Powering Promotional Products since 1992
Terms and conditions of sale
CONCEPT INCENTIVES LTD - 2024
IMPORTANT NOTES Please see clause 13 for details of your rights to cancel orders. We kindly draw your attention to clause 14 which sets out your statutory rights. We also draw your attention to clauses 15 and 16 which sets out limitations and exclusions of our liability. We will furnish you with up to date Terms and Conditions of Sale when these are updated from time to time.
These sales terms replace all previous terms and conditions of sale.
1.1. What they cover: This document sets out the terms and conditions applicable to all sales by Concept Incentives Limited, including through its websites, by telephone, mail order, and catalogue sales (referred to as the sales terms). We may change these sales terms at any time, but no changes will apply to any orders you submitted before the change.
1.2. Changes: We may change these Conditions at any time, and any changes will take effect on the date they are posted on our Website. Those changes will not affect any orders you submitted before the change.
1.3. Excluded products and services: Our supply of Specialist Products and Services is governed by separate terms and conditions which are available at the time of purchase of such Specialist Products and Services and/or upon request. “Specialist Services and Solutions” mean specific services and solutions offered by us from time to time including, but not limited to, Personalisation, Print Services and any other service or solution with specific terms and conditions.
1.4. Exclusion of your terms of purchase: These Conditions apply to the exclusion of your own terms and conditions of purchase notwithstanding anything to the contrary in your own terms and conditions and you waive any right you otherwise may have to rely on your terms and conditions.
CONCEPT INCENTIVES LTD is a company registered in England and Wales, with company number 02462964. Our postal address and registered office BARONS COURT, MANCHESTER ROAD, WILMSLOW, CHESHIRE, SK9 1BQ
These sales terms apply to all sales of products by us to businesses. You are a business for the purposes of these sales terms. If you have indicated to us at any point that you are a consumer or business (including when you registered the account associated with the order or contract to which these sales terms apply), then we are relying on this as a representation from you in entering into the contract, and you shall be bound by such representation. Where any clause heading refers to businesses, then that clause shall apply to you if, and only if, you are a business.
In these sales terms: (a) catalogue means our most recent published printed catalogue or directory of products at the time of your order; (b) other charges mean any other charges or fees in addition to the price and delivery charges, as stated in the contract terms; (c) the contract is the contract which incorporates these sales terms; (d) the contract terms are the terms as listed in clause 6 below; (e) the delivery charges means our charges for delivery of the products as stated in the order specific terms; (f) the delivery address means the address for delivery of the products as stated in the order specific terms, or if not so stated, as you provided to us in your account with us, of if none has been provided, to the billing address associated with your payment card or other payment service used to pay the price; (h) the order is your order for the purchase of any products submitted to us, which incorporated these sales terms, or resulted in the contract, including any order through our website, by means of a catalogue order form, or by telephone; (i) the order specific terms are the specific terms for your order as identified in clause 6.2 below; (j) the price means the price of the products as stated in the order specific terms; (g) the products mean the goods, and other products ordered by you as set out in the order specific terms; (k) you and your means the person who submitted the order, or who is purchasing from us under the contract to which these sales terms apply; (l) we, us, our means CONCEPT INCENTIVES LTD; (j) the website means our website at WWW.CONCEPT-INCENTIVES.CO.UK; (k) and working or business day means Monday to Friday, except bank or other public holidays.
5.1. Your order: Your order to us is your offer to purchase the Goods on these Conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
5.2. Withdrawing your order: You are entitled to withdraw your order at any time up to moment that we accept it and it becomes a binding contract. After it has become a binding contract you can only cancel it in accordance with your cancellation rights under clause 13, or in accordance with your legal rights if we are in breach of the contract.
5.3. Acknowledgement of your order: Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email does not amount to acceptance of your order; or create a binding contract unless expressly stated in it by us.
5.4. Acceptance of your order: For product orders, acceptance of your order will occur and a binding contract for the sale and purchase of all of the products will be formed between you and us when we first dispatch any of the products in your order, or if sooner, we first email you to confirm that any of the products in your order have been dispatched. For other orders, acceptance of your order will occur and a binding contract is formed when we send the order acknowledgement e-mail.
5.5. Declining your order: If we decline your order for any products, before acceptance, for any reason, we will normally e-mail or telephone you to inform you, and give you our reasons. We may decline your order before we have accepted it for any reason at our sole discretion, and we may decline your order in whole or in part.
