Terms and conditions
1.1 These general conditions apply to all offers of Impulse fashion accessories, with its registered office in Birmingham, England, registered in the Trade register under number 6457764 , operating under the name Impulse fashion accessories referred to below as Impulse Fashion Accessories and to all legal relationships between Impulse Fashion Accessories and the buyer/principal referred to below as the 'buyer'.
1.2 Amendments to these general conditions or deviations from specific parts of the agreement will be bonding on Impulse Fashion Accessories only if it has confirmed those amendments or deviations in writing, in which case the other provisions of these general conditions will remain in full force.
1.3 In the event of any contradiction between the wording of the website, advertisements or other general advertising of Impulse Fashion Accessories and these general conditions, the latter will take precedence.
1.4 The applicability of any purchase or other conditions of the buyer as well as any other general conditions that are usual within the sector is expressly excluded.
1.5 If 'Buyer' refers to more than one legal entity or natural person or businesses, they will be obliged jointly and severally, to perform all obligations arising from the agreement entered into with Impulse Fashion Accessories.
1.6 Impulse Fashion Accessories reserves the right to supplement or otherwise amend these general conditions from time to time. The applicable general conditions are always those published at the time of an enquiry.
2. Offer and agreement
2.1 All offers of Impulse Fashion Accessories, including images, drawings, quotations of capacities, specifications, diagrams, price lists, material lists and other documentation, are without any commitment and subject to stock being unsold. An agreement between Impulse Fashion Accessories and the buyer has not been concluded until Impulse Fashion Accessories has confirmed an order in writing, including electronically, or has fulfilled an order in whole or in part.
2.2 Impulse Fashion Accessorie expressly reserves the right to change prices, in particular but not exclusively if that is necessary in view of statutory requirements.
2.3 Information, images, notices given orally, over the telephone, in writing or by email, and quotations in relation to all offers and the principal features of the products will be provided as accurately as possible. However Impulse Fashion Accessories does not guarantee that all offers and products will be fully in accordance with the information provided. Deviations are, in principle, not a ground for damages or termination.
2.4 The buyer is entitled to cancel an order only with Impulse Fashion Accessories approval and to the extent that the Buyer indemnifies Impulse Fashion Accessories. Cancellation will not be possible if the order involves products ordered, taken in production or already made especially for the buyer.
2.5 Impulse Fashion Accessories is entitled to refuse enquires, assignments and orders. in that case, Impulse Fashion Accessories will refund any amounts already paid by the buyer.
3. Prices and payments
3.1 All prices quoted by Impulse Fashion Accessories are in GBP or applicable currency, exclusive of turnover tax and exclusive of shipping and handling charges, unless otherwise agreed in writing.
3.2 The amounts of the shipping and handling charges are stated on the website. Sales and shipments lower than the minimum value stated on the website(exclusive of VAT) will not be considered or executed.
3.3 Impulse Fashion Accessories cannot be held to its offers if the buyer could have understood, in terms of reasonableness and fairness and normal business practices, that the offer or any part of it contained an obvious mistake or slip of the pen.
3.4 Offers do not apply automatically to repeat orders.
3.5 Unless otherwise agreed in writing, all payment must be made in one of the following manners:
- Prepayment to a bank account, the buyer must transfer the amount due, including shipping and handling charges, VAT and any other additional charges to Impulse Fashion Accessories bank account.
- Prepayment via credit card, the buyer will pay the total amount due, including shipping and handling charges, Vat and any other additional charges, via the secure credit card module offered on the website and managed by a third party.
3.6 Agreements with respect to which any required payment is not made within two weeks after conclusion of the agreement will be cancelled automatically.
