Wholesale Terms and Conditions
In these terms Frances Hilary means Frances Hilary Limited of 35 Stonegate, York, North Yorkshire Y01 8AW United Kingdom. The Buyer or Customer refers to the company and or purchaser of the Order. These terms apply to all Orders placed and an agreement to sell you the product is made on the basis of these terms when we accept your order through this website.
UK Ordering and Carriage (inc IOM Northern Ireland and the Channel Islands)
Carriage will be added to all orders and subject to change at Frances Hilary's discretion.
We will endeavour to send your order within 7-10 days of receipt of your order up to a maximum of 28 days for delivery. If certain items are unavailable we will contact you to discuss.
Please also contact trade@franceshilary.com, in the event of non-arrival, i.e. non-delivery after 28 days. Or call us on 44 (0) 1904 643 690
All prices include VAT as applicable (except for the Channel Islands), and our VAT number is
GB 828 9628 74
We will be entitled to make delivery of goods by instalments and to invoice the buyer for each instalment despatched.
In the event of a delayed delivery time, unless we receive written cancellation of order, goods will be invoiced as soon as available. And the Buyer must stand by the original order. The Buyer must advise Frances Hilary of any total or partial loss, damage or non delivery of all or any separate part of a consignment within 48 hours of the arrival of the goods at the Customer's premises. No claim can be considered if the person receiving the goods on behalf of the Buyer has signed that the consignment is complete and in good condition. In the event of failure by the Buyer to give such notice the Buyers claims will not be valid.
Where goods have been delivered and not ordered, the Buyer must inform the Company within 28 days of delivery. Goods will not be authorised for return if advised after this period. No credit is available for special order items where the goods are not faulty. Special order items may be cancelled within 14 days of the initial order being placed, with the agreement in writing of an authorised representative of the Company, thereafter a cancellation charge of up to 50% of the order value will apply.
UK Returns
No goods may be returned without the prior consent of Frances Hilary. All goods returned are to be accompanied with a reason for returning the goods. Goods returned without prior agreement may be returned to the Buyer at the Buyers expense and goods returned without prior authorisation may be subject to a 10% handling charge.
Goods returned soiled or damaged condition will not be credited in full. Any goods returned whether for credit or repair must be adequately packed. The Goods will be tested on receipt. If no fault is found then the Buyer will liable for the carriage charge incurred in returning the goods to Frances Hilary.
Any repairs attempted by a party other than Frances Hilary will invalidate the warranty. The Buyer must accept faulty goods from their own customers where the goods in question had originally been purchased by the Buyer from Frances Hilary. Retailers must not advise customers to go direct to Frances Hilary. Retailers must not make decisions regarding the remedy due to a claimed fault on a product. Goods must be returned to Frances Hilary who will decide the appropriate remedy.
Overseas Orders, Carriage and Returns
All overseas orders are by proforma unless the Buyer has written prior consent by Frances Hilary for account status and is issued with an account number.
Please note that with regard to international shipments, you are responsible for any local import duties and taxes that may be charged.
When ordering products from Frances Hilary Online for delivery overseas, you may be subject to import duties and taxes, which are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Frances Hilary Online, you are considered the 'Importer of Record' and must comply with all laws and regulations of the country in which you are receiving the product.
When you order online, you will be asked to enter the country of delivery within your address details. International delivery is available worldwide. By ordering through Frances Hilary online you agree to pay all overseas shipping charges to the country of delivery. As international shipping charges vary considerably, we will contact you prior to despatch to confirm and take payment for the cost of overseas shipping. By ordering online you agree to pay such charges before your goods are despatched.
All prices include VAT at the UK's current rate (for international orders outside of the EU, VAT will not be applied) and our VAT number is;
GB 828 9628 74
Frances Hilary will obtain the cost of shipping overseas from our chosen carriers. Frances Hilary will not seek to add any additional payments to the quoted carriage charges for international delivery and will pass all such costs that require payment to you before your goods are despatched.
If you have any questions regarding shipment overseas please do not hesitate to contact us prior to your order by e-mail at trade@franceshilary.com or by telephone on +44 (0) 1904 643 690.
Please email trade@franceshilary.com if you have a special request regarding delivery. Please remember to state the delivery address, country and area code.
Frances Hilary must be informed of any damage to the product within 48 hours of delivery by email to trade@franceshilary.com.
It is the policy of Frances Hilary to ensure that all products supplied to all our buyers arrive in perfect condition. Should the product not match your requirements on arrival or you change your mind, you must return the goods to us in perfect condition within 3 days of receiving our shipment with all packaging intact. You must provide evidence to Frances Hilary within 3 days of receiving our shipment that such undertakings have taken place and that all goods have been shipped to us. Frances Hilary will refund you in full excluding the shipping charge on receipt of the goods.
The cost of returning the product is the responsibility of the Buyer.
Please also contact trade@franceshilary.com, in the event of non-arrival or an enquiry regarding shipment of your goods at trade@franceshilary.com. Or call us on 44 (0) 1904 643 690
Domain Names
Internet domain names used by the buyer which includes Frances Hilary's name or the name of our products will be seen as an intention of misrepresentation and an infringement of our trading terms and conditions
No material on this website may be rproduced or redistributed without our prior written permission.
Payment UK customers The buyer must pay for the goods by proforma or if an account number has been issued no later than 30 days following the date of the invoice, which will be raised once your online order has been submitted to us. Prompt payment is a condition precedent to future deliveries. Persistent late payment will result in the permanent withdrawal of credit facilities.
Interest on Overdue Invoices Interest at 2% per month will be charged at the discretion of the Frances Hilary on invoices not settled within the stated terms.
