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Terms & Conditions

1 DEFINITIONS

(1) "Buyer" means the business who buys or agrees to buy the Goods from the Supplier for resale purposes;

(2) "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

(3)"Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

(4) "Goods" or “Products” means the items that the Buyer agrees to buy from the Supplier;

(5) "Supplier" means Kiran Wholesale;

(6) "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier;

(7) "Website" means www.kiranwholesale.com;

(8) “Working days” means any Monday to Friday from 9am to 5pm excluding all Public and bank holidays in England and Wales.

(9) "Public" refers to those buying who have not yet registered as a business or are in the action of and are buying the products for the sole purpose of resale.

 

2 CONDITIONS

(1) These Terms and Conditions include the Website User terms and Privacy Policy to all contracts for the sale of Goods by the Supplier to the Buyer and will prevail over any other communication, agreement or documentation from the Buyer. Nothing in these Terms and Conditions is intended to affect a Buyer’s statutory rights as a Consumer.

(2) If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

(3) These Terms and Conditions can only be varied if the Supplier specifically agrees in writing. Any special conditions which apply will be set out in an e-mail which will serve as a Schedule to this agreement.

(4) The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (including any special or varied terms and conditions accepted by the Buyer upon purchase).

(5) Any complaints by the Buyer must be in writing to the Supplier’s Trading address stated in clause 1(5).

(6) We can not send to BPFO addresses. If you order and use a BPFO address we will contact you and request a full UK address as an alternative. If you can not provide one we will cancel the order.

 

3 ORDERING

(1) Goods are available for viewing by appointment, please email gilly@kiranwholesale.com to arrange a mutually convenient time.

(2) To place an order the Buyer may use the Order process on www.kiranwholesale.com.

(3) Goods are available for sale to Buyers who are registered business only. Goods are sold as seen. The website and the Goods are not available to consumers. By placing an order the Buyer undertakes and confirms that they are purchasing as a registered business and not as a consumer. The Supplier will not accept any order placed by a consumer under any circumstances.

(4) All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.

(5) If the Goods are not available from stock then the Supplier will notify the Buyer. The Buyer can either choose an alternative or to wait until those goods are available or can receive a credit note.

 

 

4 ABOUT THE GOODS

(1) Goods are wholesale goods as explained and detailed on the website. The Buyer specifically agrees

(A) to tolerate up to a 5% variance in the stock amounts

(B) 5% margin for broken or faulty goods.

(2) Goods do not come with any warranty or guarantee whatsoever other than implied by law for business to business sales. Particularly battery operated items may need an immediate change of battery.

 

5 PRICE AND PAYMENT

(1) (a) The price of the Goods are exclusive of VAT (unless indicated to the contrary) and are those displayed on the website.

(B) Prices exclude delivery charges unless specified as “Free Delivery”. Free Delivery” will only apply to mainland England. Please allow 2-3 working days for clearance and account notification

(C) On the website we may provide estimates of delivery charges outside mainland England. These are only estimates and will only be confirmed after order. For delivery charges outside of mainland England, including Scotland, Wales, Ireland, Northern Ireland and any area outside of the United Kingdom, including BFPO, and any queries about delivery including whether you will be entitled to free delivery please e-mail us at gilly@kiranwholesale.com before placing your order.

(D) The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed. Please allow 3-5 working days for clearance and account notification

(E) The buyer can organise collection of Goods but this must be organised with the Supplier at before collection can take place. The Supplier will normally need at least 3 working days before collection but larger or palletised orders may require more time.

(2) Payment of the price plus any applicable VAT and delivery charges must be made in full before any Goods are dispatched.

(3) Payment is due in GBP and can be made by

(A) Paypal but the order will only be delivered to the registered users confirmed address.

(B) Wire Transfer/Bank Transfer

(C) Cash on Collection, where collection has been organised in accordance with these terms

(D) Cheque

(E) Bankers Draft

(F) Postal Order(s)

(G) Credit/Debit Card Payments over the phone by telephoning 020 3417 4535.

(4) Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including the Goods ordered and the price) together with any applicable consumer cancellation rights.

