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Consumer terms and conditions of sale for Invisible Creations® Limited.

These terms only apply if you are a consumer, for this purpose a ‘consumer’ means any natural person acting for purposes wholly or mainly outside his trade, business or profession.

 

These General Terms and Conditions of Sale apply to any order you place through www.invisiblecreations.co.uk as a consumer.

 

If you are placing an order on behalf of an organisation or in a business capacity the following terms and conditions do not apply. Our Trade terms and conditions will apply and these can be below the consumer terms and conditions.

 

Please read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you are confirming that you have read, understood and agree to all of these General Terms and Conditions of Sale.

 

If you do not agree to all of these General Terms and Conditions of Sale, you must not order any of the products through the Website.

If you have any questions on our terms and conditions as set out below please contact hello@invisiblecreations.co.uk (weekdays 9am-5pm).

 

Placing an Order

When you want to place an order with us you can order as a “visitor” by using our on-line checkout process. Please see our Privacy and Cookie Policy for more information on how any personal information you provide will be used.

 

Acceptance of your order

Please be aware completing the online checkout process does not mean we have accepted your offer to purchase products from us. We accept your order only when we despatch the product(s) that you have ordered from us.

We will notify you by email to acknowledge that we have received and are processing your order.

 

Prices

Prices shown on the website are for delivery only to specified UK destinations. We reserve the right to change prices without prior notice at any time. The Prices charged will be those in force at the date of the Customer’s order.

 

Value Added Tax

VAT will be charged at the prevailing rate on all applicable products. Our website prices are shown as both excluding VAT (where applicable) and including VAT.

Members of the public with chronic illness or disability may be subject to VAT exemption. Exemption claims can be declared on the shopping basket and check out page of our website or in writing if you are placing your order via post. We are unable to process Claims for VAT exemption over the telephone. If the required VAT exemption declaration is not received at time of ordering, VAT cannot be credited at a later date

 

Payment

During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All compulsory fields must be completed. Card payments are subject to authorisation by your card issuer. Payment must be made at time of ordering by credit/debit card or PayPal.

 

Delivery

Goods displayed on this website are offered subject to availability.

Delivery will be to the UK address detailed in your order. If no one is available at a residential address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.

Unless otherwise stated, Oversize items will be delivered to a ground floor location and will not be move to the location or installed in situ.

For orders placed with a value below £50 excluding VAT, we make a Standard Delivery Cost of £4.99 for each order (but see note below).

Please note: Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain are not covered by our Standard Delivery Cost. The additional delivery charge will be calculated during checkout based on the delivery postcode provided.

Urgent Next Day Delivery orders can be arranged for an additional carriage cost. For details contact us at hello@invisiblecreations.co.uk

Under normal circumstances all goods on your order will be despatched within 2 working days. If an item is out of stock we will advise you by email or phone and endeavour to supply the item as soon as possible. We may ask you to re-order. If you have any enquiries on the above please contact our Sales Team Email hello@invisiblecreations.co.uk

All risk in the products you order (including the risk of loss and/or damage to the products) will pass to you when they are delivered to the delivery address specified in your order.

 

Notice of Damage, Defect, Non-Delivery, or Incorrect Delivery

You should check all products you receive against your order. If the products received are damaged or incorrectly supplied on delivery then you must inform us (by phone or email) within 7 days of your delivery, or within 30 days if the goods are faulty – you should quote your customer number and the delivery note number. Email hello@invisiblecreations.co.uk (Weekdays: 9am to 5pm). Please do not dispose of any products as we reserve the right to inspect any product reported as faulty before refund or replacement.

 

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (“CCR”) you have a right to cancel all or part of your contract at any time up to 14 days after the day on which you receive the goods, without giving any reason.

To exercise the right to cancel you must inform us, within the cancellation period, of your decision to cancel this contract by E-mail to hello@invisiblecreations.co.uk or by writing to:

For us to consider the return of goods in these circumstances, they must be in re-saleable condition and packaged in their original packaging.

In the event of a cancellation, you will have to bear the direct cost of returning the goods. You can choose to return the goods yourself (after advising cancellation) or arrange for Invisible Creations ® to collect the goods (should arrange this when advising cancellation).

For parcels collected by Invisible Creations ® for return; the cost of returning the item will typically be £8 + VAT per carton. Goods should be returned complete and in original product packaging.

