Terms & Conditions

THE CONTRACT

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. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ( Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

STRICTLY NO SALE OR RETURN.

PRICING

VAT is excluded in the prices shown and will be added at checkout if applicable. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

 

OUR LIABILITY

Subject to the exclusions set out below, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to the paragraph directly below, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Subject to the exclusions set out in the paragraph below, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time. However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause.

Nothing in this agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987; [or] (e) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or (f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

SHIPPING COSTS

Please see our Delivery pages for full details.

 

IMPORT DUTY (for all orders placed outside the UK)

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

PAYMENT OPTIONS

Making a purchase could not be easier. Just browse through our online shop and select ‘Add to Cart’ on any items that you wish to purchase, selecting the size, colour and quantity and add them into your shopping cart. After you have finished your selection, click on 'cart' or 'checkout' at the top of the page and you will be taken to our secure server were your order will be completed. If you experience any problems please 

 

CREDIT CARD SECURITY

The information you provide is highly encrypted while being transmitted over the internet. Thornback & Peel Ltd have taken particular care in providing a safe online shopping environment for our customers. We offer secure online transactions, so you can shop whenever you want.

We accept the following cards: Visa, MasterCard, American Express, PayPal and Apple Pay.

 

PRIVACY POLICY

Thornback & Peel Ltd does not disclose buyer’s information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the ‘Remember Me’ option.

 

COPYRIGHT

All content included on this site is property of Thornback & Peel Ltd and protected by international copyright laws.

 

PRODUCT DESCRIPTION

Thornback & Peel Ltd attempts to be as accurate as possible, but does not warrant that product descriptions or other content of this site are error free. If a product offered by Thornback & Peel Ltd is not as described, your sole remedy is to return it in unused condition.

 

All of our textile products are hand printed. Colours may vary from batch to batch. All product sizes listed are approximate.

 

DISCLAIMER

Thornback & Peel Ltd makes no representations or warranties of any kind, express or implied, as to the operation of this site or the content, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. Thornback & Peel Ltd will not be liable for any damages of any kind arising from the use of this site or from any information, content, material, products (including software) or services included on or otherwise made available to you through this site.

 

GENERAL PROVISIONS

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

Wholesale Exclusivity

 

We strive to coordinate a non-competitive environment among our customers by selling to customers that are a reasonable distance from each other, or offer them a different product mix. To maintain an account with Thornback & Peel Ltd we will expect orders of a sufficient frequency and value relative to the geographical area.

 

Wholesale Terms and Conditions

 

The following terms and conditions of trading form the basis for the purchase of goods on a wholesale basis from Thornback & Peel Ltd

Thornback & Peel Ltd (hereinafter referred to as the “Seller”) sells its products to the client (hereinafter referred to as the “Buyer”) only and exclusively on the terms hereinafter set out and upon the basis that these conditions will prevail over any others contained in any document or expressed orally, either by the Buyer or the Seller.

Ownership of the goods shall not pass to the Buyer until payment has been made in full of all sums owed by the Buyer in respect of these goods or otherwise, and whether or not such sums are then due or owing.

In the event of the Buyer defaulting on paying any sum due to the Seller, the Seller shall have the right to suspend further deliveries until the default is made good. The Seller reserves the right under the Data Protection Act 1998 to pass information relating to overdue accounts to Licensed Debt Collectors for the purpose of the collection of the overdue debt. The Seller reserves the right to charge interest against persistent late payers.

No claim for damaged goods or short delivery will be entertained unless the Seller is notified by the Buyer within 5 days of the delivery of the goods.

No goods may be returned to the Seller without prior authorisation.

While the Seller will endeavour to notify the Buyer of any impending price changes by way of reissue of the Wholesale price list, the Seller reserves the right to change product prices without prior notification. The price charged will therefore be the price ruling on the day of despatch.

The Seller will accept orders, at its sole discretion, but normally if the goods are available, the order reflects current pricing and if the order is in keeping with prevailing terms and conditions of trade.

No order may be cancelled by the Buyer within 3 day of the anticipated delivery date.

The goods shall be delivered to the address specified in the order. Risk in the goods passes to the Buyer at the place of delivery. Unless written instructions are given to the contrary, the signature of any person at the place of delivery shall constitute proof of delivery.

Although the Seller will endeavour to meet the dates and times specified for delivery, the Seller shall not be liable in any manner for any delay or failure in delivery.

Where invoices are overdue, the Seller reserves the right to charge interest as provided by the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 1992.

Where invoices are overdue, the Seller shall be entitled to cancel the contract and inform the Buyer that they are no longer in possession of the goods with the Seller’s consent. The Seller shall subsequently be entitled to recover possession of the goods and it shall be a term of the contract that the Seller has the Buyer’s consent to enter the Buyer’s premises, or those of a third party where the goods are stored, for the purpose of repossessing and removing them.

The Seller’s liability for breach of contract (including defective goods, claims about quality or condition, or short or wrong delivery) shall be limited at the Seller’s option to replacement of the goods / making up of any shortfall, or refund the price paid by the Buyer for the goods (or a proportionate part of the price).

The Seller’s aggregate liability to the Buyer in connection with this agreement shall not exceed the value of the goods ordered by the Buyer.

The Seller shall not be responsible for any failure or delay in performance of any obligation arising from any cause or causes beyond the Seller’s reasonable control.

The Seller reserves the right reserves the right to supplement or change these terms and conditions from time to time. The Seller will make every effort to ensure that any such changes or supplements are made reasonably apparent to the Buyer.

The Buyer shall not use our fabrics to manufacture and sell (wholesale or retail) any products which are similar or compete in any way with products manufactured by Thornback & Peel Ltd unless by prior written permission.

These terms and conditions shall be governed by and construed in accordance with English law and the Courts of England. 

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