THE CLOTH MERCHANT LIMITED – LEGAL NOTICE
Registered Address: 25c Cobham Street, Gravesend, England, DA11 0SB
Company Number: 16739767
TERMS & CONDITIONS OF BUSINESS
These Terms and Conditions govern all dealings between The Cloth Merchant Limited (“we”, “us”, “our”) and any purchaser or prospective purchaser (“you”, “the customer”). By placing an order, requesting a quotation, or interacting with our services, you agree to be bound by these Terms in full. These Terms apply to all domestic and international wholesale and trade transactions unless expressly varied in writing by authorised representatives of the Company.
1. DEFINITIONS
“Goods” refers to all textiles, fabrics, stock rolls, samples, and wholesale products supplied by us.
“Order” refers to any request for Goods submitted via email, telephone, website, or purchase order.
“Contract” means the binding agreement formed upon written acceptance of an Order.
“Trade Customer” means any business, reseller, retailer, manufacturer or commercial buyer purchasing for business use.
2. FORMATION OF CONTRACT
All quotations are invitations to treat and do not constitute a binding offer. A Contract is formed only when we issue written confirmation of your Order. We reserve the right to reject any Order at our discretion, especially in cases of insufficient stock, credit concerns, or suspected resale restrictions.
3. PRICING & PAYMENT
All prices are exclusive of VAT unless stated otherwise. Prices may vary depending on textile type, quantity, dye batch, cut length, or market conditions. Payment terms are pro-forma unless a credit facility has been approved in writing. We accept bank transfer and other business payment methods as notified. Late payments accrue interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
4. BULK ORDERS & TRADE DEALS
Bulk and pallet-level orders may be subject to tiered pricing, MOQ (minimum order quantity), and extended lead times. Any bulk discount will only apply to the specific order quoted. Trade accounts may receive preferential terms subject to continued order volume and satisfactory payment history. We reserve the right to withdraw trade discounts at any time.
5. SAMPLES & TEXTILE VARIATION
Samples are provided for guidance only. Due to manufacturing tolerances, dye-lot differences, fibre composition variation, and industry-standard weaving tolerances, Goods may vary from samples. Such variations are not classified as faults.
6. DELIVERY & RISK
Delivery times are estimated and not guaranteed unless expressly agreed in writing. Risk in the Goods passes to the customer upon delivery to the address provided. Title passes only when full payment is received. We are not liable for courier delays, customs issues, strikes, or events beyond reasonable control.
7. RETURNS, CLAIMS & DEFECTS
Wholesale textiles cannot be returned unless defective, incorrectly supplied, or agreed in advance. Claims for defects must be made within 5 working days of delivery with photographic evidence and batch numbers. Once fabric has been cut, processed, washed, or used, it is deemed accepted and non-returnable. Returns must be authorised in writing.
8. LIMITATION OF LIABILITY
Our liability shall not exceed the invoiced value of the Goods supplied. We are not liable for indirect, consequential, or commercial losses including loss of profit, production downtime, or manufacturing waste. Nothing excludes liability for fraud or death caused by negligence.
9. INTELLECTUAL PROPERTY
All product descriptions, photography, branding, and marketing materials remain our intellectual property and may not be reproduced without prior written agreement.
10. TERMINATION
We may suspend or terminate any Contract if payment is overdue, misuse of trade terms is identified, or suspicion of fraudulent activity arises. Upon termination, all outstanding sums become immediately payable.
PRIVACY POLICY
This Privacy Policy outlines how The Cloth Merchant Limited collects, uses, stores, and protects personal and business data. We act in accordance with UK GDPR, the Data Protection Act 2018, and all applicable data privacy legislation.
1. DATA WE COLLECT
• Business contact details, including names, addresses, emails, and telephone numbers
• Order history, invoices, payment details (not card data)
• Website form submissions and communication records
• Supplier information and commercial account details
2. HOW WE USE YOUR DATA
We process data only for legitimate business purposes including:
• Creating quotations, processing orders, and managing deliveries
• Verifying trade accounts and creditworthiness
• Customer service communications
• Legal, financial and regulatory compliance
• Marketing to existing customers where permitted
3. LEGAL BASIS FOR PROCESSING
We process data on the basis of contractual necessity, legitimate interests, legal obligations, and—where applicable—consent.
4. DATA STORAGE & SECURITY
Data is stored securely on encrypted systems with restricted access. We use appropriate technical and organisational safeguards to prevent unauthorised access, alteration, or loss.
5. DATA SHARING
We do not sell data. We may share information only with:
• Delivery partners and logistics providers
• Payment processors and banking institutions
• Accountants, insurers, and legal advisers
• Regulatory authorities where legally required
6. DATA RETENTION
We retain data for as long as necessary to fulfil contractual and legal obligations, typically seven years for financial records.
7. YOUR RIGHTS
Under UK GDPR you have the right to access, rectify, erase, restrict processing, object to processing, and request portability of your data. Requests can be submitted via email and will be processed within statutory timeframes.
COOKIES POLICY
Our website uses cookies to improve functionality, security and usage insights. Cookies may include:
• Essential operational cookies
• Analytics cookies (anonymous)
• Preference cookies for returning users
By using the website, you consent to cookie usage where legally required. You may adjust your browser settings to block cookies, although this may affect website performance.
GDPR COMPLIANCE STATEMENT
The Cloth Merchant Limited acts as Data Controller for all data provided through trade enquiries, orders, and website interactions. We maintain a full GDPR compliance regime, including documented data processes, secure storage, staff confidentiality measures, and incident reporting procedures. Any suspected breach will be reported to the ICO where required and to affected individuals without undue delay.
CHANGES TO THIS NOTICE
We may update this Legal Notice periodically. Continued use of our services constitutes acceptance of any changes.