Trade Terms and Conditions of Sale
Terms for CONSUMER WEB SITE ORDERS are available HERE
These are direct TRADE TERMS for orders placed outside of this site directly with TIPI or those considered to be Business to Business.
These Standard Terms shall be subject to further amendments or rescission made by the Supplier without notice to any Buyer and a valid version is always available on the Supplier’s website, www.tipistraws.com
SUPPLEMENTARY TERMS - in line with the Website use:
ACCEPTANCE OF TERMS
- Please read the Trade Terms and Conditions of Sale (“Trade Terms”) carefully as use of this service on the worldwide web directed by the URL tipistraws.com (the "Website”) and all linked URL's constitutes your acceptance of these Terms. This includes any consequential transactions created as a consequence of using the Website or directly with the Supplier.
- We may update these Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Trade Terms periodically for changes. By using the Site you agree to be bound by these Trade Terms. If you do not agree to these Trade Terms then please do not use the Services or any part of them.
- If you have any questions about any of our Terms of Service, please contact the team. These Trade Terms are for our Trade Buyers and direct orders and any orders that would be classed as Business to Business or special order. This includes any consequential transactions created after use of the Website.
- If you are buying any of the BULK OPTIONS these are classed as MADE TO ORDER ITEMS.
- Trade goods / Business to Business orders and transactions completed outside of our website are all classed as made to order and our TRADE TERMS of apply.
- These terms are not intended for online purchases of our online goods direct to end consumers covered under current Online Consumer Legislation and our Consumer terms and conditions. If any doubt or contradiction should occur the Trade terms will supercede and extinguish any consumer terms unless otherwise confirmed in writing by the Supplier.
PLACING AN ORDER
- By placing an order with us you will be deemed to have read, understood and agreed to our Trade Terms. If you are unhappy with any aspect of these, then you should contact us before placing an order with us.
HOW CONTRACTS ARE FORMED
- By placing an order directly with us for services as your "Supplier" to supply, as "Buyer" you are making an offer to us to purchase Goods or Services. After you have placed an order with us for the purchase of Goods or Services, you will normally receive an e-mail or invoice from us acknowledging that we have received your order.
- Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Trade Terms and the applicable details of Standard Products at point of dispatch
- Bespoke Goods outside of Standard Products are subject to approval processes as per our Terms
- The contract between you and us will relate only to those goods and/or services notified in the acknowledgement of order / invoice.
- The contract will expire upon dispatch of goods or notice of or fulfilment of incoterms or upon cancellation or refund, whichever is the soonest.
EXPORTS / INTERNATIONAL
- If you order Goods or Services for delivery / completion to an address outside the UK, they may be subject to costs, import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or forwarder for further information before placing you order with us.
- Any cost liability incurred in the process of delivery of the goods after leaving our units, are limited to those agreed at point of order. Please note that we have no control over these charges and cannot predict their amount.
- Insurance and any costs incurred on the goods once our contractual obligations have been met or the goods leave our unit (whichever is the sooner) will be the sole responsibility of the Buyer.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- Please take note of incoterms agreed at point of order. If none are agreed goods will be supplied EX WORKS at the unit the order is placed in. Any TBC delivery orders will be taken as EX WORKS until arrangement and payment of delivery costs has been met.
- Should any change in law or situation affect the taxes or price of goods or services during the contract, the Supplier reserves the right to demand payment for these from the Buyer forthwith. The Supplier takes no responsibility for their
- Any payments for international goods will be made into the local currency account specified in the currency on the invoice.
- The import or export of certain Goods or Services, may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods or Services you purchase.
- All items are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available. Time will not be of the essence
- Made to order items will endeavour to be made within the timescales quoted. Delivery timescales will be estimated at time of booking. We will endeavour to deliver the goods within the estimated time scales. Should delays occur, time will not be of the essence and the Buyer does not reserve the right to cancel due to delay. Please see our full Trade Terms for further details
DESCRIPTION OF GOODS
- Descriptions of Goods, whether written, communicated, published, photographed or described are given in good faith by us. However the colours and description of fabrications and products are given as a guide only and may vary.
