The ‘Company’ shall mean Origins Living Limited, of registration number 2912917 and registered address Unit 21 Hainault Works, Hainault Road, Little Heath, Romford, Essex RM6 5NF.
The ‘Customer’ shall mean any person or any entity that purchases or agrees to purchase goods.
The ‘Goods’ shall mean all items that the Customer agrees to buy from the Company.
The ‘Order’ shall mean the contract between the Company and the Customer for the sale of Goods by the Company to the Customer and subject to the following terms and conditions.
The ‘Price’ shall mean the price for the Goods including carriage for standard delivery to the UK Mainland (excludes Scottish Highlands) but excluding VAT unless otherwise specified.
’Special Orders’ shall mean either Goods not listed within the Company’s products or special-order quantities outside the Company’s stock level requirements.
The ‘Order Acknowledgement’ shall mean the confirmation of the details (to include Goods, Price etc) by the Company to the Customer of the Goods being ordered.
‘Company Material’ shall mean the Company’s information, text, graphics such as but not limited to it corporate identity, product images, other material or content (whether in the form physical or digital) as provided by the Company for other use by the Customer to conduct it business in accordance with these terms and conditions.
2.1 The Company will not accept any terms and conditions other than these, and as can be found on the Company’s website at the following link https://originsliving.uk/terms-and-conditions/ nor any addition or variation thereto unless agreed in writing by both the Company and the Customer.
2.2 The Order is accepted and executed subject to the Company receiving the Order via email at firstname.lastname@example.org
2.3 Upon receipt of the Customer’s Order by the Company, the Company will send the Customer an Order Acknowledgement. It is the responsibility of the Customer to ensure the details on the Order Acknowledgement are correct and any issues raised before Goods are despatched.
2.4 The Company shall send an email notification to the Customer of any back Orders that have come into stock. Where the Customer does not accept the back Orders via email, within five working days from the date of notification, the Company reserves the right to cancel the Order with the Customer.
3.1 All prices shown are exclusive of VAT or any other applicable taxes which may from time to time be introduced, and shall be charged in accordance with the relevant regulation in force at the time of making the taxable supply and must be paid by the Customer
3.2 Whilst every endeavour is made to invoice Goods at the prices quoted and / or acknowledged at the date of the order, the Company reserves the right to invoice at prices ruling at the date of despatch.
3.3 In the event where the Customer transacts (especially online) and heavily discounts the Goods, which could be seen as detrimental to the Company’s brand reputation and brand image in the market, the Company reserves the right to (1) cancel any Orders with the Customer and/or (2) withdraw the use of the Company Material.
- Terms of Payment
4.1 The Customer shall pay all invoices in GBP pounds sterling in full without any set-off, withholding or deductions (including but not limited to unauthorised debit notes) within thirty days end of month for approved accounts.
4.2 All new accounts are by proforma invoice unless otherwise agreed and confirmed in writing by the Company.
4.3 The Company reserves the right to withdraw the credit facilities of approved accounts and suspend future deliveries on any outstanding balances until payment is made in full.
4.4 Where a Customer defaults on a payment when due, interest under the Late Payment of Commercial Debts (Interest) Act 1998 will be charged on all amounts not paid until payment is received in full at the annual rate equal to 8% above the dealing rate of the Bank of England calculated on a pro rata basis, whether before or after judgement. The Customer will also be liable for any legal and court fees.
- Retention of Title
5.1 In spite of delivery having been made, property of the Goods shall not pass from the Company until payment is made in full by the Customer.
5.2 Notwithstanding delivery, property in the Goods shall not pass from the Company until all other sums owed by the Customer to the Company have been paid in full.
5.3 Until payment is made in full for the Goods, the Customer shall hold the Goods on a fiduciary basis as bailee for the Company.
5.4 Whilst the Customer has the right to dispose of the Goods in the ordinary course of business on a bona fide sale without notice to the Customer of the Company’s rights hereunder, the entire proceeds of the sale or otherwise of the Goods shall be held in trust for the Company until payment in is made in full for the Goods.