5.6. Multiple items: If your order lists more than one product or service then there shall be considered to be a separate and independent order and contract for each of them.
The terms of the contract will comprise the following:
6.1. General Terms: The following general terms: (a) these sales terms; (b) the general delivery information published by us, including on our website or in our catalogue, at the time of your order, setting out among other things, delivery charges, methods, description, delivery locations, Terms and conditions of sale, timescales, and restrictions; (c) the descriptions and specifications and additional terms specified for the products in any product specification page or section on our website and in our current catalogue, at the time of your order; and (d) any terms implied into the contract by statute or rights in relation to this contract granted by any statute, unless and to the extent they are otherwise limited, varied or excluded by any other contract terms.
6.2. Order Specific Terms: The specific terms of you order (including description and quantity of products ordered, price and other delivery charges applicable, your details, delivery address, billing address, and payment method and details) set out in the checkout webpages (for website orders) generated by our website and sent to your web browser, or (for order form orders) in any printed catalogue order form submitted by you, or (for telephone orders) as agreed orally in your telephone call with us; in each case, as may confirmed by us in any written acknowledgement or acceptance of your order which we send to you. If you are a business, no terms proposed by you shall apply to the contract, including any standard terms of purchase of yours.
On acceptance of your order, we agree to sell to you, and you agree to purchase from us the products specified in the contract terms.
Under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 it is an implied term in the contract that the products will correspond to their description. The description is essentially as set out in our website and catalogue at the time of order, but there may be minor variations in specification, colour or other features between that description and the product received.
N/A at present
You agree to pay the price, delivery charges and any other charges stated in the order specific terms. You are obliged also to pay VAT on all charges, at the same time as the charges. If you are a business, all charges are stated exclusive of VAT.
11.1. Payment With Order: Payment of the price, delivery charges, and any other charges and amounts payable under the contract must be made within 30 DAYS FROM RECEIPT OF INVOICE unless stated otherwise.
11.2. Payment Currency: You must pay in the currency in which the price, delivery charges, and any other charges are stated by us.
11.3. Payment Methods: We accept payment by such cards and other methods as may be stated on our website or in our catalogue from time to time. If you send payment by post, then you take the risk of the theft, loss or damage of your payment instrument in the post.
11.4. Credit Accounts – Businesses: If you have a credit account with us, and your indebtedness to us at the time of your order, plus the amounts payable under this order, is less than any applicable credit limit specified by us from time to time or agreed with you from time to time, then your payment will be due within 30 days (or such other period we may have agreed in writing with you) after the date of your order, and you authorise us to take payment from any card or other payment service for which you have provided details on or after the last working day of that 30 day period.
11.6. No Set-off – Businesses: You must make all payments in full without set-off, deduction, counter-claim, or withholding.
11.7. Interest – Businesses: If you fail to pay any amount on time, then we shall have the rights set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended or replaced). If that act does not apply, then we may charge you, and you shall pay on demand, daily interest on the overdue amount such interest to run from the date when you should have paid it until the date you actually pay it (both before and after we obtain any court judgement) at the maximum rate permitted by law.
12.1. Delivery Address: Delivery of the products will take place at the delivery address or otherwise in accordance with this clause 12.
12.2. Delivery Days: We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site, or if not specified, between 8am and 6pm. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. We cannot deliver next-day or same-day on direct delivery goods.
12.3. Delivery Timescales: We will use reasonable efforts to deliver the products by the delivery dates or within the delivery timescales stated in the other contract terms. If we are not able to make a delivery date, we will let you know, and offer you an alternative delivery date.
12.4. Force Majeure: We are not responsible for delay in supplying or delivering or failure to supply or delivery any products if due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem in supplying the products, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, or give you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order.
12.5. Instalments We may make delivery of the products by instalments, for instance where all of the products are not in stock. This will not affect your rights to cancel or terminate the contract.
12.6. Failure to Receive the Products: If delivery is attempted at the nominated delivery address within our stated delivery hours and you are not present to collect the products, we may leave the items at the delivery address or with a neighbour and such items will be deemed delivered for the purpose of these terms. If you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, charge you our direct costs of returning the products to the depot, a reasonable storage charge, and another delivery charge for re-delivering the products at another time.
12.7. Delivery Note: If requested to do so, you must sign for any deliveries. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your products.
