation together with a reasonable amount by way of liquidated damages for breach of contract as specified by the Company.
- 2.6. These Conditions are only applicable from the date of publication as given above. They do not apply to any Contract made between a Customer and the Company before this date. These Conditions will apply to all contracts made in accordance with clause 2.2. by a Customer with the Company commencing from this date, with no exceptions, bar any made in accordance with clause 2.1.
- 2.7. Nothing in these Conditions will affect the statutory rights of any consumer.
3. Prices and Quotations
- 3.1 All quotations remain valid for 30 days only, useless otherwise specified, and are subject to additional charges mentioned in clauses 3.2. and 3.3.
- 3.2. Unless otherwise stated all prices are exclusive of VAT and charges for printing, storage, packing, carriage & freight, handling, and additional labour charges where deemed appropriate. VAT will be charged at the prevailing rate at the time of despatch.
- 3.3. The Company reserves the right to vary the price of Goods without prior notice to take account of any variation in the cost of materials, exchange rates, labour, duties and charges and taxes, transport costs, insurance, printing and related printing costs, or any other related or necessary costs between the date of the Contract and the date of delivery or completion of payment.
- 3.4. The Company reserves the right to revise and amend prices at any time prior to the despatch of Goods to reflect any direct or indirect costs incurred by the Company in accordance with clauses 3.2. and 3.3. If the price has already been paid in full prior to despatch no price revision may take place without the written agreement of the Customer.
- 4.1. In the case of consumer sales payment must be made in full before the despatch of goods will take place.
- 4.2. In the case of other sales payment is due in accordance with the terms of credit agreed upon entering the Contract. Subject to satisfactory trade, banker's and other requisite references, and where no other terms of payment have been specifically agreed in writing with a Company Director, the Company's terms are cash payment in full to be made within thirty (30) calendar days from the date of invoice. No discount or allowance will be made unless specifically authorised by a Company Director or other authorised person in writing.
- 4.3. Failure to make the full payment shall entitle the Company at its option to treat the Contract as repudiated by the buyer or to delay delivery until paid (in addition to any other remedy). Interest will be charged on all outstanding invoices by way of damages for breach of contract. This will accrue on a daily basis at the rate of 2% per month from the date at which payment of the invoice was due until payment. The Customer will indemnify the Company in respect of all costs incurred in the collection of overdue amounts.
- 4.4. Time for making payment shall be the essence of the Contract.
- 4.5. When a Customer requires logo printing or branding of any products, then 50% of the contract value must be paid including VAT when the order is placed. The balance is then payable on the completion of the goods and before delivery to the Customer. On delivery timescales shorter than 4 weeks full payment is required upon confirmation of order. Any invoice outstanding beyond this period will be referred to Daniels Silverman Limited, Commercial Debt Recovery, and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable. The Company reserves the right to charge for storage should the Customer fail to make payments as requested.
- 4.6. The Company reserves the right to demand security for payment at any time during the course of a Contract.
- 4.7. The Company reserves the right to postpone or cancel a Contract at any time until payment has been received in the event that the Company has any reason to doubt the Customer's ability or willingness to pay by the due date or the Customers credit rating with any other party.
- 5.1 Samples are used solely to allow the Customer to judge the quality of bulk providing an indication only of type and quality of Goods and not so as to constitute a sale by sample. Any sample is purely a representation of the said type and may vary in thickness and design and style. The Customer shall take the Goods at their own risk as to their corresponding with the said sample. 5.2. The Company reserves the right to charge for samples. Samples are not for re-sale.
- 6.1.The Company will not accept any liability for the late delivery or non-delivery of Goods from the Customer to a third party, under circumstances aforementioned in clause 6.1. This is considered to be the liability of the Customer.
- 6.2. The Company may at its opinion deliver goods in instalments; each such instalment will constitute a separate Contract under these Conditions and will be treated by the Company to be so.
- 6.3. All prices for delivery given by the Company are given on an ex works basis. Where delivery is arranged by the Company to a location of the Customers discretion the Company reserves the right to make reasonable charges for transport, packaging and insurance. The Company shall use reasonable endeavour to provide the Customer with prior notice of any such charges.
- 6.5. Delivery shall take place and risk shall pass upon the earliest of the following:
- 6.5.1. The Company handing the Goods to the Buyer or its agents at the Company premises; or
- 6.5.2. The Goods leaving the Company premises for delivery to the Customer; or
- 6.5.3. In the case of Goods supplied by at the time of a service visit by the Company, upon the Company handing the Goods to the Buyer or its agent at the Buyer's premises.
- 6.6. The Company shall be deemed to have performed the Contract by the delivery of a quantity of Goods within 10% above or below the quantity ordered and the Customer shall pay at the price per unit quoted for the quantity of Goods actually delivered.
- 6.7. Failure by the Customer to pay for any instalment or delivery when due shall entitle the Company to withhold further deliveries and the Customer shall be liable for any costs incurred by the Company relating to such Goods which the Company is then entitled to withhold.
- 6.8. The Customer shall notify the Company of incomplete delivery in writing 3 (3) working days of such delivery or in the case of non-delivery within five(5) working days of the date of the relevant invoice.
