Tushingham Trade Terms of Sale
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12 INTELLECTUAL PROPERTY RIGHTS
15.RED PADDLE CO – QUIVERS ORDER FULFILMENT
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The customer's attention is drawn in particular to the provisions of clause 11.
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1 INTERPRETATION
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 14.6.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Products in accordance with these Conditions.
Customer: the person or firm who purchases the Products from the Supplier.
Force Majeure Event: has the meaning given in clause 12.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) 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 in or associated with the Products.
Order: the Customer's order for the Products, as set out in the Customer's purchase order form, the Customer's written acceptance of the Supplier's quotation or as otherwise set out in clause 2 as the case may be.
Products: the Products (or any part of them) set out in the Order.
Supplier: TUSHINGHAM SALES LIMITED (registered in England and Wales with company number 10176945).
Territory: for the purposes of restrictions on resale and promotion as set out in clause 9, the country or countries expressly set out in the Order and, if no country or countries is/are specified in the Order, the country of the Customer's registered address.
1.2 Construction. In these Conditions, the following rules apply:
1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2 A reference to a party includes its personal representatives, successors or permitted assigns.
1.2.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.2.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.5 A reference to writing or written includes faxes and emails.
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2 BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Orders can be made as follows:
2.2.1 Online: Customers can place orders via the Supplier's on-line trader interface (for trade customer members only).
2.2.2 Telephone: Customers can place orders by calling the Supplier's telephone order number.
2.2.3 Other: as otherwise agreed between the Supplier and the Customer.
2.3 Customers should note that different prices, payment mechanisms and discounts may be applied by the Supplier to different modes of order as set out in these Conditions or as otherwise set out by the Supplier in the Order.
2.4 The Order constitutes an offer by the Customer to purchase the Products in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
2.5 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.6 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.7 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
2.8 A quotation for the Products given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 15 Business Days from its date of issue.
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3 PRODUCTS
3.1 The Products are described in the Supplier's online catalogue or as otherwise modified and agreed in writing by the Supplier.
3.2 The Supplier reserves the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements.
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4 DELIVERY
4.1 Delivery of the Products shall be subject to the Incoterms® 2010 mode of delivery specified in the Order.
4.2 If no delivery terms are specified in the Order as per clause 4.1:
4.2.1 the Supplier shall deliver the Products to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Products are ready; and
4.2.2 Delivery of the Products shall be completed on the Products' arrival at the Delivery Location.
4.3 The Supplier shall procure that each delivery of the Products is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Products (including the code number of the Products, where applicable) and, if the Order is being delivered by instalments, the outstanding balance of Products remaining to be delivered.
4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
4.5 If the Customer fails to take delivery of the Products within three Business Days of the Supplier notifying the Customer that the Products are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract:
4.5.1 delivery of the Products shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Products were ready; and
4.5.2 the Supplier shall store the Products until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
4.6 If 10 Business Days after the day on which the Supplier notified the Customer that the Products were ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Products.
4.7 The Supplier may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
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5 IMPORT LICENCES
5.1 The Customer is responsible for obtaining, at its own cost, any import licences and other consents in relation to the Products as are required from time to time and, if required by the Supplier, the Customer shall make those licences and consents available to the Supplier prior to the relevant shipment of the Products.
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6 QUALITY
6.1 The Supplier warrants that on delivery the Products shall:
6.1.1 conform in all material respects with their description;
6.1.2 be free from material defects in design, material and workmanship; and
6.1.3 be fit for any purpose held out by the Supplier.
6.2 Subject to clause 6.3, if:
6.2.1 the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 6.1;
6.2.2 the Supplier is given a reasonable opportunity of examining such Products; and
6.2.3 the Customer (if asked to do so by the Supplier) returns such Products to the Supplier's place of business at the Customer's cost,
the Supplier shall, at its option, repair or replace the defective Products, or refund the price of the defective Products in full.
6.3 The Supplier shall not be liable for Products' failure to comply with the warranty set out in clause 6.1 in any of the following events:
6.3.1 the Customer makes any further use of such Products after giving notice in accordance with clause 6.2;
6.3.2 the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
6.3.3 the Customer alters or repairs such Products without the written consent of the Supplier;
6.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
6.3.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
6.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Products' failure to comply with the warranty set out in clause 6.1.