 

6 SUPPLIER’S RIGHTS

(1) The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.

(2) The Supplier reserves the right to refuse any order without liability.

(3) Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.

(4) Where payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until full cleared payment is received by the Supplier.

 

7 DELIVERY

(1) At the time of placing the order, and before goods can be dispatched, the buyer must supply the following information :-

(A) full contact details, including e-mail address, delivery address, landline and mobile telephone numbers

(B) any restrictions that could apply for delivery (e.g. narrow roads, residential area, requirement for pallet truck, requirement for forklift, parking restrictions, waiting times, red route, restricted access, buzzer entry, market centres, height or width restrictions or anything else suchlike).

(2) Goods will not be despatched until the Supplier has received cleared full payment of the price.

(3) Goods supplied will normally be delivered within the following number of working days of acceptance of order:

(A) to addresses on mainland UK within 5 working days;

(B) to addresses in Europe within 14 working days;

(C) to addresses outside of the UK and Europe within 28 working days.

(4) The Supplier will use its best endeavours to adhere to any agreed dates for delivery but time shall not be of the essence. However when the Supplier can not adhere to an agreed date the Supplier will notify the Buyer who can agree a new date. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery date.

(5) The Supplier will organise delivery of Goods to the Buyer’s address as provided by the Buyer on ordering. The Buyer is responsible for making arrangements to take delivery whenever they are delivered and is responsible for all redelivery and associated costs where delivery is not made at the first attempt. Where deliveries are made outside of the UK, it is the customer's responsibility to ensure they have a full understanding of any laws or legislation for the importing of goods. It is the receiver's (customer's) responsibility to confirm and pay any additional charges outside of regular postage including: customs fees, import tax, docking fees and any other related costs. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery, at the time delivery was attempted.

(6) The title in Goods will only pass to the Buyer upon cleared full payment of the price.

(7) We can not send to BPFO addresses. If you order and use a BPFO address we will contact you and request a full UK address as an alternative. If you can not provide one we will cancel the order.

 

8 RETURNS,QUERIES / COMPLAINTS & NOTICES

1) Upon delivery the Buyer will inspect the package/packaging. Where the package/packaging is/or appears to be damaged in any way then the Buyer must bring this to the attention of the deliverer. Where items are signed for on delivery the Buyer must mark “package damaged” when signing for the item.

(2) Immediately upon receipt the Buyer will properly inspect the Goods and shall notify the Supplier in writing by email gilly@kiranwholesale.com within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

(3) Where a claim of defect or damage is made, after contacting the Supplier in accordance with clause 8(2) above, the Buyer must comply with the Returns Instructions provided by the Supplier. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. Once the Supplier has received the returned Goods and if the Goods are defective then the Supplier will either provide a replacement or a credit note (including the proportion of delivery costs relating to the faulty item). However, any failure to follow the requirements and procedures detailed in this clause 8 and the buyers obligations at clause 9 following will be considered a breach by the Buyer and the Supplier will not provide a replacement or a credit note.

(4) All Goods to be returned must clearly show the order number obtained from the Supplier together with any information the Supplier stipulates in the Returns Instructions.

(5) Where returned Goods are found to be damaged due to the Buyer’s actions the Buyer will be liable for the cost of remedying such damage.

(6) All goods to be returned must be returned using Royal Mail Recorded Delivery or similar service which requires a signature upon receipt.

(7) (a) Any other complaints queries must be addressed in writing by e-mail to us atgilly@kiranwholesale.com. We aim to respond to any queries within 14 working days.

(B) If any complaint may amount to a breach of any term of these terms and conditions then you must allow us at least 30 days to remedy that breach.

(8) Any notices, must be in writing to our address as provided within the section headed definitions above using Royal Mail Special Delivery and will be deemed to have been received on the 7th day after posting.

(9) All items returned must be sent to the Warehouse address of Kiran Wholesale, Unit 12 Barratt Industrial Park, Park Ave, Southall, UB1 3AF.