Prices
Prices are subject to alteration without prior notice. We will be entitled to adjust any prices quoted or appearing in any of our price lists at any time up to the date of despatch and the Buyer will pay for the goods at the price ruling at the date of despatch except where a separate signed pricing agreement is in place between a specified customer and Frances Hilary.
Property in the Goods and Risk
The property in the goods will not pass to the Buyer until the price for the goods has been paid in full and in addition all other sums due to us from the Buyer under any contract have been paid in full. The risk in the goods will pass on delivery to the Buyer.
Premises and Location
Frances Hilary has a policy of only dealing with customers who have a bona fide retail premise of a “good standard” as determined by Frances Hilary. We reserve the right not to give full account status to new accounts that are in close proximity to existing retail customers. This policy can also be applied when an existing customer opens a new branch or moves location. The “geographical proximity” will also take into account local population densities and will be decided by Frances Hilary. In exceptional circumstances we can waive the above restrictions. We reserve the right to reverse our decision to give account status during the first two years of trading.
Selling On
Frances Hilary acts as sole distributors for the brand we represent in the UK. We therefore reserve the right to withdraw account status from customers who are “actively” re-selling our products to other retail businesses, thereby contravening our premises and location policies.
We may use distributors to distribute our goods outside the United Kingdom, who with contract, have Frances Hilary's written consent to distribute our products to other retail businesses.
Stocking and Turnover Policies
Frances Hilary has certain stockholding and turnover threshold, which must be adhered to. Failure to maintain these levels can result in removal from the particular scheme, and its benefit, or withdrawal of account status.
Variations in Specification
No variation by us in the specification or design of the goods shall constitute a breach of contract or impose upon us any liability whatsoever.
General
Except in respect of death or personal injury caused by Frances Hilary's negligence, Frances Hilary shall not be liable to you for any loss or damage (such term to include without limitation economic loss, administrative and overhead costs, loss of profits (whether direct or indirect), business, contracts, revenues, goodwill, production and anticipated savings of every description, loss).
Frances Hilary shall not be liable to you by reason of any delay in performing, or any failure to perform, any of Frances Hilary's obligations in relation to the product if the delay or failure was due to any cause beyond Frances Hilary's reasonable control.
Frances Hilary's liability to you in all other instances shall not exceed the value of the product ordered by you.
You will only own the product once it has been successfully delivered and when Frances Hilary has received payment in full. Until that time, Frances Hilary will own the product.
Frances Hilary aims to continually improve the products available and so design changes may be made at any time. Frances Hilary will endeavour to keep this website up to date but information and designs provided on Frances Hilary online are for your information only and are subject to change without notice.
Any pictures on this website are as accurate as possible, but there are technical limitations, and due to the nature of some of Frances Hilary's products and the quality of the raw materials, slight variations in colour and texture must be expected.
Frances Hilary will endeavour to allow uninterrupted access to this website, but due to the nature of the Internet and other factors, access may be suspended, restricted or terminated at any time.
These terms will be governed by and construed in accordance with English law and you submit to the exclusive jurisdiction of the English courts.
Account numbers
Issued with an account number. Once you are issued with an account number you can entire this account number to bypass our payments page and an invoice will be raised and sent to your e-mail address that you have registered with us. We will contact you to confirm your order and delivery details. The responsibility of the account number is that of the Buyer any disclosure of the account number once issued by Frances Hilary is the responsibility of the Buyer, therefore we cannot ensure or warrant the security of an account number once it has been sent to the Buyer.
Security and Privacy
Frances Hilary endeavour to offer a high level of security for payments and we use third party payment service providers to undertake your payment.
When you order, we require your name, email address, delivery address, credit or debit card number, registered address of the credit card, credit card cvc number and the card's expiry date. This allows us to fulfil your order and to let you know the status of it.
Frances Hilary will also ask you for your telephone number, so we can contact you if there is an urgent problem with your order. This number will be given to our carriers for deliveries.
Frances Hilary supports all the requirements of the UK Data Protection Legislation; we follow strict security procedures in the storage and disclosure of information.
We are committed to protecting all Frances Hilary customers and we do not sell, trade or rent your personal information to other companies outside of Frances Hilary. We use the data we collect to make shopping with us enjoyable, and to improve your shopping experience and to send you details of any services or offers which we think might be of interest to you.
Keeping information about you secure is very important to us. To this end Frances Hilary endeavour to offer a high level of security for your payments and for your personal information. All credit cards are processed via our chosen payment service providers and your credit card details are not held in real text anywhere on our site.
Frances Hilary's Payment Service Providers
All Frances Hilary's online payments are processed by Protx, who have become the largest independent Payment Service Provider in the UK. Your card details are not revealed to Protx or their agents when purchasing directly online.
The information you provide when making your purchase is passed directly to Protx using 128 bit secure encryption technology. Protx ensures the maximum security for our customers and provides greater security than ordering goods over the telephone or writing them down on an order form.
Transaction security
All transaction information passed between merchant sites and the Protx VSP Systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to your servers from Protx are signed using MD5 hashing to prevent tampering. You can be completely secure in the knowledge that nothing you pass to the Protx servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
Encryption and Data Storage
Once on Protx systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards used by, among others, the US Government. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign's Global Root certificate, making them all but impossible to extract. The data we hold is extremely secure and we are regularly audited by the banks and banking authorities to ensure it remains so.
Links to banks
Protx has multiple private links into the banking network that are completely separate from the Internet and which do not cross any publicly accessible networks. Any cardholder information sent to the banks and any authorisation message coming back is secure and cannot be tampered with.
However, no data transmission over the Internet can be guaranteed to be totally secure and therefore we cannot ensure or warrant the security of any information you send to us or our chosen payment service provider. You include any information via this website at your own risk.
Law
These terms and conditions between Frances Hilary and the customer shall be subject to English Law and the parties submit to the exclusive jurisdiction of the English Courts. |
