Terms & Conditions

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1] This Agreement applies to the sale of all MERCHANDISE to YOU by Totally Independent Communications Limited of UNSPECIFIED product to the exclusion of all other terms and conditions. The submission of this Agreement, shall be deemed to be an offer to buy the MERCHANDISE subject to the terms and conditions of this Agreement.

2] The MERCHANDISE shall fall into the following category:

[a] CUSTOMER RETURNS – Merchandise returned to UNSPECIFED RETIALERS by their customers as being faulty or defective in some way, which for some special reason, cannot be returned by them to the original supplier; along with merchandise that may have suffered accidental damage within the retailers distribution system. The merchandise itself may be damaged, or it may simply be packaging damage.

[b] CLEARANCE STOCK – In general all merchandise is thought to be in brand new condition but you can get the odd shop soiled or warehouse damaged item within a parcel.

3] The Buyer acknowledges that the Stock is sold as “not seen” and that the Price has been based on the Buyer's understanding that the Stock may be damaged or faulty or incomplete. The Buyer expressly acknowledges that the Stock may not be of satisfactory quality or fit for its purpose.

4] Merchandise listings indicating those goods on offer will contain a brief description of each item, the unit quantity and the recommended retail selling price including VAT. This information is provided in good faith, but discrepancies may occur.

5] Totally Independent Communications Limited gives no warranty or representation as to the quality or condition of the MERCHANDISE , nor is any warranty or representation to be taken to have been given or implied from anything said or written in the negotiations with YOU or YOUR representatives prior to submitting this Agreement.

6] Any electrical items supplied to YOU without fitted plugs are not intended by Totally Independent Communications Limited OR ANY OTHER UNSPECIFIED PARTY to be supplied for domestic use. YOU will be held responsible for ensuring that all electrical items YOU purchase from Totally Independent Communications Limited that are intended for domestic use, are properly fitted with a wired three point plug.

7] YOU are not an agent of Totally Independent Communications Limited and YOU undertake that in any future sales transaction the source of the MERCHANDISE shall not be disclosed, in particular YOU shall make no representation of or comparison with prices at which the MERCHANDISE has been, or are being sold, by the UNSPECIFIED RETIALER

8]YOU undertake to ensure that either YOU or any Secondary Market Agents purchasing from you, fully comply with all current and future Waste Electrical & Electronic Equipment (WEEE) regulations & General Product Safety Regulations (GPSR), and that YOU , upon purchase of MERCHANDISES from Totally Independent Communications Limited will indemnify Totally Independent Communications Limited from all obligations with regards to final disposal or resale of the MERCHANDISE in line with both WEEE and GPSR regulations and any other such regulations that come into force as part of UK or EU law. By purchasing any of the merchandise covered by this Agreement YOU or your secondary market agents agree to allow Totally Independent Communications Limited access to fully audit compliance with these regulations.

9] All MERCHANDISE is sold on a “Not seen” basis.

10] No returns will be accepted from YOU or YOUR nominated secondary market agents and no credit will be allowed for previously undiscovered defects, discrepancies in description or in quoted quantities.

11] Anything which appears on the merchandise (including its packaging) which connects and/or associates the merchandise to any source company shall be removed before resale by you or your nominated secondary market agents, including but not limited to the following:

[i] The SOURCE COMPANYS Catalogue Number; except where it is stamped VOID or effectively scored through so that it is no longer discernable as a printed or written number

[ii] Any SOURCE COMPANYS Trade Mark, including the SOURCE COMPANYS Logo.

[iii] These clauses do not apply to stock being exported outside of the UK & ROI

12] Totally Independent Communications Limited excludes all liability, howsoever arising to the extent permissible in law, and in no event shall Totally Independent Communications Limited be liable to YOU or any other person for damages including any loss of profits, lost savings or any indirect, special, incidental or consequential loss arising from the use and/or sale by YOU or YOUR customers or nominated secondary market agents of the MERCHANDISE .

13]YOU shall indemnify Totally Independent Communications Limited and keep Totally Independent Communications Limited fully and effectively indemnified on demand in respect of any type of liability, loss, damage, claims, demands, actions, charges, costs (including legal/attorney fees) and expenses incurred by Totally Independent Communications Limited from and against any claims whatsoever resulting directly or indirectly from the resale of the MERCHANDISE by YOU to YOUR nominated secondary market agents and any other third parties.

14]Totally Independent Communications Limited excludes all liability howsoever arising to the extent permissible in law, and in no event shall Totally Independent Communications Limited be liable to YOU for damages including any loss of profits, lost savings or any indirect, special, incidental or consequential loss arising from the use and/or sale by YOU or your customers of the MERCHANDISE .
15] YOU shall indemnify Totally Independent Communications Limited from and against any claims whatsoever resulting directly or indirectly from the resale of the MERCHANDISE by YOU .

16]Totally Independent Communications Limited does not intend that any term of this Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this Agreement.

17] No trading of the MERCHANDISE is to be carried out either on, adjacent to or within a half mile of any Source Retailers property either by YOU or any Secondary Market Agents who purchase MERCHANDISE from you. In addition YOU agree that any future retail outlet operated by YOU or any of YOUR subsidiaries will not trade within 2 miles of any source retailers property, without prior consent of us in writing, or within 30 miles of any Clearance Bargains outlets operated by the source .

18] If any provision of this AGREEMENT is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this AGREEMENT and the remainder of such provision shall continue in full force and effect.

19] Failure or delay by Totally Independent Communications Limited in enforcing or partially enforcing any provision of this AGREEMENT shall not be construed as a waiver of any of its rights under this AGREEMENT .

20] YOU the Buyer agrees to pay Totally Independent Communications Limited, IN FULL, the agreed PURCHASE PRICE for all MERCHANDISE prior to delivery/collection of the said MERCHANDISE.

21] This Agreement and each Contract is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts in relation to actions brought against Totally Independent Communications Limited by the buyer and the non-exclusive jurisdiction of the English Courts in relation to actions brought by Totally Independent Communications Limited against the buyer.

Our business changes constantly and our terms and conditions may also change. You should check our website frequently to see recent changes.