(10) Where Goods are purchased and deemed unwanted but in otherwise condition as described, the Buyer can return them at their own cost for a (excluding the original delivery cost) a credit note on their account. The returned items must be received as sent (free from defect and in original packaging, with labels and tags if present). You must notify us in writing by email of any unwanted items within

TERMS AND CONDITIONS OF SALE

OF

Www.KiranWholesale.com

1 DEFINITIONS

(1) "Buyer" means the business who buys or agrees to buy the Goods from the Supplier for resale purposes;

(2) "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

(3)"Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

(4) "Goods" or “Products” means the items that the Buyer agrees to buy from the Supplier;

(5) "Supplier" means Kiran Wholesale, a company registered in England and Wales, Registration number 5664091, whose registered office is at Unit 12 Barratt Industrial Park, Park Ave, Souhtall, UB1 3AF, and whose trading address is at Unit 12 Barratt Industrial Park, Park Ave, Souhtall, UB1 3AF that owns and operates www.kiranwholesale.com and whose VAT registration number is 990464296

(6) "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier;

(7) "Website" means www.kiranwholesale.com;

(8) “Working days” means any Monday to Friday from 10am to 6pm excluding all Public and bank holidays in England and Wales.

(9) "Public" refers to those buying who have not yet registered as a business or are in the action of and are buying the products for the sole purpose of resale.

 

2 CONDITIONS

(1) These Terms and Conditions include the Website User terms and Privacy Policy to all contracts for the sale of Goods by the Supplier to the Buyer and will prevail over any other communication, agreement or documentation from the Buyer. Nothing in these Terms and Conditions is intended to affect a Buyer’s statutory rights as a Consumer.

(2) If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

(3) These Terms and Conditions can only be varied if the Supplier specifically agrees in writing. Any special conditions which apply will be set out in an e-mail which will serve as a Schedule to this agreement.

(4) The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (including any special or varied terms and conditions accepted by the Buyer upon purchase).

(5) Any complaints by the Buyer must be in writing to the Supplier’s Trading address stated in clause 1(5).

 

3 ORDERING

(1) Goods are available for viewing by appointment only, please email gilly@kiranwholesale.com or telephone call 0203 417 4535 to arrange a mutually convenient time

(2) To place an order the Buyer must use the Order process on www.kiranwholesale.com

(3) Goods are available for sale to Buyers who are registered business only. Goods are sold as seen. The website and the Goods are not available to consumers. By placing an order the Buyer undertakes and confirms that they are purchasing as a registered business and not as a consumer. The Supplier will not accept any order placed by a consumer under any circumstances.

(4) All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.

(4) If the Goods are not available from stock then the Supplier will notify the Buyer. The Buyer can either choose an alternative or to wait until those goods are available or can receive a full credit note.

 

 

4 ABOUT THE GOODS

(1) Goods are wholesale goods as explained and detailed on the website. The Buyer specifically agrees

(A) to tolerate up to a 5% variance in the stock amounts

(B) that, before selling to the public, they will de-branded all high street stock (high street store named, chain store and such like). This includes all labels, tags and other points of sale that bear reference to or uses the name of the store of origin and also includes using any names, logos or symbols associated with the store of origin in any advertising. All Abercrombie and Hollister products currently advertised on the website must not be resold in the EU or the United States. The Buyer understand that failure to de-brand all Goods is an immediate breach of these terms which allows the Supplier to claim an amount equivalent to 20 times the value of the order placed but may also result in both civil and criminal proceedings against the buyer.

(C) 5% margin for broken or faulty goods.

(2) Goods do not come with any warranty or guarantee whatsoever other than implied by law for business to business sales. Particularly battery operated items may need an immediate change of battery.

 

5 PRICE AND PAYMENT

(1) (a) The price of the Goods are exclusive of VAT and are those displayed on the website.

(B) Prices include delivery charges to mainland England as detailed on the website unless specified as “Free Delivery”. Free Delivery” will only apply to mainland England. Please allow 2-3 working days for clearance and account notification

(C) On the website we may provide estimates of delivery charges outside mainland England. These are only estimates and will only be confirmed after order. For delivery charges outside of mainland England, including Scotland, Wales, Ireland, Northern Ireland and any area outside of the United Kingdom, including BFPO, and any queries about delivery including whether you will be entitled to free delivery please e-mail us at gilly@kiranwholesale.com or call us on 0203 417 4535 or 07970 552 043 before placing your order.

