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trade terms & conditions

We take our commitment to the fairness and transparency of how we operate very seriously. Lanka Kade's trading terms and conditions exist to provide clarity and fairness in our trade with all of our customers. If you have any questions please do not hesitate to contact us on 01858 463850 or email accounts@lankakade.co.uk

1 Definitions
1.1

We / Us / Our - Lanka Kade (UK) Limited, Unit C, Riverside End, Market Harborough, LEI6 7PU.

1.2

You / Your / Yours - any customer buying or placing an order with us for our goods or who has a trading account with us.

1.3

Goods - any goods / materials or services ordered or purchased by you from us.

1.4

Terms and conditions - the terms set out in this document and referred to as T&C.

2 General provisions
2.1

In ordering goods from us, you agree to be bound by these T&C (or any that we may issue to replace them) and that they apply to all contracts for the sale and purchase of goods between us and you. By placing an order with us you are waiving any terms you may have to the extent that they are inconsistent with these T&C.

2.2

These T&C comprise the entirety of any contract for the sale of goods between us and you. No other terms or conditions endorsed upon, delivered with or contained within any other document including but not limited to your purchase order or order confirmation shall form part of, supersede or take precedence over any part of these T&C or deem these T&C or any part of them waived, invalid or void.

2.3

We may from time to time change these T&C. Any future change to these T&C will in no way act as a waiver of these T&C or render them either partially or wholly void.

2.4

In the event that any part of these terms is found to be void or unenforceable for any reason this will not effect all remaining terms and these will remain in full effect.

2.5

Any failure or delay on our part in enforcing or partially enforcing any provision of these T&C shall not be construed as a waiver of any of our rights under these T&C.

3 Trading accounts
3.1

All trading accounts opened between us and you are subject to approval by us at our sole discretion. We reserve the right to close a trading account at any time without notice and for any reason we see fit.

3.2

For the sake of clarity we confirm that any purchase or order from us made via a trading account or otherwise does not constitute a guarantee that any future order or purchase from us will be accepted.

3.3

We reserve the right to close your trading account if the total value of your orders with us for any one year is less than £500.

3.4

You must notify us of any transfer or change in ownership of your business, any significant changes to your mode of trading (including any change of location or business premises) and any change which may effect your ability to pay for goods supplied. Any such changes will result in a review of your trading account. In particular the existence of any new business owners, partners or stock holders may result in us setting up a new trade account based upon new and satisfactory trade references, credit references and trading terms.

4 Prices
4.1

All prices exclude carriage unless otherwise stated.

4.2

Taxes will be charged at the rate applying at the time of delivery.

4.3

We will endeavour to inform our trade customers by email in advance of any price increase, this may take the form of a newsletter. Our current prices will be listed on the Lanka Kade trade website.

5 Payment
5.1

Standard trading accounts with us will be opened on Proforma payment terms. We may provide you with credit terms on your second order, subject to the return of two satisfactory trade references.

5.2

All payments for standard credit accounts are due strictly 30 days from the invoice date. We must receive the invoice value in full and you will be responsible for any and all bank charges incurred.

5.3

If payment is not received within the agreed payment terms we reserve the right to charge you 2% interest per month on any sum overdue. In addition we may suspend or cancel any future deliveries, cancel any discount offered to you or close your trading account. We reserve the right to do this without notice.

5.4

We reserve the right to recoup from you any costs incurred by us as a result of any further action necessary to recover monies owed by you to us.

5.5

Your trading account with us will be in GB pound Sterling unless otherwise agreed in writing. Payments for a Euro or US Dollar account must be made by you via bank transfer to the relevant currency bank account. We will provide these bank account details to you in writing once your trading account has been approved.

5.6

If you are experiencing difficulties meeting agreed payment terms then you must contact us immediately to discuss options for repayment.

6 Resale of our goods
6.1

Goods are supplied to you under the strict condition that they are resold solely from the address or from the website registered with us in your trading account. We strictly prohibit the resale of our goods on the following websites: eBay, Amazon, Play.com and any similar websites. We reserve the right to close your trading account immediately and without notice if we reasonably believe that you are in violation of this term. In addition to the closure of your trading account a breach of this term will result in there being no further transactions being entered between you and us.