4.1 Impulse Fashion Accessories has most articles in stock. Orders will be delivered as quickly as possible:
In the event of payments in advance, we generally ship ordered goods within three business days of receiving payment for orders which are in stock. After shipment, the buyer should take into account the usual delivery terms of postal and package carriers for standard shipments (therefore no urgent or express shipments). Delivery times quoted by Impulse Fashion Accessories in order confirmations or otherwise are indicative and are never applicable as fixed deadline. Failure to meet any delivery time does not entitle a buyer to damages or cancellation of the order or of the agreement, unless the failure to meet the delivery time is such that the buyer cannot reasonably be required to continue the agreement. For shipments already dispatched, this will not be the case until a tracking enquiry submitted to the carrier by Impulse Fashion Accessories produces a negative end result. In that case, the buyer will be entitled to cancel the order or terminate the agreement to the extent necessary. Any payments already made in respect of the lost shipment will be refunded.
4.2 After payment, Impulse Fashion Accessories will deliver all ordered articles to the extent that they are in stock.Back orders will not be held. IF desired, the buyer may order those articles when they are available. Any payment already made in the amount of the price that the buyer on site will constitute full proof of delivery.
4.3 Impulse Fashion Accessories will have full filled its delivery obligation when it has offered the goods once to the delivery address given by the buyer on the conclusion of the agreement. The receipt signed by the buyer or by the person representing the buyer on site will continue full proof of delivery.
4.4 Impulse Fashion Accessories has its registered office in the UK. If delivery is to be made to another country, the buyer must make its own enquiries with regard to import regulations, duties and requirements in the country of destination. All duties, VAT on import and other financial and other consequences of import, will be at the expense of the buyer. The buyer will idemnify Impulse Fashion Accessories against all claims on that account.
5. Reservation of title and risk
5.1 Impulse Fashion Accessories reserves title to all goods delivered to the buyer as long as the buyer has not yet fulfilled its payment obligations in full pursuant to the agreement under which Impulse Fashion Accessories has delivered the goods or has rendered or will render services, or on account of any claim of Impulse Fashion Accessories on the buyer due to any failure in performance of the buyer under that agreement. The buyer will be obliged to inform Impulse Fashion Accessories without delay of any attachment levied by a third party to be delivered will pass to the buyer at the time at which the goods are made available to the buyer for the first time.
6.1 Save for any manufacturers warranty and/or wholesalers warranty, goods are delivered without any warranty unless otherwise agreed in writing. The buyer will indemnify Impulse Fashion Accessories against all claims of third parties due to warranties and/or information given by the buyer regarding the goods in deviation from the manufacturers warranty and/or the wholesalers and/or information.
6.2 The aforementioned warranty provisions will apply only to use of the delivered goods in accordance with the intended use and the manuals and specifications given to the buyer.
6.3 Any warranty obligation will lapse:if any modifications, repairs or operations are effected in or on the delivered goods by or on behalf of the buyer; if the buyer uses the delivered goods for purposes other than their normal intended use; if the buyer has handles, treated and/or cared the delivered goods in an improper or injudicious manner; if the defects were visible on delivery, but the buyer failed to communicate them to Impulse Fashion Accessories in accordance with Article 10; in the event of normal wear and tear; in the event of damage by water, humidity, frost or contamination.
6.4 Applicability of the warranty will be at Impulse Fashion Accessories discretion.
7.1 Save for the provisions of Article 6 and any instances of international act or gross negligence, Impulse Fashion Accessories will be liable to the extent that such liability is covered by its insurance up to the amount of the insurance taken out by Impulse Fashion Accessories in the event of a benefit paid in the relevant case.
7.2 If in a particular case, the insurance does not pay damages, Impulse Fashion Accessories liability will be limited to the invoice amount paid by the buyer for the goods involved in the case of damages.
7.3 If the buyer fails to provide timely assistance, information or enquiries that Impulse Fashion Accessories deems necessary or useful to execute the delivery, the buyer can never lay claim to any damages or any other rights due to a failure in performance of the agreement by Impulse Fashion Accessories.
7.4 Impulse Fashion Accessories will not be liable for technically unavoidable deviations in quality, quantity, colours, measurements, finishing, etc. that are allowable in the sector and those deviations do not grant the buyer any right to reject the goods.
