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Dorset BH23 2BT
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Trade Terms & Conditions
Trade T & C's
Please note: These Terms of Sale apply if you are purchasing goods in the course of business. If you are a consumer (i.e. you are not purchasing goods in the course of trade, our Terms of Sale for Consumer apply.
1. Application of these Terms
1.1 These Terms of Sale for Trade Customers (“Terms”) shall apply to the sale of all goods (“Goods”) by Peeks of Bournemouth Limited (“Peeks”) to customers acting in the course of business (“Customers”).
1.2 It is a condition of each sale that, unless agreed in writing by Peeks, these terms shall override any terms or conditions contained in or referred to in an order or other document from the Customer and that no alteration or addition to or substitution of these Terms by the Customer shall bind Peeks.
1.3 Peeks may change these Terms from time to time. Such changes will be displayed on the Peeks website.
2. Contract Formation and Cancellation
2.1 Except as otherwise expressly agreed in writing between the parties, before an order can be accepted, Peeks must receive an order by fax, telephone, post, e-mail or via the Peeks website from the Customer plus:
2.1.1 in the case of Customers who have a credit account with Peeks (“Existing Customers”) payment of any deposit required by Peeks; or
2.1.2 in the case of Customers other than Existing Customers, full payment for Goods including any applicable charges for handling, carriage, insurance, taxes, customs and duties.
2.2 If the order is made via the Peeks website, Peeks will acknowledge receipt of the order by sending an email to the address provided by the Customer in the order.
2.3 A legally binding contract shall only come into existence upon acceptance by Peeks of an order which acceptance shall be made by the delivery of the Goods.
2.4 All EC Customers must provide a VAT (or equivalent) registration number.
2.5 The Customer may not cancel or vary an order after the date when a binding contract comes into existence except with the written consent of Peeks. Such consent shall deemed to be given on terms that the Customer shall indemnify Peeks in full for the balance of the Price and against any resulting loss, costs, damages, charges and expenses incurred by Peeks as a result of such cancellation or variation.
3. Quotations and Price
3.1 Any price quotes given by Peeks shall not be binding.
3.2 The price of the Goods (the “Price”) shall be the price stated as at the date of order on the Peeks website. Any applicable charges for handling, carriage, insurance shall be payable in addition to the Price plus any applicable VAT or other taxes, customs and duties.
3.3 If any increase in taxes, duties, charges or assessments or increases in cost of labour or materials are levied against or incurred by Peeks for supply of the Goods after the date of order Peeks shall be entitled to charge the Customer the amount of such increase in addition to the Price.
4.1 The Customer shall pay all sums/outstanding sums due in respect of the Goods within 30 days of the date of Peeks’ invoice for such amounts.
4.2 All sums shall be paid in the currency in which such sums are invoiced by cheque made payable to ‘Peeks of Bournemouth Ltd’, by postal order or by credit card except where payments are made via the Peeks website when payments shall be made by credit card only.
4.3 Deposits shall not be shown on invoices but will appear on statements. The Customer agrees to pay all amounts due to Peeks in full and waives all rights and all and any future claim and rights of set-off or counterclaim in respect of such amounts.
4.4 Without prejudice to its other rights and remedies, the Customer’s failure to pay on the due date shall entitle Peeks suspend its performance of any of its contracts with the Customer and to charge interest on the amount unpaid both before and after any judgement at the rate of 2.5% above the base rate of the Bank of England from time to time in force per month or part month from the date payment became due until payment is received by Peeks such amount to be compounded quarterly. The Customer shall pay any costs incurred by Peeks in the recovery of overdue sums.
5. Availability of Goods
The items featured in the Peeks catalogues and on the Peeks website are offered for sale subject to availability. In the event that the Goods ordered are unavailable, Peeks shall be entitled as its option to supply the Customer with a substitute for the Goods ordered of equivalent quality and price or to cancel the contract for the sale of those Goods and refund all sums paid by the Customer for those Goods.
6.1 Peeks shall use its reasonable endeavours to comply with delivery dates but any dates specified for delivery are approximate and Peeks shall not be liable or otherwise in breach for any delay in delivery.
