Terms & Conditions of Sale
These Terms & Conditions of Sale apply to orders placed with Peak Dale Products Ltd and to the use of our trade website.
Peak Dale Products Ltd is a trade-only wholesaler. By applying for a trade account or placing an order with us, you confirm that you are acting for business, trade, professional, educational, organisational or other non-consumer purposes.
1. About Us
Peak Dale Products Ltd is a wholesale supplier of craft and hobby products.
Peak Dale Products Ltd
Dale Road
Peak Dale
Buxton
Derbyshire
SK17 8BR
United Kingdom
Telephone: 01298 78447
Email: sales@peakdaleproducts.co.uk
2. Trade Customers Only
Peak Dale Products does not sell directly to consumers. Our website, products and trade accounts are intended for businesses, retailers, makers, manufacturers, educational establishments, clubs, organisations and other qualifying trade customers.
We reserve the right to refuse a trade account application, request further information or close an account where we reasonably believe it is not being used for an appropriate trade or organisational purpose.
3. Trade Accounts
Customers must normally have an approved Peak Dale Products trade account before placing orders through our website.
Account applications are reviewed by us. We may use information supplied by the applicant together with publicly available business information when assessing an application.
Customers are responsible for ensuring that account information remains accurate and up to date.
We may suspend, restrict or close a trade account where there is suspected misuse, unpaid debt, security concerns or another reasonable commercial reason.
4. Website Accounts and Security
Customers are responsible for keeping their website login details and passwords secure.
Orders placed through a customer's account will normally be treated as authorised by that customer.
If you believe that your account has been accessed without permission, you should contact us as soon as possible so that we can take appropriate action.
5. Prices and VAT
Product prices displayed on the Peak Dale Products website are shown excluding VAT unless clearly stated otherwise.
VAT will be calculated and added at checkout at the applicable rate.
Prices may change from time to time without prior notice.
Some customers have an agreed account-wide discount. Where this applies, the customer's applicable pricing will be displayed when they are logged into their Peak Dale Products account.
6. Minimum Order
Our minimum trade order is £25 excluding VAT and carriage.
The minimum order applies to the value of goods purchased and does not include VAT, delivery charges or other fees.
7. Placing an Order
An order is placed when the customer submits it through our website or otherwise instructs us to supply the goods.
The customer is responsible for checking product details, quantities, delivery information and pricing before submitting an order.
If a customer wishes to cancel an order before it has been dispatched, they should contact us as soon as possible.
Where cancellation is possible, we will cancel the order and refund any appropriate payment already received.
Custom products, specially sourced products and products cut to a customer's specification may not be cancellable once sourcing, manufacture or processing has begun.
8. Stock Availability
All products are subject to availability.
Stock information may occasionally change before an order is processed. If an item cannot be supplied, we may contact the customer to agree an appropriate course of action.
Depending on the circumstances, this may include:
- dispatching the available items and refunding or crediting unavailable items;
- holding the order until stock becomes available;
- removing the unavailable product from the order; or
- supplying an alternative product where the customer agrees to the substitution.
We do not normally substitute products without the customer's agreement.
9. Pricing and Website Errors
We take reasonable care to ensure that product descriptions, prices and other website information are accurate.
If an obvious pricing, description or technical error occurs, we reserve the right to correct the error and cancel the affected item or order.
Where payment has already been received for an item that we cancel because of an obvious error, the relevant amount will be refunded.
10. Payment
Unless credit terms have been specifically agreed, orders must be paid for using one of the payment methods available at checkout.
Card payments are processed by Stripe. PayPal may also be available as a payment option.
Peak Dale Products does not receive or store customers' full payment card details.
11. Credit Accounts
Credit facilities may be offered to established customers at our discretion and are subject to approval.
Our standard credit terms are normally 30 days from the invoice date, unless different terms have been agreed with the customer.
We may review a customer's credit status at any time and may use business information supplied by Companies House, Creditsafe or other appropriate sources when assessing creditworthiness.
Credit facilities may be reduced, suspended or withdrawn at our discretion where we have reasonable concerns regarding payment or creditworthiness.
12. Late Payment
Where payment is overdue, we may:
- contact the customer requesting payment;
- place the customer's account on hold;
- suspend or withdraw credit facilities;
- require future orders to be paid for in advance;
- cancel undelivered orders where appropriate; and
- refer overdue debts for recovery.
