TERMS OF SALE
All items are brand new, authentic and as described. Sales are considered business to business (B2B) and are Final. Once an order is placed it is confirmed and cannot be changed. The property and title of goods shall remain in the name of That Designer Wholesale LTD until payment is made in full. If such payment is overdue in whole or in part, That Designer Wholesale LTD reserve the right with or without prior notice at any time to retake possession, of the whole or in part the supplied goods and may enter upon any premises occupied by the buyer without prejudice to any of his rights.
That Designer Wholesale Ltd also written as; us, we, our company, TDW, That Designer Wholesale.
Customer: the buyer, contracting party
Stock: product sold by us and purchased by the customer
Shipping/Marine Cargo Insurance is not provided unless the buyer asks That Designer Wholesale LTD to purchase this at an additional cost.
Once the goods leave leave the warehouse and are handed to the shipping agent (i.e DPD/Fedex/TNT etc) The goods are the buyers responsibility. If you did not purchase additional insurance and the goods are lost or damaged, That Designer Wholesale LTD will not be able to be held accountable. You are welcome to supply your own insurance, however again, we will not be held accountable once the goods have left our warehouse.
These terms and conditions regarding your use of the Site constitute a legally binding agreement (“agreement“) between you and thatdesignerwholesale.com, (“That Designer Wholesale“, “we“, “us” or “our“). In this agreement, the terms “Site” or “Web Site” includes all web sites and web pages within as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages thereto and thereof. The Site may also contain links or references to additional rules, policies and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.
This Site is offered and made available for private use if, for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this agreement.
The words “use” or “using” in this agreement, means any time an individual (a “user“), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
All communications, nature of business, information of commercial value and or any other utility or information related to us and or information about your order, stock, amount of stock, invoices, purchases are strictly confidential. Hereon confidential information. Receiving party (Customer) shall hold and maintain the confidential information in strictest confidence for the sole and exclusive benefit of That Designer Wholesale Ltd. Receiving party shall carefully restrict access to confidential information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving party shall not, without the prior written approval of That Designer Wholesale Ltd, use for receiving party’s benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of That Designer Wholesale Ltd, any confidential information. Receiving party shall return to disclosing party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to confidential information immediately if disclosing party requests it in writing.
We require each buyer to have a user name and password combination in order to use the features and functions of the Site and we may, from time to time, also provide buyers with additional codes or passwords necessary to perform additional functions on the Site. Please read our Privacy Statement, which describes how we collect and use your personal information. You will then choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to register and provide us with certain information about you (“User Information“), in order for us to allow you to use the features and functions of the Site, electronic mail services, messaging services, auctions, shopping, registration.
It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Statement, which describes how That Designer Wholesale collects and uses your personal information.
You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. We have the right to disclose your User Information to third parties for the purpose of administering and maintaining services on the Site. We respect the privacy of the contents of users\’ e-mail and messages (collectively, “Messages“); however, we reserve the right to monitor, edit or disclose any information about your use of the services on the Site and/or such contents, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this agreement, or to protect the interests of our members and others. The amount of order storage space per user is limited. Some orders may not be processed due to space constraints or limitations. We assume no responsibility for deletion of orders.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this agreement. We will post or display notices of changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
- OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material“), are the property of That Designer Wholesale, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. The Site is to be used solely as an online catalog for wholesale buying. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate,broker, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of That Designer Wholesale or its owner if That Designer Wholesale is not the owner. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe that the Site contains elements that infringe your copyrights in your work, please e-mail us at once.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
- RULES OF CONDUCT
Your use of the Site and is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United Kingdom), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users\’ accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
- DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER That Designer Wholesale ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
- SHOPPING/ RESALE
All e-commerce on the Site is brought to you while supplies last. We have no responsibility or liability whatsoever for goods you purchase via our website for resale or for services you may obtain from or through our website, other web sites, web pages, or online auction sites. Nor are we responsible for assisting you in correcting any problems as a reseller you may experience with the resale of our items online, or in person.
If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed shipped and even if your account has been charged (in which event we will issue a merchandise credit to your account in the amount of the merchandise charge less shipping costs).