(D) The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed. Please allow 3-5 working days for clearance and account notification

(E) The buyer can organise collection of Goods but this must be organised with the Supplier at before collection can take place. The Supplier will normally need at least 3 working days before collection but larger or palletised orders may require more time.

(2) Payment of the price plus any applicable VAT and delivery charges must be made in full before any Goods are dispatched.

(3) Payment is due in GBP and can be made by

(A) Paypal but the order will only be delivered to the registered users confirmed address.

(B) Wire Transfer/Bank Transfer

(C) Cash on Collection, where collection has been organised in accordance with these terms

(D) Cheque

(E) Bankers Draft

(F) Postal Order(s)

(G) Credit/Debit Card Payments over the phone by telephoning 0203 417 4535 or 07970 552 043

(4) Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including the Goods ordered and the price) together with any applicable consumer cancellation rights.

 

6 SUPPLIER’S RIGHTS

(1) The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.

(2) The Supplier reserves the right to refuse any order without liability.

(3) Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.

(4) Where payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until full cleared payment is received by the Supplier.

 

7 DELIVERY

(1) At the time of placing the order, and before goods can be dispatched, the buyer must supply the following information :-

(A) full contact details, including e-mail address, delivery address, landline and mobile telephone numbers

(B) any restrictions that could apply for delivery (e.g. narrow roads, residential area, requirement for pallet truck, requirement for forklift, parking restrictions, waiting times, red route, restricted access, buzzer entry, market centres, height or width restrictions or anything else suchlike).

(2) Goods will not be despatched until the Supplier has received cleared full payment of the price.

(3) Goods supplied will normally be delivered within the following number of working days of acceptance of order:

(A) to addresses on mainland UK within 5 working days;

(B) to addresses in Europe within 14 working days;

(C) to addresses outside of the UK and Europe within 28 working days.

(4) The Supplier will use its best endeavours to adhere to any agreed dates for delivery but time shall not be of the essence. However when the Supplier can not adhere to an agreed date the Supplier will notify the Buyer who can agree a new date. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery date.

(5) The Supplier will organise delivery of Goods to the Buyer’s address as provided by the Buyer on ordering. The Buyer is responsible for making arrangements to take delivery whenever they are delivered and is responsible for all redelivery and associated costs where delivery is not made at the first attempt. Where deliveries are made outside of the UK, it is the customer's responsibility to ensure they have a full understanding of any laws or legislation for the importing of goods. It is the receiver's (customer's) responsibility to confirm and pay any additional charges outside of regular postage including: customs fees, import tax, docking fees and any other related costs. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery, at the time delivery was attempted.

(6) The title in Goods will only pass to the Buyer upon cleared full payment of the price.

 

8 RETURNS,QUERIES / COMPLAINTS & NOTICES

1) Upon delivery the Buyer will inspect the package/packaging. Where the package/packaging is/or appears to be damaged in any way then the Buyer must bring this to the attention of the deliverer. Where items are signed for on delivery the Buyer must mark “package damaged” when signing for the item.

(2) Immediately upon receipt the Buyer will properly inspect the Goods and shall notify the Supplier in writing by email gilly@kiranwholesale.com within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

(3) Where a claim of defect or damage is made, after contacting the Supplier in accordance with clause 8(2) above, the Buyer must comply with the Returns Instructions provided by the Supplier. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. Once the Supplier has received the returned Goods and if the Goods are defective then the Supplier will either provide a replacement or a credit note (including the proportion of delivery costs relating to the faulty item). However, any failure to follow the requirements and procedures detailed in this clause 8 and the buyers obligations at clause 9 following will be considered a breach by the Buyer and the Supplier will not provide a replacement or a credit note.

(4) All Goods to be returned must clearly show the order number obtained from the Supplier together with any information the Supplier stipulates in the Returns Instructions.

(5) Where returned Goods are found to be damaged due to the Buyer’s actions the Buyer will be liable for the cost of remedying such damage.

