The following are the terms and conditions of sale (‘Conditions’) of Cool Linen. These Conditions apply to all sales of Products by Cool Linen to the exclusion of any other Conditions unless otherwise agreed in writing by a duly authorised representative of Cool Linen.
In these Conditions, the following Definitions apply:
‘Contract’ refers to any contract made between Cool Linen and the Customer for the sale and purchase of any Products.
‘Customer’ refers to any person firm or organisation purchasing any Products from Cool Linen.
‘Product’ refers to any goods and/or services to be supplied to the Customer by Cool Linen in accordance with these Conditions.
All orders are accepted at Cool Linen’s discretion subject to these Conditions to the exclusion of any Other terms and conditions subject to which any such order is made or purported to be made by the Customer unless there is express written confirmation from Cool Linen stipulating specific amendments.
Orders are deemed accepted and a Contract formed on release of the Products to the carrier or if earlier upon confirmation of acceptance (in writing) by Cool Linen. Cool Linen reserves the right to refuse any order without providing a reason.
Any Customer placing an order warrants that it is legally capable of entering into binding contracts and (if an individual) is at least 18 years old.
Products are sold at the prices prevailing in Cool Linen’s website or individual quotation as applicable at the time of ordering. All prices are subject to VAT and exclude delivery charges.
Delivery charges in relation to carriage, transport costs, and unloading shall be paid by the Customer in addition to the price for the Products.
Delivery charges are set out in Cool Linen’s website or individual quotation as applicable or shall be separately advised to the Customer.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer invoice or other document or information issued by Cool Linen shall be subject to correction without any liability on the part of Cool Linen.
The prices for Products do not include fitting charges. Unless Cool Linen expressly offers to provide fitting services in a quotation, the Customer shall be solely responsible for arranging for Products to be fitted and for payment of associated fitting charges to the fitter selected by the Customer.
Customers who have been granted a credit account facility by Cool Linen may choose to have their order charged to their account. Cool Linen may withdraw credit facilities at their own discretion at any time.
Payment terms for credit accounts are thirty (30) days from the date on the invoice, unless otherwise agreed.
Cool Linen reserves the right to charge interest on overdue invoices at the rate of 4% above Bank of England Base Rate, subject to a minimum rate of 8%.
In all other cases, the Customer shall pay for the Products at the time of ordering. Orders can be paid for by debit or credit cards. Cool Linen accepts MasterCard, Visa Electron, Visa Debit, Amex and Paypal. If the Customer wishes to use an alternative method of payment, such method of payment shall be at the discretion of Cool Linen. Cool Linen reserves the right to charge a processing fee for debit or credit card transactions. Any such charge will be advised at the time of payment.
Products ordered shall not be despatched until full payment is received in cleared funds, except at Cool Linen’s discretion or where the Customer ordered Products with instructions to have the order charged to its credit account/s.
The time of payment of the price shall be of the essence of the Contract.
Cool Linen reserves the right to make changes to the range of Products offered from time to time, including additions, deletions and changes in specification.
Products are designed for the purposes specified and no warranty is given that they shall be suitable for purposes other than those described in Cool Linen’s current website.
Cool Linen’s employees or agents are not authorised to make any representations concerning the Products unless confirmed in writing by a director of Cool Linen and the Customer acknowledges that by entering into a Contract it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
While Cool Linen has made every effort to ensure that Products offered are shown as accurately as possible in its current website, the Customer should check any details and information they wish to rely on with Cool Linen at the time of purchase. Cool Linen cannot accept liability in respect of any errors or omissions contained in its website or for any loss or damage, malfunction or consequential loss arising from reliance upon these publications. (e.g. variances in colour or specification between any Cool Linen publications and the actual product supplied).
Whilst Cool Linen has made reasonable effort to ensure that details and information given in its website are accurate at the time of issue, full technical specifications are not necessarily included and the right is reserved to alter details and information as the need arises.
If a Product is out of stock or unavailable at the time of ordering, the Customer shall be informed accordingly as soon as reasonably practicable thereafter.
Any promotional or special offers on Products are only available while stocks last.
