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1. Definitions Buyer the person or unincorporated or incorporated association who/which buys or agrees to buy the goods from the Seller. Seller means iD Sports & Leisure Ltd trading as “Stitch” of Unit 3, Malvern Business Centre, Betony Road, Malvern, WR14 1GS Registered in UK Company registration number 07139446 Parties means the Buyer and Seller Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller. Goods the articles which the Buyer agrees to buy from the Seller. Price the price for the Goods, including VAT and any carriage, packaging and insurance costs. (Subject to “9” below). Stock items means those goods which the Seller has in stock Bespoke items means those goods which the Seller prepares to the Buyer’s specification, including (but not exclusively) those with the Buyer’s logo and/or design and/or to a size which is not in stock 2. Conditions 2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document. 2.2 All orders for Goods shall be deemed to be an acceptance by the Buyer to purchase Goods from the Seller pursuant to these Conditions. 2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions. 2.4 These Conditions may not be varied except by the written agreement of a Director or duly authorised representative of the Seller. 2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. 3. Price The Price shall be the price quoted on the Seller’s confirmation of order. The Price is inclusive of VAT, where applicable. 4. Payment Payment of the Price shall be made in full with the order, unless agreed otherwise in writing between the Parties. 5. Goods The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order. 6. Warranties The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. 7. Delivery of the Goods 7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery. 7.2 The Seller undertakes to use its reasonable endeavours to despatch Stock items within five working days, and Bespoke items within 28 working days. The date of delivery shall not be of the essence of the contract, unless agreed in writing between the Parties. 7.3 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing. 8. Acceptance of the Goods and Refund Policy 8.1 Stock items: the Buyer shall have the right to cancel within seven days of their contract with the Seller, or seven days of receipt of the goods (whichever is the longer). 8.2 If the Buyer wishes to return Stock items they can return such items within the period specified in 8.1 above. The Buyer must return the items in their original packaging to the Seller’s premises with a written indication of the reason for the return. The Seller will notify the Buyer of receipt of the returned Stock items by email or letter within a reasonable period. The Seller will be entitled to exercise its discretion as to whether to accept the return, e.g. the Seller may reject the request for a refund and return the items to the Buyer if the items have been worn, as opposed to “tried on”. The Seller also has the right to issue a partial refund, such right to be exercised in the absolute discretion of the Seller. The Seller will, where it accepts that the items have been returned in a re-saleable condition, or accepts that the items are defective issue a full refund to the Buyer of the amount paid by the Buyer at the time the order was placed (including postage and packing charges). 8.3 Bespoke items: by their nature Bespoke items have no resale value and so the Seller will be under no obligation to accept the return of such items or to issue a refund. 9. Carriage of Goods Carriage will be chargeable on all sales under £500 inclusive of VAT. 10. Notices For the sole purpose of these Conditions a notice may be served by one party on the other by either Royal Mail recorded delivery or by electronic mail. If by recorded delivery the notice shall be deemed to have been received 48 hours after it is sent. If by electronic mail the notice shall be deemed to have been received 24 hours after it is sent. Any other method of serving a notice shall be invalid. 11. Jurisdiction and Dispute Resolution Any dispute arising out of these Conditions shall be subject to the jurisdiction of the Law of England and Wales. In the first instance the Parties to these Conditions shall try to resolve any dispute between themselves, by mutual agreement. If they cannot they agree to submit to formal arbitration, or a mutually agreeable Alternative Dispute Resolution process conducted by an accredited provider.
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