PLEASE READ OUR SALES TERMS AND CONDITIONS BELOW:
These pages contain information on the terms and conditions for purchases made from DiscountHouse. In order for us to accept any order you must read and accept the Following Terms & Conditions of sale. All sales made online or direct are subject to our sales terms and conditions and must be read and acknowledged each time you make a purchase. By purchasing any stock from us, you are agreeing to the terms and conditions below, none of this affect your statutory rights as a consumer.
SALES TERMS AND CONDITIONS
Discounthouse is a trading name of Montale Ltd, registered address at 3-7 Wyndham St, Aldershot-Hants GU12 4NY, UK
Registered in England No:3600300 Vat No: 8263 93608
All sales are subject to our full terms and conditions (below).
Standard conditions of sale
1.1 "Buyer" means the trader who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.4 "Products" means those goods specified.
1.5 "Price" means the price for the Products EXCLUDING carriage and VAT unless specified otherwise.
1.6 "Seller" means DiscountHouse.
2. Conditions of Sale
2.1 The Seller shall sell and the Buyer shall purchase the products in accordance with any verbal or written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 By using this website you confirm that you are doing so in the course of business and not as a consumer and have authority to bind any business on whose behalf you use this website.
2.6 That on no occasion will any catalogue or other promotional literature belonging to any source company or its association firm and companies be used in any way whatsoever in connection with the resale of the merchandise.
2.7 That all the MERCHANDISE sold to THE PURCHASER there under is sold without guarantee as to fitness for purpose and on the understanding that the purchaser will ensure that the goods are made safe and serviceable before re-sale. No warranty whether expressed or implied by law will attach to any such sale. It is the prerogative of a purchaser to inspect the merchandise offered for sale. DiscountHouse will assume that such an inspection has been made. Arrangement to inspect can be made with appropriate warehouse staff.
2.8 THE PURCHASER will indemnify DiscountHouse from and against any claims whatsoever resulting directly or indirectly from the resale of THE MERCHANDISE by THE PURCHASER
2.9 All stock is sold “ex warehouse” DiscountHouse Staff will provide assistance to load stock if required. Collection costs and arrangements are the responsibility of the purchaser. Any delivery arrangements will be based on agreed cost and to prior mutual arrangements.
3.0 No returns will be accepted from the purchaser, and no credit will be allowed for previously undiscovered defects, discrepancies in description or in quoted quantities. All pallet lists are provided by the source company and are beyond our control.
3.1 DiscountHouse can cancel any order received where it can't establish the validity or stock availability. Any errors and emission by the server or cart will be subject to correction and customer will be notified of such change.
3.2 All cancelled bulk orders placed verbal or in writing will be subject to a 10% re-stocking surcharge of the total invoice value,where buyer fail to complete the payment for the balance and or failed to take the delivery within a specified period.
3.3 There will be a demurrage or storage charged where buyer failed to accept delivery or arrange collections. The buyer will be notified verbally or in
writing by DiscountHouse when the stock is ready to be dispatched/collected. The normal time frame allowed for such collections is 5 working days unless otherwise any
extended period is agreed by DiscountHouse in writing.The demurrage can be upto £10 per pallet per week.
General Terms and Conditions
These terms and conditions shall be governed by and construed according to English Law.
Any agreement made may be terminated if the trader in any way fails or neglects to carry out or observe any of the provisions made in the following Terms and Conditions.
Please note that there is no guarantee of availability of merchandise for sale to the trader.
Although DiscountHouse will endeavour to ensure the accuracy of all information made available on the web site, neither DiscountHouse nor any directors, employees or other representatives will be liable for damages of any kind arising out of or in connection with the use of this site.
Price and availability information is subject to change without notice.
All prices quoted exclude VAT at current UK rate.
All goods remain the property of DiscountHouse until paid for in full.
All goods unless otherwise stated are untested and will need to be tested or repaired. No guarantee is offered or implied.
All deliveries are subject to stock availability and prices are for guide only and can changed from time to time and depends on post codes, every effort is made to keep the cost of delivery down to minimum and any changes will be advised before booking your orders. Our delivery cut off time is 12.30pm. Orders placed after this time will be dispatched next day or on the agreed time. All deliveries dispatched and received during the week in office hours, no delivery will is dispatched or received on weekends exept where prior special arrangements has been agreed and made in writing.
All sales made through this website and through our company are trade sales only. You can cancel your order before collection/dispatched the goods, our dispatch cut off time is 12.30pm Mon-Fri, once the goods are dispatched or collected, no returns are accepted, returns are only accepted if goods are significantly not as described i.e wrong pallet is delivered - we do not accept returns on catalogue returns or untested goods if the reason is the condition of the goods or customer just changed its mind after collection or delivery has been made- You are buying returns and will receive damaged items within parcels. If you have a problem with any delivery, you must notify us by phone or e-mail within 48 hours of receipt of your goods.