 

If you choose to return any products to us, you must do so within 14 days of notifying Invisible Creations® of cancellation. We will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service (i.e. tracked and insured). If products returned directly by you are lost or damaged in transit, we reserve the right not to refund any amounts attributable to such loss or damage. If you are returning items we must be notified before return. The address of our distribution centre for returns is:

Invisible Creations

PROCare Shower & Bathroom Centre Ltd

Units 4-6 The Gateway

Enfield Street

Wigan

WN5 8DB

 

On receipt of returned goods, Invisible Creations® will reimburse you within 14 days. Any paid delivery charge will be included in your refund. Please note the delivery charge refund will be to the value of Standard Delivery Cost (any additional delivery costs paid for e.g. urgent delivery will not be refunded). You must take reasonable care of the goods while in your possession and we reserve the right to reduce the value of the refund if returned goods show evidence of use beyond the handling necessary to see whether the goods are as expected.

Any refunds given by us will be made to the debit/credit card account (as applicable) provided when you placed your order. We may need to contact you for your credit card details in order to make the refund.

Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can arrange for us to collect the goods (or return the goods to us).

These notes are not intended to be a full statement of all your rights under the CCR. You can access full details of your rights under the CCR in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

 

Product descriptions

We have used reasonable precautions to try to ensure that prices quoted on the Website are correct and that all of our products have been fairly described. However, when you order products through the Website, please note that:

  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website
  • all prices are displayed in pounds Sterling
  • packaging may vary from that shown on the Website
  • where relevant we try to display the colours of our products accurately on the Website, however the actual colours you see will depend on your display monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery
  • all measurements and dimensions given are for guidance purposes
  • all items are subject to availability. We will let you know as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s)) of equal or higher quality and value. Any alternative products supplied will be covered by the same Right to Cancel as above.

Product Guarantees

A standard 24 month guarantee (from the date products are delivered) applies to all products with the exception of consumables, disposable items and limited life products.

Any products we supply to you will be of satisfactory quality when delivered and when used for purposes for which the goods of that type are ordinarily used (this will be outlined in the User Instructions where supplied). The company will not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence or use other than that intended.

If any goods do not conform to that warranty and where we are notified within 24 months of the delivery date, we will, at our option, either replace goods found not to conform to the warranty, or bring goods into merchantable quality, or take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price. We reserve the right to inspect the product before refund or replacement. Therefore we ask that you do not dispose of products.

If the product becomes faulty in the first 30 days you can (as specified by the Consumer Rights Act 2015) reject the item for a refund rather than receive a replacement or repair. We reserve the right to inspect the product before refund or replacement.

Any Goods will only be collected from the delivery address.

You do have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect those legal rights and, in particular, we will perform our obligations under these General Terms and Conditions using reasonable care and skill.

 

Complaints

Should a customer wish to formally complain, they should write to the Customer Service Manager by E-mail to hello@invisiblecreations.co.uk or by post to:

Invisible Creations

Johnnie Johnson Housing Trust

Eden Point, Three Acres Lane

Cheadle Hulme

Cheadle

SK8 6RL

The complaint will be promptly acknowledged and should the complaint not be resolved within five working days the company will provide regular feedback until full resolution.

 

Liability

There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product information provided). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

 

Assignment, waiver and third-party rights

We may update or change these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Updates or amendments will be posted on the Website.

You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do this within the United Kingdom.

Invisible Creations® is the trading name of Invisible Creations Limited with company number 11945108 ,whose registered address is Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL.

 

Standard Trade terms and conditions of sale for Invisible Creations® Limited.

These terms do not apply if you are a consumer, for this purpose a ‘consumer’ means any natural person acting for purposes wholly or mainly outside his trade, business or profession.

 

The Trade terms and conditions of sale below apply to Invisible Creations® Limited a company incorporated and registered in England and Wales with company number 11945108 and whose registered office is at Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL referred to in this agreement as Invisible Creations®.

 

Health and safety information about the use of the goods is provided and it is your responsibility to bring this to the attention of the user of the goods.

 

Please read these General Terms and Conditions of Sale carefully. By placing an order you are confirming that you have read, understood and agree to all of these Terms and Conditions of Sale.

If you do not agree to all of these Terms and Conditions of Sale, you must not order any of the products.