Orders placed and confirmed “pending” by our system are current and valid orders for the published price provided on that purchase order to customer. Price adjustments will not and do not apply should an item go to specials markdown, price match, or price adjustments be made for any products offered for sale including any and all discount codes and adjusted shipping offers.
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over £500 must obtain pre-approval with an acceptable method of payment, as established by our credit and authorisation policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. We reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
If an order consists of multiple items, they may be shipped separately depending on availability.
You agree to indemnify, defend and hold That Designer Wholesale, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys\’ fees), resulting from any breach or violation of this agreement by you. That Designer Wholesale reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with That Designer Wholesale in the defense of any such claim, action, settlement or compromise negotiations, as requested by That Designer Wholesale.
That Designer Wholesale respects your privacy and the use and protection of the personal information (including any personal information you provide as part of the User Information you give us). Please see our Privacy Statement for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.
- SUPPLY AGREEMENT
10.1 Supply and Purchase of Products. That Designer Wholesale Ltd will supply and Customer will purchase the stock (the “Products”) in accordance with the terms of this agreement.
10.2 Orders and sales are considered business to business (B2B) and are final. Customer can not return an order unless not as described in the Orders Agreement.
10.3 Orders Agreement. Orders are made via email in writing or otherwise specifies in writing. Each Purchase Order customer agrees to Product, Stock Quantity, Price per Unit or Price per Order, Delivery terms and conditions. You may not change any orders submitted and paid for.
10.3.1 Permissible limit or limits of variation in. That Designer Wholesale Ltd reserves the right to + (plus) or – (minus) 10% tolerance to Stock Quantity or Product Description. For example if ordered 5000 pieces, 10% tolerance is allowed either up to 500 extra or up to 500 less. Similarily 10% to Product Description and that includes but not limited to colour, features, details. You will not receive compensation, refund or damages. We reserve the right to be 10% inaccurate. Note: Vast majority of orders are 100% exact and accurate.
10.4 Delivery. Delivery times are estimates, That Designer Wholesale Ltd is not liable for late delivery charges, not liable if delivery is late. Customer can not cancel order if the order has left our warehouse. We will always aim to deliver the stock to the customer on the estimated date or time given to you for your order.
10.4.1 Delivery. Goods can be shipped from UK or Spain. It is up to That Designer Wholesale Ltd to choose the location it is delivered from. Import duties and or any other taxes are not That Designer Wholesale Ltd’s responsibility.
10.5 Shipping Insurance. We are not liable for the acts made by the shipping company. You may purchase Insurance in order to receive compensation. Any discrepancies/shortage claims/damage claims must be notified within 24 hours starting at 9am on the day after the goods are delivered if Insurance purchased through That Designer Wholesale Ltd and our Insurance Providers. After this period That Designer Wholesale Ltd is not liable.
10.6 Acceptance of Delivery and Inspection. Customer may not be able to make claims related to the order after 24 hour period. After the period the customer implies that the order has been inspected and accepted. The contract has came to an end.
10.6.1 Inspection Proof. Inspection must be documented, photographed and filmed by recording of moving visual images. Inability to produce proof will revoke the right to claim compensation, damages or seek refund from That Designer Wholesale Ltd.
10.6.2 Credits. If That Designer Wholesale LTD issues a credit note for whatever reason, the note is only redeemable against a future purchase. That Designer Wholesale do not issue refunds. The credit note has a redeemable period of 12 months from issue.
10.7 Attorney Fees. If either party brings an Action to enforce their rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys’ fees) incurred in connection with the Action and any appeal from the losing party.
10.8 Force Majeure. That Designer Wholesale Ltd will not be liable for performance delays nor for non-performance due to causes beyond its reasonable control.
10.9 We reserve the right to cancel any order for any reason without notice. – Contracted or not.
10.10 A Late payment admin charge of 10% of your total order value applies where payment is outstanding for more than 7 days.
10.11 That Designer Wholesale does not usually cancel orders once confirmed. On occasion if an order is approved to be cancelled by That Designer Wholesale following a request by a customer, a restocking fee will apply of up to 20% of the order value. The amount will be set by TDW based on whether the goods were packed, how long we were waiting for payment and other general factors that may increase our costs.
The parties forming a contract agree that the law of England and Wales will govern the performance and interpretation of the agreement and disputes arising under it.