Delivery of a Customer’s order may be made either in a single shipment, or part orders may be shipped, at Cool Linen’s discretion.
Time of delivery is not of the essence and Cool Linen does not guarantee any delivery times. Cool Linen will use reasonable endeavours to deliver each of the Customer’s orders for the Products within the time advised by Cool Linen when Cool Linen accepts an order or if no time is advised within a reasonable time. If Cool Linen is unable to fulfil any delivery on or by the specified date, Cool Linen will not be deemed to be in breach of Contract. Any delay in delivery will not entitle the Customer to cancel the order or to receive a refund of any monies paid unless and until the Customer has given 21 days’ written notice to Cool Linen requiring the delivery to be made and Cool Linen has not completed delivery within that period. The Customer shall have no other remedy in respect of late delivery.
Cool Linen shall not be liable for any direct, indirect or consequential loss caused by any delays in delivery and shall not reimburse any expenses or other claims made by the Customer.
Unless otherwise agreed at Cool Linen’s sole discretion, all Products ordered by the Customer shall be delivered to the address where the payment card or credit account holder is registered. In the event that the carrier is unable to deliver to the Customer through no fault of either Cool Linen or the carrier and, either an additional delivery journey is required, or the Products have to be returned to stock, then additional carriage charges and/or handling fees shall be charged to the Customer. (This clause excludes carriage charges for the replacement of defective goods).
Cool Linen reserves the right to defer the date of delivery or cancel the Contract or reduce the volume of the Products ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Cool Linen including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to Cool Linen to terminate the Contract.
If the Customer establishes to Cool Linen’s reasonable satisfaction that there is a defect in the Products or there is some other failure by Cool Linen in relation to the conformity of the Products with the Contract, then Cool Linen shall, at its option and at its sole discretion and within a reasonable time:
- refund the Customer or replace such Products with products which are in all respects in accordance with the order; or
- issue a credit note to the Customer in respect of the whole or part of the price of such Products (and reasonable costs incurred by the Customer returning such Products) as appropriate having taken back such Products. The liability of Cool Linen under this Condition shall in no event exceed the purchase price of such Products and the reasonable postage /delivery costs incurred by the Customer returning the defective Products; and performance of any one of the above options shall constitute an entire discharge of Cool Linen’s liability.
This Condition shall not apply unless the Customer:
- notifies Cool Linen of the alleged defect within 15 days of receipt of the Product/s; and
- affords Cool Linen a reasonable opportunity to inspect the relevant Products.
If Cool Linen elects to replace the Products pursuant to this Condition, it shall deliver the replacement Products to the Customer at its own expense at the address to which the defective Products were delivered. Such delivery will be made only after the Customer has returned the defective Products to Cool Linen. The legal title to the defective Products which are being replaced shall (if it has vested in the Customer) re-vest in Cool Linen and the Customer shall make any arrangements as may be necessary to deliver up to Cool Linen the defective Products which are being replaced by Cool Linen.
Cool Linen shall be under no liability under the warranty in this Condition:
- in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Cool Linen’s or the manufacturers instructions whichever is appropriate (whether oral or in writing); or
- if the total price for the Products has not been paid by the due date for payment; or
- in respect of any type of defect or damage specifically excluded by Cool Linen by notice in writing; or
- if the Customer makes any further use of the Products after giving notice in accordance with this Condition; or
- if the Products are not returned with the original relevant delivery documentation and in their original packaging.
For returns of standard Products other than those that are defective, Cool Linen shall also replace these provided that:
- they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer’s expense;
- they have not been used and are in a re-saleable condition; and
- the Customer returns the Product/s to Cool Linen within seven (7) days from the date of delivery of such Product/s. Unless Products are returned due to defects, Cool Linen reserves the right to make a 15% administration and restocking charge. Charges apply for collections of returned Products if organised by Cool Linen, which will be advised at the time of arrangement. Delivery charges will apply for any delivery of replacement products at the prevailing delivery charge rates.
Cool Linen will at its own discretion provide samples on request. Samples costing over £15 or €15 will be charged at full price but refunded in full on receipt by Cool Linen of the returned sample.