If you have any questions on our terms and conditions as set out below please contact hello@invisiblecreations.co.uk (Weekdays: 9am to 5pm)

 

Definitions

In these Sale Terms:

“we” and “us” means Invisible Creations® Limited, its employees and agents and “our” shall be construed accordingly; “you” means the person, firm or company, seeking to purchase goods from us and “your” shall be construed accordingly; “the goods” means the goods and/or services to be supplied by us;
“the terms” means these terms and any special terms agreed in writing between you and us;

 

“the contract” means the contract for the supply of goods incorporating these terms;
“Administrative Partner(s)” means PROCare Shower and Bathroom Centre Limited a company incorporated and registered in England and Wales with company number 04300621 and whose registered office is at The Gateway, Enfield Industrial Estate, Enfield Street, Wigan, Lancashire WN5 8DB (ProCare) and any such other Partner as we may engage from time to time.

 

These terms

These terms and conditions apply to all trading between us and you to the exclusion of all other terms (including any which you purport to apply) unless expressly agreed in writing in advance between us.

 

The contract

All orders are accepted by us only under these Terms and they may not be altered without our written agreement. Any contrary or additional terms unless so agreed are excluded.

Each order or acceptance of a quotation for Goods by you shall be deemed to be an offer by you to buy Goods subject to these Terms. No order or acceptance of a quotation by you shall be deemed to be accepted by us until we confirm and process your order. We shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).

 

Quotations shall lapse 45 days from issue.

 

You shall be responsible to us for ensuring the accuracy of the terms of any order and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its Terms.

 

We shall not be liable in respect of any misrepresentation made by us to you as to the condition of the Goods their fitness for any purpose or as to quantity or measurements unless the representation is: made or confirmed in writing by us; and/or fraudulent.

 

Without prejudice to the aforementioned misrepresentation of the condition or fitness for purpose of the Goods, while we take every precaution in the preparation of our brochures, technical circulars, price lists, website and other literature, these documents are intended for your general guidance only and statements made therein (in the absence of fraud on our part) shall not constitute representations by us and we shall not be bound by them.

 

If you require advice in relation to the Goods please make a specific request for advice. Only advice given in writing in response to such a request shall amount to a representation.

 

Cancellation of the whole or any part of any order is permitted only agreed by us in writing. In the event of such agreed cancellation you shall indemnify us against all expenses incurred as a result of such cancellation. In any case in which we are required to place a deposit with a manufacturer or supplier in respect of your order then we may require you to reimburse us with this amount in the event of your cancellation of the order any part thereof.

 

Installation

We recommend that all Invisible Creations® Goods are installed by a competent installer and using methods of attachment to surfaces that are appropriate to the construction materials and condition of the surface.

 

Invisible Creations® and our administrative partner(s) cannot be responsible for problems occurring because of fixing by any means or methods. Instructions for use and a full specification of all Invisible Creations® Goods are available within the latest technical literature which is available on request.

 

This document is confidential and contains proprietary information and intellectual property of Invisible Creations® Registered Office: Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL. Registered Number: 11945108 VAT registration number is 343 3498 92.

 

Price

The price of the Goods shall be as published in our price list current at the date of delivery of the Goods. The price is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice.

 

Contract price quotes are applicable to the quantity, specification, delivery dates and information provided by you.

 

Payment

The process of administering orders, collecting Payment for Goods and the arrangement of any credit terms is undertaken by ourselves.

 

Payment for Goods supplied on a credit account shall be due not later than the 30th day following the date of invoice. If you default on payment the entire balance of the account shall be payable immediately and we may charge interest, together with costs and expenses.

 

For non-credit account purchases, payment shall be with the order or, at our discretion, on delivery or deemed delivery.
Time for payment shall be of the essence of the Contract. You shall make all payments in pounds sterling and in full without any deduction.

 

We reserve the right to refuse to execute any order or contract or dispatch relevant products if the arrangements for payment are or your credit is not satisfactory to us and in our sole discretion we may require payment for each consignment when it is available and before it is despatched in which case delivery will not be made until we are in receipt of cleared funds.

 

You may not withhold payment of any invoice or another amount due to us by reason of any right or set off or counterclaim which you may have or allege to have for any reason whatever.

 

We shall be entitled at all times to set off any debt or claim of whatever nature which we may have against you against any sums due from us to you.

When there is a query/dispute on an invoice, such as query/dispute must be notified to us, in writing before the date on which payment becomes due.

