Credit Account Terms & Conditions

Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.

General

www.rhinostationery.com (the “Website”) is owned by Victor Stationery (UK) Limited, (company number 3941136) with a registered office at Unit 1, Carryduff Business Park, Comber Road, Carryduff, Co Down, BT8 8AN.

You are registered with us as a business customer and these are the Terms and Conditions of sale (the “Terms”) that apply to transactions between you and us.

By purchasing any products from us (the “Product(s)”) and by using the Website or submitting orders in accordance with our terms and condition acknowledge that you have read and you agree to be bound by and comply with these Terms.

A working day is any day other than weekends and bank or other public holidays.

The Contract is the contract between us and the business customer for the sale by us and purchase by you of the Product(s) in accordance with these Conditions.

In these Terms, the following rules apply:

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

A reference to a party includes its personal representatives, successors or permitted assigns.

A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

A reference to writing or written includes faxes and e-mails.

You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Any representations about the Products shall have no effect unless expressly agreed in writing and signed by one of our authorised representatives.

Any samples, drawings, descriptive matter, or advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or any other contract between you and us for the sale of the Products.

Purchase of Products

The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been acknowledged and payment made).

You shall ensure that the terms of your order are complete and accurate.

If we agree to allow you to open a managed trade account (a “Credit Account”) with us you may checkout online with your order. You will then be sent an order acknowledgement containing details of your Order via email which you must check for any errors, this is your responsibility. If you discover any errors you must notify us within 1 working day of the date of the order acknowledgement otherwise we will not be able to make changes to the order details and we are not responsible or liable to you for such errors unless we have failed to correct them following notification from you received within the 1 working day time limit.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

Any order is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you as soon as possible. Either us or you may then cancel the part(s) of the order relating to the unavailable Product (including those Products which can be reasonably linked to the unavailable Product) or we will, where possible, give you the choice of purchasing an alternative from us (an “Alternative”). A full refund will be issued to you for all cancelled parts of your order after we have received from you or sent notification of cancellation of the order.

Delivery

The Products will be delivered to the address you give when you place your order however we reserve the right not to make deliveries outside the United Kingdom for credit accounts.

Risk in the Products passes to you when the Products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage to or loss of the Products after the risk passes.

It is your responsibility to check the Products upon delivery. If the Products do not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “unchecked”. Failure to do so may affect any warranty or other claims that you make thereafter.

If you fail to accept delivery of the Products and without prejudice to any other rights and remedies available to us, we may store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance) and after a period of 21 working days resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs (including, without limitation, insurance), account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.

The quantity of any consignment of Products as recorded by us upon despatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

We shall not be liable for any non-delivery of Products (even if caused by our negligence) unless you give written notice to us of the non-delivery within 2 working days of the date when the Products would in the ordinary course of events have been received.

Our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.

Title/Risk.

Title to the Products shall not pass to you until the later of the following:

we have received payment in full (cleared funds) for the Products and all other sums which are or which become due to us for sales of the Products or any other products to you; or

completion of delivery by our carrier.

Until title to the Products has passed to you, you shall:

hold the Products on a fiduciary basis as our bailee;

store the Products separately from all other goods held by you so that they remain readily identifiable as our property;

not remove, deface or obscure any identifying mark or packaging on or relating to the Products;

maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date the risk passes to you in accordance with condition.

give us such information relating to the Products as we may require from time to time, but you may resell or use the Products in the ordinary course of your business.

Defective Goods and Warranty

We are the manufacturer of the Products, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us in relation to the Products.

We warrant on delivery and for a period of 14 days from the date of delivery (warranty period), the Products shall:

conform in all material respects with their description;

be reasonably ft for purpose;

be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and

be reasonably fit for any particular purpose for which the Products are being bought if you have made known that purpose to us in writing and we have confirmed in writing that the Products are fit for use for that purpose.

