Terms and Conditions

General terms and conditions of sales and delivery relating to all sales of goods by MDA INTERNATIONAL FASHION LTD (“Company”)

    1. The price of the goods is exclusive of VAT. Freight and delivery charges are the responsibility of MDA.
    2. An order is to be cancelled, in writing, within 21 days after the Buyer has placed the order. In case of cancellation after this period, the customer shall owe a fixed compensation of 30% of the value of the order.
    3. Buyer must respect the retail mark-up rate of 2.75 on all goods.
    4. Buyer must not go into sales discount until July (for ‘Spring/Summer’ goods) and December (for ‘Autumn/Winter’ goods).
    5. The Buyer must inform MDA of any returns within 30 days of the Delivery Date.
    6. Full payment shall be duly effected on the agreed date, this timing is of the essence.
    7. The Company may charge interest at 2% per month on any sum not paid on the due date. Such interest shall run from day to day and accrue after as well as before any judgement and shall be compounded monthly until payment thereof.
    8. Buyer shall not be entitled to withhold any payment on the grounds that it has a claim, counterclaim or setoff against the Company.
    9. After delivery, the goods shall be at the Buyer’s sole risk in respect of any loss or damage arising from any cause whatsoever.
    10. Time for delivery shall not be of the essence and delivery dates are intended as an estimate only. The Company shall not be liable for any loss or damage whether arising directly or indirectly from delay in delivery.
    11. The Company may deliver the goods by instalments and may invoice the Buyer for each instalment.
    12. (a) To the extent permitted by Law, all conditions, warranties or obligations whether express or implied by statute, common law or otherwise are excluded and the provisions of these conditions shall apply in lieu thereof. (b) Nothing in these conditions shall exclude or restrict any liability for death or personal injury resulting from the Company’s negligence, as that expression is defined in Section 1 of the Unfair Contract Terms Act 1977.
    13. (a) Notwithstanding delivery the property in the goods will remain in the company and subject to the following provisions of this condition. Buyer will hold the goods as bailee for the company until payment in full of the price for the goods and all other sums due from buyer to the company on any account whatsoever (“Payment”). (b) If buyer (before payment) sells the goods to any third party, it shall as between Buyer and such third party sell as principal but as between Buyer and the Company, Buyer shall sell as the fiduciary agent of the Company. (c) The Company may at any time without notice recover possession of goods the property of the Company and Buyer grants to the company irrevocable licence to enter for that purpose any premises then occupied by Buyer.
    14. Any contract to which these conditions apply is subject to cancellation by the Company or to such variation as it may find necessary by reason of inability to secure labour, materials, transport or supplies or by reason of strike, lockout, trade dispute, weather conditions, hostilities, legislation, Act of God or any cause whatsoever beyond the control of the Company.
    15. The conditions shall be governed by and constructed in accordance with English law and Buyers submit to the non-exclusive jurisdiction of the English Courts.