If you or your consignee breakbulk on delivery or unload the whole or part of a consignment of Goods then you are deemed to have accepted delivery.

 

Delivery

Delivery of the Goods will be undertaken on our behalf by our Administrative Partner(s) and or a carrier approved by our Administrative Partner(s).

 

Our liability for delivery ends when unloaded from our or our Administrative Partner(s) (or approved carrier’s) vehicle or at the premises of our suppliers when the Goods are delivered direct from suppliers to you or where Goods are delivered by an independent carrier by delivery to that carrier.

 

Delivery dates are given in good faith but are estimates only and should not be relied on in relation to your commitments to third parties. Unless otherwise agreed in writing time for delivery shall not be of the essence of the Contract.

As delivery dates are estimates only, we cannot accept liability for any loss damages costs or expenses of any kind whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from actual delivery dates being different.

 

We are not responsible for delays outside our control. If delivery of the Goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

If we fail to deliver the Goods our entire liability shall be limited to the excess (if any) over the price of the Goods, of the cost to you (purchasing in the cheapest market reasonably available to you) of similar Goods to replace those not delivered.

 

If you fail to take or make arrangements to accept delivery or collect the Goods or if we are unable to deliver because of in adequate access or instructions delivery shall be deemed to have taken place and we may do any one or more of the following (without prejudice to any other right or remedy we may have):

  • Make additional charges for failed delivery
  • Invoice you for the Goods
  • Terminate this Contract without liability on our part

 

Recover from you all costs and losses incurred by us unless otherwise stated all quotations and estimates assume delivery in volume rates.
We reserve the right to levy additional charges for deliveries by instalments where requested by you.
We reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment.

 

Any claim you may have in respect of one instalment shall not affect your liability in respect on any other instalment.
This document is confidential and contains proprietary information and intellectual property of Invisible Creations® Registered Office: Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL Registered Number: 11945108 VAT registration number is 343 3498 92.

 

 

Price

The price agreed for deliveries where applicable includes the cost of delivery on weekdays during normal working hours. An additional charge will be made if we agree to your request to deliver outside normal working hours, Saturdays, Sundays and/or Bank Holidays.

 

We shall deliver the Goods as near as possible to the delivery address as a safe hard permits.
 If a vehicle delivers or collects Goods to or from a place off the public road you shall be solely responsible for any accident or damage resulting.

 

You shall provide free of charge any labour or machinery necessary for unloading the Goods when delivered and our Administrative Partner or approved contractor’s driver’s responsibility is limited to handling Goods off the vehicle.

 

If our Administrative Partners or approved carrier’s vehicle is kept on site for an unreasonable time or has to return to the depot without completing delivery through lack of assistance or is additional staff have to accompany our driver, an appropriate additional charge may be made.

 

If you do not accept delivery of Goods ordered for any reason costs incurred may be charged. We reserve the right to refuse to deliver the Goods to premises which the driver considers to be unsuitable.

 

If Goods are to be deposited other than on your private premises you shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection at all times of persons or property and will indemnify us in respect of all losses damages and costs and expenses we may incur as a result of such delivery whether on the public highway or elsewhere.

 

You will indemnify us in respect of all losses damages costs and expenses incurred as a result of delivery in accordance with your instructions. This indemnity will be reduced in proportion to the extent that such losses damages costs or expenses are due to our negligence.

 

In the event that we are unable to supply the Goods to you for whatever reason, we shall contact you before 12.00 noon of the next working day to arrange an alternative product or a rescheduled delivery.

 

In the event we are unable to supply the Goods to you for whatever reason, we will contact you before 12.00 noon of the next Working Day to the placement of the order to arrange for an alternative product or to reschedule a delivery

 

Whilst we try to maintain continuity of supply in relation to our product lines, we reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future.

 

In the case of certain products, variations may arise in the finish of those products where they originate from different factory batches. We shall not be liable for any loss caused by such variation where Goods bought for a specific job or purpose are not purchased at the same time.

 

Inspection/ownership/risk

You shall inspect the Goods at the place and time of unloading but nothing in these Terms shall require you to break packaging and/or unpack Goods which are intended to be stored before use.

You must give us through our Administrative Partners, written notice within 48 hours of unloading of any claim for short delivery.

