Terms and Conditions

Terms and Conditions

1.1 All dealings including all quotations and any order placed following such quotation are subject to the following conditions of sale in which THE DIRECT TABLEWARE COMPANY LIMITED is referred to as ‘The Company’.

1.2 No purported variation of these terms shall constitute a contract until accepted in writing by The Company. The Company reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email. An order is only deemed confirmed once the goods have been despatched.

1.3 Prices quoted by The Company are firm for 30 days only or until previously withdrawn. Unless otherwise stated, all prices are exclusive of any applicable VAT (value added tax), for which the customer shall be additionally liable to The Company. The Company shall be entitled to increase such prices by any increase in costs between the date of order and delivery.

1.4 Approved credit account customers shall pay the price in full strictly in accordance with terms agreed with The Company otherwise payment is due with order. If payment is not made on or before the due date, the customer shall pay The Company interest at the rate of 4% per annum above the base lending rate of National Westminster Bank plc from the due date for payment until the date of actual payment.

1.5 For credit or debit card orders, payment will be debited to the Buyer's card at point of order of the goods

1.6 Delivery periods and dates are given in good faith, but are not the subject of any warranty or condition, and time shall not be of the essence of the contract in these respects. No liability will attach to The Company if delivery periods or dates are not met for any reason whatsoever.

1.7 The Company warrants that all goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12 months from the date of delivery. The Company's obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods, which shall be returned to The Company by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statute or otherwise) and is subject to the following conditions:

1.7.1 Claims for damage or short delivery must be notified in writing to The Company within 48 hours from the date of delivery.

1.7.2 The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.

1.7.3 The Company shall be under no liability if the defect or failure, in the reasonable opinion of The Company, arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow The Company's instructions, or alteration or repair of the goods without The Company's prior approval.

1.7.4 The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.

1.7.5 The above warranty does not extend to parts, materials or equipment not manufactured by The Company, in respect of which the customer shall be entitled only to benefit of any such warranty or guarantee as is given by the manufacturer to The Company.

1.7.6 Except in the case of death or personal injury caused by The Company's negligence, The Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.

1.8 Packaging, carriage and insurance charges in respect of delivery of the goods to the customer will be charged to the customer at cost to The Company.

1.9 The Company does not accept any liability for loss or damage to the goods while in transit to the customer.

1.9.1 In the event of damage during transit, if the issue is reported to The Company within 48 hours, along with photographic evidence, The Company will send replacements, or a credit note will be issued.

1.9.2 In the event of loss during transit, replacements or a full credit will be given after a full investigation has been carried out by The Company and the carrier.

1.9.3 All liability lies with the carrier in the above instances

1.10 The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.

1.11 The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of The Company's obligations in relation to the goods if the delay or failure was due to force majeure or to any other cause beyond The Company's reasonable control.

1.11.1 The goods sold under these Conditions shall remain the absolute property of The Company and legal title in the goods shall remain vested in The Company until payment in full of all amounts invoiced or due to The Company in respect of the goods, or until the goods are resold by the customer whichever shall first occur.

1.11.2 If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the goods has passed in accordance with this condition, The Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the customer shall have authority to sell goods to which The Company has title without the prior written consent of The Company.

1.11.3 Until such time as the property in and legal title to the goods passes to the customer, the customer shall hold the goods as The Company's fiduciary agent and bailee and shall keep the goods separate from those of the customer and third parties and properly stored, protected, insured and identified as The Company's property. Until that time, the customer shall be entitled to resell or use the goods in ordinary course of its business, but shall account to The Company for the proceeds of sales of the goods, including insurance proceeds, and will keep all such proceeds separate from any moneys of the customer and of third parties.

1.11.4 The customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of The Company but, if the customer does so, all moneys owing by the customer to The Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.

1.11.5 The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.

1.11.6 If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then The Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.

1.12 The acceptance of a quotation includes the recognition by the customer of the right of The Company under any patent rights, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.

1.13 These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts.

1.14 The Company does not operate a sale or return policy and (unless otherwise provided in these Conditions) will therefore not accept returns of goods unless agreed by the Company in writing.

1.14.1 The company reserves the right to administer a £25.00 charge to cover administration costs if the following procedures are not followed.

1.14.2 The Company must be notified of all returns in advance, so they can provide a valid returns number and credit to the customer. The returns number needs to be clearly marked on the box of the return or a copy of the returns note included.

1.14.3 Goods must be sent back in the original, undamaged packaging with sufficient protective material, within 30 days of receipt. Any goods received out of the original packaging, or that are returned incomplete will not and cannot be refunded. Please mark any boxes with “FRAGILE” in a large bold font.

1.14.4 If goods are broken during transit back to The Company, the liability lies with the customer and their carrier, The Company cannot make a refund in the event of broken goods. 

1.15 Any goods required for samples will be dispatched and charged accordingly. Samples not required must be returned within 30 days from receipt and all carriage and packing costs must be borne by the customer. Any samples not required to be returned to the Company must not be sold on by the customer.

1.16 It is The Company’s intention to ensure that all the information on the website is correct and not misleading. Where errors are made, the Company will reasonably endeavour to notify the customer of such errors.  The information on the website is a tool for guidance for the customer.  The Company shall not be liable for any such errors or mistakes on the website.  The Company reasonably endeavours to supply accurate measurements and dimensions to the customer, but they cannot be guaranteed to be totally accurate.

1.17 In the event of any discrepancy over the price charged, the amount(s) and product(s) in question must be notified to The Company in writing within 30 days of the date of the invoice.

1.18 Promotional offers will be subject to their own terms and conditions, which The Company will publish as and when there is a valid promotion running.