1. Placing an order
1.1 On placing an order with the Company, by the Company’s website, the Customer is offering to contract with the Company on the basis of these terms and conditions.
1.2 The Contract is subject to availability of the Goods and market conditions. In the event of non- availability of any Goods ordered, we will not offer a substitute. The Company will refund the amount the Customer has been charged for that unavailable item.
1.3 The Company may limit the quantities of Goods supplied to any one Customer.
1.4 The Company reserves the right to refuse acceptance of an order and/or terminate any Customer’s account without explanation or notice.
1.5 The quantity, quality and description of any Goods shall be those set out in the Company’s quotation (if accepted by the Customer) or the Customer’s order (if accepted by the Company).
1.6 The parties are bound by the Contract only when the Company accepts the order (subject to the availability of goods).
1.7 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 the Company shall be subject to correction without any liability on the part of the Company.
1.8 The Company may set a minimum order value for deliveries which is published on the Company’s website. The Company reserves the right not to deliver an order which is valued at less than the published minimum order value.
1.9 The Company’s employees are authorised to make representations concerning Goods subject to confirmation by the Company in writing. In entering into the Contract, the Customer acknowledges that it does not rely on and waives any claim for breach of, any such representations which are not so confirmed in writing by the Company.
1.10 The Customer is responsible for ensuring an order for Goods is received by the Company. The Company shall not be liable for the Customer not placing an order due to the Customer not being contacted, a system failure or any other reason.
2.1 Deliveries of Goods to the Customer shall be in accordance with the Company’s delivery schedule.
2.2 The Customer must ensure that someone is available to accept delivery.
2.3 The Company will not always guarantee delivery in accordance with the Customer’s requested timing schedule.
2.4 The Company shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Goods by a particular date or arising as a result of any causes beyond the Company’s control.
2.5 The delivery of Goods shall be made by the Company to such reasonably accessible premises as the Customer shall reasonably require. The address will be that address specified by the Customer when the account was opened, unless specified in writing. The Company reserves the right to refuse to make deliveries to a Customer’s premises where there is a risk of injury to the Company’s employees.
2.7 The Company reserves the right to restrict deliveries to certain areas and this includes the right to eliminate certain areas from the Company’s delivery schedule all together.
2.8 The Customer shall allow the Company reasonable access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place to sign off the delivery of the goods.
2.9 If the Customer fails to take delivery of Goods for any reason or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault), then without prejudice to any other rights or remedy available to the Company, the Company may:
2.9.1 Charge the Customer the cost of delivery to and from the premises of the Customer.
2.9.2 Charge full cost price for the perishable Goods.
2.9.3 Charge the Customer for a re-scheduling delivery charge.
2.9.4 Charge the Customer the Company’s administration and re-stocking charges published in the Company’s catalogue or website. A charge of £20 or 10% of the delivery value, whichever is the greater, will be made.
2.10 Deliveries must be checked at the time of delivery in the presence of the Company’s driver. The Customer must advise the driver of the shortages and the driver will amend the delivery note/invoice. The Customer will sign the delivery note/invoice as confirmation of the receipt of the Goods whilst highlighting any shortages.
2.11 If the Company fails to deliver Goods for any reason other than any cause beyond the Company’s control or the Customer’s fault, and the Company is accordingly liable to the Customer, the Company’s liability shall be limited to the cost to the Customer (in the cheapest available market) of similar Goods to replace those not delivered.
2.12 The Company may, at its discretion, agree to accept the return of Goods in good condition and will issue a credit to the Customer.
2.13 On the collection of Goods from the Company’s warehouse, damages, shortages or other mistakes must be notified by the Customer prior to leaving the Company’s premises where reasonably practicable.
3. Risk and Property
3.1 All risks of damage to, or loss of the Goods, shall pass to the Customer at the time of delivery to the Customer’s premises.
3.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due.
3.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and if the Customer fails to do so forthwith to enter upon any of the premises of the Customer or any third party where the Goods are stored and repossess Goods.