Atlantic Foods Terms and Conditions
of Sale and Supply
If the Buyer wishes to buy Goods via
this website, the Buyer must agree to the terms and conditions below as the
exclusive basis which governs such transaction and must click the “I/We accept”
button where prompted to do so. If the Buyer does not agree to any of these
terms and conditions the order is not accepted.
1.
Definitions
“Buyer” means
you, the person, firm or company who purchases the Goods from the Company
“Company” means
us, Atlantic Foods Limited, all of its divisions and any member of its Group
“Conditions” means
these terms and conditions of sale
“Contract” means
a contract between the Company and the Buyer for the sale and purchase of the
Goods, incorporating these conditions
“Delivery Point” means
the place where delivery of the Goods take place under condition 5
“Goods” means
the goods agreed in the Contract to be supplied to the Buyer by the Company
(including any part or parts of them)
“Group” means
in relation to the Company, any of its Subsidiaries, any company of which it is
a Subsidiary and any other Subsidiaries of any such holding company
“Subsidiary” means
a subsidiary as defined in the Companies Act 2006
“Website” means
the Company’s website located at www.AtlanticFoods.co.uk
2.1
The Contract shall be
on these terms and conditions to the exclusion of all other terms and
conditions
2.3
All orders the Buyer
places for Goods displayed on the Website are subject to availability
2.4
Each order for Goods
received by the Company from the Buyer shall be deemed to be an offer by the
Buyer to buy Goods subject to these conditions which the Company may or may not
accept
2.5
Orders for goods will
only be taken where those Goods are to be delivered within the UK. The Company
will not sell or deliver goods to any company or address outside of the UK
2.6
No order placed by the
Buyer shall be accepted by the Company until payment is received in full for
the Goods and a confirmation email is sent to the Buyer. For the avoidance of
doubt, all orders are accepted and executed on the understanding that the Buyer
is bound by these conditions of sale and supply
2.7
If following receipt
of payment any of the Goods are unavailable the Company will advise the Buyer
when those goods will be available for delivery or recommend an alternative
product that is available. If the Company’s estimated delivery date or
suggested alternative product do not meet with the Buyer’s approval the Company
will refund to the Buyer the monies paid for the unavailable Goods
3.
Description
3.1
All samples,
drawings, descriptive matter, specifications and advertising issued by the
Company and any descriptions or illustrations contained on the Website are for
the sole purpose of giving an approximate idea of the Goods. They shall not
form part of the Contract and this is not a sale by sample
4.1
The Buyer agrees to
pay for the Goods at the time the order is placed via the Website
4.2
No payment shall be
deemed to have been received until the Company has received cleared funds
4.3
The Company only
accepts Visa, delta, Visa Electron, MasterCard, Eurocard and UK based Maestro
and Solo debit cards
4.4
Once the Buyer has
confirmed the order and paid via the WorldPay secure payment screen it cannot
be cancelled or changed except in accordance with clause 11
4.5
In the event payment
is refused by WorldPay, the Company reserves the right to cancel the Buyer’s
order
5.
Delivery
5.1
Goods shall be
delivered to the Buyer and shall only be delivered to an address in UK mainland
5.2
Goods will not be
despatched until payment is received in full
5.3
All Goods are sent by
Royal Mail 2nd Class delivery
5.4
The Company aims to
deliver all goods within 10 days from the date they are ordered. Orders placed
over Bank Holidays may take up to 15 working days and orders placed over
Christmas may take up to 20 working days. These times and any dates specified
by the Company, or it’s delivery agent, for delivery of the Goods are intended
to be an estimate and time for delivery shall not be made of the essence by
notice.
5.5
Should the Buyer wish
to delay, divert or stop delivery of the Goods, this must be done immediately
and in writing to Karl Bradbury, Atlantic Foods Ltd, Studio 7, Crown house,
High Street, Hartney Wintney, Hook, Hampshire, RG27 8NW. The Company will use
all reasonable endeavours to comply with such requests but does not give any
guarantees in this regard
5.6
Subject to the other
provisions of these conditions the Company shall not be liable for any direct,
indirect or consequential loss (all three of which terms include, without
limitation, pure economic loss, loss of profits, loss of business, depletion of
goodwill and similar loss), costs, damages, charges or expenses caused directly
or indirectly by any delay in the delivery of the Goods (even if caused by the
Company's negligence), nor shall any delay entitle the Buyer to terminate or
rescind the Contract unless such delay exceeds 180 days
5.7
If for any reason the
Buyer fails to accept delivery of any of the Goods when they are delivered, or
the Company, or it’s delivery agent, is unable to deliver the Goods on time
because the Buyer has not provided appropriate instructions, documents,
licences or authorisations:
5.7.1
risk in the Goods
shall pass to the Buyer (including for loss or damage caused by the Company's
negligence);
5.7.2
the Goods shall be
deemed to have been delivered; and
5.7.3
the Company may store
the Goods until delivery, whereupon the Buyer shall be liable for all related
costs and expenses (including, without limitation, storage and insurance)
5.8
The Buyer shall
provide at the Delivery Point and at its expense adequate and appropriate
equipment and manual labour for unloading the Goods
5.9
The Company may
deliver the Goods by separate instalments
5.10
Each instalment shall
be a separate Contract and no cancellation or termination of any one Contract
relating to an instalment shall entitle the Buyer to repudiate or cancel any
other Contract or instalment
6.1
The quantity of any
consignment of Goods as recorded by the Company on despatch from the Company's
place of business shall be conclusive evidence of the quantity received by the
Buyer on delivery unless the Buyer can provide conclusive evidence proving the
contrary
6.2
The Company shall not
be liable for any non-delivery of Goods (even if caused by the Company's
negligence) unless the Buyer gives written notice to the Company of the
non-delivery within 5 days of the date when the Goods would in the ordinary
course of events have been received
6.3
Any liability of the
Company for non-delivery of the Goods shall be limited, at the option of the
Company, to replacing the Goods within a reasonable time or issuing a credit
note at the pro rata Contract rate against any invoice raised for such Goods
7.1
The Goods are at the
risk of the Buyer upon receipt of payment for the Goods by the Company, or, if
earlier, from the time of delivery
7.2
Ownership of the
Goods shall not pass to the Buyer until the Company has received in full (in
cash or cleared funds) all sums due to it in respect of the Goods
7.3
The Company shall be
entitled to recover payment for the Goods notwithstanding that ownership of any
of the Goods has not passed from the Company
8.1
The price for the
Goods shall be the price displayed on the Website at the time the order is
placed by the Buyer and, subject to clause 5.7.3, shall be inclusive of all
packaging, loading, unloading, carriage and insurance costs
8.2
The Company reserves
the right to change the prices on the Website at anytime
8.3
The price for the
Goods shall be exclusive of any value added tax
9.1 The
Company warrants that all Goods shall comply with the Food Safety Act 1990 and
all relevant UK legislation from time to time in force
10.
Limitation of
Liability
10.1
Subject to conditions
5 and 6 the following provisions set out the entire financial liability of the
Company (including any liability for the acts or omissions of its employees,
agents and sub-contractors) to the Buyer in respect of:
10.1.1
any breach of these
conditions
10.1.2
any use made or
resale by the Buyer of any of the Goods, or of any product incorporating any of
the Goods; and
10.1.3
any representation,
statement or tortious act or omission including negligence arising under or in
connection with the Contract
10.4
Nothing in these
conditions excludes or limits the liability of the Company:
10.4.1
for death or personal
injury caused by the Company's negligence; or
10.4.2
for any matter which
it would be illegal for the Company to exclude or attempt to exclude its
liability; or
10.4.3
for fraud or
fraudulent misrepresentation
10.5.1
the Company's total
liability in contract, tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in connection with the
performance or contemplated performance of the Contract shall be limited to the
Contract price; and
10.5.2
the Company shall not
be liable to the Buyer for loss of profit, loss of business, or depletion of
goodwill in each case whether direct, indirect or consequential, or any claims
for consequential compensation whatsoever (howsoever caused) which arise out of
or in connection with the Contract
11.1
If the Buyer is not
satisfied with the Goods, a refund will be offered if the Goods are returned
unused, in their original packaging, within 7 working days
11.2
The Company will not
refund or pay for any return postage unless the goods are faulty or damaged
11.3
Any Goods returned
shall remain strictly at the Buyers risk until they are received by the Company
11.4
Should any of the
Goods be found to be faulty or damaged upon delivery, the Buyer must notify the
Company with 5 working days by calling the Company on 01252 846500. Accordingly
the Company will arrange for the faulty or damaged Goods to be replaced
12.
Force Majeure
The Company
reserves the right to defer the date of delivery or to cancel the Contract or
reduce the volume of the Goods ordered by the Buyer (without liability to the
Buyer) if it is prevented from or delayed in the carrying on of its business
due to circumstances beyond the reasonable control of the Company including,
without limitation, acts of God, governmental actions, war or national
emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion,
flood, epidemic, lock-outs, strikes or other labour disputes (whether or not
relating to either party's workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable
materials
13.
General
13.1
If any provision of
the Contract is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, invalid, void, voidable,
unenforceable or unreasonable it shall to the extent of such illegality,
invalidity, voidness, voidability, unenforceability or unreasonableness be
deemed severable and the remaining provisions of the Contract and the remainder
of such provision shall continue in full force and effect
13.2
The parties to the
Contract do not intend that any term of the Contract shall be enforceable by
virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that
is not a party to it
13.3
This Contract and any
dispute or claim arising out of or in connection with it or its subject matter
or formation (including non-contractual disputes or claims) shall be governed
by and construed in accordance with English law, and the parties submit to the
exclusive jurisdiction of the English courts