7.5 Impulse Fashion Accessories will never be liable for any consequential loss, including loss of profits, losses incurred, costs incurred, loss of savings, loss of data and loss due to business interruption.
7.6 Impulse Fashion Accessories will not be liable for any loss due to intentional acts or gross negligence of its employees and/or others.
7.7 Impulse Fashion Accessories will stipulate all statutory and contractual defences that it can invoke in respect of its own liability against the buyer, also for its employees and others for whose conduct it could be held liable under the law.
8.1 Either party can terminate the agreement without notice of default and without legal intervention effective immediately if: the other party is declared bankrupt, is granted a suspension of payments, whether or not provisionally, is placed under a debt rescheduling scheme for natural persons, if an attachment is levied on a substantial part of his assets or if the other party otherwise loses the free disposal over its assets; the other party's business is liquidated of terminated.
8.2 Amounts invoiced prior to the termination in relation to goods delivered and services provided as part of performance of the agreement will be due immediately at the time of termination.
9. Force majeure
9.1 Force majeure of Impulse Fashion Accessories will include failure of delivery or late delivery by suppliers of Impulse Fashion Accessories or other third parties, sickness, staff shortage, strikes, business lockouts, barriers in transport, lack of raw materials and of other materials, mobilisation, state of emergency, and unrest of rioting, import and export restrictions and other government measures or regulations, water damage, fire damage, frost damage, business interruption, power failures and other events beyond Impulse Fashion Accessories control. In addition, force majeure includes malfunctioning of any telecommunications or other network connection of the communication systems used and/or the unavailability of its web site at any time.
9.2 In the event of force majeure, Impulse Fashion Accessories will be entitled to suspend performance of the agreement without judicial intervention as long as the force majeure situation continues or to terminate the agreement without any obligation for Impulse Fashion Accessories to pay any damages or penalty to the Buyer.
9.3 Upon a suspension in performance of an order that lasts more than three months, the buyer will be entitled to terminate the agreement unless the specific circumstances of the case justify a shorter term.
9.4 In the event of termination as referred to above, Impulse Fashion Accessories will be entitled to require payment for everything that has been delivered/provided up to that point and Impulse Fashion Accessories will not be obliged to pay any damage or penalty to the buyer.
10. Inspection and advertising
10.1 The buyer must have the goods inspected on delivery or as quickly as possible thereafter.Complaints relating to visible defects will not be considered unless Impulse Fashion Accessories is informed of them within 12 days of receipt of the goods.
10.2 Complaints relating to hidden defects will be considered only if Impulse Fashion Accessories is informed of them within 12 days after they were observed, and within 28 days of delivery at that latest.
10.3 If a complaint is found to be justified by Impulse Fashion Accessories, Impulse Fashion Accessories will be allowed the necessary time to adopt the measures that it deems necessary, and Impulse Fashion Accessories will only be obliged at its discretion to repair the goods to which the complaint relates free of charge, to replace them by other goods or to refund the price paid by the buyer for those goods.
10.4 Complaints relating to invoices or part invoices must be submitted to Impulse Fashion Accessories within 7 days after the date of dispatch.
10.5 After the aforementioned terms have elapsed,the buyer will be deemed to have approved delivered goods/rendered services and the invoices, respectively. From then on, Impulse Fashion Accessories will not consider any complaints.
10.6 Claims of the buyer due to a product delivered by Impulse Fashion Accessories allegedly having a defect within the meaning of this Article will expire 3 months after the date of delivery.
11.1 All intellectual and/or industrial property rights, including copyrights, design rights, patents, trade mark rights and/or any other rights to goods manufactured and made available by Impulse Fashion Accessories pursuant to the agreement will vest exclusively in Impulse Fashion Accessories, its supplier or other proprietors. The goods made available to the buyer may not be reproduced and or/published, wholly or partly, in any manner whatsoever without express prior permission in writing from Impulse Fashion Accessories.