Credit for the return of samples will be applied to the customer’s account, provided that:
- they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer’s expense; and
- they have not been used and are in a re-saleable condition; and
- the Customer returns the Product/s to Cool Linen within seven (7) days from the date of delivery of such Product/s.
Cancellation of Orders
If a Customer has contracted as a consumer (ie acting for purposes outside his business) such Customer may cancel a Contract at any time within fourteen working days beginning on the day after he receives the Products.
In this case, Cool Linen shall refund the price paid for such Products. Notice of cancellation must be in writing and sent by email for the attention of The Customer Service Manager, firstname.lastname@example.org.
Except as set out above, Cool Linen shall be under no obligation to accept cancellation or amendment of any order once accepted by Cool Linen. Where such cancellation or amendment is accepted by Cool Linen, Cool Linen reserves the right to charge a reasonable cancellation or amendment fee.
Risk and Title
Risk in the Products shall pass to the Customer on delivery.
Notwithstanding the above, the Products remain the property of Cool Linen until the monies due to Cool Linen for the Products have been paid in cleared funds.
In the event that the Customer
- fails to make payment timeously; or
- commits a material breach of any term, condition or obligation under this Contract; or
- has any judgement taken or levied against it, is deemed unable to pay its debts with the meaning of Section 123 of the Insolvency Act 1986 or otherwise; has its property ceased or charged; or in the case where a Corporation goes into liquidation or has a receiver of the Customer or Administrator appointed;
Cool Linen may, without prejudice to any other rights and remedies available, by notice in writing, enter any premises to recover the Products and take any other necessary steps.
Where the Products are supplied for export from the UK the following shall (subject to any special terms agreed in writing between the Customer and Cool Linen) apply notwithstanding any other provision of these Conditions.
The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
Payment of all amounts due to Cool Linen shall be made before delivery.
Cool Linen shall provide the Customer with a quotation for delivery at the time the order is placed.
Liability of Cool Linen
The warranties set out in these Conditions are the only warranties which shall be given by Cool Linen and to the fullest extent possible at law all warranties, conditions and other terms implied by statute or otherwise are expressly excluded (other than the conditions implied by section 12 of The Sale of Goods Act 1979).
The total liability of Cool Linen in contract tort or otherwise in respect of any Products supplied under any Contract shall be limited to the price of such Products unless expressly stated otherwise in these Conditions.
Cool Linen shall not be liable to the Customer for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Customer to any other person for any economic loss, claim for damages or awards howsoever arising from the Products or otherwise.
Nothing in these Conditions shall limit or exclude Cool Linen’s liability for negligence causing death or personal injury, for fraud or fraudulent misrepresentation, or for any matter which it would be illegal for Cool Linen to exclude or attempt to exclude and nothing in these Conditions shall affect any statutory rights available to anyone dealing as a consumer (as defined in the Consumer Rights Act 2015).
Unless Cool Linen has agreed to offer fitting services under a quotation, Cool Linen has no responsibility for the actions of the Product fitters and shall not be liable to the Customer for any loss or damage caused by Product fitters (whether to Cool Linen’s Product or to the Customer’s property) and the Customer shall seek to recover any such loss or damage directly from the Product fitter.
Cool Linen may assign any Contract or any part of it to any person firm or company.
The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of Cool Linen.
Any failure or delay by Cool Linen in enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
If any provision of these Conditions is held by any competent authority to be to be invalid or unenforceable in whole or in part, the validity of the other provisions in question shall not be affected thereby.
Cool Linen reserves the right to amend these Conditions from time to time. A copy of the current Conditions is always available from Cool Linen on request.
Orders placed are subject to the Conditions prevailing on the day the orders are placed.
All notices given by the Customer to Cool Linen must be given to Crown House, 27 Old Gloucester Street, London, WC1N 3AX. Cool Linen may give notice to the Customer at either the email or postal address the Customer provides to Cool Linen when placing an order or the place of business of the Customer. Notices shall be deemed to have been received 24 hours after an email is sent or 48 hours after posting (5 days if posted outside the UK).
These Conditions and any Contract shall be governed by and construed according to English law. Any dispute shall be subject to the exclusive jurisdiction of the Courts in England.