All sales are made on these Terms and Conditions only and no other warranties or conditions are made by Mollyvision Eyewear Ltd.
The Company reserves the right to alter these Terms and Conditions. No alteration is valid unless contained in a letter signed on behalf of the Company
All prices are subject to change without notice. All orders for NON UK Addresses willl incur a delivery charge in addition to the prices quoted. UK Deliveries will be at the Royal Mail First Class “Signed For” Rates current at the date of order. No handling charge will be applied to orders delivered to UK Mainland addresses.
There is no minimum order for retail customers when ordering via our Website. The minimum order for Trade customers is 6 pairs of Sungalsses and/or 6 Eyeglass Cases.
Any order or part order may be cancelled by the Company should manufacture or delivery of the Goods be discontinued, hindered or prevented for any reason.
Notification of any damages or shortage must be given to the Company within 24 hours of delivery. Unless notification is given to the Company within 24 hours, the Goods will .be deemed to have been accepted by the Customer.
Mollyvision Eyewear Ltd liability for Goods proved to be defective shall be limited to the Invoiced Value of such Goods. Mollyvision Eyewear Ltd should be notified of such defective Goods within 3 weeks from date of delivery. Mollyvision Eyewear Ltd shall be entitled to replace such Goods in accordance with these Terms and Conditions in settlement of its liability
Payment is due before delivery of the Goods, unless prior agreements have been made between the Company and the Customer.
Added to all invoices at the appropriate rate
Until payment in full has been made, the property of the Goods will remain with the Company but the risk therein and all liability to third parties shall pass to the Customer on delivery. The Customer may sell the Goods in the normal course of its business but in a fiduciary capacity shall hold and pursue claims for the proceeds of their sale equal to the Cost Price of the Goods for the Company’s account. Any sale or dealing permitted by this Condition shall as between the Customer and its customer be a sale or use of the Company’s property by the Customer on the Customer’s own behalf, and the Customer shall deal as principal when making such a sale or dealing and not as an agent.
The Customer must store the Goods (at no extra cost to the Company) in good condition, clearly identifiable as the Company’s property, and separately from all other goods in the Customer’s Possession.
If the Customer fails to make any payment due to the Company within 14 days after it falls due under these Terms & Conditions, or if any distress or execution is levied on any of the Company’s Goods, or if the Customer offers to make any arrangement with its creditors, or commits an act of bankruptcy, or if a petition of bankruptcy is presented against it, or if the Customer is unable to pay its debts as they fall due, or if a resolution or petition to wind it up is passed or presented, or if a receiver, administrator, administrative receiver or manager is appointed (or if documents are filed with the Court for the appointment of an administrator or if notice of intention to appoint an administrator is given by the Customer or its directors or a qualifying chargeholder (as defined in Paragraph 18 of the Insolvency Act 1986)) over some or all if its business or if a judgment is presented against the Customer which is not paid within 7 days all sums outstanding in respect of the Goods shall become payable to the Company immediately.
If the customer commits any act or default which entitles the Company to exercise these rights, the Company shall (without prejudice to any of its other rights and remedies) have the right to repossess and use the Goods. For this purpose, the Company may enter any premises or vehicles owned, occupied or controlled by the Customer where the Goods are reasonably thought to be to remove them, and the Customer gives the Company irrevocable authority to enter its premises or vehicles without notice, and any rights to the Customer to sell, dispose or deal with the Goods shall immediately cease.
If the Customer fails to make any payment due to the Company in accordance with these Terms and Conditions, the Company shall have the right (without prejudice to any orther right or remedy available to it) to cancel or suspend any further delivery in respect of any order.
The Customer shall insure the Goods for their full replacement value for the period from delivery to the date when title passes to the Customer under these Terms and Conditions and in the event of any loss or damage shall hold the proceeds of such insurance in a fiduciary capacity for the benefit of the Company.
LIMITATION OF LIABILITY
The Company shall not be liable for any indirect or consequential losses or loss of profit suffered by the Customer as a result of any breach or fault of the company or fault in the Goods and in no event shall the Company be liable to the Customer for any amount in addition to the return of any monies paid by the Customer to the Company for the Goods. This Condition shall not exclude or restrict the Company’s liability for death or personal injury as a result of its negligence. The Company does not operate a sale or return policy.
FORCE MAJEURE
The Company shall not be liable to the Customer for any loss or damage whatsoever caused bt delay in the performance of, or non-performance of any obligation of the Company in relation to the Goods or any part thereof where such delay or non-performance is due to any cause beyond the Company’s reasonable control including, without limitation, strikes or breakdown in machinery.
These Terms and Conditions shall be governed in every respect by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
Mollyvision Eyewear Ltd is a company registered in England and Wales (Company Number 06222382) with a registered office at Darland House, 44 Winnington Hill, Northwich, Cheshire. CW8 1AU.
