Trade T&C

TRADE IVY LIMITED t/a ENKIN

TERMS AND CONDITIONS OF SALE (TRADE CUSTOMERS ONLY)

  1. ABOUT US
    • 1 Company details. Trade Ivy Limited t/a Enkin (company number 10809945) (we and us) is a company registered in England and Wales and out registered office is at C/O Francis Clark LLP Melville Building East, Royal William Yard, Plymouth, Devon, United Kingdom, PL1 3RP. Our registered VAT number is 322 1644 40.
    • 2 Contacting us. To contact us, call our team on 02081 753869 or email sales@enkin.com. How to give us formal notice of any matter under the Contract is set out in clause 18.
    • 3 Website. https://enkin.com/
  2. OUR CONTRACT WITH YOU
    • 1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). These Terms apply to trade only customers (Trade Customers, you, your). All goods provided to Trade Customers are to be sold as set out in the Trade Account Application Form or as otherwise agreed with us in writing. No other terms are implied by trade, custom, practice or course of dealing.
    • 2 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
    • 3 Trade Marks. This means our registered trade marks as detailed in the table below:

Trade Mark

No.

Territory

Classes

UK00003707694

UK

9, 11, 35, 42

ENKIN

UK00004048334

UK

9, 11, 35, 42

POWERED BY ENKIN

UK00004048349

UK

9, 11, 35, 42
  • 4 Intellectual Property. This means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  1. TRADE ACCOUNT
    • 1 Registering as a Trade Customer. Please fill out the Trade Account Application Form as available on our website or as provided to you directly. The trade account is subject to our acceptance and to these Terms. We reserve the right to reject any application that we feel is not a ‘bona fide’ trade enquiry.
    • 2 Supplying to Trade Customers. We supply to Trade Customers who have registered a valid trade account with us in accordance with clause 3.1.
    • 3 Breach of obligations. If a Trade Customer is found to be in breach of clause 6, we may close your Trade Account and cease supply of Goods without notice.
  2. PLACING AN ORDER AND ITS ACCEPTANCE
    • 1 Placing your order. Please order via your Trade Account on our Website, by contacting your account manager directly or by accepting our quotation that has been sent to you by email (the Quotation). Each order is an offer by you to buy the goods specified in the order (the Goods) subject to these Terms.
    • 2 Correcting input errors. You will have the opportunity to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    • 3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.
    • 4 Accepting your order. Our acceptance of your order takes place when we dispatch the product and confirm dispatch to you.
    • 5 If we cannot accept your order. If we are unable to supply you the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged to date, as soon as possible.
  3. OUR GOODS
    • 1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images. The packaging of your Goods may also vary from that shown on images on our site.
    • 2 Right to amend specification. We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
    • 3 Goods made to customer specification. Where Goods are made to your specification, you are responsible for providing all information requested by us and are responsible for the accuracy of this information.
    • 4 Intellectual Property Ownership. We own the Intellectual Property vested in the Goods including but not limited to the Trade Marks at all times.
    • 5 To the extent that the Goods are to be manufactured in accordance with a customer specification you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's Intellectual Property rights arising out of or in connection with our use of your customer specification.
  4. YOUR OBLIGATION TO US AS A TRADE CUSTOMER
    • 1 Goods are to be sold via the agreed resale channels. All Goods provided to Trade Customers are to be sold as set out in the Trade Account Application Form or as otherwise agreed with us in writing. If you are found to be selling the Goods in a way that has not been agreed by us, we reserve the right to cease your Trade Account.
    • 2 Goods may not be advertised, promoted or sold through online marketplaces. Such marketplaces include but are not limited to Ebay.com, Ebay.co.uk, Amazon.co.uk, Amazon.com, or any other Amazon marketplace without our express written consent.
    • 3 Use of our Trade Marks. You may use our Trade Marks for the purpose of selling the Goods we provide you with only. You must not use the Trade Marks in a domain name to promote the Goods.
    • 4 Goods may not be altered, re-packaged or re-branded. Unless otherwise agreed, goods may not be altered, re-packaged or re-branded under any circumstances and you must not re-name any of our Goods. You shall not remove, deface or obscure any identifying mark or packaging on or relating to the Goods.
    • 5 Storage of Goods. You must maintain and store the Goods in satisfactory condition.
    • 6 Where Goods have specific installation instructions, these must be provided when the Goods are sold. Our Goods are tested for use in the UK only. We cannot confirm that the Goods comply with any laws, regulations or other standards applicable outside the UK. Unless otherwise stated on our Website, or confirmed by us, Goods are intended for use in the UK only. All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with them, including requiring professional fitting. You must include this information when selling the Goods and we accept no liability for your failure to provide this information. 
    • 7 We reserve the right at any time to require you to deliver up all Goods in its possession which have not been resold. If you fail to do so promptly, we reserve the right to enter any premises of you or of any third party where the Goods are stored in order to recover them.
    • 8 Representations. You, your employees, officers, representatives or advisers are not authorised to make any representations concerning the Goods unless you have our prior authorisation confirmed by us in writing.
    • 9 Upon Termination. If any of the events listed in clause 18 (Termination) occur, your right to resell the Goods or use them in the ordinary course of its business ceases immediately.
  5. YOUR RIGHT TO MAKE CHANGES
    • 1 Make a change to the Goods you have ordered. If you wish to make a change to the Goods you have ordered, please contact us using the details provided at clause 1.2. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
    • 2 If we are unable to make the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with clause 11.
  6. OUR RIGHTS TO MAKE CHANGES
    • 1 Minor changes to the products. We may change the product:
      • 1.1 to reflect changes in relevant laws and regulatory requirements;
      • 1.2 to implement minor technical adjustments and improvements that will not affect your use of the product; and
      • 1.3 as a result of changes made by the Original Equipment Manufacturers.
    • 2 More significant changes to the products and these terms. We may make changes to these terms or the product, but if we do so we will notify you. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
  7. PROVIDING THE PRODUCTS
    • 1 Delivery Costs. The costs of delivery will be as confirmed by us.
    • 2 Delivery Timescale. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified in your order within the timescale specified by us.
    • 3 When we will provide the products. During the order process we will let you know when we will provide the products to you.
    • 4 We are not responsible for delays outside out control. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • 5 If you are not available when the product is delivered. Unless we agree otherwise, all products will be delivered depending on the delivery method selected by you when making your order / as default on the Trade Account. If no one is available at your Trading Address (or alternative delivery address as agreed) to take delivery and the product cannot be posted through your letterbox, you must contact the delivery provider to arrange for the redelivery or collection of your product from them.
    • 6 If you do not re-arrange delivery. If you do not have the products redelivered to you in accordance with clause 9.5 then your products may be destroyed or returned to us by the delivery provider. Under no circumstances is a refund available where the products have not been collected or cannot be delivered.
    • 7 When you become responsible for the goods. A product which is goods will be your responsibility from the time it is delivered to the address you gave us.
    • 8 When you own goods. You own a product which is goods once we have received payment in full.
    • 9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      • 9.1 deal with technical problems or make minor technical changes;
      • 9.2 update the product to reflect changes in relevant laws and regulatory requirements;
      • 9.3 make changes to the product as requested by you or notified by us to you (see clause 7); or
      • 9.4 deal with a breach under clause 6.
    • 10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 20 business days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
  8. MANUFACTURER WARRANTIES & GUARANTEES
    • 1 Some goods are sold with a manufacturer's warranty, guarantee or similar assurance. Details are provided on the relevant product description on our Website. Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
  9. YOUR RIGHTS TO END THE CONTRACT
    • 1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • 1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14;
      • 1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
      • 1.3 If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods;
      • 1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 11.5.
    • 2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 11.2.1 to 11.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • 2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
      • 2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • 2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • 2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 20 business days; or
      • 2.5 you have a legal right to end the contract because of something we have done wrong.
    • 3 When you don't have the right to change your mind. You do not have a right to change your mind about an order for:
      • 3.1 goods that are made to your specifications or are clearly personalised; and
      • 3.2 goods which become mixed inseparably with other items after their delivery.
    • 4 How long do I have to change my mind? Once you have purchased goods you have 28 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
