TERMS AND CONDITIONS

1.Definitions

  • “Buyer” means the person who buys or agrees to buy the goods from the Seller

  • “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

  • “Delivery Date” means the date specified by the Seller when the goods are to be delivered.

  • “‘Goods” means the articles which the Buyer agrees to buy from the Seller.

  • “Price” means the price of goods excluding carriage and packing (when under £250.00), insurance and value added tax.

  • “the Seller/Company/Us/We means RYAN PGT Prizes Gifts Trophies of 143 Wellington Road North, Stockport, Cheshire SK4 2PF.

2. Conditions Applicable

These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

  • All orders for Goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions.

  • Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

  • Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

  • The Information you provide will be held on the Seller’s database and/or in their records in line with our GDPR data policy.

You can ask us to remove your data by email at any point in time. Please see our GDPR data policy.

3. Price and Payment

  • The price shall be the Seller’s quoted price.  The price is exclusive of vat which shall be due at the rate ruling on the date of the Seller’s invoice.

  • Payment of the Price and vat shall be due within thirty days of the date of the invoice. Time for payment shall be of the essence.

  • If payment is not made by ‘the due date’ specified, the Seller shall have the right to charge interest at the rate of 2% above Nat West Bank plc base rate from time to time in force.  Interest will accrue from the due date for payments to the date of final settlement as well as before any judgement.

  • The price of the goods shall be the Seller’s quoted price which shall be binding on the Seller

4. The Goods

  • The Goods shall be supplied in accordance with the description contained in the Seller’s specification, quotation and manufactured in accordance with all applicable British Standards which relate specifically to the Goods.

  • The Seller may from time to time make changes in the specifications of the Goods which are required to comply with any applicable safety or statutory requirements which do not mentally affect the quality or fitness for the purpose of the Goods.

5. Allowable Discrepancies in Quantity

The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that: -

  • Such discrepancy in quantity shall not exceed 10%

  • The price shall be adjusted pro rata to the discrepancy

6. Quotations

  • You may request a quotation from us setting out the price and quantity of the goods to be supplied. If the quotation is acceptable to you, you can order within 28 days without the price changing. (7 days on precious metals) After 28 days, (7 days for precious metals) we will need to recalculate the quotation as sometimes costs change.

7. Acceptance

  • If any instruction (written or verbal) is received by RYAN PGT from you for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, then our terms and conditions are definitive and binding

8. Price

  • The price shall be indicated on invoices provided by RYAN PGT to the Buyer in respect of Products and /or Services.

  • Time for the payment of products and/or Services will be stated on the invoices and quotations. If no time is stated, then payment shall be made in accordance with our terms set out in section 

  • The Buyer agrees that the cost price shall be determined by RYAN PGT and that our cost price takes into consideration “one off” costs sch as design and production.

  • RYAN PGT reserve the right to implement a surcharge for alterations to specifications and number of products after the order has been placed.

  • The Buyer shall be responsible at its cost and risk for shipment of any returned or defective goods to the place specified.

  • Tools made for the manufacture of the goods to be supplied remain the property of RYAN PGT even though the Buyer may be charged with a sum in respect of such tools.

9. Payment, Late Payment, Default of Payment and Consequences of default of Payment

  • We accept payment by Cash, BACS, Credit / Debit card or any other method agreed between the Buyer and RYAN PGT

  • Subject to any provision to the contrary, payment shall be received within 30 days net, following the date of the RYAN PGT invoice to the Buyer, which shall be issued promptly on or after delivery of the goods

  • Accounts in arrears or customers that pay on a Pro Forma Basis, will be asked to settle their account in full before the order will be dispatched.

  • Late payments incur interest at the rate of 8% above the Bank of England Base Rate. This shall be payable on any monies outstanding under the contract from the date payment was due until the date payment is received by RYAN PGT, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

  • Without prejudice to any other remedies the Company may have, if at any time the \buyer is in Breach of any obligation (including those relating to Payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

  • In the event that:

  • any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or

  • The Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

  • a receiver a manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer, then without prejudice to the Company’s other remedies at law

the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable

 10. Cancellation

  • You may not cancel the contract without the Seller’s written consent. No returns will be accepted without written authorization from a representative of the seller.

  • Goods returned to the Seller without such authorization will be returned carriage forward.

