Terms & Conditions...

1 Terms

1.1 “Company” means Apollo Sales Ltd or any of its subsidiaries, associated companies or partnerships.

1.2 “Buyer” means the person, firm or company placing an order with the Company.

1.3 “Goods” means any item or material supplied to the Buyer by the Company.

1.4 “Contract” means the contract for the supply of goods by the Company to the Buyer, which, however made or communicated, shall be made subject to these terms and conditions

2 Formation of Contract

2.1 All goods sold by the Company are sold subject to these terms and conditions and these shall be deemed the sole terms and conditions of any sale by the Company to the Buyer unless otherwise expressly agreed in writing by the company. Terms and Conditions on the Buyers order form or other similar documents shall not be binding on the Company and the placing of an order for or the acceptance of the goods by the Buyer shall indicate acceptance of these terms and conditions.

2.2 All Buyers are required to complete a “Trade Account Application” prior to the Company offering wholesale terms.

3 Value Added Tax

3.1 The Company is VAT registered and shall be entitled to charge the amount of VAT payable whether or not included in any quotation or invoice.

3.2 All trade prices including the “Wholesale price” are quoted net of VAT.

3.3 Suggested retail prices are quoted inclusive of VAT.

4 Cost Variation

4.1 The Company reserves the right at any time prior to delivery of the Goods to adjust the price to take account of any currency fluctuations affecting the cost of imported items.

4.2 The Company reserves the right at any time prior to delivery of the Goods to alter or amend the price to coincide with supplier’s price changes and fluctuations.

4.3 Apollo will notify the Buyer of the effect of price changes on their order before delivery of the goods giving the buyer the choice of accepting the revised pricing or making changes as appropriate.

5 Delivery and Shipping

5.1 We strive to ship on the same day for all orders received before 13.00 GMT. Back orders are shipped in accordance with instructions from Buyers. The customer is responsible for all freight charges, insurance and handling charges in accordance with the Company’s published tariff, or as advised from time-to-time.

5.2 The delivery of the products ordered will not necessarily be the responsibility of the Company unless specified and agreed in writing. Any costs incurred for delivery will be the responsibility of the Buyer and will be deemed part of these terms and conditions.

5.3 We will make every effort to deliver the correct quantity, type and style of Goods to the Buyer but the Company accepts no responsibility for loss, delay or damage of goods sent by post or carrier at the Buyers request and the Company reserves the right to make an extra charge for the re-supply of any Goods under these circumstances.

5.4 UK mainland shipping, excluding Highlands of Scotland, is £12 for orders up to £200, £17 from £201-£999, £25 for orders of £1,000 or more. (All values exclude VAT). We use overnight courier delivery as standard. Other destinations charged at cost.

5.5 Back orders that are shipped at a later date due to Apollo Sales Ltd being out of stock will be sent free of charge.

5.6 Items ordered by overseas customers that are out-of-stock are not placed on back order but automatically cancelled. Customers should re-order when items are available and will be required to pay all shipping charges.

6 Refused/Returned Orders

6.1 We will endeavour to redeliver refused/returned orders with the additional shipping charges added to the invoice. Orders returned a second time will only be shipped upon receipt of the payment in full. There is a 20% restocking fee plus all shipping costs are charged for on restocked orders. Refused orders can cause your account to be placed on a “prepaid only” basis.

7 Discounts

7.1 We provide volume based discounts based on a published scale that can be varied or withdrawn by the company at any time.

7.2 We may offer an alternative discretionary discount for customers that are prepared to commit to volume levels over an extended period. Please contact the Apollo Wholesale Manager to discuss your requirements.

7.3 Any discounts agreed or offered specifically exclude DVD or Video products.

8 Credit Terms

8.1 Credit terms will not be agreed until a reasonable history of trading has been established. This requires three stock orders to be paid in advance, satisfactory references and is for UK registered businesses only.