5.5 Until payment is made in full for the Goods, the Customer hereby grants to the Company the right to enter any premises where the Goods are stored to re-possess or inspect them.
6.1 Carriage is included within the price for standard delivery to the UK Mainland (excludes Scottish Highlands) unless otherwise confirmed at time of ordering.
7.1 Whilst every endeavour will be made to deliver Goods in accordance with Customer’s requirements, any times quoted for despatch are to be treated as estimates only and the Company shall not be liable for any loss for failure to despatch within such time.
7.2 The Company reserves the right to charge the Customer for resending Goods that were undelivered the first time of despatch.
7.3 In the event Goods are scheduled for collection by the Company’s couriers and the collection fails after details are confirmed with the Customer (examples of collection fails include, but not limited to, incorrect collection address, property closed, no one to sign for Goods, Goods not ready for pick up or refusing pick-up) a Failed Carriage Return charge of £16.00 + VAT will be levied to the Customer.
- Force Majeure
8.1 The Company shall not be liable for failing to perform the contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the Company’s control.
9.1 In no circumstances may Goods be returned without the Customer sending a completed Returns Authorisation Form to email@example.com
9.2 The Company reserves the right to request photographic evidence of claims of faulty or damaged items including its original packaging ahead of considering any returns.
9.3 A collection charge of £25.00 +VAT per parcel or £50.00 +VAT per parcel over 1 metre will be levied unless otherwise agreed and confirmed in writing by the Company. A restocking charge may also be levied in special circumstances, which will be confirmed in writing at time of ordering.
9.4 Items being returned by the Customer will be at the Customer’s own expense and must be accompanied by an accurate fully completed Returns Authorisation Form. The Customer accepts full responsibility for any Items lost in transit and will be liable for the Price of the items.
9.5 Items being returned must be sent in their original packaging without stickers, markings or tape.
9.6 The Customer must ensure that the items are securely packed in an outer packaging to withstand transit, as the Company will not accept responsibility for any Goods damaged in transit.
9.7 The Company does not accept responsibility for any Goods lost in transit. Ensure that the parcel/s are packed securely to withstand transit and recommend the Customer uses a signed-for courier service.
9.8 Failure to observe these requirements will result in the return being refused.
9.9 Any items returned damaged, used or in an unsaleable condition (other than claims for faulty products) will be refused and the Customer will be liable for any collection charges incurred.
9.10 The Company will not accept returns for Special Orders (other than claims for faulty products).
9.11 The Company will not accept returns for Orders that were delivered to Customer after sixty days without the Company’s prior written consent.
9.12 The Company will process credit notes for all valid and approved Returns within twenty-one days from receipt of Items.
- Loss, Shortage or Damage
10.1 Claims for loss, shortage or damage in transit cannot be considered unless notified in writing within 3 days of receipt of Goods or in the case of non-delivery within 7 days from date of invoice.
11.1 Order cancellations must be sent via email to firstname.lastname@example.org
11.2 The Company reserves the right to refuse cancellation of Orders in the case of Goods that are ready for despatch or in transit.
11.3 The Company cannot accept cancellation on Special Orders.
- Modifications & Discontinued Items
12.1 The Company reserves the right to modify specifications or to discontinue products without prior notice.
- Legal Construction
13.1 The Company and the Customer are exempt from the Consumer Protection (Distance Selling) Regulations 2000 as this contract is between two businesses. For the avoidance of doubt, the Consumer Protection (Distance Selling) Regulations 2000 is between the Customer and the Customer’s clients.
13.2 The Company reserves the right to make changes to its terms and conditions at any time. All such changes will become effective immediately after posting revised terms and conditions on the Company’s website at the following link https://originsliving.uk/terms-and-conditions/
13.3 If any part of these terms and conditions are found to be unlawful, it shall not affect the validity or enforceability of the remainder of the terms and conditions.
13.4 The terms of any contract to which these conditions relate shall in all respects be governed by and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction.