Terms of trade | The Churchill Shop

Before you publish: this is a working draft prepared for The Churchill Shop. It reflects how the business currently operates, but it has not been reviewed by a solicitor. Have it checked against your actual trading practice before you rely on it.

1. Who these terms are with

Thechurchillshop Ltd, a private limited company registered in England and Wales under company number 17127204. Registered office: 113 Churchill Avenue, Aylesbury, Buckinghamshire, HP21 8ER, United Kingdom.

These terms apply to all goods we supply to business customers. They do not apply to consumers, because we do not supply consumers. Nothing here is intended to limit rights that cannot be limited by law.

2. Trade accounts

Accounts are open to businesses only. We may ask for evidence that you are trading before approving an application.
We may decline an application without giving a reason, and may close an account by giving reasonable notice.
You must tell us if your business details change, including your registered address or the people authorised to place orders.
You are responsible for orders placed by anyone using your account.

3. Quotations and orders

Prices we quote are valid for the period stated on the quotation. If no period is stated, they are valid for 7 days.
A quotation is not an offer capable of acceptance until we confirm the order in writing.
Every quotation states unit cost, pack size, order total and lead time. If it does not, ask us before proceeding.
Where goods carry an expiry or best-before date, we state it at quotation. By approving the quotation you accept that date.
We will not substitute a different product for the one quoted without your written agreement.

4. Prices, VAT and payment

Prices are quoted exclusive of VAT unless stated otherwise. VAT is applied at the rate in force at the tax point where applicable.
Delivery is shown as a separate line on the quotation and invoice.
New accounts are normally supplied on pro-forma terms. Credit terms are offered at our discretion and may be reviewed or withdrawn.
Where credit terms apply, payment is due within the period stated on the invoice.
We may charge statutory interest and recovery costs on overdue business debts under the Late Payment of Commercial Debts (Interest) Act 1998.

5. Delivery

We deliver to mainland uk. Delivery to other destinations is by arrangement.
Lead times are given in good faith and confirmed on each quotation. They are estimates, not guarantees, unless we have agreed a fixed date in writing.
Certain liquid, aerosol and pressurised lines carry carrier restrictions. We tell you about these before despatch.
You must provide safe and reasonable access for delivery, including for pallet deliveries where a tail lift is required.

6. Risk and title

Risk in the goods passes to you on delivery. Title does not pass until we have received payment in full for those goods. Until title passes you must store them so they remain identifiable as ours.

7. Shortages, damage and returns

Check your delivery on arrival. Report shortages, damage or incorrect goods within 5 working days of delivery.
Photographs of the goods and the outer packaging help us resolve a claim quickly and are usually required by our carriers.
Where a shortage or damage is confirmed, we will credit or replace the affected goods — your choice.
We will not ask you to return damaged goods at your own cost before crediting you.
Goods correctly supplied to an approved quotation are not returnable simply because they have not sold. We may accept a return by agreement, and a handling charge may apply.
Dated goods cannot be returned on the basis of their date where that date was disclosed at quotation.

8. Product compliance and resale

We supply goods intended for the UK market and meeting the safety and labelling requirements applicable to them.
Documentation relating to a product's compliance or provenance is available on request.
You are responsible for how you present, store and sell the goods, including any obligations you have as a retailer or online seller.
You must not remove, alter or obscure batch codes, safety information or manufacturer markings.

9. Liability

We do not exclude liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. Subject to that, our total liability in connection with any order is limited to the price paid for the goods giving rise to the claim, and we are not liable for loss of profit, loss of business or indirect or consequential loss.

10. Events outside our control

We are not liable for failure or delay caused by events beyond our reasonable control. Where such an event occurs we will tell you and agree a revised timescale, or you may cancel the affected order.

11. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

12. Questions

Email thechurchillshop@gmail.com if anything here is unclear. We would rather explain it now than argue about it later.