Terms & Conditions
These Terms & Conditions (the “Terms”) apply when you buy goods from Enviroverstock Ltd or sell goods to Enviroverstock Ltd. Please read them carefully before placing an order or supplying stock.
A. Purchasing from Enviroverstock Ltd (Sales Terms)
1 Definitions
In these Sales Terms: “Buyer/you” means the person or business purchasing goods from us; “Seller/we/us/Enviroverstock” means Enviroverstock Ltd; “Goods” means the items described in our quotation, listing, invoice or order confirmation (including agreed substitutes); “Order” means your order for Goods; “Contract” means the agreement formed when we accept your Order, together with these Terms and any special terms agreed in writing.
2 Basis of contract
These Sales Terms apply to all sales of Goods by us and override any terms you seek to apply, unless we agree otherwise in writing signed by a director of Enviroverstock Ltd. A Contract is formed only when we confirm acceptance in writing (including by issuing an invoice or confirming dispatch/collection).
3 Descriptions, lots and “as-is” supply
We trade surplus/clearance/overstock and mixed lots. Where stated, Goods are supplied “sold as seen” / “as-is”. Images, manifests, pack counts and descriptions are provided in good faith but may be approximate and may vary between lots, unless we expressly confirm a detail in writing as a contractual term. You are responsible for satisfying yourself that the Goods are suitable for your intended use and resale channel, including requesting samples or an inspection where appropriate.
4 Pricing and payment
Prices are as quoted/confirmed and exclusive of VAT unless stated otherwise. VAT (if applicable) will be added at the prevailing rate. Payment terms are [proforma / bank transfer before dispatch / deposit + balance before dispatch] unless agreed otherwise in writing. Cleared funds must be received before release of Goods. If you fail to pay on time we may suspend delivery/collection and charge interest and recovery costs where permitted.
5 Delivery/collection, risk and title
Delivery dates are estimates unless we agree a fixed date in writing. Time is not of the essence. Risk passes to you when the Goods are collected by you or your carrier, or when delivered to the delivery address and confirmed as delivered. Title (ownership) does not pass to you until we have received cleared payment in full.
6 Inspection, shortages and damaged consignments
You must inspect Goods as soon as reasonably possible on delivery/collection. For carrier-delivered consignments, you must notify the carrier and us of visible damage within 24 hours of delivery and provide evidence (e.g., photographs). You must notify us in writing of any alleged quantity error or mixing of non-contracted Goods within 7 working days of delivery/collection. After these periods (and subject to statutory rights where applicable), Goods are treated as accepted.
7 Cancellations and returns
Cancellations must be requested in writing and are only effective if we confirm acceptance of the cancellation. If an Order is cancelled after dispatch, or where work has been done to prepare the Goods, you are responsible for transport costs incurred plus a handling/restocking fee of 25% (unless we agree otherwise in writing). Unless agreed otherwise, we do not accept returns for “change of mind” on trade/job-lot goods.
8 Limited warranty for defective Goods
Where we agree that Goods are sold as new or to a specific grade, we may, at our option, replace the affected Goods, credit the value, or refund a fair proportion of the price for defects we accept as valid, provided you notify us in writing within 7 working days of delivery. For clearance/overstock and job-lot goods, minor cosmetic defects, packaging damage, missing accessories, battery degradation and variance within the lot may occur and are generally part of the commercial risk unless we agreed otherwise in writing.
9 Compliance, resale and due diligence
We take reasonable steps to source stock from legitimate channels and carry out due diligence to the best of our ability. However, due to the nature of clearance/liquidation supply chains, lots may occasionally contain items that raise compliance or resale-channel issues. You are responsible for your own due diligence before purchase and before resale, including product safety, labelling requirements, and any intellectual property or distribution restrictions relevant to your sales channels.
10 Liability
Nothing in these Sales Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under law. Subject to the foregoing, we are not liable for indirect or consequential loss (including loss of profit, business, goodwill or anticipated savings). Our total liability in respect of any claim will not exceed the amount paid for the specific Goods giving rise to the claim.
11 Entire agreement
These Sales Terms, together with our order confirmation/invoice and any special terms agreed in writing, form the entire agreement and supersede prior discussions or correspondence.
12 Notices
Notices must be sent to our registered office address (and/or such email address as we specify for notices): [insert registered office address and notice email].
13 Governing law
These Sales Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
B. Selling to Enviroverstock Ltd (Purchase Terms)
1 Definitions
In these Purchase Terms: “Company/we/us/Enviroverstock” means Enviroverstock Ltd; “Seller/you” means the party selling Goods and/or providing services to us; “Purchase Order (PO)” means our written order/confirmation; “Goods” means the items supplied under the PO; “Services” means any services described in the PO; “Contract” means the PO plus these Purchase Terms and any special terms agreed in writing.
2 Formation and changes
We are only bound when we issue a PO or written confirmation and you accept it unconditionally. Any change to the Contract must be agreed in writing. We may withdraw from an intended purchase at any time before Goods are delivered/collected and accepted, unless we have agreed otherwise in writing.
3 Samples, photos and representations
You must provide clear visuals and/or samples on request so we can assess the Goods. Unless we agree otherwise in writing, samples are not returned (especially where low value). For samples exceeding £250 per item, return arrangements will be agreed case-by-case. You warrant that descriptions, manifests, grades and quantities you provide are accurate to the best of your knowledge and are not misleading.
4 Quality, compliance and labelling
Goods must match the agreed description/sample and be fit for lawful sale in the UK (and Ireland if agreed). You must ensure Goods comply with applicable UK laws and regulations, including product safety and any required labelling (e.g., fibre content, care labels, fire warnings where applicable).
5 Price and payment
Prices are as stated in the PO and, unless agreed otherwise, include all costs (packaging, carriage, insurance, duties/levies). Unless stated otherwise, payment is conditional on inspection, count and verification on receipt. Deposits (if agreed) may be required to secure a purchase and are non-refundable where you fail to complete the transaction, unless we agree otherwise in writing.
6 Delivery, inspection and acceptance
Delivery/collection arrangements are as stated in the PO. We may inspect Goods on or after receipt and Goods are not deemed accepted until we have had a reasonable opportunity to inspect and verify quantities and condition. If Goods do not conform to the Contract, we may reject them and require replacement, a price adjustment/credit, or cancellation and refund of amounts paid.
7 Risk and title
Risk and title pass to Enviroverstock only upon delivery and acceptance, subject to our right to reject.
8 Warranties and indemnities
You warrant that you have good title to the Goods and authority to sell them, and that the Goods do not knowingly infringe third-party rights. You will indemnify Enviroverstock for losses arising from your breach of these warranties, including reasonable legal costs and third-party claims relating to defective or non-compliant Goods supplied by you.
9 Termination
We may cancel a PO prior to delivery/collection without liability where you become insolvent, you materially breach the Contract, or we reasonably believe you will not be able to supply conforming Goods.
10 General and governing law
You may not assign your rights/obligations without our written consent. If any term is unenforceable, the remainder remains in force. These Purchase Terms are governed by the laws of England and Wales.