"The Seller" means DOCK & BAY LTD registered in England (09444124), 90a High Street, Berkhamsted, Hertfordshire, HP4 2BL. Office address is The Print Rooms, 164-180 Union St, Unit 508, London SE1 0LH.
"The Buyer" means the person, partnership, firm or company which places the order with the seller.
"The Goods" means the products, services or things described in the order.
"The Order" means an order placed by the buyer for the supply of the goods.
DOCK & BAY reserves the right to change these terms and conditions from time to time without notice to you and the changes will take place on the day they are posted on the website.
DOCK & BAY requires evidence of business trading before supplying any potential Buyer. The Buyer must provide documentary proof at request (i.e. VAT Certificate, W9, Business invoices, etc.), as well as a fully completed DOCK & BAY wholesale application, which can be found on our website. https://uswholesale.dockandbay.com/account/register.
On submitting an application for a wholesale account the Buyer opts into email marketing from the Seller. The buyer can request to be removed from email marketing by emailing firstname.lastname@example.org.
The Buyer warrants that all information and data provided by the Buyer is accurate, complete and up to date. The Buyer agrees that they will promptly notify Dock & Bay if there is any change to this information or data.
The Seller reserves the right to reject any application they feel is not ‘bona fide’ wholesale. The Seller reserves the right to cancel wholesale accounts without notice or prejudice.
The Seller reserves the right to change wholesale and retail prices without notice.
DOCK & BAY will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.
DOCK & BAY does not offer postcode protection unless previously agreed in writing. This is at the discretion of the Seller and may be revoked at any time.
The Buyer must take responsibility for the safekeeping of their username and password used on our website. The Buyer will be liable if an unauthorised person uses your username and password.
PURCHASE OF PRODUCTS
The Seller requires an opening minimum order value for orders placed online, by phone, by email, by an authorised sales agent or at trade shows. In special circumstances this value may be lowered at the discretion of DOCK & BAY.
The Seller requires a re-order minimum value for orders placed online, by email or at trade shows. In special circumstances this value may be lowered at the discretion of DOCK & BAY.
The Seller requires an annual minimum spend on all Wholesale Accounts unless previously agreed by the Seller. Accounts that fall below this value may be revoked and the account closed at the discretion of the Seller. If no order is placed during a 12 month period DOCK & BAY reserves the right to close the account without prior notice.
The Seller reserves the right to apply a surcharge for manually processing orders via phone or email. This surcharge will only be applicable after a training call with the Seller on how to use the online ordering tool. If the Buyer requests to place orders over the phone or by email after training, the Seller will apply a $20 surcharge for manual entry.
Minimum order value & annual minimum spend (not inc tax)
USD - $300.00 & $1,200.00
DOCK & BAY reserves the right to accept or reject an order for any reason, including without limitation, unavailability of product; an error in the price, image or the product description; or errors in your order. Orders are deemed received by DOCK & BAY at the time of successful transmission of the order. Orders are deemed accepted by DOCK & BAY upon DOCK & BAY acknowledging such order or failing to reject such order within 14 days.
Please note when you place an order for items that are in stock, the stock will be allocated to your order and dispatched within 2-5 working days upon confirmation of payment terms. Stock is only reserved if previously agreed and it is not allocated until payment is received or the order is confirmed in accordance with your approved credit terms.
The Seller uses its best endeavours to ensure products displayed for sale on our website and ordered are available for delivery. If a product is unavailable, we will usually notify you prior to you completing your order. However, the Buyer acknowledges that in some cases this is not possible and Dock & Bay may need to reject an order you have placed for a product where Dock & Bay establishes that it is actually unavailable for delivery. In such cases Dock & Bay will refund in full all amounts you paid in respect of such unavailable product.
DOCK & BAY does not offer Sale of Return unless previously agreed in writing.
The Buyer is responsible for all taxes, customs and import charges. DOCK & BAY will not be liable for any additional charges incurred on your order unless previously agreed in writing.
DOCK & BAY does not permit any Buyer/Retailer to sell any DOCK & BAY products on eBay, Amazon, discount stores and/or Multi Retailer selling websites unless previously agreed in writing. If any account is found to be doing so they may be liable to DOCK & BAY for loss of sales.
All Buyers are required to pay pro-forma by debit/credit card or bank transfer (unless prior arrangement has been agreed with the Seller). We do not accept payment by Cheque unless previously agreed by the Seller.
If payment has not been made at the time of dispatching the goods, the order will be placed on hold. The order will be on hold for 14 days before being cancelled at the discretion of the Seller.
After 3 satisfactory order payments, the Buyer may be entitled to apply for credit terms from the Seller. Under special circumstances credit terms may be approved from the first order. The Buyer will be required to fill out a credit application and provide up to date credit card details to be authorized for use in the case of non payment in accordance with the agreed credit terms. The Seller reserves the right to reject any credit application without reason.
If any charge or invoice payable by the Buyer to the Seller is not paid by the due date, then (without affecting any other rights we may have) the Seller will be entitled to charge daily interest on the unpaid amount from the due date until that date of the payment at a monthly interest rate of 1.5% of the invoice total. This charge shall automatically accrue unless otherwise agreed by DOCK & BAY.
Invoices are required to be settled in the currency as stated on the invoice along with any additional terms. DOCK & BAY will not be held liable for any currency conversion or charges incurred to the Buyer.
SHIPPING & COLLECTION
Shipping will be calculated as standard depending on your shipping location. More information about shipping rates can be found on our wholesale resources page. The Seller does not provide carriage paid unless previously agreed in writing. We work with various delivery partners and endeavour to deliver within the quoted time frame as stated on the invoice.
The buyer must provide the seller with any delivery or compliance instructions at the time of placing the order. Failure to do so may delay the order and ability to meet delivery dates as quoted.
Please note our Insurance only covers us for delivery to your door and does not extend to moving items inside your property. Therefore, the Seller is not liable for any damages caused by drivers carrying stock into the Buyer’s premises. Drivers must remain with their vehicle and must not leave the vehicle unattended.
In the event that the buyer fails to unload the goods within 1 hour of their arrival at the Buyers premises or such other destinations as notified to the seller at the time of placing the order, the buyer shall be liable to the seller for the additional costs incurred by the seller. The seller shall not be liable to the buyer for any damage or loss arising directly or indirectly from any delay in delivery.
The seller will not deliver to the buyer at a private/residential address unless in exceptional circumstances where the access is good and/or to do so is beneficial to the seller.
Unless otherwise agreed in writing, any delivery times specified by the Seller in its quotation or otherwise, are business estimates only and the Seller will not be liable to the Buyer for any loss or damage (whether direct, indirect or consequential) sustained by the Buyer as a result of the Seller's failure to comply with such delivery times.
The Seller shall have the right to cancel or to reduce the volume of goods delivered if they are prevented from or hindered in delivery of the goods through any circumstances beyond their control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, without incurring any liability for any loss or damage.
The Buyer may arrange collection of their goods from our warehouse. Please note we require 48 hours notice to arrange the order to be picked and ready for when you arrive. All health and safety procedures of the warehouse must be adhered to and DOCK & BAY will not be held liable for any loss, damage or injury sustained by the Buyer.
The Buyer may use their own shipping account and details should be emailed to email@example.com at the time of placing the order. DOCK & BAY will not be held liable for any taxes, customs or import charges incurred.
The Buyer must inspect the condition of the goods immediately upon receipt and report in writing, within 7 days (including Saturday and Sunday) from such inspection, via email, to the seller of any damaged or discrepancies of goods. If the buyer fails to give such notice the condition of the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. Please ensure the persons unwrapping the items are very careful to keep the packaging intact. This is essential in preventing the items being damaged on return. Under no circumstances can we accept returns that do not have their original packaging.
The Seller is unable to accept returns for items that have not been ordered and delivered by DOCK & BAY. The Seller will not be held responsible for any damages incurred via a third-party carrier/couriers including own transport. The Seller will not accept items returned for credit (except for manufacturing faults) when the buyer has used a third-party carrier to collect or deliver goods from an alternative delivery address to the original delivery. It is recommended that the Buyer ensures any transport companies, collecting or delivering on the Buyer’s behalf, have the necessary insurance in place.
Goods are not accepted by the Seller for return from the Buyer without the prior consent of the seller.
All returned goods are subjected to a full Quality Control inspection before any decision regarding refund is made. DOCK & BAY has the final say on whether an item is defective or not. The value of the refund issued to the Buyer is at the Seller's discretion and each case will be considered on its own merit. When the decision to refund has been made a Credit Note will be issued on your DOCK & BAY wholesale account. It is at the discretion of DOCK & BAY to refund to the original payment method.