6.2 The Customer (or recipient of behalf of the Customer) shall receive the Goods (and where Peeks arranges delivery of the Goods, shall take delivery of Goods at the delivery address as specified by the Customer) and shall check the quantity and condition of such Goods in the presence of the carrier or Peeks (as applicable). If there is a shortage or the Goods are in unsatisfactory condition the Customer or recipient shall endorse the carrier’s or Peeks’ delivery document (as applicable) and shall give separate notice thereof to Peeks within three days of delivery. If this condition is not observed no claim in respect of shortage or unsatisfactory condition of Goods will be entertained and Peeks shall have no liability in respect thereof. If the shortage or defect is notified to Peeks within the time limit Peeks’ liability shall be limited to replacement of the defective goods or making good the shortfall. Any allegedly defective Goods shall be returned to Peeks for inspection. Peeks shall not be responsible for shortages or defects arising from misuse or neglect by the Customer.
6.3 The Customer shall be responsible for the costs of returning Goods which shall include a handling charge of 10% of the price of the returned Goods to Peeks whatever the reason for the return of the Goods.
6.4 Each delivery of Goods by instalments shall constitute a separate contract subject to these Terms and any failure to deliver in accordance with the contract or defect in the Goods in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
6.5 If the Customer fails to take delivery of the Goods proffered by Peeks (other than by reason of Peeks’ fault) then, without prejudice to Peeks’ other rights and remedies, Peeks may store the Goods and charge the Customer the reasonable cost of storage (including insurance).
6.6 Peeks reserves the right to make an additional charge for any delay caused by the Customer or its recipient in unloading, any re-direction of Goods or failure to provide accurate and adequate delivery instructions.
6.7 The Customer or recipient shall sign any delivery document accompanying the Goods at the time of delivery.
7. Ownership and Risk
Title to the Goods remains with Peeks until payment is received in full and until that time Peeks shall be entitled to dispose of the Goods, require the Customer to deliver up the Goods to Peeks or to enter upon the Customer’s premises or third party premises to repossess them. Risk of damage to or loss of the Goods shall pass to the Customer on delivery or if the Customer or its recipient wrongly fails to take delivery at the time when Peeks tenders delivery of the Goods.
8. Limitation of Liability
8.1 Except in respect of Peeks liability for death or personal injury caused by Peeks’ negligence in relation to which there shall be no limit, Peeks liability to the Customer for direct losses in respect of any particular contract for the supply of Goods shall be limited to the Price payable for the Goods. Peeks shall not be liable for any indirect, special or consequential loss or damage arising out of or in connection with the supply of the Goods to the Customer or their use examples of which include claims for loss of profits, loss of contracts, loss of opportunity, costs and expenses incurred or other claims for compensation.
8.2 The Customer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Peeks. The importation or exportation of certain of Goods to the Customer may be prohibited by certain national laws. Peeks makes no representation and accepts no liability in respect of the export or import of the Goods purchased.
9. Events beyond Peeks’ Control
Peeks shall not be liable for any failure to perform if the failure results from an event beyond its reasonable control, which shall include, without prejudice to the generality of the foregoing, act of God, explosion, flood, fire, accident, legal restrictions, adverse weather conditions, regulations, strikes or lockouts, difficulties in obtaining materials, labour or fuel, third party intervention or through power failure, computer network access failure or machinery breakdown.
10. Breach and Insolvency
Peeks may without prejudice to any other right or remedy available to it, suspend delivery, repossess the Goods, dispose of the Goods and/or terminate any contract made on these Terms forthwith by written notice to the Customer if the Customer shall be in breach of contract or if the Customer shall make or offer to make any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for purposes of amalgamation or reconstruction without insolvency) or an encumbrancer takes possession, or a receiver is appointed in respect of any of the property or assets of the Customer or the Customer ceases or threatens to cease to carry on business or Peeks learns that any of the above events is about to occur.
11.1 Any provision of these Terms, which is held to be invalid or unenforceable shall be deemed to be severable and shall not affect the validity of the other provisions.
11.2 No waiver by Peeks of any breach of or failure to enforce any terms of the contract shall be considered as a waiver of any subsequent breach or failure of the same or any other terms of the contract.
11.3 Save as expressly provided in these Terms, (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.6 A person who is not a party to a contract made on these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of such contract.
11.7 Contracts made on these Terms shall be governed by and construed in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the English Courts.