APPLICATION OF TERMS
1.1 Subject to any variation under condition 1.3, any contract (“Contract”) between Stacked Limited (“Company”) and a person, firm or company (Buyer) who purchases goods (“Goods”) for a price (“Purchase Price”) from the Company, shall be in accordance with these terms and conditions (“Terms and Conditions”) to the exclusion of all other terms and conditions and the Buyer is deemed to have accepted these Terms and Conditions upon placing an order (“Order”) with the Company.
1.2 The Company reserves the right to add, alter, amend or withdraw at any time without notice any of these Conditions. The current Conditions can be found on the Website and attached to the current offline catalogues.
1.3 The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.4 A Contract will form upon acceptance of the Order by the Company.
2.1 The Company’s quotations are valid for 30 days, subject to stock availability and without obligation.
2.2 Quotations are for the sole use of the addressee and are given on the basis that no Contract shall come into existence until the Company accepts the order or, failing that by means of delivery and/or invoice.
2.3 STACKED is entitled to refuse any offer or order from the Buyer without having to give any reason.
3.1 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. If a delivery date is quoted, the Goods may be delivered by the Company or by a third-party supplier in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
3.2 Goods will be delivered to the delivery address supplied by the Buyer. The Buyer is considered to have given authority to accept a delivery on its behalf to any person who accepts delivery at the delivery address.
3.3 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, damage to the Buyer’s property or property of another person or body, personal injury or death to the Buyer or any other person other than that caused by the Company’s negligence, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any reasonable delay entitle the Buyer to terminate or rescind the Contract.
3.4 The Buyer is obliged to take receipt of the purchased goods at the time they are made available. If the Buyer refuses to take delivery or fails to provide the information required or appropriate facilities to enable the Company to effect delivery:
- (a) risk in the Goods shall pass to the Buyer
- (b) the Goods shall be deemed to have been delivered and:
- (c) the Company may store the Goods until delivery.
STACKED may demand that the invoiced amount is paid as if delivery had taken place. All expenses incurred as a result of late delivery or in the event that delivery is not possible, will be charged to the Buyer.
3.5 If the Company delivers in installments to the Buyer, then each installment is a separate Contract. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract. No cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment. If payment is not made to the Company in accordance with the terms of the Contract then the Company may withhold or cancel delivery of any other of the Buyer’s Orders which have not yet been delivered.
- (a) The Purchase price for the Goods shall be exclusive of any value added tax, which will be charged at the rate prevailing on the date of dispatch or on the date of the Company’s invoice for the Goods if earlier.
- (b) Subject to 4 (c) the Purchase Price for the Goods is inclusive of the costs and charges of packaging, insurance and transport of the goods.
- (c) The Company reserves the right to charge additional carriage on specified deliveries where they may fall outside the normal delivery area or fall below a previously agreed value level.
4.2 Whilst every effort is made to minimise/absorb manufacturer price increases, occasionally external factors dictate we can’t avoid them. In all instances, where a manufacturer indicates a price increase this will be backed-up in writing outlining the increase factors.
5.1 Unless otherwise stated, invoices must be paid within 30 calendar days of the date stated on them. No payment shall be deemed to have been received until the Company has received cleared funds. If the Buyer fails to pay the Company any sum due pursuant to the Contract:
- (a) the Buyer will immediately be in default.
- (b) the Company will be entitled to charge the Buyer interest at 3% above the current base-lending rate of the Central Bank Of Ireland, compounded daily, on the amount outstanding until it has been paid in full; and
- (c) the Company will be entitled to sue the Buyer and or pass the debt onto a Debt Collection Agency for the money and all costs incurred by the Company in connection with the Contract
5.2 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
Data collected by the Company in the course of its business dealings will be retained in accordance with these Terms and Conditions and any prevailing privacy, use or data protection policy in force from time to time by the Company. Some or all of that data may be personal data that is subject to the Data Protection Act 1988 & 2003. The data supplied to the Company will be processed by it to execute the Buyer’s Order, to monitor the Buyer’s account, to select and send to the Buyer marketing material and periodically to conduct trade and bank reference enquiries and other credit checks. This will involve the disclosure of the Buyer’s data to and from third parties. The Buyer consents to the processing of its data for those purposes. Prior to progressing the Buyer’s Order the Company will attempt to verify the Buyer’s identity (or the identity of the individual on whose behalf the Buyer is acting).
This process involves checking the details the buyer supplies against those held by credit reference agencies and scoring methods may be utilized in the verification process. A record of this process will be kept that may be used to help other companies to verify the Buyer’s identity. The Company may also pass information to organizations involved in fraud prevention to protect itself and its customers from theft and fraud. If the Buyer supplies false or inaccurate information and the Company suspects’ fraud, the Company will record this and share this information in line with any relevant legal obligations.
7.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
7.2 Subject to this clause 7, the Company warrants that on delivery, and for a period of 12 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1980.
- (i) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 5 days of the time when the Buyer discovers or ought to have discovered the defect; and
- (ii) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business within 30 days of the delivery date at the Buyer’s cost for the examination to take place there.
7.3 The Company shall not be liable for a breach of the warranty in condition 7.2 unless:
- (i) the Buyer makes any further use of such Goods after giving such notice;
- (ii) the defect arises from wear and tear, wilful damage, negligence, abnormal working conditions or because the Buyer failed to follow the Company’s or manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
- (iii) the Buyer alters or repairs such Goods without the written consent of the Company;
- (iv) any defect in the Goods arises from any drawing, design or specification supplied by the Buyer;
- (v) the total Purchase Price has not been paid by the due date for payment; or
- (vi) any data corruption or other damage to or loss of computer software or hardware arises from the use of any computer media Goods supplied hereunder by the Company in conjunction with any such software or hardware. It is the responsibility of the Buyer to ensure that it or the ultimate end-user of the Goods takes all necessary precautions (including, but without limitation, testing the Goods on up- to-date anti-virus software) when used in conjunction with any computer software or hardware.