6.2

The resale of our goods at shows, fairs, trade events, markets or similar is strictly prohibited unless this has been agreed in writing with us. We reserve the right to close your trading account immediately and without notice if we reasonably believe that you are in violation of this term. In addition to the closure of your trading account a breach of this term will result in there being no further transactions being entered between you and us.

6.3

If our goods are resold you must check the goods for faults and re-package them prior to dispatch to your customer. We are not responsible for any damages howsoever caused which occur during transit between you and your customer.

7 Your website
7.1

All customer websites are subject to approval by us. We review customer websites regularly to ensure that they meet our satisfaction. Should your website fail to meet our satisfaction you will be served with a notice confirming this and setting out any amendments which must be made. You must make any duly notified amendments within seven working days. We reserve the right to close your trading account or withhold your orders if your website is or remains unsatisfactory in our absolute opinion.

7.2

The terms of the schedule below marked: 'Standards for online and website trading' below set out what your website needs in order to be deemed satisfactory under clause 7.1 above.

7.3

For the sake of clarity the terms of the schedule 'Standards for online and website trading' form part of this contract.

8 Intellectual property rights
8.1

You acknowledge that no copyright or any right of intellectual property subsisting or potentially subsisting in the goods is granted to you or is otherwise vested in you by virtue of your order or purchase of the goods or by having a trading account with us.

9 Delivery
9.1

We do not guarantee delivery dates, we can only provide an estimate. Time is not of the essence with respect to all deliveries made by us. Any delay in delivery by us shall not constitute a material breach of these T&C. We will not be liable to you for any damage or loss (including indirect or consequential loss) howsoever caused as a result of delivery taking place later than estimated.

9.2

Goods will only be delivered to an address that is registered to your trading account. Requests for delivery to any other address must be made by you in writing to accounts@lankakade.co.uk quoting the new address in full. You are also referred to clause 21.2 of the 'Standards for online and website trading' in this regard.

9.3

We reserve the right to pass on any charges incurred by us for failed deliveries to you when a delivery date and/or time has been agreed between you and us. Timed deliveries will be at your expense.

9.4

We may deliver your goods in instalments. Each instalment is treated as a separate contract.

9.5

We are not responsible for any loss of or damage to the goods after delivery has been made to you.

10 Cancellation
10.1

Orders must be cancelled prior to despatch either by email to orders@lankakade.co.uk, by letter to the above address, telephone or fax.

10.2

Once the goods have been despatched the full delivery and any return costs must be met by you. In addition we may charge you a 20% restocking fee.

10.3

All orders from you for bespoke goods which are made to your particular requirements must be cancelled prior to the commencement of production. You will be responsible for all costs incurred by us for any work carried out in relation to those goods prior to cancellation. We reserve the right to request payment in advance.

11 Claims
11.1

Notice of any claim made by you relating to the condition, quality or quantity of the goods supplied by us must be made within 5 working days of your receipt of the goods. Notification must be made in writing to accounts@lankakade.co.uk quoting the product code and invoice number, with accompanying photographic evidence. We are under no obligation to either provide credit for or replace goods in the event of a claim being made after this period.

11.2

We may at our discretion request the return of the goods for inspection. Any goods that are returned to us for inspection must be in the condition that was reported by you at the time of the claim. Goods that are returned and are damaged in transit due to insufficient packaging may not be credited by us.

11.3

If you receive consignments in an unsatisfactory condition then you must sign the carrier’s delivery note as such and retain the packing and contents for inspection. Failure to do this may result in us not issuing you with a credit note. In the event of a claim being made by you we reserve the right to issue a replacement product, replacement part or credit note.

11.4

In the event of a claim being made by you, we reserve the right to issue a replacement product, replacement part or credit note.

12 Returns
12.1

Goods correctly supplied by us may not be returned without our prior authorisation. Goods authorised for return must be delivered to us at your cost and be accompanied by full details stating the invoice number and reason for return. In such circumstances we reserve the right to impose a re-stocking charge of 20% of the goods invoice value.