12.8. Inspection on delivery: You should check that you have received all of the products you ordered and inform us as soon as you can if you think anything is missing or think anything is damaged. You must inform us by the next working day after delivery has been made if you do not think you have received the products ordered, otherwise all products purported to be covered by the delivery shall be deemed to have been delivered. You must inform us within 10 working days if you consider that the products are faulty or damaged, otherwise the products will be considered to have been correctly delivered, free from damage or faults and in good working order, except for any damage or fault you could not have discovered on reasonable inspection of the products.
12.9. Retention of Title: Title to the products passes to you when risk passes below, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the products shall cease if any amount payable by you under the contract becomes overdue, or you enter into bankruptcy, liquidation or administration, and that we shall be entitled to enter any premises where the products are kept for the purposes of repossessing them. Title to the products shall revert to us when you exercise any right to reject the products, cancel the contract or otherwise return the products to us.
12.10. Risk: Risk in the products shall pass to you when they come into your physical possession, or any person identified by you to take possession of the products, or any carrier you commissioned to collect the products from us and transport them to you, or our courier service hand over the products to any person who you authorise to collect them from a postal or courier service, or we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us when they come back into our physical possession, or any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.
13.1. Introduction: We give you a right to cancel a contract for branded products within 24 hours of placing an order. Prior to approval of visual.
13.2. Restrictions Terms and conditions of sale - All Customers: Your cancellation right does not apply to the following products (unless such exceptions are not permitted by the Cancellation Regulations): where our website or catalogue states that the cancellation right does not apply to that product; products made to your specifications or personalised for you, such as personalised stationery, merchandise, labels and forms;
13.2.1 Your cancellation right does not apply to the following products: products not returned with all packaging, contents, documents, and other items supplied with or as part of the products; products damaged or marked in any way after delivery.
13.3. Cancellation: Branded merchandise orders cannot be cancelled once an order has been placed
13.4.1 Order reference number: It will save time if you can supply us with your order reference number when you cancel plain stock merchandise, but don't worry if you are not able to find this.
13.5. Return of the products and costs of return: If the products have been delivered, then they can only be returned on condition that they are not of a reasonable standard and the Company must have sight of the product and agree that the product is not of a reasonable standard.
13.5.1 Return of the products by you: Subject to clause 13.5.3, you must send the products back to us at CONCEPT INCENTIVES LIMITED, BARONS COURT, MANCHESTER ROAD, WILMSLOW, CHESHIRE SK9 1BQ or at such other address in the UK we may specify.
13.5.2Collection by us: We may at any time request to collect the products from you, and in such case you must make the products available for collection when requested by us, in accordance with such reasonable arrangements as we may specify. If we send you a pre-paid package (e.g. a jiffy bag) to return the products to us in, then you must return the products using any such package.
13.5.3 Costs of returning the products: You must bear the direct cost of returning the products to us, including our direct costs of collecting the products from you. If we incur any such costs, then you shall reimburse us these costs. If you do not hand over the products when arranged, then we may also charge you our direct costs for each failed collection attempt. You agree that that we may deduct such costs from any refund which we are obliged to make to you.
13.5.4 Risk and insurance of products: The products are at your risk until they have been returned to us, and accordingly we recommend that you insure the products accordingly.
13.5 Condition of products returned: If you handle the products beyond what is necessary to establish the nature, characteristics and functioning of the products then you are obliged to pay to us the amount by which the value of the products has been diminished as a result, up to, but no more than, the original price of the products. This includes if you return the products with damage that was not present on delivery or missing anything that was present on delivery. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
13.6 Service Contracts: If any services are being purchased under the contract, then you confirm that you request the services begin before the end of the cancellation deadline, and you agree that if you subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
13.7 Refund
13.7.1 Amount of Refund
13.7.1.1. How your refund will be given We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, or it is not possible.
13.8 Invalidly Returned Products: If you cancel (plain stock merchandise only), and we subsequently discover or prove that you had no right to cancel, then: (a) such cancellation shall cease to have effect; (b) you must continue to pay the price, delivery charges and other charges for the products, and repay any refund given; (c) you must arrange for collection of the products from us; (d) we may make a reasonable storage charge, and we may make an additional charge for redelivery of the products to you; and (e) if you have not collected or taken redelivery of the products within 2 months, then we may sell the products as your agent, and account to you for the proceeds (if we are retaining the price for the products), less costs of sale and any amounts payable by you to us.
