TERMS & CONDITIONS OF BUSINESS
These terms and conditions form the basis on which we will supply you with products and the use of our website. Please read them carefully as they contain important information.
GENERAL TERMS AND CONDITIONS
1. The website is owned and operated by Joe's Gourmet Foods Limited, ('The Supplier') registered address 33, Broomhill Road, Woodford Green, Essex IG8 9HD, UK. Company registered in England and Wales with registered number 07399608. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com or on 01923 839285.
2. Unless other terms are agreed by us in writing we must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form and provide our terms and conditions. Our acceptance of your order brings into existence a legally binding contract between us on the terms herein.
3.1 Our terms for the supply of goods on credit are strictly payment within 7 days of date of invoice. Credit customers may be required to provide references. Payment shall be made to the bank account nominated in writing by the Supplier.
3.2 If the credit Customer fails to make any payment due to the Supplier under this agreement by the due date for payment, then, without limiting the Suppliers other remedies the defaulting party shall pay interest on the overdue amount at the rate of 4% per annum above Barclays base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. This clause shall not apply to payments that the defaulting party disputes in good faith.
3.3 If the credit Customer disputes any invoice or other statement of monies due, the credit Customer shall immediately notify the Supplier in writing. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. The Supplier shall provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment.
Delivery and Returns
4.1 Each Order shall be accompanied by a delivery note from the Supplier showing the Order Number, the date of the Order, the type and quantity of Products included in the Order, including the code numbers of the Products, and, in the case of an Order being delivered by instalments, the outstanding balance of Products remaining to be delivered.
4.2 The Customer may reject any Products delivered to it that are not of satisfactory quality provided that notice of rejection in writing is given to the Supplier and provides written confirmation that the Products may be returned:
a) in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery; and
b) in the case of a latent defect, within a reasonable time of the latent defect having become apparent.
4.3 If the Customer fails to give notice of rejection in accordance with this clause, it shall be deemed to have accepted the Products.
4.4 If the Customer rejects Products under clause 3.5 the Customer shall be entitled to:
a) require the Supplier to repair or replace the rejected Products at the Supplier´s risk and expense within five Business Days of being requested to do so; or
b) require the Supplier to repay the price of the rejected Products in full.
4.5 Once the Supplier has complied with the Customer's request, it shall have no further liability to the Customer in respect of the rejected Products' failure to comply with clause 3.5
4.6 The terms of this agreement shall apply to any replacement Products supplied by the Supplier.
4.7 The risk in Products delivered to the Customer shall pass to the Customer on Delivery. Title to Products delivered to the Customer shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for such Products; and all other sums which are or which become due to the Supplier from the Customer for sales of Products.
4.8 Until title to Products has passed to the Customer, the Customer shall hold such Products on a fiduciary basis as the Supplier's bailee; store such Products separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property; not remove, deface or obscure any identifying mark or packaging on or relating to such Products; and maintain such Products in satisfactory condition
4.9 The Customer may resell or use Products in the ordinary course of its business.
4.10 If before title to Products passes to the Customer the Customer becomes bankrupt or insolvent or subject to any proceedings for insolvency then, provided that such Products have not been resold and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up such Products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the relevant Products are stored in order to recover them.
5. These Conditions shall apply to and be incorporated into the Contract between us which is concluded upon the placing of your order. These Conditions prevail over any inconsistent terms or conditions contained, or referred to, in your purchase order, confirmation of order, acceptance of a quotation, or specification or other Document supplied by you, or implied by law, trade custom, practice or course of dealing.
6. Your purchase order, or your acceptance of a quotation for products to be supplied by us, constitutes an offer by you to purchase the products on these Conditions. No offer placed by you shall be accepted by us other than by a written acknowledgement issued and executed by us.
Use of our Website
7. All rights, including copyright, in our website are owned by or licensed to Joe's Gourmet Foods Limited. Any use of our website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on our website for any purpose.
8. We have taken care in the preparation of the content of our website, in particular to ensure that the prices quoted are correct at the time of publishing and that all goods have been fairly described. Orders are confirmed on the basis that there are no material errors in the description of the goods or their prices as advertised on our website. Any weights, dimensions and capacities given about the goods are approximate.
