MEDALS FOR ALL LTD, trading as Medals For All
Company Number No: 10506213
TERMS AND CONDITIONS OF PAYMENT
This page provides the invoice terms and conditions as set out by, Medals For All Ltd.
By purchasing and/or hiring products from Medals For All Ltd, you, the consumer or person representing a business, are automatically entering into a contract to legally abide by the terms and conditions as set out below.
“Customer” includes both the representation of “consumer” and “business customer”, unless whereby a clause specifically refers to one or the other.
1. STANDARD INVOICE TERMS
1.1 All new customers – Will be set up with a new account on proforma basis. For the first order, the full invoice total amount is required to be paid, either before production of goods can commence or/and before despatch of goods.
1.2 The due date of invoices for new consumers will be;
1.2.1 Any date prior to despatch of goods, if goods are standard, off the shelf in stock items.
1.2.2 required before production, in the case of items not stocked on site or for ANY personalisation involved including, but not limited to, engraving, cutting, printing and die-casting, materials ordered solely for an order, whereby the product’s value is diminished for use elsewhere or/and rendered unsaleable or only of value to the intended customer.
1.3 Existing customers – Invoice terms are standard 30 days net from date of the invoice being issued and will be shown clearly along with the due date on the invoice.
2.0 INVOICE ISSUING
2.1 Invoices will be issued to the individual, club, business as per agreed by the represented customer of the aforesaid.
2.2 This clause refers only to the “consumer”. The consumer who ordered the product/s remains contractually responsible, for ensuring the payment for the full invoice amount by the due date and also for where payment is late, in accordance with clause 4.0 Late Payments. This is unaffected by whom the consumer requests the invoice is addressed.
2.3 Payment is required strictly by the due date shown on invoices as set out in clause 1.
2.4 Medals For All Ltd will, by authorised 3rd party, issue email reminders as minimum 7 days prior to the due date, the due date and then every 7 days past the due date.
2.5 All correspondence regarding invoicing must be carried out via electronic mail, for ease of recording and for recall, of both Medals For All Ltd and the customer.
3.1 Payment for invoices may be made in part/s, or in full, as long as the full invoice amount owed is paid by the due date as shown on the invoice.
3.2 Medals For All Ltd will ensure available invoice payment methods are shown clearly on the invoice document.
3.2 Ways to pay;
3.2.1 BACS – Medals For All Ltd bank account details as set out on the invoice document.
3.2.2 Cheque – Cheques must be made out to Medals For All Ltd
3.23 Secure online payment with Stripe payment service with most debit/credit cards accepted. To use this service, a convienient ‘Pay Now’ link button is included on emailed invoices.
4.0 LATE PAYMENTS
4.1 There will be a 7 days grace period from the invoice due date, after which Medals For All reserves the right to charge a late payment administration fee of £10.00 + vat. A new invoice will be issued to include this charge with 7 days from issue to pay.
4.2 For the “consumer”
4.2.1 Failure to pay the late payment invoice as set out in 4.1 above, a 2nd and 3rd reminder to pay will be issued before beginning legal action, where further debt recovery charges may apply.
4.2.2 Medals For All Ltd reserves the right to waiver late payment fees where there is a proven, genuine reason for the late payment, within a reasonable timeframe.
4.3 If you are a “business customer”;
4.3.1 There will be a 7 days grace period from the invoice due date, after which you, the business customer, will incur a £10.00 late payment administration charge plus 8.5% of the invoice total amount owed. A new invoice will be issued to show the new charges and you will have 7 days from issue to pay.
4.3.2 Failure to pay as per clause 4.3.1 – legal proceedings and/or debt recovery will commence with notice given of this. Medals For All Ltd will reserve the right to issue further charges.
4.3.3 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.3.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.4 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
4.41 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
4.42 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
4.43 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
4.5 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
4.51 Nothing in these terms shall limit or exclude our liability for:
4.52 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
4.53 fraud or fraudulent misrepresentation;
5.0 YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or receive Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.2 However, this cancellation right does not apply in the case of:
5.2.1 any Product which has been personalised by you or which includes the representation of a date upon it including, but not limited to, trophies, medals, clothing and event numbers.
5.2.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them.
5.2.3 any Products which become mixed inseparably with other items after their delivery.
5.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for the purchase or Hire of a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
one Product for purchase or Hire which is delivered in instalments on separate days.
multiple Products for purchase or Hire which are delivered on separate days
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product for purchase or Hire over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
|Your Contract is for the performance of Services.||The end date is 14 days after the day on which we send you our Order Acknowledgement as described in clause 7.2, or from the date upon which we start supplying Services to you, whichever is the earlier.|
5.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01366 389707 or by post to Medals For All Ltd, Unit E, Trafalgar Industrial Estate, Sovereign Way, Downham Market, Norfolk PE38 9SW. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
5.5 If you cancel your Contract for the purchase or Hire of Products we will:
5.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
5.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
5.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
126.96.36.199 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
188.8.131.52 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
5.6 If you have authorised us to commence provision of Services which you have ordered, prior to the end of the cancellation period set out in 5.3, and you then cancel the Contract under the provisions of clause 5.3 you will be liable to pay us for the Services which we have performed and if we have completed the provisions of Services prior to your cancellation you will be liable to pay us for the full value of the Services as set out in the Contract. We will refund you any price you have paid for the Services which have not been performed by us prior to the date of your cancellation. Any sums due to us which have not been paid to you will be payable within 10 days of the date we request payment.
5.7 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
5.8 We will refund any sums due to you on the credit card or debit card used by you to pay. If you used vouchers to pay for the purchase or Hire of the Product or for the provision of Services we may refund you in vouchers.
5.9 If a Product has been delivered to you before you decide to cancel your Contract:
5.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
5.9.2 unless the Product is faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
5.10 Because you are a consumer, we are under a legal duty to supply Products and/or Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
6.0 Business to Business Cancellation;
This clause 6 only applies if you are a Business Customer;
6.1 Any item purchased, as set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
6.2 The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
6.3 Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
6.4 Once a business purchase is accepted, cancellation is acceptable only up until the date of agreed despatch.
6.5 However, this cancellation right does not apply in the case of;
6.5.1 any Product which has been personalised by you or which includes the representation of a date upon it including, but not limited to, trophies, medals, clothing and event numbers.
6.5.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them.
6.5.3 any product which has specifically been manufactured or brought into stock specifically required of you for your order.
7.1 Any artwork created or amended, provided in any part or full of the aforementioned, to the consumer or business customer, remains the intellectual property of Medals For All Ltd, until the time that this right is transferred to the consumer or business customer upon purchase of the artwork or goods with which the artwork was produced for.
7.2 Any consumer or business customer order that requires proof artwork to be provided, is done so purely to aid a consumer or business customer in ensuring bespoke, or other, products are produced correctly for that order. In no circumstance is artwork provided completely free of charge with no purchase.
7.3 Should a consumer or business customer request artwork, proof or in any other capacity or format, for their own benefit, decide not to purchase the product that the artwork was produced for, Medals For All Ltd reserves the right to charge a £250.00 + vat fee for the artwork service having been provided.