Terms & Conditions of Sale
These terms and conditions govern the sale of goods by Direct Comfort to trade customers. By applying for a trade account or placing an order, you accept these terms.
1. Parties
These terms apply between Direct Comfort ([[TO CONFIRM: registered company legal name]], company number [[TO CONFIRM: to confirm]], registered office [[TO CONFIRM: registered address]]) ("we", "us", "Direct Comfort") and the trade customer named on the account ("you", "the Customer"). These terms apply to business customers only. If you are buying for yourself rather than for a business, our consumer terms of sale apply instead and give you rights that these terms do not.
2. Accounts and approval
2.1 To order at trade prices you must apply for a trade account and be approved by us. We review each application before approving an account. Trade accounts are open to businesses that resell or use our products, including pharmacies, health and beauty shops, hair and scalp clinics, salons, opticians, care homes and clinics.
2.2 We may decline, suspend or close an account at our discretion, including where we cannot verify the applicant's details, where we reasonably suspect misuse, or where an account falls into arrears.
2.3 You must keep your account details accurate and up to date, and are responsible for activity on your account.
3. Orders and acceptance
3.1 An order placed through our website is an offer to buy goods, subject to these terms. No contract exists until we accept the order, which we do by sending an order confirmation or pro-forma invoice.
3.2 We may decline or cancel an order, in whole or part, at our discretion — for example where goods are out of stock, where pricing has changed, or where payment cannot be verified. Where we cancel an order after payment has been taken, we will refund the amount paid.
3.3 The minimum order value is £50 net. We may decline orders below this threshold.
4. Pricing
4.1 Prices shown to approved trade accounts are trade prices. Recommended retail prices ("RRP") are shown for reference only and are not binding on you.
4.2 Direct Comfort is not VAT registered. No VAT is charged on any order.
4.3 Prices may change from time to time, including due to changes in our own supply costs. The price applicable to your order is the price shown at the time you place it.
4.4 We may run promotional offers on specific products from time to time. Offer terms will be stated alongside the offer and may be withdrawn or amended at our discretion.
5. Minimum order
The minimum order value is £50 net per order. This applies to the value of goods before delivery charges.
6. Payment
6.1 New accounts must pay for orders upfront, before despatch, by bank transfer or via a card payment link, against a pro-forma invoice.
6.2 We may, at our discretion, offer established accounts credit terms of 7, 14 or 30 days, together with a credit limit. Credit terms and limits may be varied, suspended or withdrawn by us at any time.
6.3 Where an invoice is not paid by its due date, we reserve the right to charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and to suspend further despatches or your account until payment is received.
7. Delivery and risk
7.1 Orders are despatched by Royal Mail Special Delivery Guaranteed by 1pm, signed for. Delivery charges are shown separately at checkout.
7.2 Delivery dates and times are estimates. We are not liable for delays outside our reasonable control.
7.3 Risk in the goods passes to you on delivery. Title does not pass until clause 8 is satisfied.
8. Title retention
Title to the goods remains with Direct Comfort until we have received payment in full for those goods. Until title passes, you must hold the goods on our behalf and keep them identifiable as our property. If payment is overdue, we may require you to return the goods or may enter your premises (with reasonable notice) to recover them.
9. Inspection, shortages and damage
9.1 You must inspect goods promptly on delivery.
9.2 Any shortage, damage, or discrepancy against your order must be reported to us within 48 hours of delivery, by email to orders@directcomfort.co.uk or by phone to 07836 794666. Claims made after this period may not be accepted.
10. Returns
10.1 Because we supply medical and hygiene products, we're not able to accept returns of correctly supplied goods once delivered, except as set out below or as required by law.
10.2 If goods are faulty, damaged in transit, or not what you ordered, we will, at our discretion, replace the goods or refund the price paid, provided you report the issue within the timeframe in clause 9.
10.3 See our Returns policy for the process. Consumers have a separate, statutory right to cancel — see our returns and cancellations page.
11. Product information and liability
11.1 We take reasonable care to ensure product descriptions, pack sizes and imagery are accurate, but do not warrant that they are error-free.
11.2 We do not provide clinical or medical advice, and nothing on our site or from our staff should be treated as such. Where you advise your own customers or patients, you remain responsible for that advice.
11.3 Subject to clause 11.4, our total liability to you in respect of any order shall not exceed the price paid for the goods in question.
11.4 Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited.
12. Not for resale outside proper channels
Goods supplied by Direct Comfort at trade prices are for resale or use by you through your normal business channels. [[TO CONFIRM: confirm wording with solicitor — restrictions on resale, online marketplace resale, or export may need specific legal review given any manufacturer or regulatory restrictions.]]
13. Force majeure
We are not liable for any failure or delay in performing our obligations where this is caused by circumstances beyond our reasonable control, including but not limited to natural disasters, industrial action, supply chain disruption, or failure of postal or courier services.
14. Data protection
We process personal data in accordance with our Privacy Notice. Each party will comply with applicable data protection law in connection with these terms.
15. General
15.1 We may update these terms from time to time. The terms in force at the time you place an order will apply to that order.
15.2 If any provision of these terms is found unenforceable, the remaining provisions continue in force.
15.3 These terms do not create a partnership, agency or joint venture between the parties.
16. Governing law
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.
Contact
Direct Comfort Edward Spencer, Account Manager 07836 794666 orders@directcomfort.co.uk [[TO CONFIRM: registered company legal name, registered address, company number]]