9. We try to ensure that our website is free from viruses or defects. However, we cannot guarantee that your use of our website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Availability of Goods
10. All orders are subject to acceptance and availability. If the items you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
11. You can correct errors on your order up to the point on which you click 'submit' during the ordering process.
12. The prices payable for goods that you order are as set out in our website, which are subject to change from time to time. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Specification of Goods Ordered
13. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and may offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
14. We will charge your account for payment upon receipt of your order. If your order cannot be fulfilled within 30 days we will give you the option to cancel or amend your order. We accept no liability if a delivery is delayed because you did not give correct payment details. If you do not make full payment for the goods at the time of ordering we shall not be able to confirm your order. This does not affect any other rights we may have.
15. Delivery charges may be applied according to the type of goods ordered and cannot be refunded. Any delivery charge to be applied will be confirmed at the point of order.
16.1 Please note that we are only able to deliver to addresses within the United Kingdom.
16.2 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
16.3 Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
17.1 Under the Distance Selling Regulations consumers normally have the legal right to cancel an order placed on our website, by email, over the telephone or by fax, within seven days of receipt of the order (with the exception of any made to order items). However this contract relates to the supply of food products which are dated and is therefore exempt from the right to cancel. We therefore have no obligation to allow you to cancel your order.
17.2 In certain circumstances we may accept the return of products. Please contact us immediately if you wish to cancel your order. Under normal circumstances we will only be able to consider cancelling any order if it has not already been despatched from our premises and you are a consumer (i.e. the products are for your own consumption and not for resale). If you have received the goods before you wish cancel your order then you must contact us for permission to return the products which we must confirmed in writing. We reserve the right to refuse cancellation. If we agree you must send the goods back in their original packaging to our contact address at your own cost and risk. If the Products have been tampered with or the packaging is not intact we will not be able to accept the return of the products.
17.3 If you are cancelling within our conditions, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question have not been despatched or are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or you do not pay the cost of return, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
17.4 You will be re-credited for all of the costs incurred in returning faulty or otherwise goods which we agree are defective.
Cancellation by us
18.1 We reserve the right to cancel the your order if:
a) we have insufficient stock to deliver the goods you have ordered;
b) we do not deliver to your area; or
c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
18.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order.
19.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 35 days of the date on which you ordered the goods (unless this is not reasonably practicable).
19.2 If you notify a problem to us under this condition, our only obligation will be, at your option:
a) to make good any shortage or non-delivery;
b) to replace or repair any goods that are damaged or defective; or
c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
19.3 Both parties shall only be liable for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
19.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
19.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
19.6 Nothing in these Conditions limits or excludes our liability for:
a) death or personal injury resulting from negligence; or
b) any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
20. Unless otherwise expressly stated in these terms and conditions, all notices to us must be in writing and sent to our contact address at PO Box 2406, Watford, WD18 1TH and all notices from us to you will be displayed on our website from to time or alternatively emailed to you.
Changes to Terms of Business
21. We reserve the right to change these terms and conditions from time to time and you should check through them regularly for changes.
Law and jurisdiction
22.1 Any dispute or claim arising out of or in connection with our website, any content contained in it and any contract brought into being as a result of your usage of our website shall be governed by, and construed in accordance with, the law of England and Wales.
22.2 Parties to any such contract irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter. All contracts are concluded in English.
23. If any part of these terms and conditions is found to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Third party rights
25. Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
26. Joe's Gourmet Foods Limited is committed to protecting the privacy of anyone using our website and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1988
27.1 We are bound to comply with the Data Protection Act 1998 in all our dealings with your personal data. We are committed to protecting your privacy. We will only use information collected lawfully in accordance with the Data Protection Act 1998.
27.2 You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by us or on our behalf.
Use and collection of personal information
28. In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you make a purchase you will be asked to provide certain information such as your contact details. We may store this data and hold it on computer or otherwise in order to fulfil the order.
30. We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or default.
31. You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to: Data Controller, Joe's Gourmet Foods Limited, PO Box 2406, Watford, WD18 1TH.