- We make every effort to display as accurately as possible the colours and description of the Goods that appear on the Website or photographs, or publications, however, as the actual colours you see will depend on your computer monitor, we cannot guarantee that your computer monitor's colour display will accurately reflect the colour of the Goods on delivery.
- We reserve the right to amend our specifications of standard or bespoke goods without notice or justification. This includes, but is not limited to, specific pantone colours, patterns, packaging, components and fabrications of products.
- We do not in any circumstances accept responsibility for the accuracy or otherwise of the advertisement nor is any kind of warranty expressed or implied by such publication.
- We reserve the right to select and use multiple suppliers of our goods and as such variances may apply from time to time.
- At no point are we liable for any compensation whatsoever for failure to deliver within timescales quoted.
CANCELLATION BY US
- We reserve the right to cancel any contract at our discretion entered into within these Trade Terms. We will notify you of such cancellation and refund any payment taken in full to the original method of payment.
- If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within thirty (30) days.
- We will not be obliged to offer any compensation in respect of this cancellation.
RETURNS & REFUNDS
- Trade goods are outside of our standard consumer policy and are non returnable and non refundable.
CANCELLATION BY YOU
- Direct trade orders do not have a cooling off period and are classed as non cancellable made to order.
- If you choose to withdraw from this contract, we are under no obligation to refund any payments made. We reserve the right to reclaim any losses incurred as a consequence of cancellation without approval. This includes raising any claims via financial institutions, bodies or third parties.
- Any losses due to fluctuations in currency will be at the cost of the Buyer
- For the avoidance of doubt this shall include but is not limited to trade direct orders, Bulk Boxes, Cartons and Pallets, custom, personalised and bespoke items and services. This process is deemed to start immediately upon placement of contract.
- Should the Goods we deliver be faulty or damaged, you should notify us of this in writing to firstname.lastname@example.org within five (5) days of receipt and return the Goods to us promptly. The Goods will be faulty only where: they do not meet the current Trade Terms, or a hidden defect, which can be proved was present at the time of leaving our care.
- Goods are not faulty if they become damaged or faulty because of wear and tear, misuse or accidental damage or if the standard product or packing has been amended.
- Please note that we check the quality and workmanship of all Goods very carefully prior to dispatch. We bear no responsibility for damage after shipping. The onus will be on the Buyer to prove any claim of fault once goods have left our care
- We may ask for photographs as part of this process and these photographs will become our property to use as we see fit.
- If you notify a problem to us, our only obligation will be, at your option: to make good any shortage or non-delivery; or to replace or repair any Goods that are damaged or faulty. Time will not be of the essence.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY OF WEBSITE
- To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the website Service.
- The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
- You use the site and any downloads at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the site.
- Neither we nor our licensors are liable to you or any user for any use or misuse of the site. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this site, from inability to use the site, or from the interruption, suspension or termination of the site (including any damages incurred by third parties).
INTELLECTUAL PROPERTY RIGHTS
- We are the owner of the trademarked names Tipi Straws, Tipi Eco, Paper Straws Co and of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world, in accordance with Copyright, Designs and Patents Act 1988 of the United Kingdom and International Copyright Standards. All such rights are reserved.
- Our goods and services, including but not limited to products, photography, branding, colours, styles, patterns techniques,production methods, communications, marketing, packaging sizes, methods and designs and any templates, remain our intellectual property, for the avoidance of doubt this includes any and all bespoke and made to order production or products.
- You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any text, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
- You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. For the avoidance of doubt, this means that you must not use any images or materials from the Website, or copy or distribute or share any text, poem, artwork or patterns purchased from us.
- You must not use any part of the materials on the Website for publication or broadcast without obtaining our permission to do so.
NOTICES AND COMPLAINTS
- All notices given by you to us (including any complaints that you may have) should be sent in writing by post to the invoice address or via email hello [at] tipistraws.com and marked as “complaint”
- We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways we have been given to communicate with you.
- Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of your contract with us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale.