Advantage Catering Equipment Ltd Terms Of Business
These terms and conditions form the basis on which you can visit our website.
Please read them carefully as they contain important information.
They are a standard set of conditions and our intention is to be fair and honest.
General terms and conditions
This site is owned and operated by Advantage Catering Equipment Ltd.
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 01304 827272 .
Advantage Catering Equipment Ltd - Hereafter refered to as 'the company'. Registered company number 06749771 in England.
The Customer - means any person either as a business or a private individual who places an order with the company.
The Goods - means any items or in some cases services supplied by the company.
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be completed. [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] (or) [Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send to you an email that the goods have been sent to you].
Our acceptance of your order brings into existence a legally binding contract between us.
2 Ownership of rights
All rights, including copyright, in this website are owned by or licensed to the company. Any use of this 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 this website for any purpose.
3 Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4 Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any website's 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.
All orders are subject to acceptance and availability. If the Goods 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, cancel your order or accept a suitable alternative product..
6 Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out in our website. The website allows you the choice to display prices as either VAT inclusive or VAT exclusive at the current rates and are correct at the time of entering information.
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, 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.
8 Payment terms
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
Warranties are as specified unless,
Otherwise stated or informed.
Used other than intended by the manufacure.
Used within a mobile installation.
Installations that are not certified.
10 Delivery Charges
Delivery charges vary according to the type of goods ordered and cannot be refunded.
Our delivery charges are set outHEREin our website.
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.
12.1 The goods are at your risk from the time of delivery.
12.2 Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
(a) the goods; and
(b) all other sums which are or which become due to us from you on any account.
12.3 Until ownership of the goods has passed to you, you will:
(a) hold the goods on a fiduciary basis as our bailee;
(b) store the goods (at no cost to us) separately from all your other goods
or of any third party in such a way that they remain readily identifiable as our property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and
(d) maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us.
12.4 Your right to possession of the goods will terminate immediately if:
(a) you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (if being a body corporate) you convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to the insolvency or possible insolvency of you; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under this contract or any other contract between the you and us, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(c) you encumber or in any way charge any of the goods.
12.5 We will be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from us.
12.6 You grant us, our agents and employees an irrevocable licence at any time to enter any premises where the
goods are or may be stored in order to inspect them, or, where the your right to possession has terminated, to recover them.
12.7 Where we are unable to determine whether any goods are the goods in respect of which your right to possession has terminated, you will be deemed to have sold all goods of the kind sold by us to you in the order in which you were invoiced.
12.8 On termination of the Contract, howsoever caused, our (but not your) rights contained in this 11 will remain in effect.
13. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details.
14. Cancellation rights
We will accept return of goods for any reason if we are contacted within 48 hours of receipt and the goods can be returned to us within 7 days of receipt.
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
You will then be refunded to your original payment method less our original delivery costs and any subsequent collection costs and a 20% restocking fee. Cancellation prior to dispatch may also lead to costs being incurred.
15 Cancellation by us
15.1 We reserve the right to cancel the contract between us if:
15.1.1 we have insufficient stock to deliver the goods you have ordered;
15.1.2 we do not deliver to your area; or
15.1.3 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.
15.2 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 from your credit card as soon as possible but in any event within 30 days of your order.
16.1 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 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
16.1.1 to make good any shortage or non-delivery;
16.1.2 to replace or repair any goods that are damaged or defective; or
16.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
16.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract. Our liability shall be limited to the contract price
16.3 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.
16.4 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.
17 Exclusion of liability
17.1 We shall not be liable to you regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for,
17.1.1 any delay in supplying the goods, or
17.1.2 any loss of profit, business, contracts or revenues, or
17.1.3 failure to achieve anticipated savings in costs or expenses, or
17.1.4 any special, indirect or consequential loss or damage of any nature whatsoever, or
17.1.5 damage to property including without limitation damage to floor coverings, contents or fabric of the premises to which goods are delivered, the contents of any refrigerator or other cooling or freezing device or any other goods whatsoever, or for consequential loss including without limitation removal or rectification work required in connection with the installation of repaired or substitute goods or failure to supply parts under warranty, shelves, baskets or other accessories, loss of profit or wasted expenditure
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit 2, Manley Close, Dover, CT16 3NA and all notices from us to you will be displayed on our website from to time.
19 Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
20 Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is 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.
23 Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
1st June 2014