If you do not give us that notice within that time the Goods will be deemed to have been delivered in the quantities shown in the delivery documents.

You shall not be entitled and irrevocably and unconditionally waive any right to reject the Goods or claim any damages whatsoever for short delivery however caused.

Our liability for short delivery is limited to making good the shortage.

 

Defective/faulty goods

The risk in Goods shall pass to you upon delivery of the Goods or upon the Goods being appropriated to you but kept at the premises of our Administrative Partners at your request.

 

We remain the owner of the Goods affected by the Contract until we have been paid in full for such Goods.

 

You shall inspect the Goods immediately upon receipt and shall notify us through our Administrative Partner within 48 Hours of delivery if the Goods are damaged or do not comply with any of the Contract. If you fail to do this, you are deemed to have accepted the goods.

 

Any Goods in respect of which any claim of defect or damage is made shall be preserved by you intact together with the original packing at your risk and either:

 

retained by you for a reasonable period to enable us, our Administrative Partner or our agent to inspect or Collect the Goods or 
at our option returned by you to our Administrative Partner who will on our behalf refund the cost of postage and packing to you if Goods are in fact defective.

 

This document is confidential and contains proprietary information and intellectual property of Invisible Creations® Registered Office: Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL Registered Number: 11945108 VAT registration number is 343 3498 92.

 

Returns/cancellations

All returns requests must be agreed in writing through our Administrative Partner before we can process the returns request. If it is agreed that the Goods are to be returned:

 

A Goods Return number must be obtained from us through our Administrative Partner and must be clearly shown on the returned parcels.

 

You will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of us, been caused by the Goods being inadequately packaged by you or through your fault

 

We reserve the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned by mutual consent then the restocking charge will not apply.

If you are a consumer you have the right, in addition to your other rights, to cancel your contract with Invisible Creations® and receive a refund.

 

You must contact us or our Administrative Partner and inform us in writing of your desire to cancel your contract within 7 Working Days of receipt of the relevant Good(s). You must return the Goods to us through our Administrative Partner at your cost and we advise you to ensure the Goods are adequately insured during any return journey. For the avoidance of doubt, we will not accept the return of any goods supplied under a Special Order.

 

Title and risk the property in Goods sold by us to you shall remain vested in us until all sums owed by you to use on whatsoever grounds shall have been paid. Risk in the Goods shall pass to you when the Goods are delivered. You shall store Goods sold by us to you in such a way that they are readily capable of being identified as our property. Our labels and markings shall not be removed, obscured or defaced before title shall have passed to you upon payment in full.
You shall maintain and safely store the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

 

You shall notify us immediately if you become subject to any of the events listed in clause 13.
You grant us or our Administrative Partner a licence to enter at all times, with transport, any premises in your occupation or to which you have access and where the Goods to which title has not passed to you from us may then be situated.
 We, or our Administrative Partner shall have the right to check that the Goods are appropriately stored and labelled and to repossess any Goods sold by you which have not been paid for.
We may require you to deliver up all Goods in your possession which have not been resold, or irrevocably incorporated into another product. You shall not deal with the Goods in any way other than in the normal course of your business.

 

Until such time as payment in full has been made of all sums payable in respect of Goods, you shall not be entitled to sell or otherwise deal in or transfer the property in the Goods (whether or not they have been attached to other products) except on the condition that as between you and us, you shall be deemed to be acting as our fiduciary agent. However, nothing herein contained shall be construed so as to create any privacy of contract between us and any person other than you.
In the event of any sale or disposal of any of the Goods to a third party whether or not they have been attached to other products:

 

You shall, if we so require, assign to us any right of action against the third party in respect of money due for such Goods;

 

If you receive money for such Goods you shall act as our fiduciary agent and shall hold such monies in a separate account to identify the same as being our property;

We shall account for any monies received that exceed the sum due from you to us in respect of Goods sold;

 

Where the Goods have been sold together with any products to which they have become attached, the price payable by the third party shall be deemed to include a price in respect of the Goods equal to the price payable by you to us.

 

In the event that we repossess Goods we shall be absolutely entitled to resell the same or use them in our business as we may think fit. If we resell the same, we shall be absolutely entitled to the proceeds of resale.

 

If we repossess Goods then your liability in respect of transport, storage or handling charges or in respect of damages of any kind. All Goods sold are at your sole risk after their delivery or collection. However, if we repossess Goods, risk shall pass to us on delivery to the premises of our Administrative Partner or upon your collection of the Goods.