12.2

Credit will only be issued for goods that are in their original packaging and that we deem to be in a resalable condition.

12.3

Any goods that have been supplied to your special requirements will not be accepted by us as a return under any circumstances.

13 Risk and retention of title
13.1

The goods shall be at your risk from the point of delivery. Delivery will take place either at our premises (if you are collecting or arranging carriage of the goods) or at your premises or address stated by you (if we are arranging carriage).

13.2

In spite of delivery having been made property in the goods shall not pass from us to you until:

13.2.1 You have paid the price plus any applicable taxes or charges pursuant to these T&C in full; and

13.2.2 No other sums whatsoever shall be due from the you to us.

13.3

Until property in the goods passes from us to you in accordance with clause 13.2 you shall hold the goods and each of them on a fiduciary basis as bailee for us. At no cost to us you shall store the goods separately from all other goods in your possession and mark them in such a way that they are clearly identified as our property.

13.4

Until such time as property in the goods passes from us to you, you shall upon request deliver the goods to us. If you fail to do so then you agree that we may enter upon any premises owned, occupied or controlled by you where the goods are situated and repossess the goods.

13.5

At your expense you shall insure against 'all risks' and keep insured the goods to their full value to our reasonable satisfaction until the date that property in the goods passes from us to you, and you shall whenever requested by us produce a copy of this policy of insurance. Without prejudice to any of our other rights, if you fail to do this then all sums whatever and howsoever owing by you to us shall forthwith become due and payable.

13.6

You must inform us in advance of any transfer or change in ownership of your business which has any effect upon the ownership of our goods held by you.

13.7

If you cease to trade then you must contact us immediately to discuss options for the return of our goods.

13.8

Despite our retention of title in our goods we have the right to bring legal proceedings to recover the price of goods supplied should you not pay us in accordance with these terms.

14 Miscellaneous
14.1

Where we supply display stands to you it is a term of their provision that they are used solely for the promotion of our goods. If our display stands are being used in a way which is not in accordance with this term or they are no longer required then they must be immediately returned to us at the above address at your expense.

14.2

English is the only language offered for the conclusion of this contract.

14.3

If you are a business customer then you are not a consumer. You will be classed as a business customer when ordering and purchasing goods from us through a registered trading account.

14.4

You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly, including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.

14.5

Our liability to you for any breach of these T&C is limited in damages to the price of the goods supplied.

14.6

If you are more than one person then each of you is liable for all of your obligations under these T&C.

14.7

No contract between you and us will create a right enforceable by any party not identified as the buyer or seller by virtue of the Contracts (Rights of Third Parties) Act 1999).

14.8

If we are unable to perform our obligations to you (or only able to perform them at unreasonable cost) because of circumstances beyond our control we may cancel or suspend any of our obligations to you without liability. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulties in obtaining supplies.

14.9

Brochures and catalogues and other promotional materials are to be treated as illustrative only. Their content forms no part of any contract between us and you and as such you should not rely upon them in entering into any contract with us.

14.10

Any notice from you or us which is to be served under these terms may be served by leaving it at or delivering it by first class post or by fax to the other parties registered office or principle place of business. All such notices must be signed.

15 Governing law and jurisdiction
15.1

Any contract between us and you shall be governed by the laws of England and Wales.

15.2

Any dispute between us and you shall be resolved exclusively by English courts.

Standards for online and website trading

16 Quality
16.1

Your website must be considered by us to be of a good standard. This includes but is not limited to there being quick loading times, clear navigational tools and structured formatting of text and images.

16.2

We must be satisfied that your website offers an enjoyable, informed, efficient and secure shopping experience that duly represents the integrity and consumer confidence vested within us and our goods.

16.3

All images of our goods must be considered by us to be of a good standard and be truly representational of the goods in question. Images must not appear stretched, blurred or otherwise disfigured.

16.4

All text throughout your website must be grammatically correct and considered by us to be accurate, honest and comply with current toy safety legislation.

17 Usability
17.1

Your website must be considered by us to be user friendly. This includes but is not limited to the ease of navigation, product search, and customer assistance.

17.2

Your website must be regarded by us as being able to offer a confident, efficient and secure shopping experience.