14.1. Limitations and exclusions: In this contract, references to our "liability" shall be to our liability to you under or for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the products. Our total liability for all events giving rise to liability to you in aggregate for all such events shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract as ascertained at the time of your order. We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments wasted, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the products elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. Notwithstanding any other contract term, we do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
14.2. Claims Limitation Periods: We shall not be liable in respect of any products missing from a delivery, and all products purported to be in a delivery shall be considered to have been delivered in full, if you do not notify us otherwise by the end of the next working day following the day of delivery. We shall not be liable in respect of any damage to any products present on delivery if you do not notify us of such damage within 10 working days after delivery of the products has been made. We shall not be liable for any other non-conformity of any product with this contract (including faults and defects), if you do not notify us of such non-conformity within 10 working days after delivery (if such fault or defect was discoverable on reasonable inspection at the time of delivery), or within 3 months after the delivery of that product in any other case; and we shall not be liable for any non-conformity of any product identified or arising after the end of that 3 month period. If any product is not in conformity with the contract, then our liability shall only be with respect to that product, and you may not return, and you shall continue to pay for, all other products. You shall give us a reasonable opportunity to repair or replace any non-conforming product, at our option, before exercising any right to reject the product. You shall pay our reasonable costs incurred in investigating any claim that a product is missing or not in conformity with the contract, if such claim is not proved by you.
We shall be entitled to vary the contract, or to cancel the contract, as a whole or in respect of any products, at our option, if any of the following applies: we do not have the products in stock at all or in a fit state to supply to you; or we find we not have sufficient products in stock to meet all our orders from all our customers; or the cost of acquiring the products to supply to you is higher than when your order was accepted by us; we are not able to obtain the products from our suppliers at all or in time to meet the delivery timescales; the contract terms (including our website or catalogue, or your order) contained any error, including in relation to the description or price of any of the products; or we have not received payment in full of or are unable to obtain authorisation for payment of the charges and other amounts payable by you; you do not meet any minimum age requirement for ordering; or if you are purchasing the products with a view to reselling them. If we propose to vary the contract, we will give you an offer to continue with your order subject to such variations as we propose, in which case we will identify any variations (including any proposed changes to the products, the price and delivery charges, and delivery timescales) and we will state how long that offer will remain open; and if you do not accept our offer, then the contract will be deemed to be cancelled.
16.1. We will try to ensure your delivery arrives on time. Sometimes, due to circumstances beyond our control, deliveries are delayed. Should this happen - we will do our level best to get your goods to you as soon as possible and minimise any inconvenience. Unfortunately, we cannot take responsibility for any consequential losses.
16.2. Next-day areas: orders placed on a Friday before 14:00 will be delivered the following Monday.
16.3. Overnight delivery service excludes Aberdeen, parts of Glasgow, Inverness, Kilmarnock, Dundee, Truro, Highlands, Channel Islands, and other offshore islands. In relation to any order outside of the UK we will notify you when you place your order of the estimated time and date of delivery.
16.4. Delivery and packaging charges may apply to all or part of your order. We will not apply such charges where your items are delivered directly from our premises and where your order meets our requirements for free delivery. Such requirements include, but are not limited to, purchasing qualifying items with a minimum order value and the requirements may differ depending on where the delivery address is located within the country. Further details about the charges and the requirements are available on our website.
To ensure you receive the best service available some calls may be monitored or recorded for training purposes.
18.1. Entire Agreement: The contract terms constitute the entire agreement between you and us for the sale and purchase of the products. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the contract terms shall only be binding upon us if made in writing and signed by a director of CONCEPT INCENTIVES LTD No employee, other than a company director, has authority to change the terms of the contract.
18.2. Third Party Rights: The contract shall not benefit or be enforceable by any person other than you and us.
18.3. Sub-contracting: We may sub-contract our obligations under the contract.
18.4. Invalid Terms: Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
18.5. Waivers: We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
18.6. Costs of Claims: You shall pay all our legal costs (on a full indemnity basis) and other fees, costs and expenses incurred in enforcing and recovering any payment due from you under this contract, and in recovering any products which you are obliged to return to us.
18.7. Law and Jurisdiction: The contract and all non-contractual obligations arising out of it shall be governed by the laws of England and Wales. You agree to exclusively bring any claims against us relating to our website, and any actual or potential supply of goods and services, or any non-contractual obligations in the courts of England and Wales.