 

Responsibilities

Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation. In this clause “Defect” shall mean the condition and/or any attribute of the Goods and/or any condition or other circumstances which but for the effect of these Terms would have entitled you to damages. This document is confidential and contains proprietary information and intellectual property of Invisible Creations® Registered Office: Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL Registered Number: 11945108 VAT registration number is 343 3498 92.

 

Subject to the provisions of the clauses above, we shall not be liable by reason of any misrepresentations (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any loss damages costs or expenses of any kind whatsoever.

 

Instead of liability in damages, we undertake liability under the Clause below.

 

Where but for the effect of the above Clause of these Terms you would have been entitled to damages against us we shall not be liable to pay damages but subject to the conditions set out in the Clause below shall in our sole discretion either repair the Goods at our own expense or supply replacement Goods free of charge or refund all (or where appropriate part) of the price paid for the relevant Goods.

 

We will not be liable to you under these Terms:

 

If the Defect would have been apparent on a reasonable inspection under Section 8. of these Terms at the time of unloading.

 

Unless the Defect is discovered within 6 months from the date of delivery and we are given written notice through our Administrative Partner of the Defect within 2 Working Days of it being discovered;

 

If the Defect arises from fair wear and tear;

 

If the Defect arises from your wilful damage negligence abnormal working conditions misuse of alteration or repair of the Goods failure to follow British Standard or EN Standard or industry instructions relevant to the Goods or storage of the Goods in unsuitable conditions; or unless after discovery of the Defect we or our Administrative Partners are given a reasonable opportunity to inspect the Goods before they are used or in any way interfered with. We acknowledge that the costs of suspending works are relevant to the determination of what is a reasonable opportunity and this sub-clause shall not apply to any works affecting the Goods which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures.

 

If the Goods are not manufactured by us or have been processed by a third party whether or not at our or your request our liability in respect of any defect in workmanship or materials of the Goods will be limited to such rights against the manufacturer or third party as we may have in respect of the Goods.

 

We will on written request provide details of our rights against the manufacturer or third party and any other terms and conditions imposed by the manufacturer or third party and so far as possible will on request assign o you any such rights.

 

Non-payment/insolvency“Insolvent” means you becoming unable to pay your debts within the meaning of Section 123 (Company) or Section 268 (Individual) of the Insolvency Act 1986; the levying or the threat of execution of distress or any of your property; notice of intention to appoint or the appointment of the receiver or administrator over all or any part of your property; a proposal for a voluntary arrangement or compromise between you and your creditors whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding-up or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction; the presentation of a petition for your winding-up (Company) or bankruptcy (Individual) or for an administration order in relation to you; if you suffer any analogues step or proceedings under foreign law or you ceasing to pay your debts in the ordinary course of business or ceasing or threatening to cease to carry on your business.

 

If you fail to pay any invoice or any sum due to us under any contract on the due date or you become Insolvent or if there is a material change in your constitution or you commit a material breach of this Contract (and, if remediable, you fail to remedy that breach within 7 days of notice to do so) all sums outstanding between you and us shall become immediately due and payable and we shall be entitled to do any one or more of the following (without prejudice to any other right or remedy we may have):

 

require payment in cleared funds in advance of further deliveries;

 

claim interest and compensation on the sums outstanding pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 from thedue date until payment is received after as well as before judgment:

 

cancel or suspend any further deliveries to you under this or any other contract without liability on our part;

 

without prejudice to the generality of Clause 10 of these Terms exercise any of our rights pursuant to that clause; and/or

 

terminate this or any other contract with you without liability on our part. You shall reimburse our costs including legal costs on an indemnity basis which we incur in enforcing these Terms including but not limited to recovery of any sums due. Such sums shall be in addition to statutory compensation payable. Data protection if you are an individual or a group of individuals, you agree that we and/or through our Administrative Partner acting in the capacity of Data Processor may:

 