(6) All goods to be returned must be returned using Royal Mail Recorded Delivery or similar service which requires a signature upon receipt.

(7) (a) Any other complaints queries must be addressed in writing by e-mail to us a gilly@kiranwholesale.com. We aim to respond to any queries within 14 working days.

(B) If any complaint may amount to a breach of any term of these terms and conditions then you must allow us at least 30 days to remedy that breach.

(8) Any notices, must be in writing to our address as provided within the section headed definitions above using Royal Mail Special Delivery and will be deemed to have been received on the 7th day after posting.

(9) All items returned must be sent to the Warehouse address of KCH Exports UK Ltd, Unit 12 Barratt Industrial Park, Park Avenue Road, Southall, Middlesex UB1 3AF

(10) Where Goods are purchased and deemed unwanted but in otherwise condition as described, the Buyer can return them at their own cost for a (excluding the original delivery cost) a credit note on their account. The returned items must be received as sent (free from defect and in original packaging, with labels and tags if present). You must notify us in writing by email of any unwanted items within 7 days of receipt of the order. All credits notes are issued at the discretion of Kiran Wholesale.

 

9 RESPONSIBILITY & USE OF GOODS/PRODUCTS

(1) The Buyer agrees to be solely responsible for the use of any resale of Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information and will ensure this is part of their resale agreement. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.

(2) Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.

(3) With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use and the Buyer will ensure this is part of their resale agreement

(4) The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance and the Buyer will ensure this is part of their resale agreement

(5) The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause.

 

10 LIMITATION OF LIABILITY

(1) Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents.

(2) TheSupplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.

(3) Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods by any agreed date.

(4)Other than those implied by law, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.

 

11 WAIVER

Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

12 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

13 INVALIDITY & SEVERANCE

Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of this agreement.

 

14 GOVERNING LAW AND JURISDICTION

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

 

15 THIRD PARTY BROKER AGREEMENT TERMS AND CONDITIONS

For the seller

Before advertising your items for sale we require the certain information. This information must be a true and accurate reflection of the items you are selling. The stock must also be yours to sell and in your possession. The following is information we would also require:

-Your full name, address, collection address (if different), best contact number(s)

-An accurate description of the stock that you wish to sell

-An accurate breakdown of the stock

-Any images you have (if not send samples and we can photograph them for you)

-A brief history of the stock (origin, where sold etc)

-Accurate idea of original RRP

-The full amount (inclusive of any charges that may be applicable such as carriage or taxes) you wish to receive from the sale (per unit or as a whole)

When we are satisfied with the information provided, Kiran Wholesale will post the advertisement for your stock, clearly stating that we are advertising it on behalf of a 3rd party. We will advertise the items inclusive of a 30% commission charge. The advert will remain live until sold either by Kiran Wholesale or by the owner elsewhere. Notification of a sale elsewhere would need to be made in writing by email so the advert can be removed from our listings.

Upon a successful sale by Kiran Wholesale, payment will be requested from the buyer. After the deduction of our 30% commission charge, we will pay 50% of the funds to the stock owner and arrange the carriage of the items. It is wholly the responsibility of the seller to make the stock available for pick up and Kiran Wholesale will never be liable for any losses, costs, damages or expenses incurred by the Seller or any third party arising directly or indirectly out of any failure to meet any agreed collection date. Also in the event the Seller was not available on the agreed collection date, for whatever reason, the Seller agrees to pay any additional charges arising from any re-collection fee. This will be automatically be deducted from any monies still owed to the Seller.

Kiran Wholesale will hold the remaining 50% for seven days. During this seven day period, it is the buyers responsibility to inform us in writing by email of any issues with the purchase (damage, missing items, not as described etc). After this period has elapsed and no issues have arisen, the remaining 50% will be transferred to the seller.

This process ensures a smooth transaction and limits liability for the seller, buyer and Kiran Wholesale. Should any disputes arise, it is the responsibility of the stock owner to rectify directly with the buyer. We will offer our services to ensure a satisfactory solution is reached but Kiran Wholesale shall in no way be held liable for any losses or be subject to any litigation proceedings as a result of a transaction.