We also reserve any rights available to us under applicable late-payment legislation, including the right to claim statutory interest and applicable debt-recovery costs on qualifying commercial debts.
13. Financial Difficulty and Insolvency
We may immediately suspend an account, withdraw credit facilities, require payment in advance or cancel undelivered orders if we reasonably believe that a customer may be unable to pay amounts due.
This may include circumstances where a customer becomes insolvent, enters liquidation or administration, ceases or threatens to cease trading, has enforcement action taken against it, or otherwise gives us reasonable cause for concern regarding its financial position.
14. Custom, Bespoke and Specially Sourced Products
We may manufacture, source or modify products specifically for individual customers.
This may include:
- custom or bespoke products;
- products sourced or purchased specifically for a customer;
- products cut to a requested length or specification; and
- products manufactured using customer-supplied artwork, wording, logos, designs or specifications.
Payment terms for custom or bespoke products are agreed on a case-by-case basis. We may require full or partial payment before production or sourcing begins, including where the customer normally has a credit account.
15. Customer Artwork and Specifications
Where a customer supplies artwork, logos, designs, wording, trademarks, images or other material for use in a custom product, the customer confirms that they have the necessary rights and permissions for us to use that material for the requested purpose.
The customer is responsible for the accuracy of information, artwork and specifications supplied to us.
Where we provide a proof, design or specification for approval, production may begin once the customer approves it.
Errors contained within an approved proof, artwork or specification are the customer's responsibility where the finished goods accurately reproduce the approved material.
Changes requested after approval may incur additional costs and may not be possible once production has begun.
16. Product Description and Manufacturing Variations
We make reasonable efforts to ensure product descriptions, dimensions and images are accurate.
Product images are illustrative and colours may vary depending on screens, materials, batches and manufacturing processes.
Reasonable minor variations in colour, finish, dimensions, texture or appearance may occur where these are inherent in the material or manufacturing process and do not materially affect the intended use of the product.
17. Delivery and Carriage
Current delivery areas, carriage rates and free-delivery thresholds are shown on our separate Shipping Information page.
Delivery charges shown on the Shipping Information page form part of these Terms & Conditions of Sale.
We reserve the right to apply additional carriage charges to unusually heavy, bulky or difficult-to-transport orders. Where an additional charge is required, we will contact the customer.
18. Delivery Times
We aim to dispatch orders promptly, but dispatch and delivery dates are estimates unless we expressly agree otherwise in writing.
We are not responsible for reasonable delays caused by Royal Mail, Parcelforce or another carrier where the delay is outside our reasonable control.
Where a significant delivery issue occurs, we will take reasonable steps to assist the customer and investigate the matter with the carrier where appropriate.
19. Delivery Address and Failed Deliveries
The customer is responsible for providing a complete and accurate delivery address and for ensuring that delivery can reasonably be accepted where required.
We may charge the customer for reasonable additional carriage or handling costs arising from:
- an incorrect or incomplete delivery address supplied by the customer;
- refusal of a valid delivery;
- failure to collect a parcel following a carrier notification; or
- another failed delivery caused by circumstances within the customer's control.
20. Inspection of Goods
Customers should inspect deliveries as soon as reasonably possible after receipt.
Any shortages, incorrect items, damage or obvious faults should be reported to us as soon as reasonably possible so that we can investigate and resolve the issue.
21. Goods Damaged in Transit
If goods arrive damaged, please contact us as soon as reasonably possible.
We may require photographs of:
- the damaged goods;
- the outer packaging;
- any internal packaging; and
- the shipping label where relevant.
These photographs may be required so that we can investigate the damage and make a claim with the delivery carrier.
Where goods are faulty, damaged in transit or incorrectly supplied by us, Peak Dale Products will meet reasonable return delivery costs where we require the goods to be returned.
22. Returns and Unwanted Goods
Trade customers may request to return goods that have been over-ordered or are no longer required.
Unless otherwise agreed, unwanted goods must be:
- unused;
- unopened;
- in their original packaging; and
- in a condition suitable for resale.
The customer is responsible for the cost and risk of returning unwanted goods to Peak Dale Products.
We recommend that customers use an appropriate tracked service when returning goods.
Further information is available in our Returns, Damages & Refunds Policy.
View Returns, Damages & Refunds Policy
23. Goods That Cannot Normally Be Returned
Unless faulty, damaged or incorrectly supplied, we do not normally accept unwanted returns of:
- custom or bespoke products;
- goods sourced or purchased specifically for the customer;
- goods cut to a customer's requested length or specification; or
- other products that cannot reasonably be resold because they have been altered specifically for the customer.