- 7.1. Subject to these Conditions the Company warrants that the Goods shall be free from defects in workmanship and materials at the time of delivery. Goods that do not conform to this warranty will, at the Company's option, either be replaced or steps taken as the Company deems necessary to render the Goods free from defects or take back the Goods and refund or issue a credit note for the appropriate part of the purchase price provided that the liability of the Company shall not exceed the purchase price of the Goods.
- 7.2. This warranty is subject to the following conditions:
- 7.2.1 The Customer provides written notification of any defects in the Goods, and received by the Company, within five (5) working days of any discovery of defect, and within ten (10) working days of delivery;
- 7.2.2. The Customer affording the Company reasonable opportunity to inspect the Goods and if so requested by the Company to return (at the Customer's risk) the allegedly defective Goods to a specified address, suitably packaged within 20 (twenty) working days from delivery of the Goods;
- 7.2.3. The Customer making no further use of the allegedly defective Goods after the time at which the Customer discovers that they are defective;
- 7.2.4.The Customer has performed its obligations hereunder including full payment of the Goods.
8. Customer Supplied Items
- 8.1.The Customer shall be liable for all artwork, specifications and instructions issued to the Company with orders or pursuant to the contract. The Customer will indemnify and keep indemnified the Company against all loss directly or indirectly arising out of error in or omission from such artwork, specifications and instructions, and against all claims, demands and expenses whatsoever in respect of any infringement or potential infringement of any patents, copyrights, registered designs or third party rights and interests arising out of the Company's use of said material.
9. Sale or Return
- 9.1. Please note that we do not offer a Sale or Return policy under any circumstances.
10. Ownership of Title
- 10.1. Notwithstanding delivery and the passing of risk in the Goods, or any other provision mentioned within these Conditions, legal and beneficial title to the property in the Goods shall not pass to the Customer until the Company has received payment in full of all sums outstanding or owing from the Customer.
- 10.2. Until such time as the Company has received payment in full and the property of the Goods passes over to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent. The Customer shall keep the Goods separate from all others, properly sealed, stored, protected, insured and identified as property of the Company's. Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, and shall keep all such proceeds separate from all other monies or property until such time as the Company has received payment in full.
11. Force Majeure
- 11.1. The Company shall not be liable to the Customer whatsoever in the event that the Company is unable to carry out any provision of the contract for any reason or cause beyond the Company's control.
- 11.2. The Company shall notify the Customer as soon as reasonably practicable after circumstances preventing performance arise. During the continuance of such a contingency the company may, within is absolute discretion withhold, reduce or suspend performance of its contractual obligations without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by any such withholding, reduction or suspension.
12. General Notices
- 12.1. All contracts in the end depend on the willingness of the Customer and the Company to achieve mutual satisfaction. Should any action arise from conflicting conditions not resolved amicably then the Law of England shall be used as the interpreting Law. Each of these Conditions and each paragraph hereof shall be construed as a separate condition. Should any condition(s) hereof be found invalid or unenforceable or an unreasonable restriction of the Company's liability then such provision shall apply to modify and amend these Conditions as may be necessary to make them valid and effective.
- 13.1. All goods must be signed for upon delivery. Please make every effort to be at home when your goods are delivered. In the event that the courier cannot deliver the goods because there is no one there to sign for them, an additional charge may be made before we will attempt to re-deliver the goods. If you are not at home when they attempt to deliver for the third time, the goods will be returned to us, and the courier will make an additional charge (which will be payable by you and will be deducted along the original delivery charge + VAT from any refund due once the order has been returned to us.)
- 13.2. Our website delivery prices apply to the UK Mainland only, and to areas of Northern Ireland. Delivery to overseas areas, including, but not limited to, the Channel Islands, the Scottish Islands, Ireland, IOW, Isle of Man and Europe will be chargeable at a different rate. Goods cannot be ordered from the website for delivery to these areas. Please contact us by telephone instead. If you are ordering from Northern Ireland, and you are ordering fewer than 50 capes, please place your order via the website. If you are ordering more than 50 capes, please telephone us to arrange delivery.
14. Returns and Refunds
- 14.1. From 13 June 2014 the new online Consumer contracts regualtions - which implement the Consumer Rights Directive in UK law - apply to all purchases you make at a distance. Your right to cancel starts the moment you place your order and doesn’t end until 7 working days from the day after you receive your goods. Unless the items being returned are faulty, the purchaser is liable to pay for the return. The items must be returned in the original packaging and must not have been used or have any sign of wear. StayDry must be advised in advance in writing by the customer stating the reasons for the return. The Consumer contracts regulations do not apply to personalised items. Personalised items cannot be returned once ordered unless these items prove to be faulty.
15. Privacy and Online Payments
- 15.1. Online payments are processed securely via Sage and are securely encrypted and protected by a 128bit digital SSL security certificate provided by thawte. Your credit card details are transmitted securely to Protx and are not stored in our database. Your details are never passed on to any third party.
- FAQs - If you have a general question that you have not found the answer to in our Terms and Conditions, please try our FAQs page.
- Payment FAQs - If you have a question about payments in general, or if you have had a problem making a payment on the website, please read our Payment FAQs page.
- Delivery Information - If you have a question about delivery times, areas, or delivery costs, please read our Delivery Information page.