Subject to:

you give notice in writing to us as soon as possible following (but in any event no later than 48 hours after) discovery that some or all of the Products do not comply with the warranty.

we are given a reasonable opportunity of examining such Products; and

you make available such Products for collection by us or our nominated representative or (if asked to do so by us) return such Products to our place of business at our cost using our nominated carrier,

we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.

the defect arises because of a failure to follow the oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice; or

the defect arises as a result of us following a specification supplied by you; or

you alter or repair such Products without our written consent; or

the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

You will not have any right to cancel a Contract for the supply of any of the following Products:

For the avoidance of doubt we have no liability in respect to any consequential losses

Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

You must check the Products on delivery and notify us promptly of any problems or issues and in any event within 7 working days of delivery by email, if you have a Credit Account.

Please note that any Products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned Products that are not found to be defective will be returned to you and we may charge you for the returned transport costs via your original payment method or hold the Products until full payment has been received by us for the return transport costs.

Any Products that you return to us are returned at your own risk, therefore you should take reasonable care that any Products to be returned are fully insured, correctly addressed and adequately packed and, if it is agreed by us that you are returning them yourself rather than using our returns collection service, carried by a reputable carrier.

For Products to be exchanged/replaced, any additional payments required will be taken from you using the same payment method as for the original purchase made by you. Replacement Products will not be despatched until such payment has been received.

Any refunds given under this Contract will only be made to the account(s) from which payment for the Products was received.

Where we agree to accept unwanted Products back from you we reserve the right to charge you a re-stocking fee of the higher of 20% of the Product sales price or the sum of £20 which you agree to pay upon re-stocking. Any such returned Products must be unopened and in a fully resalable condition and if they are not or you have not paid the restocking fee we may refuse to accept the Products back.

Credit Accounts Orders

You may apply to us online to set up a credit account which we may grant or refuse in our absolute discretion (“Credit Account”). When applying for a Credit Account you will be required to fill out a online credit application form, we will then review and come back to you within 5 working days. A credit check maybe performed. If you are a school we will require your full school (legal) name as well as a trust or governing body assisted with the school. We will also require the information of the department responsible for making payment.

If you have a Credit Account you will not have to pay the full sum upon ordering but may pay for any Products ordered by you within 30 days of Purchase. Payment details will be invoiced to you on the day of purchase.

If you do not pay on time we may (without prejudice to our other rights and remedies) suspend your account and/or withdraw the Credit Account in our absolute discretion at any time by email notification to you and also charge interest. We may exercise our statutory right of interest under the late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to our credit terms.

If you hold a Credit Account but choose to order directly from the website and to pay for your order upfront, the provisions of this condition shall not apply to that order.

Insolvency/Incapacity

If you become subject to any Insolvency/Incapacity or we reasonably believe that you are about to become subject to any ‘events’ of them and notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries under the Contract or under any other contract between us and you without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due.

For the purposes of condition, the relevant events are:

material breach by you of any of your obligations under this Contract; or

you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply; or

you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or makes a proposal for or enter into any compromise or arrangement with yours creditors; or

(being an individual) you are the subject of a bankruptcy petition or order; or

one or more of your creditors or encumbrancers attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days; or

(being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you; or

(being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver; or

a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; or

you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business; or

(being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patent under any mental health legislation.

Prices and Payment

The prices for the Products and delivery are as set out on the Website at the time of purchase. In addition to the price you may be required to pay a delivery charge for the Products details of which are displayed on our Website. Payment is due at the time of order unless you have a Credit Account.

If you fail to pay us any sum due pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

Payments in respect of a Credit Account may be made by BACS transfer.

Entire Agreement

These Terms represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms are reserved by us.

Force Majeure

We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms arising from any cause beyond our reasonable control including any of the following: act of God, earthquake, windstorm or other natural disaster, governmental act, war threat of or preparation for war, armed conflict, fire, food, adverse or extreme weather (including but not limited to heavy or persistent snow),explosion or civil commotion, terrorist attack, civil war, civil commotion or riots, epidemic or pandemic, failure in information technology or telecommunications services, failure of a third party (including failure to supply data), fuel shortage, interruption or failure of utility service, including but not limited to electric power, gas or water, any labour dispute, including but not limited to strikes (including without limitation fuel strikes), industrial action or lockouts.

Variation

We may vary these Terms in relation to future sales from time to time by publishing new Terms on the Website or by otherwise notifying you of our new Terms.

Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website or these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.