  • A restocking fee of 20% of the value of the returned items will be charged for goods that are dispatched and subsequently returned.

  • We reserve the right to apply a cancellation charge to thye costs incurred up until the date of the cancellation.

11. Carriage and Dispatch

  • Carriage will be charged on all orders unless agreed in writing prior to an order being placed.

  • Express orders will be subject to an additional charge

  • Carriage charges are subject to change since the cost is based on weight and dimensions of the item/s dispatched

  • RYAN PGT accept no responsibility for the late delivery if failure is beyond our control.

  • In instances where delivery is refused, we will endeavor to contact you and arrange redelivery. Where this is not possible, it may be necessary for you to arrange collection from the courier directly.

  • Whist every effort is made to meet delivery requirements, time shall not be of the essence in the contract unless specifically agreed in writing.

  • Each delivery shall be considered a separate transaction and the failure of one delivery shall not affect the due performance of the contract.

  • All claims for damage to or partial loss of goods in transit, must be submitted in writing to the Seller within 3 days of delivery.

  • In the case of non-delivery of the whole consignment, claims must be submitted in writing to the Seller within 3 days of receipt by the buyer or the buyer’s agent of notification of dispatch of the goods.

  • In the absence of a claim within the terms mentioned above, the goods shall be deemed to have been delivered in accordance with the contract.

  • Any dispute made in respect of invoices must be made in writing within 14 days of the invoice date.

  • Liability for the goods shall pass to the buyer upon dispatch.

12. Delivery of the Goods

  • Delivery of the Goods (unless by instalment) shall be made to the Buyer’s address on the delivery date.

  • The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

When Delivery of the Goods is by instalments:

  • The Seller may deliver the Goods by separate instalments in accordance with the agreed delivery schedule. Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.

  • The failure of the Buyer to pay for any one or more of the said instalments of the Goods on the due date shall entitle the Seller (at the sole option of the Seller):

  • Without notice to suspend further deliveries of the Goods pending payment by the Buyer; and/or

  • To treat this contract as repudiated by the Buyer.

  • The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

  •  No refunds will be issued if goods are delivered late or past a customer’s deadline                                                                   

  • Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within six months of the delivery date.

13. Collection of Goods

The Company take great care of customers goods being worked on. To ensure that goods are given to the correct person, the following terms apply.

  • A receipt is required for all collections

  • For Corporate orders, the Company require confirmation by email of when collection is to be made. ( 24 hours notice) , to ensure the goods are ready for collection and the collection time agreed between the two parties.

  • For Corporate orders, the Company require authorization by email as to who is authorized to collect the goods..

  • All goods that have been invoiced and collection agreed, must be collected within a three-month time frame (unless you have agreed differently in writing with us) or the Company reserve the right to dispose of the goods. No monies will be refunded.

  • If RYAN PGT agree storage of goods, there will be a charge for this service to be agreed beforehand with the customer.

  • Any goods that are stored by the Company on behalf of the customer must be insured by the customer. The Company do not accept any liability whatsoever for storing goods on behalf of the customer.

  • For the avoidance of doubt, RYAN PGT are not liable for any costs/ compensation/ restoration / perished goods / damage / loss of historical data/ or any other loss for goods stored on behalf of a customer

14. Engraving

The Company take great care with all customers goods, but the following terms apply ref engraving.

  • The customer must ensure they have full insurance for all eventualities on any goods given to RYAN PGT to work on. The Company is not liable for the insurance of customer’s goods in the Companies possession.

  • Any work carried out by the Company on customers own items is at the customers own risk.

  • Ref annual trophies/ awards, it is the customers responsibility to ensure that all dates/ names/ previous engravings are recorded by the customer prior to any work being given to the Company.

  • The Company is not responsible for any historical data loss on any item of whatsoever nature given to them to store/ or work on by a customer.

  • The Company is not responsible for any loss/ damage/ breakages / or the adverse effect on any warranties whatsoever that may occur when items are being worked on or as a result of items having been engraved/ printed etc. The customer should have adequate insurance in place for all eventualities.

  • It is the customer’s responsibility to ensure that any fragile items given to the Company to work on are adequately boxed.

15. Dispute Resolution

  • The Company will endeavor to resolve any dispute between the Buyer and itself without the need for Court Proceedings.

