PDF Catalog

Trade Terms & Conditions

TRADE TERMS & CONDITIONS

1. TERMS AND CONDITIONS OF BUSINESS

  1. This website is operated by Top Fashions (Indiabazaar). Where these terms and conditions use terms such as "we", "us" and "our" they refer to Top Fashions (Indiabazaar).
  2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated Privacy Policy available on our website.
  3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
  4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.

2. DEFINITION                                                   

In these conditions the following text and expressions will have the following meaning unless the context require otherwise -

  1. In these conditions Top Fashions (Indiabazaar) “The Company” means Top Fashions whose registered office is 93 Belgrave Road, Leicester, LE4 6AL.
  2. The Buyer/Customer/Purchaser means the firm/company or person so described in the order/purchase order.
  3. The headings in these conditions are for convenience only and shall not affect their interpretation.

3. GENERAL CONDITIONS

  1. The Company reserve the right to refuse service to anyone, for any reason, at any time.
  2. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
  3. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
  4. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.

4. SERVICE AND PRICING

  1. Prices for items are subject to change without notice.
  2. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
  3. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
  4. Any other tax or duties payable by the buyer shall be added to the price.

5. PAYMENTS

  1. The Company shall be entitled to invoice the Customer for the Goods ordered on or at any time after dispatch of the Goods or any instalment thereof.
  2. The Customer shall make payment for the Price and any Additional Charges in sterling.
  3. Any payment received by the Company in any other currency will not be deemed to be payment for the goods in question
  4. Payment of the invoice shall be due and payable without any set-off or other deduction within the specified number of days, as stated in the Customer’s Credit Agreement and on the Invoice issued at time of dispatch.
  5. Where credit account payment terms have been agreed payment of such invoices, unless otherwise specified by the Company in writing or provided in these conditions, shall be made within 30 days of the date of invoice.
  6. Any extension of credit allowed to the buyer may be changed or withdrawn by Top Fashions (Indiabazaar) at any time.
  7. In the event that the Customer fails to pay any invoice from the Company by the due date, then without prejudice to any other right or remedy available to the Company, all invoices issued to the Customer by the Company in respect of any Goods sold or supplied pursuant to these Terms shall immediately fall due for payment and any credit offered or extended by the Company to the Customer in respect of the same shall be cancelled forthwith.
  8. If the Customer fails to pay any invoice on or before the due date then, without prejudice to any other right or remedy available to the Company:
  1. The Company shall be entitled to withhold delivery of any outstanding orders for Goods or any instalment thereof (being the subject of the Contract or any other contract) until the Price and any Additional Charges are paid in full; and
  2. The Company shall be entitled to terminate the credit account of the Customer upon notice to the Customer in writing.

6. GOODS & DELIVERY

  1. Goods shall remain the property of the Company until payments in full are made by the buyer.
  2. Any samples, drawings, descriptive matter, or advertising produced by the Company and any descriptions or illustrations contained in the Company’s catalogues, on the website or in brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
  3. To the extent that the Goods are to be manufactured in accordance with a specification supplied by the Customer, the Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company in connection with any claim made against the Company for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause shall survive termination of the Contract.
  4. The Company reserves the right to amend the specification of the Goods or if required by any applicable statutory or regulatory requirements.
  5. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
  6. The Customer is responsible for ensuring that they provide the Company with full and accurate delivery details. The Company will not be liable for any mis-delivery arising out of incorrect information provided.
  7. Delivery dates are given in good faith but are not guaranteed. Such dates are approximate only and not of any contractual effect and the seller shall not incur any liability by reasons of failure to deliver on any particular date or dates.
  8. Delivery times are not binding. Goods supplied will normally be delivered within the following number of working days from dispatch:
    1. (a) UK mainland within 3-5 Working Days
    2. (b) Northern Island, Scottish Highlands & Offshore Islands within 5-7 working days
    3. (c) Europe within 10-20 working days
    4. (d) Internationally & Worldwide – contact us on 0116 266 2050 or email tfcashandcarry@indiabazaar.co.uk
    5. (e) Local Collection/Pickup – contact us on 0116 266 2050 or email tfcashandcarry@indiabazaar.co.uk
  9. The Customer must ensure that there is suitable access to be able to stop and unload safely. The Customer must be available to sign for and unload the delivery. Deliveries must be signed for by someone aged 18 or over.
  10. In the event of a failure to accept any delivery by the Customer, otherwise than by reason of the Company’s fault or by reason of Force Majeure, the Price and any Additional Charges shall immediately become due for invoice in accordance with clause 5.4 and the Company shall be entitled to store the Goods until actual delivery and charge the Customer for the reasonable costs of storage (including insurance), the Goods being held at the Customer’s risk.
  11. Any delivery discrepancy must be notified to the seller in writing within 5 days of the delivery.
  12. Any customs charges incurred by the Company during delivery overseas, including import tax to non-EU countries, are to be covered by the buyer. All documentation is correctly supplied on overseas packaging but if any costs are incurred by the Company relating to the import of goods, these costs will be passed onto the buyer.
  13. Collection is free of charge from the Company’s distribution centre and must be pre-arranged by contacting the Company and organising an appropriate time.
  14. The Company reserves the right to make delivery by instalments and tender a separate invoice in respect of each instalment.