6.5 The Supplier shall not be liable to the Customer for any cost incurred by the Customer in handling or processing any third party warranty claim in respect of the Products.
6.6 The terms implied by sections 13 to 15 of the Sale of Products Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
6.7 These Conditions shall apply to any repaired or replacement Products supplied by the Supplier.
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7 TITLE AND RISK
7.1 Risk in the Products shall be subject to the Incoterms® 2010 mode of delivery and risk specified in the Order.
7.2 If no risk terms are specified in the Order as per clause 7.1 the risk in the Products shall pass to the Customer on completion of delivery.
7.3 Title to the Products shall not pass to the Customer until the earlier of:
7.3.1 the Supplier receiving payment in full (in cash or cleared funds) for the Products and any other Products that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Products shall pass at the time of payment of all such sums; and
7.3.2 the Customer resells the Products, in which case title to the Products shall pass to the Customer at the time specified in clause 7.5
7.4 Until title to the Products has passed to the Customer, the Customer shall:
7.4.1 store the Products separately from all other Products held by the Customer so that they remain readily identifiable as the Supplier's property;
7.4.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
7.4.3 maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
7.4.4 notify the Supplier immediately if it becomes subject to any of the events listed in clause 10.1.3; and
7.4.5 give the Supplier such information relating to the Products as the Supplier may require from time to time.
7.5 If the Customer resells the Products before the Supplier receives payment for the Products:
7.5.1 it does so as principal and not as the Supplier’s agent; and
7.5.2 title to the Products shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
7.6 If before title to the Products passes to the Customer the Customer becomes subject to any of the events listed in clause 10.1.3, then, without limiting any other right or remedy the Supplier may have:
7.6.1 the Customer's right to resell the Products or use them in the ordinary course of its business ceases immediately; and
7.6.2 the Supplier may at any time:
7.6.2.1 require the Customer to deliver up all Products in its possession which have not been resold, or irrevocably incorporated into another product; and
7.6.2.2 if the Customer fails to do so promptly, enter any premises (or procure the entry to the premises) of the Customer or of any third party where the Products are stored in order to recover them.
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8 PRICE AND PAYMENT
8.1 Subject to where otherwise set out in this clause 8 the price of the Products shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery.
8.2 The Supplier may, by giving notice to the Customer at any time up to 5 Business Days before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
8.2.1 any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
8.2.2 any request by the Customer to change the delivery date(s), quantities or types of Products ordered; or
8.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
8.3 The price of the Products is exclusive of the costs and charges of packaging, insurance and transport of the Products, which shall be invoiced to the Customer.
8.4 The price of the Products is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Products.
8.5 The Supplier may invoice the Customer for the Products on or at any time after the Order.
8.6 The Customer shall pay the invoice in full and in cleared funds prior to shipment of the Product; unless alternative credit account terms are agreed in advance by the Supplier (see clauses 8.9 to 8.12). Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence and the Supplier reserves the right to request payment in full and cleared funds before shipment of the Products.
8.7 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Santander UK plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
8.8 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
Credit Accounts
8.9 Selected customers may be offered (at the Supplier's sole discretion) a credit account.
8.10 If such a credit account has been set up for the Customer:
8.10.1 the Supplier will agree in writing an account credit limit;
8.10.2 the Supplier will invoice the Customer for the Products on or after confirming acceptance of the Order; and
8.10.3 the Customer shall pay the invoice within the agreed terms after the date of the invoice. Time of payment is of the essence.
8.11 Payment of invoices shall be made to the bank account nominated in writing by the Supplier.
8.12 Where a Customer's credit account exceeds or has exceeded the authorised credit limit or where a Customer has failed to pay an invoice within the 20 Business Day limit (each a Credit Default), the Supplier shall place the Customer's credit account on hold and no further orders will be accepted or processed until the Credit Default has been remedied by the Supplier.
8.13 Any and all goods will remain the property of Tushingham Sales LTD until said goods have been paid for in full.
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9 RESALE AND PROMOTION
9.1 Products are supplied to the Customer for onward retail sale as part of an established international distribution network. As such:
9.1.1 a strict condition of sale of the Products under these terms is that the Customer shall only make onward sales of the Products to retail customers. Resales to traders acting, in whole or in part, in the course of a business are expressly prohibited; and
9.1.2 the Customer shall only be permitted to market and/or make active sales of the Products to third parties in the Territory. Marketing and active sales shall mean actively approaching or soliciting customers, including, but not limited to, visits, direct mail, including the sending of unsolicited emails; and advertising in media, on the internet or other promotions, where such advertising or promotion is specifically targeted outside the Territory.