8.2 New accounts or accounts where credit terms have not been agreed or credit terms have been suspended are required to pay by cheque, credit or debit card or bank transfer prior to goods being shipped. Credit accounts may be requested by completing the Company “Credit Application Request” from.

8.3 Where credit terms have been agreed payment for goods is strictly 30 days from invoice date.

8.4 The Company reserves the right at any time, at its discretion, to demand a security payment or payment in full in advance from a buyer even if existing credit terms are available.

8.5 All goods remain the property of the Company until paid for in full. The Company reserves the right to reclaim all and any goods, which have not been paid for in full. It is the customer’s responsibility to ensure that all goods supplied by Apollo Sales Ltd are separately identifiable as products supplied by them at all times until the invoice is paid.

9 Late Payments

9.1 A Finance charge of 3% per month (APR 36%) will be charged on overdue amounts, calculated on a daily basis. Continued late payment will cause your credit facilities to be withdrawn.

10 Special Offer Policy

10.1 Apollo regularly makes special offers to customers on sale items, stock closeouts and special purchases. These products are heavily discounted. Additional volume discounts may not be available on such items. We will advise you accordingly.

11 Faulty and Product Defects

11.1 Items found to have manufacturing defects must be reported within 14 days from receipt. Contact your sales representative or Apollo head office for a replacement or return. All returns require a return authorisation number.

12 Damages and shortages

12.1 All merchandise is inspected to ensure that it leaves our warehouses in perfect condition. All concealed damage or shortages must be reported to the Company within 48 hours from the receipt of goods.

12.2 If you receive a delivery that has exterior damage, has been opened, or re-sealed you must file a claim at the time of delivery with the carrier. Save the original cartons and packaging for inspection by the courier. Contact your sales representative or the Company head office with the reference number assigned to you by the carrier.

13 Force Majeure

13.1 Every effort will be made to carry out the contract but its due performance is subject to the cancellation by the Company or to such variation as the Company may find necessary as a result of the inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislator or any other cause (whether of the foregoing class or not) beyond the Company’s control.

14 Claim

14.1 Advice of damage, delay or partial loss of Goods in transit or of non delivery must be given to the Company and the carrier within 48 hours of the delivery or in the case of non delivery within 3 days of despatch and any claim in respect thereof must be made in writing to the company and the carrier within seven days of the delivery or non delivery. The Company cannot be held responsible for and delivery made by a third party in any event.

15 Illegal Matters

15.1 The Company shall not be required to handle any matter it deems to be or may be of an illegal or libellous nature supplied by the Buyer, it’s Agent or any other third party.

15.2 The Company shall be indemnified by the buyer in respect of any claims, cost and expenses arising out of any libellous matter printed for the Buyer and the Company or any Infringement of copyright, patent or design.

16 Law

16.1 These terms and conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England and all disputes arising in connection with the contract shall be submitted to the jurisdiction of the English Courts.

17 Copyright and Intellectual Property

17.1 The Company reserves all rights to any and all of its printed matter. This may not be replicated, copied, reproduced or transmitted in any format by a Buyer to a third party without the prior consent of the Company.

17.2 The Company reserves the right to change or amend any picture files that may be offered for promotional use without prior warning.

18 Minimum Order

18.1 The minimum trade order that the company will accept from wholesale customers is £100 ex VAT.

19 Back Orders

19.1 If orders are placed where items are out-of-stock, customers may choose as standard procedure either to have out-of-stock items held on the system and supplied when available, or cancelled. This choice may be changed at any time. If the Company is not advised of a customer preference then the default will be applied which is to supply out-of-stock items when available.

19.2 If the Customer asks us to supply back order items, then the discount percentage will be calculated on the value of the total order received. If the Customer asks us to cancel out-of-stock items then the discount percentage will be calculated on the value of the order invoiced in the single delivery.

20 Amendment to Terms and Conditions

20.1 The company may, at its sole discretion, amend these terms and conditions from time-to-time at its discretion. Such amended terms and conditions shall be binding on the Buyer provided that the Buyer has received 30 days written notice of such amendment.