Terms and Conditions of Business
Your Statutory rights are not affected by any of the following terms and conditions.
1. Definitions
- "Company" shall mean Doro Tape (UK) Ltd.
- "Customer" shall mean any person, firm or company from whom an order for goods is received. "Goods" shall mean anything supplied by the Company to the Customer.
- "Goods" shall mean anything supplied by the Company to the Customer.
- "Conditions" refers to the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Company.
- "Price" shall be the price for the Goods, excluding VAT and any carriage costs as stated on the Company's website, unless otherwise agreed in writing.
2. Conditions
- These Conditions shall form the basis of the contract between the Company and the Customer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Customers standard conditions of purchase or any other conditions which the Customer may purport to apply under any purchase order or confirmation of order or any other document.
- All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods from the Company pursuant to these Conditions.
- Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Customer’s acceptance of these Conditions.
3. Price
- The price shall be quoted on the Company’s confirmation of order, invoice or listed on the Company’s website unless otherwise agreed in writing.
4. Payment
- Payment of the Price and VAT shall be due on or before the Company’s terms for a trading account, which are 30 days end-of-month unless otherwise agreed in writing.
- The Customer shall pay all accounts in full and not exercise any rights of set-off or counterclaim against invoices submitted by the Company.
- In line with government legislation and regulations, the Company reserves the right to charge interest on overdue invoices and recover all reasonable costs incurred in recovering the debt.
5. Carriage of Goods
- Carriage will be chargeable on all sales under a certain level. Full details can be found on our Delivery Information page.
6. Warranties
- The Company supplies Goods in good faith and believes them to be of merchantable quality and within industry standard tolerances. However, it shall not constitute a guarantee for any specific product feature and shall not establish a legally valid contractual relationship.
- The technical information provided for the Goods is true to the best of the Company’s present knowledge and all specifications are subject to change without prior notice.
- The Company recommends that the Customer tests the suitability of the Goods for the required purposes under original conditions and due to the variety and complexity of use, that the Customer should evaluate the suitability and performance of the Goods for each intended use and that the Customer should assume all risks regarding such use.
- Any claims for compensation beyond the value of the product itself are excluded. The Company accepts no responsibility or liability for goods that have been subjected to any process of any kind.
- The Company accepts no responsibility or liability for any consequential loss or damage in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer or in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company's approval.
- The company will endeavour to supply goods without joins. Where this is not possible the join will be clearly tagged.
7. Delivery of the Goods
- Delivery of the Goods shall be made to the Customer’s address. The Customer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Company for delivery.
- Delivery dates are given in good faith, but the Company shall be under no liability in respect of any delay, however caused. Please refer to our Delivery Information page for more details on pricing.
- The Company undertakes to use its reasonable endeavours to despatch the Goods for an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
- All Goods sold by the Company are carefully inspected before they are shipped. Upon receiving the Goods, the Customer shall carry out a visual check and if the outer packaging of the delivery looks even slightly damaged, and there is any suspicion that the content may be affected, the Customer must make sure that this is recorded as the driver takes your name. The Customer must then inform the Company immediately if possible but within 3 days otherwise the Company may not be able to offer any replacement. If possible, the Customer should email the Company photographs of the damaged Goods at the point of receiving them so that the Company has proof that they have been damaged in transit.
- The Company shall not be liable to the Customer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Customer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.
8. Acceptance of the Goods
- The Customer shall be deemed to have accepted the Goods after delivery to the Customer.
- The Customer shall carry out a thorough inspection of the Goods within 7 days and any complaint, dispute or discrepancy must be notified to the Company within this time. The Company will investigate and if any error has been made, the Company will replace any missing Goods or exchange any Goods sent incorrectly at no extra cost to the Customer.
9. Title and Risk
- Risk shall pass on delivery of the Goods to the Customer’s address.
- Notwithstanding delivery and the passing of risk, title the Goods shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for them has been paid in full.
- Until title passes the Customer shall hold the Goods as bailee for the Customer and shall store or mark them so that they can always be identified as the property of the Customer.
- The Customer may at any time before title passes and without any liability to the Customer:
- repossess and use or sell all or any of the Goods and by doing so terminate the Customer’s right to use, sell or otherwise deal in them; and
- for that purpose (or determining what if any Goods are held by the Customer and inspecting them) enter any premises of or occupied by the Customer.
- The Company may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.
10. Returns, Refunds and Credits
- If, following delivery of the Goods, the Customer then decides that they do not require the Goods, under most circumstances, the Company will be happy to accept the Goods back if they are unused, in the original packaging and in perfect condition.
- The Customer must notify the Company of their intention to return the goods within 7 days of receiving the Goods.
- Any original delivery charges will not be refunded and a 15% re-stocking charge on the value of the Goods will be deducted to cover our administration costs and warehousing logistics.
- The Customer is responsible for returning the Goods to the Company; however, the Company are happy to arrange this and the relevant charges will be deducted from the Customer’s credit or refund.
- Please make sure that any Goods being returned for whatever reason are packaged properly and securely as we are unable to credit any items returned damaged.
- The Company are unable to offer a refund or credit for any Goods:
- that we have converted to your bespoke size or
- that have been specially ordered in on your behalf or
- that have been bespoke made to order or
- are beyond their expiry date or
- for inks that have been inserted or attempted to insert into a digital printer
- As soon as the Company have received the Goods, they will be checked and measured before the refund or credit can be processed. Once this is completed, the Company will issue the Customer with either:
- a credit note if there is a monthly trading account in place with the Company or
- a refund using the same payment method that the Customer used when ordering
- Please allow 3-5 working days after we receive the goods back for processing.
- Please refer to the different sections on our Returns & Refund Policy depending on the circumstances for wanting to return the Goods.
11. Limitation of Liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- Nothing in these Conditions shall limit or exclude the Company's liability for:
- Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors.
- Fraud or fraudulent misrepresentation.
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- Defective products under the Consumer Protection Act 1987.
- Any matter in respect of which it would be unlawful for the Contractor to exclude or restrict liability.
- Subject to clause 11.1:
- The Company shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- The Company's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Goods under this Agreement
- After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- This clause 11 shall survive termination of the Contract.
12. Notices / Communications
- Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address stated in this Agreement or to such other address (being in Great Britain) as the addressee may from time to time have notified for the purpose of this Clause; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by ore-mail, one Business Day after transmission.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Entire Agreement
- This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
14. Force Majeure
- If either party to this Agreement is prevented or delayed in the performance of any of its respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.
- For the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:
- Strikes, lockouts or other industrial action.
- Terrorism, civil commotion, riot, invasion, war threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, bad weather or other natural physical disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
- Political interference with normal operations.
15. Survival of Causes of Action
- The termination of this Agreement howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.
16. Severability
- If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the illegal or unenforceable provision eliminated.
17. Waiver
- A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18. Variation
- No variation of this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
19. Law and Jurisdiction
- This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
You can download the full Terms and Conditions for the Sales of Goods here Download the pdf
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