1.1 English Law is applicable to any contract made under these terms. The English and Welsh courts have non- exclusive jurisdiction.
1.2 The following terminology applies to these Terms and Conditions, Privacy Statement, Delivery and Returns Policy and any or all Agreements with Tillfield Limited: "Customer", “Buyer”, “You” and “Your” refers to you, the person accessing this website and accepting Tillfield Ltd’s terms and conditions. "Tillfield", “Tillfield Ltd”, “Ourselves”, “We” and "Us", refers to “Tillfield Limited”. “Party”, “Parties”, or “Us”, refers to both the customer and Tillfield Ltd, or either the customer or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.3 Tillfield Ltd disclaims any and all responsibility, liability, representations, warranties, or any other terms, express or implied, for the accuracy, legality, operability, availability, merchantability, non-infringement, or completeness of any part of the content upon this site. Furthermore, Tillfield Ltd disclaims any responsibility for any harm, loss, or damage resulting from viewing or downloading any media from this site, or linked to by this site. Although every effort has been made to keep the site safe and secure, Tillfield Ltd makes no warranty that this site, any content, or the servers used, are free of viruses or other harmful media. The user assumes all responsibility for any necessary servicing, repair, and/or correction that may result.
2.1 All products listed are subject to availability. Items may be listed as in stock and be out of stock and conversely, may be listed as out of stock and be in stock. Every effort has been made to ensure stock levels are accurate and we will endeavour to inform you of any differences once we are in receipt of your enquiry.
2.2 Tillfield Ltd reserves the right to change, remove and edit product details on tillfield.com, softtouchbabywear.com or dolshe.co.uk at any time. Every effort has been made to ensure the accuracy of details including those of weight, size and packing. Please note that many products are handmade and as such measurements listed may slightly vary. Every effort has been made to ensure the accuracy of product images and available designs and colours but please be aware that images may be distorted depending on your monitor or screen settings.
3.1 No enquiries made through tillfield.com are final until completed and approved by Tillfield Ltd. This includes variations in prices, quantities and product details. We reserve the right to change prices at any time and any changes will be notified and agreed with your before final confirmation. Every effort has been made to ensure prices provided to you after your enquiry are accurate. If any errors are discovered, we reserve the right to amend these and will inform you as soon as possible.
3.2 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery. Our quotations will lapse after 7 days (unless otherwise stated). The price quoted excludes delivery (unless otherwise stated). All quotations will be subject to stock availability at the time of confirmation.
3.3 Payment must be received by Tillfield Ltd within the agreed time and meeting the agreed conditions as set to you upon registration as a customer with us. If terms are not adhered to, we may refuse to approve any more orders and further failure to pay may result in legal proceedings. We reserve the right to apply or cancel any discount agreed with you, subject to notification, prior to any approved order.
3.4 If any payment document drawn in our favour has to be represented for any reason, or is returned unpaid, a charge of £25.00 will be made on each occasion and this charge will be added to the outstanding amount.
4) ORDERING AND DELIVERY
4.1 Tillfield Ltd only sell and deliver to wholesale and volume customers. We reserve the right to refuse customers from registering or placing orders with us. This can happen due to logistical impracticalities or otherwise. In any attempt to register as a customer where it is suspected that this may not be the case, Tillfield Ltd has the right to refuse registration.
4.2 Tillfield Ltd reserves the right to refuse or cancel an order at any time. This can occur due to reasons including, but not limited to, any unsafe or unlawful actions or conditions for orders or delivery.
4.3 There is a minimum order quantity of 5 cartons per delivery, with the minimum quantity per item being its carton quantity.
4.4 Tillfield Ltd offers next business day delivery to most of England, Scotland and Wales, excluding Scottish Highlands and Islands once an order has been accepted and approved before 1pm UK local time. We will endeavour to meet the ‘Next Day’ delivery time offered however this is not guaranteed and delays can occur. We will attempt to inform you if any such situation arises. The order will not be automatically subject to cancellation or refund in such a situation. Orders approved after 1pm may not be delivered until 2 business days later. If for any reason the recipient of the order (as stated on the order form) does not accept the delivery, there may be re-delivery surcharge per carton.