9.2 By allowing resale in the Territory, the Supplier does not consent to the exhaustion of its trade mark rights in any other country and all rights asserted in clause 12 shall remain in full force and effect.
9.3 The right to the onward sale of goods is only granted to Customers with “Retail Accounts” . Customers with “School Accounts” are not permitted to make onward sales of new/unused products and are only permitted to sell goods that have been used as part of the their Lesson and or Hire business. Please contact customerservices@tushingham.com if you need clarity on the type of account held by you.
10 TERMINATION AND SUSPENSION
10.1 Either party may terminate this agreement immediately by notice in writing to the other if the other:
10.1.1 commits a material breach of the Contract which is not capable of remedy.
10.1.2 commits a breach of the Contract which is capable of remedy and such breach is not remedied within 30 days of the receipt by the other of a notice from the innocent party identifying the breach and requiring its remedy.
10.1.3 is unable to pay its debts or is deemed to be, or enters into liquidation (other than for the purpose of effecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity agrees to be bound by and assume the obligations of the relevant party under this agreement) or compounds with or compromises with or convenes a meeting of its creditors or has a receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of a debt, or ceases for any reason to carry on business.
10.2 Without limiting its other rights or remedies, the Supplier may suspend provision of the Products under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 10.1.3, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
10.3 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest.
10.4 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
10.5 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
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11 LIMITATION OF LIABILITY
11.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
11.1.2 fraud or fraudulent misrepresentation; or
11.1.3 any other matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
11.2 Subject to clause 11.1:
11.2.1 the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
11.2.2 the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
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12 INTELLECTUAL PROPERTY RIGHTS
12.1 The Customer acknowledges that:
12.1.1 all Intellectual Property Rights are the Supplier's (or its licensor's) property;
12.1.2 nothing in this agreement shall be construed as conferring any licence or granting any rights in favour of the Customer in relation to the Intellectual Property Rights; and
12.1.3 any reputation in any trade marks affixed or applied to the Products shall accrue to the sole benefit of the Supplier or any other owner of the trade marks from time to time.
12.2 The Customer shall not use (other than pursuant to the Contract) or seek to register any trade mark or trade name (including any company name, website URL or Social media pages) which is identical to, confusingly similar to or incorporates any trade mark or trade name which the Supplier or any associated company of Supplier owns or claims rights to anywhere in the world.
12.3 The Customer shall promptly and fully notify the Supplier of:
12.3.1 any actual, threatened or suspected infringement of any Intellectual Property Rights which comes to the Customer's notice; and
12.3.2 any claim by any third party that comes to the Customer's notice that the sale or advertisement of the Products infringes the rights of any person.
12.4 The Customer agrees (at the Supplier's request and expense) to do all such things as may be reasonably required to assist the Supplier in taking or resisting any proceedings in relation to any infringement or claim referred to in clause 12.4.
12.5 In the event of any claim, proceeding or suit by a third party against the Customer alleging an infringement of any Intellectual Property Right connected with the Products, the Supplier shall defend the Customer at the Supplier's expense, subject to:
12.5.1 the Customer promptly notifying the Supplier in writing of any such claim, proceeding or suit; and
12.5.2 the Supplier being given sole control of the defence of the claim, proceeding or suit,
and provided that the Supplier shall not be liable for infringements to the extent that they arise out of or in connection with modifications to the Products made by anyone except the Supplier or its authorised representative, or out of use or combination of the Products with products or third party materials not specified or expressly approved in advance in writing by the Supplier, or where the claim, proceeding or suit arises from the Supplier's adherence to the Customer's requested changes to the Specification or from infringing items of the Customer's origin, design or selection.
12.6 Subject to the Customer complying with clause 12.5, the Supplier shall reimburse the Customer with an amount equal to any cost, expense or legal fees incurred at the Supplier's written request or authorisation and shall indemnify the Customer against any liability assessed against the Customer by final judgement on account of an infringement.
12.7 In relation to the sale and promotion of Red Paddle Co products the customer shall abide by the Intellectual Property rules laid out in the Red Paddle Co Brand Guidelines. A copy of which can be found HERE, which may be updated from time to time by Red Paddle Co or the Supplier.