  • Seek, hold and process any information obtained about you as a result of applications you have made to us for credit and/or in connection with this or any other contractor agreement you may have with us.
  • Use this information for credit assessment purposes and to administer and operate the credit account granted to you and to monitor and analyse the conduct of that credit account and to assess your credit limit. We will not disclose any information we hold about you except to licensed credit reference agencies, other suppliers and creditors to help us and others make credit decisions, to help prevent or detect fraud or other crimes and to trace debtors, on a confidential basis to our agents, and sub-contractors, to insurance companies for the purposes connected with insurance products that relate or might relate to your credit account, to any person to whom we propose to transfer our rights and/or responsibilities under this Contract and to the extent we are required or permitted to do so by law.
  • Bribery/Legislation
    You agree that you will not, in connection with the Goods or services to be supplied under this contract, bribe or attempt to bribe us, our Administrative Partner or any of our employees, agents of affiliates nor engage in any activity which is a violation of any applicable bribery or anti-money laundering laws.This document is confidential and contains proprietary information and intellectual property of Invisible Creations® Registered Office: Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL Registered Number: 11945108 VAT registration number is 343 3498 92.

We may terminate the contract in the event of your breach of this clause. You shall indemnify us against all liabilities, costs, expenses, damages, claims, demands and losses suffered or incurred by us arising out of or in connection with any breach of this clause, whether or not the contract has been terminated.

 

Product Guarantees

A standard 24-month guarantee (from the date products are delivered) applies to all products with the exception of consumables, disposable items and limited life products.

Any products we supply to you will be of satisfactory quality when delivered and when used for purposes for which the goods of that type are ordinarily used (this will be outlined in the User Instructions where supplied). The company will not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence or use other than that intended.

If any goods do not conform to that warranty and where we are notified within 24 months of the delivery date, we will, at our option, either replace goods found not to conform to the warranty, or bring goods into merchantable quality, or take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price. We reserve the right to inspect the product before refund or replacement. Therefore we ask that you do not dispose of products.

 

Export/Overseas contracts (if applicable)

In relation to Goods sold outside the UK, the Channel Islands and the Isle of Man, risk in the Goods shall pass to you when they leave our Administrative Partner’s premises. Shipping and insurance shall be payable by you but will be managed by us through our Administrative Partner unless otherwise agreed. You are responsible at your own expense for obtaining any license and complying with any export or import regulations in force with the UK and any country for which the Goods are destined. Separate conditions and prices apply to all export orders and contracts.

 

Waste

You will be responsible for the disposal of any waste arising from the Goods and will comply with all applicable laws, regulations and waste management licenses relating to such waste, including the appropriate disposal by you of any Goods marked with a crossed-out wheelie bin symbol. You will indemnify us against all costs, liabilities and expenses arising from any breach by you of this provision.

 

Matters beyond our control

We shall not be liable for any breach of contract delay or failure to perform any of our obligations if the breach delay or failure was due to any cause beyond our reasonable control, including industrial action.
In particular, we may defer the date of delivery, cancel the contract or reduce the volume of the Goods and/or services ordered by you (without liability to you) if we are unable to deliver of supply due to any cause beyond our reasonable control (including the acts or omissions of our suppliers and subcontractors).

 

Other important terms

This contract shall be governed and interpreted exclusively according to the Law of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.

 

The Waiver by us of any breach or default of these Terms shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision.

 

If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.

 

Any reference in these Terms to any Statute, Statutory Provision or Regulation includes a reference to that Statue, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.

 

The headings of these Terms are for convenience only and shall not affect their interpretation.
Termination of this Contract shall not affect rights and obligations which have already accrued at the time of termination.
Nothing in these terms or the Contract is intended to or will create any benefit for or right to enforce any of the terms of the Contract to any third party.

 

This Contract contains the whole agreement between you and us in respect of the supply of Goods to you and supersedes any prior written or oral agreement between you and us relating to it and you confirm that you have not entered into this Contract on the basis of any representations that are not expressly incorporated in this contract.

 

Separate conditions and prices apply to all export orders and contracts
Nothing in this Contract purports to exclude liability for any fraudulent statement or act. (02/04/2020).

 

This information is confidential and contains proprietary information and intellectual property of Invisible Creations® Registered Office: Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL. Registered Number: 11945108 VAT registration number is 343 3498 92.

Assignment, waiver and third-party rights

We may update or change these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Updates or amendments will be posted on the Website.

You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do this within the United Kingdom.

Invisible Creations® is the trading name of Invisible Creations Limited with company number 11945108 ,whose registered address is Eden Point, Three Acres Lane, Cheadle Hulme, Cheadle, Cheshire, SK8 6RL.