All orders must be cancelled in writing via email. Orders can only be cancelled prior to despatch. Once the items have left DOCK & BAY the full delivery and return costs will be incurred.
Custom orders may not be cancelled after the Buyer has approved the digital and/or physical sample. Any custom order is non refundable once the design has been approved for production and the Buyer is liable for the total invoice.
The Buyer will be charged a 20% restocking fee for any items returned to stock at the Buyers request. Items accepted for “return to stock” are at the discretion of the Seller.
The Seller will provide photographic & marketing material for use by the buyer to help promote and sell DOCK & BAY products only. All material owned and licensed by DOCK & BAY must be credited.
The Buyers products must not be searchable by product code alone, through any major search engines. DOCK & BAY does not approve of using “multi retailer” shopping cart systems for selling and does not allow DOCK & BAY products to be sold in this way.
All DOCK & BAY customer account holders must have their contact phone number and full postal address clearly visible on their website.
DOCK & BAY does not permit any Buyer/Retailer to advertise or promote any DOCK & BAY products on eBay, Amazon, Multi Retailer selling websites unless previously agreed in writing. Accounts found to be using these websites will have their trading terms revoked and their DOCK & BAY wholesale account closed.
Upon termination of your wholesale account, all photographic and marketing material owned by DOCK & BAY must be removed from your website and/or store(s).
The Reseller shall not stimulate the sale of DOCK & BAY products in a manner that may damage the image or reputation of DOCK & BAY. No low prices or discounts for DOCK & BAY products should be promoted through nonconformist expressions (such as brightly coloured advertising notices and flashing banners) unless previously agreed in writing.
DOCK & BAY owns the copyrights in the product photos (Product Photos) and photos with style impressions (Lifestyle Imagery) that are used by DOCK & BAY in its promotional material and on its website. Please contact DOCK & BAY Head Office in advance of designing a website which includes any DOCK & BAY images. In appropriate instances, use of images will be allowed at the sole discretion of DOCK & BAY.
The DOCK & BAY website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. The material on the website is protected by copyright under the laws of the United Kingdom and may not be used without written permission by DOCK & BAY. Any trademark (whether registered or not) that is displayed on the website may be used to promote the sale of DOCK & BAY products for as long as you are an authorised reseller. DOCK & BAY reserves the right to terminate the Seller’s permission to use any trademark or material which is owned or licensed to DOCK & BAY at any point. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Any trademarks reproduced in the website, which are not the property of, or licensed to us, are acknowledged on the website.
Unauthorised use of the website may be a criminal offence and/or give rise to a claim for damages.
IMPORTANT PRODUCT INFORMATION
To avoid any misunderstandings, we feel that it is important to advise all our customers, old and new, what they should expect from DOCK & BAY products. We pride ourselves on providing exciting ranges of unusual design-led products, which provide a “wow” factor for all our customers. There may be slight variations in the texture of our products due to the dye, print and production process.
Unless otherwise agreed in writing by the seller, these conditions supersede any earlier conditions appearing in the seller's catalogue or elsewhere and override any terms and conditions stipulated, incorporated or referred to by the buyer, whether in the order or in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for a particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
All photographs, specifications, performance data, dimensions, weights and the like, whether contained in the contract or made by way of representation, have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the goods, shall not be taken to be representations made by the Seller, and are not warranted to be accurate.
The seller’s employees have no authority to make any representation, statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by any unauthorised representation, statement or report if the seller adopts any changes in construction, design or specification of its products, the buyer shall accept the product so changed in fulfilment of the order.
Under no circumstance shall the seller be liable to the buyer for loss of profits or economic loss. The goods shall be at the buyer's risk from the time of delivery to the buyer's premises or to such other premises notified to the seller on the order.
The buyer warrants that they are not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding-up or bankruptcy or to exercise any other rights over or against their assets.
All Items sold are intended for domestic use. We cannot accept responsibility if used for contract/commercial purposes.
The Seller’s prices are calculated on the basis that the above Conditions apply. Buyers requiring prices to be quoted on a different basis should inform the Seller.
These terms and conditions apply to buyers who deal directly with the Seller and buyers purchasing through DOCK & BAY authorised sales agents and distributors.