24. Refunds, Credits and Replacements
Where a return, shortage, fault, damage or other issue is accepted by us, we may provide an appropriate replacement, account credit or refund depending on the circumstances and the customer's preference where reasonably practicable.
Refunds will normally be made using the original payment method where possible.
25. Title to Goods
Ownership of goods supplied by Peak Dale Products Ltd will not pass to the customer until all amounts owed by that customer to Peak Dale Products Ltd have been paid in full.
Until ownership passes, the customer must take reasonable care of goods supplied by us and must not deliberately dispose of, damage or encumber those goods in a manner that prejudices Peak Dale Products Ltd's rights.
Where permitted by law and reasonably practicable, we may seek recovery of identifiable unpaid-for goods following default or insolvency.
26. Risk
Risk in the goods passes to the customer when the goods are delivered to the delivery address specified by the customer or collected by the customer or their representative.
Transfer of risk does not necessarily mean that ownership of the goods has passed.
27. Intellectual Property
Unless otherwise stated, the content of the Peak Dale Products website, including text, product information, photographs, graphics, logos and other materials owned by us, is protected by applicable intellectual property law.
Nothing in these Terms transfers ownership of Peak Dale Products intellectual property to the customer.
Customers must not reproduce, republish or commercially exploit our website content without permission, except where permitted by law or expressly authorised by us.
28. Customer Responsibilities
Customers agree to:
- provide accurate account, billing and delivery information;
- pay invoices and other charges when due;
- use their trade account for legitimate business or organisational purposes;
- comply with applicable laws relating to their own resale or use of our products;
- keep account login information secure; and
- provide accurate specifications, artwork and instructions where custom products are ordered.
29. Limitation of Liability
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
Subject to that restriction, and to the extent permitted by law, Peak Dale Products Ltd will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings or similar commercial losses arising from an order where such losses were not reasonably foreseeable or are too remote.
Where our liability in connection with particular goods cannot otherwise be excluded, our aggregate liability relating to those goods will, so far as it is reasonable and lawful to do so, normally be limited to the amount paid or payable for the goods giving rise to the claim.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or restricted.
30. Force Majeure
We will not be liable for a failure or delay in performing our obligations where that failure or delay results from circumstances beyond our reasonable control.
These may include severe weather, natural disasters, fire, flooding, strikes, industrial disputes, carrier disruption, transport failure, power or telecommunications failures, pandemics, government action, import disruption, supplier failure or other events that could not reasonably have been prevented.
We will take reasonable steps to minimise the effect of such circumstances where practicable.
31. Privacy and Cookies
Our collection and use of personal information is explained in our Privacy Policy.
Information about cookies, analytics and similar website technologies is provided in our separate Cookie Policy.
32. Third-Party Services and Links
Our website may use or link to services operated by other organisations.
We are not responsible for the content, availability or separate terms and policies of third-party websites that are outside our control.
33. Suspension and Termination of Accounts
We may suspend or close an account where:
- amounts owed to us remain unpaid;
- the account is being misused;
- the customer breaches these Terms;
- we reasonably suspect fraud or unauthorised activity;
- we reasonably believe the customer is no longer eligible for a trade account; or
- continuing the account would expose Peak Dale Products to an unreasonable financial, legal or operational risk.
Closing or suspending an account does not remove the customer's obligation to pay amounts already owed.
34. Changes to These Terms
We may update these Terms & Conditions of Sale from time to time to reflect changes in our business, website, services or legal obligations.
The current version published on our website will apply to orders placed after the revised Terms take effect.
35. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary and the remaining provisions will continue to apply.
36. No Waiver
If we do not immediately exercise a right under these Terms, this does not mean that we have waived that right.
37. Governing Law and Jurisdiction
These Terms & Conditions of Sale and any contract between Peak Dale Products Ltd and the customer are governed by the laws of England and Wales.
The courts of England and Wales will have jurisdiction in relation to disputes arising from these Terms or the sale of goods by Peak Dale Products Ltd.
38. Contact Information
Questions about these Terms & Conditions of Sale should be sent to:
Peak Dale Products Ltd
Dale Road
Peak Dale
Buxton
Derbyshire
SK17 8BR
United Kingdom
Email:
sales@peakdaleproducts.co.uk
Telephone:
01298 78447