    • 5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. We will refund any advance payment you have made for products which will not be provided to you.
  10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    • 1 Tell us you want to end the contract. To end the contract with us, please let us know by using our contact details listed at the beginning of these terms.
    • 2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must call or email us to arrange a return and post them back post to us using the detail provided at clause 1.2. If you are exercising your right to change your mind you must send off the goods within 7 days of telling us you wish to end the contract.
    • 3 When we will pay the costs of return. We will pay the costs of return:
      • 3.1 if the products are faulty or misdescribed;
      • 3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
      • 3.3 in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
    • 4 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
    • 5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      • 5.1 We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      • 5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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.
    • 6 When your refund will be made. We aim to process returns within 7 to 10 days of receipt of the Goods. We may charge a restock fee for returns which will be deducted from the refunded price.
  11. OUR RIGHTS TO END THE CONTRACT
    • 1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due.
    • 2 You must compensate us if you break the contract. If we end the contract in accordance with clause 6 or clause 18, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • 3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 24 hours in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  12. IF THERE IS A PROBLEM WITH THE PRODUCT
    • 1 How to tell us about a problem. If you have any questions or complaints about the product, please contact us using the details provided in clause 1.2.
    • 2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this Contract. Nothing in these terms will affect your statutory rights. A summary of your legal statutory rights is available at www.citizensadvice.org.uk.
  13. PRICE AND PAYMENT
    • 1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website or as provided by us in writing. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the product you order.
    • 2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • 3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • 4 When you must pay and how you must pay. We accept payment with the credit and debit cards listed on our website, or via payment link as provided by us. You must pay for the products before we dispatch them.
    • 5 Credit terms. Where we have agreed credit terms for you, you agree to pay us no later than the last day of the agreed terms, usually 30 days from the date of the invoice or as agreed with you in advance and in writing.
    • 6 We charge interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount. You pay us the interest together with any overdue amount.
  14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • 1 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.
    • 2 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 as summarised at clause 17.2 and for defective products under the Consumer Protection Act 1987.
  15. OUR LIABILITY (YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE)
    • 1 The restrictions on liability in this clause apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    • 2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      • 2.1 death or personal injury caused by negligence;
      • 2.2 fraud or fraudulent misrepresentation;
      • 2.3 breach of the terms implied by section 12 of the Sale of Products Act 1979; or
      • 2.4 defective products under the Consumer Protection Act 1987.
    • 3 Subject to clause 17.2, the following types of loss are wholly excluded:
      • 3.1 loss of profits;
      • 3.2 loss of sales or business;
      • 3.3 loss of agreements or contracts;
      • 3.4 loss of anticipated savings;
      • 3.5 loss of use or corruption of software, data or information;
      • 3.6 loss of or damage to goodwill; and
      • 3.7 indirect or consequential loss.
    • 4 This clause 17 shall survive termination of the Contract.
  16. TERMINATION OF THE CONTRACT
    • 1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
      • 1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so;
      • 1.2 you fail to pay any amount due under the Contract on the due date for payment;
      • 1.3 you become bankrupt;
      • 1.4 you (being an individual) dies or ceases to be capable of managing your own affairs;
      • 1.5 there is a material change in the management, ownership and control of the Trade Customer;
      • 1.6 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • 1.7 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • 2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    • 3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  17. HOW WE MAY USE YOUR PERSONAL INFORMATION
    • 1 We will only use your personal information in accordance with our Privacy Policy: [link].
  18. OTHER IMPORTANT TERMS
    • 1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • 2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • 3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • 4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.