4.5 Dispatch of goods may be subject to payment condition 3.3. Where applicable, this will be detailed on order confirmation.
5) EXPORT TERMS
5.1 The following terms in clause 5 apply where good are supplied to you by way of export from the United Kingdom.
5.2 Unless otherwise agreed, goods are supplies ex works from our warehouse in Croydon, Surrey, UK.
5.3 The customer will be responsible for insuring the goods from the time it leaves our warehouse. The customer will be responsible for any customs clearances, documentation and payment of any applicable tax and duties.
5.4 Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
5.5 Where the transport has been arranged by the customer, the customer must inform us in writing with the name, address and contact number of their forwarder. We will also require sight of a ‘Collection Note’ prior to collection of goods. Goods will not be released without this information.
6.1 Goods are not sold to you on a 'sale or return' basis.
6.2 Tillfield Ltd will accept return of goods from you only:
6.2.1 By prior confirmation in writing
6.2.2 On payment of an agreed handling charge (unless goods were damaged on receipt)
6.2.3 If the shipping cost is borne by you (unless goods were damaged on receipt)
6.2.4 Where the goods are fit for sale when they arrive back to us (unless goods were damaged on receipt).
6.3 Goods accepted for return must be returned in their original packaging.
6.4 Tillfield Ltd reserves the right to refuse any returns or refunds requested. The usual return period does not apply for business to business trade and any customer who is in breach of clause 4.1 forfeits this right.
7.1 We warrant that goods sold by Tillfield Ltd comply with their description on final confirmation of order and are free from material defect at time of delivery (providing clause 7.3 is complied with).
7.2 We make no other warranty as to the quality of the goods or fitness for purpose and we exclude any warranty or term or condition that otherwise would be implied.
7.3 If you believe that we have delivered goods which are defective in materials or workmanship, you must inform us (in writing), with full details within 3 working days and allow us to investigate (we may need you to return product samples).
7.4 If the goods are found to be defective in material or workmanship (following our investigations, and you have complied with the conditions in clause 7.3 in full), we will refund the full cost of goods once they have been returned back to us.
7.5 Any customer who alters products bought from Tillfield Ltd, for example, by adding personalised embroidery, then takes over responsibility for the product to adhere to any and all safety standards and carry out the relevant tests. Any product altered by the customer is no longer the original product and Tillfield Ltd bears no responsibility for it from there on.
7.6 We are not liable for any other loss or damage (including direct of consequential loss, financial loss, loss of profit or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
7.7 For all other liabilities not referred to elsewhere in these terms, our liability is limited in damages to the price of the goods as invoiced on delivery.
8.1 The legal ownership, or title, to the goods will not pass from Tillfield Ltd to the customer until the customer has paid for the goods in full. Tillfield Ltd will be allowed to enter the customer's premises to repossess goods which are still under title with Tillfield Ltd.
8.2 Goods sold to you still under title of Tillfield Ltd may be used and sold within your ordinary course of business, but not if we revoke that right (by informing you in writing) or if you become insolvent. Any potential insolvency related event experienced by the customer will trigger Tillfield Ltd's right to terminate, and will therefore entitle us to demand payment or repossess the goods. Tillfield Ltd should be given the right to possess its unpaid for goods if it 'reasonably believes' that an insolvency related event may be about to occur.
8.3 For goods still under title of Tillfield Ltd, the customer is required to:
8.3.1 Store the goods so that they are easily identifiable as those of Tillfield Ltd
8.3.2 Mark the goods as property of Tillfield Ltd
8.3.3 Allow Tillfield Ltd access to your premises to verify that all the obligations are being complied with
8.3.4 Accept that risk of damage or loss of goods supplied will pass to you on delivery, but not the title, which is reserved by Tillfield Ltd until the goods have been paid for in full
8.3.5 Insure the goods immediately upon delivered with a reputable insurance company
8.3.6 Accept the Tillfield Ltd's reservation of a right to pre-approval of the insurance company, if necessary
8.3.7 Note Tillfield Ltd's interest in the goods on any insurance policy.
8.4 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of the goods supplied should you not pay us by the due date.
8.5 You are not our agent. You have no authority to make any contract on our behalf or in our name.