For the buyer

By purchasing through our 3rd party broker service, you agree to abide by the terms set out above. Once a transaction is complete, you have seven days from receipt of the items to inform Kiran Wholesale of any issues with the stock (damage, missing items, not as described etc). This must be in writing by email to gilly@kiranwholesale.com

Kiran Wholesale, will pass your email and contact details to the seller whose responsibility it will be to rectify any anomolies.

Notification us of any discrepancy outside of this period will be deemed null and void.

Free delivery options do not apply to items sold via our 3rd party broker service.

 

7 days of receipt of the order. All credits notes are issued at the discretion of Kiran Wholesale.

9 RESPONSIBILITY & USE OF GOODS/PRODUCTS

(1) The Buyer agrees to be solely responsible for the use of any resale of Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information and will ensure this is part of their resale agreement. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.

(2) Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.

(3) With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use and the Buyer will ensure this is part of their resale agreement

(4) The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance and the Buyer will ensure this is part of their resale agreement

(5) The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause.

 

10 LIMITATION OF LIABILITY

(1)Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents.

(2) TheSupplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.

(3) Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods by any agreed date.

(4)Other than those implied by law, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.

 

11 WAIVER

Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

12 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

13 INVALIDITY & SEVERANCE

Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of this agreement.

 

14 GOVERNING LAW AND JURISDICTION

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

 

15 THIRD PARTY BROKER AGREEMENT TERMS AND CONDITIONS

For the seller

Before advertising your items for sale we require the certain information. This information must be a true and accurate reflection of the items you are selling. The stock must also be yours to sell and in your possession. The following is information we would also require:

-Your full name, address, collection address (if different), best contact number(s)

-An accurate description of the stock that you wish to sell

-An accurate breakdown of the stock

-Any images you have (if not send samples and we can photograph them for you)

-A brief history of the stock (origin, where sold etc)

-Accurate idea of original RRP

-The full amount (inclusive of any charges that may be applicable such as carriage or taxes) you wish to receive from the sale (per unit or as a whole)

When we are satisfied with the information provided, Kiran Wholesale will post the advertisement for your stock, clearly stating that we are advertising it on behalf of a 3rd party. We will advertise the items inclusive of a 30% commission charge. The advert will remain live until sold either by Kiran Wholesale or by the owner elsewhere. Notification of a sale elsewhere would need to be made in writing by email so the advert can be removed from our listings.

Upon a successful sale by Kiran Wholesale, payment will be requested from the buyer. After the deduction of our 30% commission charge, we will pay 50% of the funds to the stock owner and arrange the carriage of the items. It is wholly the responsibility of the seller to make the stock available for pick up and Kiran Wholesale will never be liable for any losses, costs, damages or expenses incurred by the Seller or any third party arising directly or indirectly out of any failure to meet any agreed collection date. Also in the event the Seller was not available on the agreed collection date, for whatever reason, the Seller agrees to pay any additional charges arising from any re-collection fee. This will be automatically be deducted from any monies still owed to the Seller.

Kiran Wholesale will hold the remaining 50% for seven days. During this seven day period, it is the buyers responsibility to inform us in writing by email of any issues with the purchase (damage, missing items, not as described etc). After this period has elapsed and no issues have arisen, the remaining 50% will be transferred to the seller.

This process ensures a smooth transaction and limits liability for the seller, buyer and Kiran Wholesale. Should any disputes arise, it is the responsibility of the stock owner to rectify directly with the buyer. We will offer our services to ensure a satisfactory solution is reached but Kiran Wholesale shall in no way be held liable for any losses or be subject to any litigation proceedings as a result of a transaction.

For the buyer

By purchasing through our 3rd party broker service, you agree to abide by the terms set out above. Once a transaction is complete, you have seven days from receipt of the items to inform Kiran Wholesale of any issues with the stock (damage, missing items, not as described etc). This must be in writing by email to sales@kiranwholesale.com

Kiran Wholesale, will pass your email and contact details to the seller whose responsibility it will be to rectify any anomolies.

Notification us of any discrepancy outside of this period will be deemed null and void.

Free delivery options do not apply to items sold via our 3rd party broker service.

 

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