We will only accept goods back if sold as New or Graded with any RTB warranty specified in writing before sale, such warranty is not offered with all new or graded stock unless it is specified before sale in writing. Once this kind of return is agreed, it must be made in the original packing, complete as sent in quality and quantity and are sent via secure or insured delivery service which requires a signature at the time of delivery. We do not refund for your shipping charges out or for the return unless we have made the error on the original supply of goods.
In all cases you must contact us before any return is made and all returns must be agreed by us. Once agreed we will give you a return reference number and / or name of a reputable shipper or courier who can help with the return. Once a return is agreed you have 7 days to complete the process. After this time we reserve the right to refuse the goods. You may also be subject to a handling charge to cover our expense in re-stocking the item, this will of course depend on the circumstances or reason for return
The goods sold on this site are sold as ‘Trade’ and as a customer purchasing via this site you are not covered by legislation that protects non-trade consumers. Regardless of the classification of the stock on sale, all merchandise sold on this site is sold without any form of warranty or guarantee. As a perspective purchaser you need to consider these facts before buying and reflect this in any purchase you make. It is therefore, mandatory to read and agreed to our sales terms and conditions before making any purchase through our website or direct from us. Seller will assume that such acknowledgment has been made once an order has been placed.
You have a right to cancel your order before its being dispatched or collected. A full refund will be issued once we received a cancellation confirmation in writing by email and phone before our dispatch cut off time which is 12.30pm Mon-Fri. If you cancel your order after it has been dispatched and its currently in transit to you, then return delivery cost to our warehouse will be charged. No refunds is offered once you received/collected your goods. Any other issues relates to quantities/transit is covered in our "Returns" section above.
If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer or the pallet/stock bought is no longer available then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify the buyer at the address/ email given on the order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment or any third party financial losses suffered due to such cancellation.
This does not affect any statutory rights that you may have to the extent that such rights are not excluded or limited under these terms and conditions.
You are responsible to make adequate investigation to the trade that you are entering. We are a trade company, if you are unsure what you are buying then please seek advice from us or independently. All information given by our staff and company web site is to be used as a guide only.
Company Name -Trade Marks- Website
All the contents and images used on our website are copy protected and under no circumstances can be copied,scanned or reproduced by anyone without our written consent.
All references to the Company or associated firms shall be removed from any merchandise prior to resale.
No referral to the Company or associated firms will be used in connection with the resale of merchandise.
There will be no use of catalogues or promotional materials belonging to the Company or associated firms in connection to the resale of merchandise.
The merchandise will correspond with the description at the time of sale from the DiscountHouse to the Trader. No other guarantee will be made as to quality and fitness for purpose will be given whether implied by law or otherwise.
DiscountHouse will not be liable against any actions, claims, and demands arising directly or indirectly from the resale of merchandise by the purchaser. Goods sold within the EEC
All goods are sold only on the condition that the buyer meets all health and safety regulation and current trading standards regulations within the EEC. The buyer also agrees to make safe or use for spare parts any damaged or faulty goods before offering them for sale to a third party or members of the public. Goods sold outside the EEC
All goods sold outside the EEC must comply with relevant laws, rules and regulations applying to each particular country.
Toys must comply with the Toys Safety Regulations 1994 BSEN71 and Electrical Toys BSEN50088.
All Toys must carry a CE mark and Name and Address of the European Company responsible for the mark.
Plastic Bags containing toys must be over 38 microns thick and carry a child-warning label.
The following checks must be made and must not be sold until they have been carried out.
Instructions and completeness of toy for safe assembly.
No sharp points or edges, any internal parts exposed except those originally there to enable use.
Any toys using low voltage mains power adaptor are checked to British Standards EN60335 before resale.
Electrical/ Audio Electrical/ electrical merchandise is sold on the basis that it is repair/reconditioned prior to sale to comply with the Electrical
Equipment Regulations 1994.
Safety tests complying with BSEN 60065/ EN60335 must be carried out prior to sale.
All domestic appliances must comply with the plugs and socket etc. (safety) regulations.
Description of Grades
This kind of stock goes through basic testing and has been found to have a fault of some description. Therefore, the stock may be best suited for anyone who has the resources to repair the goods or use them as spares. No guarantee expressive or implied apply to this stock.