  • Any such attempt is without legal prejudice

16. Reservation of Title

  • Ownership and title of the goods remain with RYAN PGT until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to the Company, have been paid in full.

17. Liability

  • The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any Breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the company be liable for any loss, damage, or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.

  • The Company reserve the right to amend all prices and specifications without prior notification, although every attempt will be made to give reasonable notice whenever possible.

  • Many of the products supplied by the Company are handmade and may therefore include slight inconsistencies in shape and size. They may also contain air bubbles which are in fact a hallmark of a truly individual piece of handmade crystal.

  • Only goods that are deemed to be of merchandisable quality will be supplied. The right is reserved to offer an alternative to the standard product when the original item is not available. In these circumstances the replacement item is guaranteed to be of a similar or better quality than the standard item.

  • All sizes and weights are approximate as many of the products we offer are handmade and may vary as a result

  • The products featured in the catalogues on the RYAN PGT web site are intended to illustrate the effect of the items with engraving and do not necessarily mean that they have been supplied or endorsed by the company featured.

  • All samples are chargeable unless otherwise agreed in writing in advance. If they are returned within 30 days, a credit note will be issued, however postal and carriage charges will remain payable. Customized samples are non-returnable.

  • The Seller shall not be liable for

  • Failure to perform any obligation hereunder if such failure is caused by circumstances beyond the seller’s control or

  • Delay, howsoever caused in performing any obligation hereunder, nor for any costs, losses or damages however arising from any such delay.

  • The Seller shall not be liable for any loss, injury or damage arising directly or indirectly from the use, application or storage of the goods. Without prejudice to the above, the Seller will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the Seller within 7 days of the receipt of the goods by the buyer and are limited to the value of the invoice of the goods. No guarantees are offered on battery life whatsoever.

  • When goods are made or adapted by the Seller in accordance with the buyer’s specification, the buyer shall indemnify the seller against all costs, claims and expenses incurred by the Seller in respect of the infringement by such goods of any patents, register designs, trademarks or other such rights belonging to third parties.

  • The Seller does not guarantee the suitability of the goods for any specific purpose.

  • Where the goods compromise or include the Buyer’s own materials, the seller shall not be liable for any damage to such material however caused during manufacturing, processing or finishing by the Seller.

  • The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

18. Client Provided Stock

  • We cannot accept any responsibility for stock provided by you whilst in transit to our premises.

  • Once received, we agree to notify you of any discrepancy in the number or items sent, the description of the item sent and of any damage whilst in transit.

  • Responsibility passes back to the seller upon dispatch from our premises.

19. Warranty

  • The Company warrants that it will repair or make good any defects in the goods it has supplied, if written notice of the claim is received by the Company within 7 days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorized by RYAN PGT or if the defective goods have been modified or incorrectly stored, maintained or used.

  • If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.

20.  Information and Data

  • Any information and data provided by the Seller to the Company and used by the Company directly or indirectly in the performance of this agreement shall remain at all times the property of the seller. It shall be identified, clearly marked and recorded as such by the Company on all media and in documentation.

  • The Company shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the data and information unless it is securely

  • The Company agrees to comply and have adequate measures in place to ensure that its staff always comply with the provisions and obligations contained in (as amended from time to time)

  • The Data Protection Act 1998

  • The Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998

  • The Consumer Protection Distance Selling Regulations 2000

  • Unless specifically notified by the seller, it is agreed that all data acquired by the Company from the seller shall only be used for the purpose of the agreement and in connection with the Company’s marketing and promotional purposes.

21. Third Parties

  • This agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the party to terminate, rescind or agree any amendment, waiver, variation, or settlement under or relating to this agreement are not subject to the consent of any third party.

22. Parking

  • Parking for the shop is free in the lay by at the front of the shop. 

RYAN PGT do not accept responsibility for any loss or damage to cars, people, customer’s property or goods whilst on the land of RYAN PGT.

Using the land is entirely at the customers own risk.

23. Waiver

  • It is agreed that any failure or delay by the Company to exercise any rights under this agreement will not be deemed as a waiver of those rights nor will it preclude the Company from exercising enforcements of its rights in the future.

24. Governing Laws

  • These Terms of Trade will be interpreted in accordance with English law, which will have exclusive legal jurisdiction over any dispute in relation to the products/services or these Terms of Trade.