7. RETURNS & EXCHANGE 

  1. Under no circumstances does the seller offer a 'sale or return' policy or an exchange policy.
  2. The Company does not accept returns of non-faulty items.
  3. Customers are expected to check all product items sign for all consignment immediately on delivery and in the event of any shortages must be reported to the company within 5 working days. All claims shall be deemed to be waived and absolutely barred if they fall outside these timescales.
  4. However, if the damage or short delivered goods are accepted, the goods should be signed for as damaged or short delivered. Confirmation of the claim must be made in writing to both the Carriers and the Company as follows: - Within 5 days of invoice for non-delivery of the whole or any part of the consignment. Within 5 days of delivery for damaged goods. Signature endorsed ‘unexamined ‘or ‘unchecked ‘will not be accepted by Carriers as a basis for a claim. Failure to comply with the above mentioned procedure will invalidate claims.
  5. Subject to the Return & Exchange Policy, if you are returning your goods because they were damaged in transit, or because the wrong products were delivered, or because the products delivered were materially different from what was described on the website when you purchased the products, then you shall be entitled to a refund of the full product price(s) of the returned product(s) and the cost of return delivery will be covered by the Company. Please note: If not returning products that are not as described or are damaged on arrival, images will be required for a refund to be made.
  6. All returned products must be in their original product packaging. If you have opened the product packaging, or you have damaged the packaging or labelled the products so that it cannot be reused, we reserve the right to provide you with a partial refund only. Items that come in a display can only be returned as a full display.

8. ORDER CANCELLATION

  1. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
  2. If we receive your order cancellation instruction before we have dispatched the goods to you, you shall be entitled to a full refund of the total order price.
  3. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.

9. RESERVATION OF GOODS

  1. No goods are reserved for the buyer, unless otherwise agreed with Top Fashions (Indiabazaar) prior to order/purchase order being placed.

10. ONLINE STORE TERMS

  1. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
  2. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
  3. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
  4. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
  5. The item you have ordered is out of stock
  6. We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
  7. There has been a pricing or product description error
  8. There is a system or procurement failure
  9. You have failed our customer validation checks
  10. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
  11. Your order will only be accepted by us once your goods have been dispatched.

11. TRADEMARKS

  1. GK Global Kitchen / Indiabazaar is the trademark or registered trademark of Top Fashions (Indiabazaar) in the UK and/or other countries.

12. COPYRIGHT

  1. All design, packaging, text, graphics, the selection and arrangement thereof, and all software compilations, underlying website source code, software (including applets) and all other material are copyright of Top Fashions (Indiabazaar) and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED.

13. CONFIDENTIALTIY & DATA PROTECTION

  1. Please Read our Privacy Policy.

14. LIABILITY AND INDEMNITY

  1. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
  2. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.

15. JURISDICTION

  1. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.

16. ENTIRE AGREEMENT

  1. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (clause 7) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.

17. GENERAL

  1. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
  2. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.