18 Identity, product range and third party links
18.1

Your website must be considered by us to have a unique identity that is compatible with a toy/gift product range and which presents us and our goods in a professional and truthful manner.

18.2

Your website must have what is regarded by us to be a prominent toy and/or gift based product range and/or theme that is deemed by us to be compatible with us and our products.

18.3

Any use of third party links and adverts on your website must be considered by us to be compatible with the brand image and quality expected of Lanka Kade.

19 Limited authority
19.1

Your authority to sell our goods online is limited exclusively to your own independent website or web shop. Web shops created on eBay, Amazon, Play.com, Facebook, or similar are not considered by us to be independent web shops. We reserve the right to withhold deliveries and may close your trading if we reasonably believe that you are in violation of this term.

20 Sale listings
20.1

All of our goods listed for sale on your website must be identified as Lanka Kade goods in the title and/or description.

20.2

You must display all of our goods using an official Lanka Kade image or image considered by us to be of a similar quality. Image requests in this context must be made in writing to orders@lankakade.co.uk. We will strive to respond to all such requests within 72 hours.

20.3

You will accurately list the details of our goods in full and to our satisfaction. This includes but is not limited to an accurate and detailed description of our goods, materials, dimensions and toy safety information. These details can be found in our current catalogue and online at www.lankakade.co.uk.

20.4

You are only authorised to list goods that you have purchased from us.

21 Availability
21.1

You will not make what is considered by us to be incorrect or misleading claims about the availability of our goods. You must remove from your website any goods that are listed as out of stock for a period exceeding 4 weeks.

21.2

If you choose to use our drop ship service for certain products you must either reserve products for dispatch or regularly check our stock availability. We do not make promises to meet your delivery claims made on your website or to your customers.

22 Price
22.1

We will not allow you to make any price or discount claims about our products that are considered by us to be incorrect and/or misleading.

23 Toy safety
23.1

All of our goods are regularly tested to meet the EN71 European Toy Safety standard. You must list the correct toy safety information in full for each of our goods. This includes but is not limited to 'not suitable for' ages, recommended ages, hazard warnings and a CE mark as appropriate. Toy safety information can be found in our current catalogue and online at www.lankakade.co.uk.

23.2

You will remain duly diligent in ensuring that all toy safety information displayed is current and accurate.

24 Buyer information
24.1

You will clearly display on your website to our satisfaction your company details and contact information. This includes but is not limited to your full company name, your company registration number for a limited company, your VAT number if relevant, and your business address, landline telephone number and email contact facility.

24.2

Your website must in our opinion provide transparent and accessible return and refund information that is considered by us to clearly explain your policies and procedures for dealing with complaints, damages and returns.

25 Security and privacy
25.1

You will process all payments and hold all customer data in alignment with the rules and regulations outlined in the Data Protection Act (1998) and in compliance with the Payment Card Industry Data Security Standard (PCID55).

25.2

You will clearly display for the benefit of the visitor recognised and active security features for secure payment processing.

25.3

You will permanently display your Data Protection Policy in full on your website for access by all visitors. You will remain duly diligent in ensuring that this policy remains fully compliant with the Data Protection Act (1998).

26 Accreditation
26.1

We are a member of The British Association for Fair Trade Shops and Suppliers (BAFTS) and are recognised as a BAFTS fair trade supplier.

26.2

The BAFTS logo may only be used to promote BAFTS as an organisation and may not be used to identify or promote goods supplied by us. You can, on a separate page, list your suppliers or explain the different fair trade logos and associations from whom you select your products. Whilst we remain a member of BAFTS you may quote the following in this connection: "BAFTS - The British Association for Fair Trade Shops and Suppliers (For further information go towww.bafts.org.uk). Lanka Kade (UK) Limited is a member of BAFTS and is recognised as a BAFTS Fair Trade importer."

26.3

You must remain duly diligent when making or repeating any 'fair trade', 'eco-friendly' or 'sustainable' claims and you must ensure to our satisfaction the correct usage of logos and the validity of any claims to membership of and/or authentication by such organizations as BAFTS, WFTO, Fairtrade and similar.

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