TERMS OF SALE

INTRODUCTION

These terms and conditions shall govern the sale and purchase of products through our wholesale/trade website; trade.paperhigh.com

You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

INTERPRETATION

In these terms and conditions:

  • “we” means The Paper High Gift Company Limited and
  • “you” means our customer or prospective customer,

      and “us”, “our” and “your” should be construed accordingly.

ORDER PROCESS

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section.

To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your bag, and then proceed to the checkout; if you are a new customer, you must first apply for an account with us and upon acceptance you will then be able to login to our site; if you are an existing customer, you must enter your login details; once you are logged in and have selected products to purchase, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document. The first order for customers based in the United Kingdom and all overseas customers will require payment before the order is shipped; you will be sent an invoice for this purpose and once payment is confirmed as cleared funds in our bank we will ship your order to you; existing United Kingdom customers who have ordered from us previously will have their order shipped and payment is strictly due within 30 days of the invoice date, unless specific payment terms have been agreed in writing that differs from the standard between both parties. The invoice sent to you will become a binding contract for your order or we will confirm by email that we are unable to meet your order in part or in full.

You will have the opportunity to identify and correct input errors prior to making your order by reviewing the order prior to and during the checkout process.

PRODUCTS

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

PRICES

Our prices are quoted on our website.

We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

PAYMENTS, DAMAGES AND SHORTAGES

Payment must be complete under our invoicing terms and The Paper High Gift Company Limited reserve the right to apply late payment penalties. Late payment penalties will be charged daily at 1.0% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, without prejudice to our other legal rights or rights under these terms and conditions.

Payments may be made by any of the permitted methods specified on our website from time to time.

Please note that your credit/debit card will be charged directly at the moment of transaction.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

  • an amount equal to the amount of the charge-back;
  • all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  • an administration fee of GBP 25.00 including VAT; and
  • all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section, including without limitation legal fees and debt collection fees, and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section.

You must inform us in writing or via email at trade@paperhigh.com within 4 days from the receipt of goods, details of all damages and shortages. Returns will not be accepted unless previously advised and confirmed in writing by The Paper High Gift Company Limited.

CREDIT ACCOUNTS

If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Credit accounts section.

If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days following the date of our invoice.

Business accounts will be subject to such credit limits as we may notify to you from time to time.

If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:

  • charge you interest on the overdue amount at the rate of 1.0% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
  • claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, without prejudice to our other legal rights or rights under these terms and conditions.

DELIVERIES

Our policies and procedures relating to the delivery of products are set out on our website.

We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 10 working days following the date of the order confirmation; however, we do not guarantee delivery by this date.

We deliver products to addresses on the UK mainland and internationally to countries specified on our website.

For specific delivery costs see the relevant pages on our website.

DISTANCE CONTACTS: CANCELLATION RIGHT

Distance selling contract does not apply to wholesale, trade business purchases. Our trade/wholesale website is a Business to Business website only.

RISK AND OWNERSHIP

The products you purchase from us will be at your risk from the time that they come into your physical possession, or the physical possession of a person identified by you to take possession of the products.

Ownership of a product that you purchase from us will pass to you upon the later of:

  • delivery of the product; and
  • receipt by us in cleared funds of all amounts due in respect of the product including delivery charges where applicable.

Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

If you are business customer, then until ownership of a product has passed to you:

  • you must store the product separately from other goods; and
  • you must ensure that the product is clearly identifiable as belonging to us.

WARRANTIES AND REPRESENTATIONS

You warrant and represent to us that:

  • you are legally capable of entering into binding contracts;
  • you have full authority, power and capacity to agree to these terms and conditions;
  • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
  • you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
  • you will not sell any of our products on third party websites, (for example, Amazon, Etsy, Ebay – this is not an exhaustive list of third party websites, and this warranty applies to any third party website globally).

We warrant to you that:

  • we have the right to sell the products that you buy;
  • the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
  • you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
  • the products you buy will correspond to any description published on our website; and
  • the products you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to the Limitations and Exclusions of Liability section, all other warranties and representations are expressly excluded.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

  • are subject to the Limitations and Exclusions of Liability section; and
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section shall not apply.

We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section shall not apply.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

ORDER CANCELLATION

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

  • you fail to pay, on time and in full, any amount due to us under that contract; or
  • you commit any material breach of that contract.

You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:

  • you cease to trade;
  • you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
  • a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
  • the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
  • any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

CONSEQUENCES OF ORDER CANCELLATION

If a contract under these terms and conditions is cancelled in accordance with the Order Cancellation section:

  • we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
  • you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
  • all the other provisions of these terms and conditions will cease to have effect, except those applicable in the – Introduction, Payments, Damages and Shortages, Credit Accounts, Risk and Ownership, Limitations and Exclusions of Liability, Assignment, No Waivers, Severability, Third Party Rights, Right to Refuse Supply and Entire Agreement sections, will survive termination and continue in effect indefinitely.

SCOPE

These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

VARIATION

We may revise these terms and conditions from time to time by publishing a new version on our website.

A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.

ASSIGNMENT

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

NO WAIVERS

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

THIRD PARTY RIGHTS

A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

This Website and all its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audio visual materials, written materials and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors. Any rights or licences of the Website Content not expressly granted by the Terms of Use are reserved.

Wholesale customers may use product images to sell our products but only on their own website(s).

Except as set out in the Terms of Use your use of the Website Content without written permission of the Website Content owner is strictly prohibited. You may use and may download extracts, of any page from this Website for non-commercial, personal use provided that:

  • you do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, license or otherwise use the Website Content without our written permission.
  • no graphics are used separately from accompanying text;
  • our copyright and trademark notices appear in all copies and you acknowledge this Website as the source of the material; and
  • the person to whom you providing these materials are made aware of these restrictions.

You must not use, transfer, copy or reproduce any part of the Website Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You must not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.

We monitor the market for infringements of our intellectual property rights and reserve the right to take any action we deem appropriate to protect our rights.

RIGHT TO REFUSE SUPPLY

We reserve the right to refuse supply if in breach of Section Warranties and Representations

We reserve the right to refuse supply if we consider the customer premises, website or selling on third party websites detrimental to our image. 

ENTIRE AGREEMENT

Subject to Limitations and Exclusions of Liability section, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

STATUTORY AND REGULATORY DISCLOSURES

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

These terms and conditions are available in the English language only.

Our VAT number is GB387054278

OUR DETAILS

This website is owned and operated by The Paper High Gift Company Limited. 

The Paper High Gift Company Limited is registered in England and Wales under registration number 12502406, and our registered office is at Station House, Station Approach, East Horsley, Surrey, KT24 6QX.

Our principal place of business is at Unit 1 Delanair Estate, Brooks Road, Lewes, East Sussex, BN7 2BY.

You can contact us:

  • by post, using the postal addresses given above.
  • by telephone, on the contact number published on our website; or
  • by email, using the email address trade@paperhigh.com.

All contents of this website are copyright 2022 The Paper High Gift Company Limited.