LIMITATION OF LIABILITY
8.1 Subject to condition 3, condition 7 and condition 12, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
- (a) any breach of these conditions;
- (b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; or
- (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms, implied by statute or common law (save for the conditions implied by the Sale of Goods Act 1980) are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these conditions excludes or limits the liability of the Company:
- (a) for death or personal injury caused by the Company’s negligence; or
- (b) under section 2(3), Consumer Protection Act 2007; or
- (c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
- (d) for fraud or fraudulent misrepresentation.
8.4 Subject to condition 8.2 and condition 8.3 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Purchase Price.
CATALOGUES AND BROCHURES
All samples, drawings, specifications, pricing and advertising issued by the Company and any descriptions or illustrations contained in the Company’s website, catalogues, brochures, price lists or in any other document are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and any sale of Goods hereunder shall not constitute a sale by sample. The Company accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from the Buyer’s reliance on such descriptions and illustrations.
10.1 The Company may assign the Contract or any part of it to any person, firm or company.
10.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
The Company reserves the right to cancel the Contract or suspend or delay delivery or reduce the volume of the Goods ordered by the Buyer without being liable for any loss or damage if supply of the Goods is prevented or delayed due to, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, IT system failures, civil strife, riots, adverse weather conditions, epidemic, lock-outs, fire, explosion, flood, labour disputes, accidents or any other causes or circumstances beyond the reasonable control of the Company.
SHORTAGES, DAMAGES, DISCREPANCIES, AND/LOSS IN TRANSIT
12.1 The quantity of any consignment of Goods as recorded by the Company on dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. A delivery of Goods consisting of a shortage or surplus not exceeding 10% will be considered due execution of any order and the Buyer shall accept the same subject to a pro rata increase or reduction in the Purchase Price.
12.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company and to the carrier of the non-delivery within 5 days of the date when the Goods would in the ordinary course of events have been received.
12.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
12.4 If Goods have been damaged or supplied short, then the Buyer must notify the Company in writing within 2 days of receipt of the Goods and keep those Goods in one place, separate from any other Goods, and allow the Company to inspect them if the Company wishes before it decides what action to take.
Covid- 19 Update to Terms & Conditions For Returns
Please note that due to the nature of PPE related products our normal returns terms and conditions do not apply. Unused, unopened or goods ordered incorrectly cannot be returned. Please ensure you understand these terms before confirming your order as only PPE products which are deemed to be faulty can be returned.
13.1 Goods ordered incorrectly by customers: Goods which customers have ordered incorrectly or no longer required can be returned to Stacked once the request is made within 21 days of the goods being received. Goods must not have been opened and the packaging remains in an ‘as new’ state. Please ensure goods are placed in suitable packaging that will avoid any deterioration of the product on the return shipment. This excludes all food/drink products, furniture items, pre-printed products or non-catalogue items ordered by customers as these cannot be returned for any reason unless faulty.
13.2 Hardware/IT Products: As we order these goods on a customer by customer basis and do not hold any direct stock. Goods classified as a hardware or IT product will be subject to a 15% re-stocking fee which is charged by the manufacturer for us to return incorrectly ordered items. Unfortunately, we cannot entertain the return of any hardware or IT product that has been opened unless it is faulty as the manufacturers will not accept any goods with broken seals or open packaging.
13.3 Products received DOA (Dead on Arrival): Any goods opened and found to be immediately faulty or not working must be submitted to Stacked for processing within 48 hours of the goods being received. Once the goods have been collected and the fault has been verified by the manufacturer, a credit will be issued to your account.
13.4 Goods faulty within the warranty period: You are entitled to a warranty repair/replacement for goods that become faulty within their stated warranty period. Some manufacturers require that the end user contact them directly regarding faulty products, and not the retailer. In such cases please contact Stacked and we will be happy to supply you with the manufacturer’s contact details. The processes manufacturers have in place can determine the turnaround time to complete these queries and so they may take longer than standard return requests.
13.5 Goods damaged in transit: Must be reported to us within 48 hours. If goods are visibly damaged on receipt, please sign the delivery note accordingly. Once the damaged goods are received back into our warehouse, we will issue a full credit on your account.
13.6 Short shipment of goods: If you are short shipped or missing any items that appear on your delivery docket, we request that you report it to us within 48 hours. Once verified by our customer services department, a full credit will be issued.
13.7 All other return queries: Please contact the customer service team.
13.8 Important steps before returning any items:
Please note that any returns made to Stacked must be accompanied by a Sales Returns Docket (SRTN). This is issued by the customer service team in the event of a return been authorised prior to goods been collected.
Any goods received by Stacked without an SRTN will be returned to the customer.
Stacked will arrange collection of your return once an SRTN has been issued. Please ensure that the goods are packaged in a suitable fashion and the relevant documentation is enclosed. All return parcels are to be clearly labelled with the Stacked address below.
Please ensure that you do not write or attach any documents directly to product packaging. All goods must be shipped in outer packaging with the correct documentation and return address clearly displayed. We can only issue credits for goods where they are in a resalable condition and, so it is important that the packaging remains protected when returning the goods.
Once received and approved a credit will be issued on your account. It is our aim to have all returns completed and credit issued within 14 days of receipt of your return request.
RETENTION OF TITLE
14.1 General: The risk in the Goods shall pass to the Buyer:
- (i) in the case of Goods to be delivered at the Company’s premises, at the time when the Company notifies the Buyer that the Goods are available for collection; or
- (ii) in the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Buyer wrongly fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods. Notwithstanding delivery of the Goods, ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to t