12.8 When placing advertisements (print and digital), the customer shall not use the suppliers trade marks in relation to price driven offers or discounts for other products. The suppliers trade marks should not be used as “hooks” or “click bait” to attract visitors to their site for other related or unrelated products.
12.9 When exhibiting at either public/consumer shows or trade events the customer shall not present themselves either by display or spoken word to be working directly as any brand owned by the Supplier. In addition to this, the Customer's own brand logo must be used on the exhibition stand and must be bigger than the largest Suppliers brand logo used.
12.9 When registering for either public/consumer shows or trade events, the Customer must use their own company name and must not use those of the Supplier.
13 FORCE MAJEURE
13.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
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14 GENERAL
14.1 Assignment and other dealings.
14.1.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
14.1.2 The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
14.2 Notices.
14.2.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
14.2.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.2.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
14.2.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14.3 Severance.
14.3.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
14.3.2 If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
14.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
14.7 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
14.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims and enforcement of remedies).
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15.RED PADDLE CO – QUIVERS ORDER FULFILMENT
15.1 CLAIMING
15.1.1 The retailer must have all ordered items in stock to be eligible to claim the order.
15.1.2 All items must match the exact order criteria, including product year etc.
15.1.3 All items must be new and in their original packaging.
15.2 SHIPPING
15.2.1 All orders are to be shipped using a next day (24hr), delivery service.
15.2.2 Orders claimed pre 1pm must be dispatched the same day.
15.2.3 Orders claimed after 1pm must be dispatched the next working day.
15.2.4 Tracking information must be added to the order the same working day as the goods have been despatched on.
15.2.5 Tushingham Sales Ltd will not dropship any Quivers orders direct to the customer on behalf of the retailer claiming the order.
15.2.6 The retailer accepts full liability for the entire fulfilment and shipping process.
15.2.7 Please do not contact the customer regarding their chosen delivery/collection method.
15.2.8 The retailer can add in a small amount of relevant advertising material into the shipment as long as it conforms with the Red Paddle Co brand guidelines.
15.3 RETURNS
15.3.1 In accordance with European Union law, you have to comply with 14-day returns and refund policy. The retailer must also comply with Red Paddle Co’s 14-day free returns policy.
Terms and Conditions last updated: May 2019
Purchasers
All purchasers using the site should be at least 18 years of age and it is the trade customer's responsibility to ensure all of their purchasers have been given adequate training for using the site and any payment methods associated with their account.
Transit damage - for deliveries to your business address
Signing your name for the courier effectively means you are accepting delivery "in good condition". For fragile items that could suffer transit damage (such as hard SUP boards) you should inspect the affected item before signing. If you receive an item that has been damaged in transit you must write "DAMAGED" rather than signing for the delivery. At this point you can refuse delivery due to damage or if you feel it can be repaired and you are happy to accept the goods then write "DAMAGED" and take the item. You must at this point (and no later than within 24 hours) contact us to discuss a discount and so we can begin the claim process. Use customerservices@tushingham.com / 01803 712140).
Transit damage - for drop-ship deliveries
We are not covered for transit damage to private addresses so if an item is damaged and the customer is not prepared to accept delivery they MUST refuse delivery and write "DAMAGED" instead of signing. In such circumstances you should contact us immediately and we can arrange a replacement item if appropriate.
Returns & Refunds
Excluding transit damage (see procedure above), if any product you receive is either faulty, you have been short shipped or you are not satisfied with quality, please contact us as soon as possible (maximum of 48 hours from delivery). If you wish to return goods you should return the item(s) in question within 10 days of delivery. Returned items must be in original condition and packaged at least to the standard they arrived in. On receipt of returned items we will replace or credit as appropriate. If you need a replacement item sent before the faulty one has been returned the replacement item will be invoiced at trade price. Any such invoices will be payable in full unless the faulty item has been returned within 30-days.
Please note shipping costs are your responsibility unless if the product is faulty (in which case we can cover the collection and return costs, arrange by contacting customerservices@tushingham.com / 01803 712140) You are responsible for items sent back to us until they are received and signed for by ourselves. If goods are not returned in the condition in which you received them, we reserve the right to refuse such returns.
Privacy & Personal Data
Tushingham Sales Ltd retain our trade accounts' details within secure accounts software. We may contact trade customers by email with offers and promotions but never pass on any details to third parties.