UNTESTED CATALOGUE RETURNS STOCK
The stock are un-checked customer returns from High Street Catalogue Stores and Large Mail Order Companies. This consists of merchandise returned to the SOURCE COMPANY* as being faulty or defective in some way which for any reason cannot be returned to the original manufacturer. Also merchandise which has suffered from accidental damage within the SOURCE COMPANY'S distribution system, the merchandise may be damaged or it may simply be packaging damage. Part or incomplete items include multipart merchandise where one or more components is missing. In general this category will include both damaged and perfect stock, no guarantee as to the breakdown of damage and perfect stock whether expressed or implied by law will attach to any such sale.
All goods is sold on the basis that these are customer returns and have some sort of fault or damage and will be repaired or reconditioned by the purchaser as necessary PRIOR TO RESALE. Safety tested complying with BS 415 must be carried out on merchandise and any remedial work completed BEFORE IT IS OFFERED FOR RESALE. All such stock sold without any warranty expressive or implied without any exceptions.
This means that the customer must be aware that none of our products are brand new unless specified as such. Graded products are goods that have been factory reconditioned. This means that once returned they have been processed by the manufacturer, tested, fixed and repackaged. The manufacturer cannot re-sell these products as new once they have been returned. This is where we come in.
As you now know neither Graded nor Untested are classed as new and in both cases the goods can be faulty. The graded stock however is of a high standard (although sometimes may have cosmetic blemishes) and we buy them on the grounds that it is functioning stock.
As well as this we cannot offer any guarantees on our stock, nor do we accept returns. This is the same whether you buy from our warehouse, over the phone or online.
If you have read these conditions and you are happy with the descriptions of the quality of our stock, then please feel free to browse the site and purchase anything that you feel fulfils your requirement.
END OF LINE NEW PRODUCTS
On times we may have end of line new products to trade off. These are normally end of line, surplus stock or discontinued items. We buy them on the grounds that there are fully functioning stock. Unless otherwise stated we do not offer any warranty on these products or any refunds if the stock is found to be defective. If a warranty is indicated in writing, it will be offered on a return to base scheme where the product will be repaired or replaced within a reasonable amount of time. All costs of transport will be at buyer's cost. Please note that Brand New means that the product has not been sold to another customer in the past and may include ex display models, we will do our best to highlight this where possible. These loads may have stock with packaging blemishes and some carriage defects.
APPENDIX: CONFIDENTIALITY PRIVACY AND DATA PROTECTION
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
1.1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 1 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
1.2. The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and Montale Ltd (“the Provider”) is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Schedule 1 hereto sets out the scope, nature and purpose of processing by the Provider, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject (as defined in the Data Protection Legislation).
1.3.Without prejudice to the generality of clause 1.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Provider for the duration and purposes of this agreement.
1.4 Without prejudice to the generality of clause 1.1, the Provider shall, in relation to any Personal Data processed in connection with the performance by the Provider of its obligations under this agreement:
a) process that Personal Data only on the written instructions of the Customer unless the Provider is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Provider to process Personal Data (Applicable Laws). Where the Provider is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Provider shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Provider from so notifying the Customer;
b) process the Personal Data only for the purpose set out in Schedule 1 hereto;
c) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
d) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
e) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
i) the Customer or the Provider has provided appropriate safeguards in relation to the transfer;
ii) the Data Subject has enforceable rights and effective legal remedies;
iii) the Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
iv) the Provider complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
f) assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
g) notify the Customer without undue delay on becoming aware of a Personal Data breach;
h) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Agreement unless required by Applicable Law to store the Personal Data; and
i) maintain complete and accurate records and information to demonstrate its compliance with this clause.
1.5 The Customer consents to the Provider appointing 1.5 as a third-party processor of Personal Data under this agreement. The Provider confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 1.5. As between the Customer and the Provider, the Provider shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 1.5.
1.6 Either party may, at any time on not less than 30 days’ notice, revise this clause 1.6 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
PROCESSING, PERSONAL DATA AND DATA SUBJECTS
PROCESSING BY THE PROVIDER
PURPOSE OF PROCESSING
For administering and delivering the service of the Provider under the Agreement, any follow-up dealings over payment for the service and marketing and advertising further products supplied to or by the Data Processor
DURATION OF THE PROCESSING
For the duration of delivering the service of the Provider under the Agreement, and any follow-up dealings over payment for the service and marketing and advertising further products supplied to or by the Data Processor
TYPES OF PERSONAL DATA
All details identifying or relating to the identification of the Data Subject, including without prejudice to the generality of the foregoing contact details, such as telephone number, address, email and fax; family, lifestyle, education/training, employment or financial details
All contractual details relevant to the parties and/or to the Agreement
CATEGORIES OF DATA SUBJECT
Suppliers and manufacturers involved in the goods subject to the Agreement; Customers and directors in Customer companies.
By purchasing a product you are agreeing to the above terms and conditions none of the above affect your statutory rights as a consumer.
LAST UPDATED-10th May 2018
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