Trade & Wholesale Customers (UK)
These Terms of Trade (“Terms”) apply to all trade, wholesale, and commercial customers (“Customer”) purchasing goods from Distinctly Living Ltd (“Supplier”, “we”, “us”, “our”).
By placing an order, opening a trade account, or purchasing goods from us, the Customer agrees to be bound by these Terms.
1. Company Details
Distinctly Living Ltd
Company No: 12050186.
Registered Office: 35 Lower Street, Dartmouth. Devon. TQ6 9AN
Email: info@distinctlyliving.co.uk
Telephone: 01803 832 257
2. Definitions
Goods: All products supplied by the Supplier.
Order: Any order placed by the Customer and accepted by the Supplier.
Business Day: A day other than a Saturday, Sunday, or public holiday in England.
3. Application of Terms
3.1 These Terms apply to all trade sales and override any terms proposed by the Customer unless expressly agreed in writing by the Supplier.
3.2 The Supplier may amend these Terms at any time. Updated Terms apply to all future Orders.
4. Trade Accounts
4.1 Trade accounts are subject to approval at the Supplier’s discretion.
4.2 The Supplier may require a completed credit application, references, or security.
4.3 The Supplier may suspend or withdraw a trade account immediately if payment terms are breached or creditworthiness becomes unsatisfactory.
5. Pricing
5.1 All prices are quoted in GBP (£) and are exclusive of VAT unless stated otherwise.
5.2 Prices may be varied at any time prior to Order acceptance.
5.3 Quotations are valid for 14 days unless otherwise stated in writing.
6. Orders
6.1 Orders are binding once accepted by the Supplier.
6.2 The Supplier reserves the right to refuse or cancel Orders at its discretion.
6.3 Any cancellation or amendment requested by the Customer may incur costs already incurred by the Supplier.
7. Payment is required in full prior to dispatch.
8. Payment Terms
8.1 Payment in full prior to dispatch.
8.2 The Supplier reserves the right to require full payment in advance or withdraw credit terms at any time.
8.3 The balance of the Order (after any deposit) is payable: prior to dispatch; or in accordance with agreed trade credit terms.
8.4 Late payments may attract: statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998; and reasonable debt recovery and legal costs.
9. Failure to Pay
9.1 If the Customer fails to pay any amount when due, the Supplier may: suspend or cancel the Order; retain any deposit paid; withhold delivery of Goods; resell or otherwise dispose of the Goods; and recover any additional losses or costs incurred.
9.2 The Supplier may apply any deposit held against outstanding invoices or amounts owing by the Customer.
10. Delivery
10.1 Delivery dates are estimates only and time is not of the essence.
10.2 Delivery charges will be invoiced unless otherwise agreed.
10.3 The Supplier is not liable for delays caused by events beyond its reasonable control.
11. Risk and Title
11.1 Risk in the Goods passes to the Customer upon delivery.
11.2 Title to the Goods remains with the Supplier until payment in full has been received.
11.3 Until title passes, the Customer must not resell, pledge, or dispose of the Goods without the Supplier’s consent.
12. Inspection and Claims
12.1 The Customer must inspect Goods immediately upon delivery.
12.2 Claims for damaged, faulty, or incorrect Goods must be notified in writing within 48 hours of delivery.
12.3 Failure to notify within this period constitutes acceptance of the Goods.
13. Returns
13.1 Returns are not accepted by default unless agreed prior to purchase.
13.2 Approved returns may be subject to a restocking or handling charge.
13.3 Bespoke, special-order, or clearance Goods are non-returnable unless faulty.
14. Warranties
14.1 Goods are supplied in accordance with applicable UK legislation.
14.2 To the fullest extent permitted by law, all other warranties or conditions are excluded.
15. Limitation of Liability
15.1 The Supplier shall not be liable for indirect or consequential losses, including loss of profit, business, or goodwill.
15.2 The Supplier’s total liability shall not exceed the invoice value of the Goods giving rise to the claim.
16. Indemnity
The Customer indemnifies the Supplier against all claims, losses, and costs arising from:
misuse or improper resale of the Goods; breach of these Terms; or representations made by the Customer to third parties.
17. Force Majeure
The Supplier shall not be liable for failure or delay caused by circumstances beyond its reasonable control, including supplier shortages, transport disruption, or acts of God.
18. Confidentiality
All trade pricing, product information, and commercial terms are confidential and must not be disclosed without prior written consent.
19. Governing Law
These Terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of its courts.
20. General
20.1 No waiver of any breach shall be deemed a waiver of any subsequent breach.
20.2 If any provision is held invalid, the remainder shall remain in full force.
20.3 These Terms constitute the entire agreement relating to trade supply.