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UK Tea and Coffee – Terms & Conditions of Sale
The “Customer” means any person or business who places an order with UKT&C; the “Goods” means any items sold or supplied by UKT&C under an order; “UKT&C” means UK Tea and Coffee Ltd, which encompasses ‘The Mad Hatter Tea & The Café Wonderland’ brands. “UKT&C” a company incorporated in England with company number 9829356 and a registered address at 3 Mowbray House, Olympic Way, Richmond, DL10 4FB - “Order” means any request or order (via phone, web order (excluding eBay or Amazon) or mail order) to purchase the Goods, and; the “Parties” refers to the Customer and UKT&C
Headings are intended for ease of reference only and should not otherwise be used to interpret the terms and conditions of this Agreement.
This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. The Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.
Any Order is subject to acceptance by UKT&C. UKT&C is not obliged to accept any order or to justify refusal of the same. Receipt of payment for Goods by UKT&C does not in itself constitute acceptance by UKT&C of the order.
No variations to this Agreement will apply unless expressly agreed by the Parties in writing.
Goods being Sold
Descriptions and specifications for the Goods are set out on the UKT&C and associated brand websites at the time of the order or the UKT&C and associated brand catalogues from which the order is placed provided the catalogues are current at the time of the order.
Goods ordered in a specific colour, pattern or design are sold subject to stock availability and UKT&C may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
If any Goods are unavailable or out of stock then UKT&C may cancel the Order in whole or in part and refund any monies paid or, issue a credit note. Alternatively, UKT&C may vary the Order with the Customer’s approval.
Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
Terms of Payment and Payment Methods
The Goods shall be payable at the prices listed on the UKT&C website at the time of the Order or the UKT&C catalogue from which the Order is placed provided the catalogue is current. UKT&C reserves the right to update prices on the UKT&C website or in future UKT&C catalogues from time to time. Occasionally, prices advertised on the UKT&C website may differ from prices advertised in the UKT&C catalogue and UKT&C is under no obligation to honour the price in the website if the Order is placed through the catalogue. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the order.
Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case UKT&C shall be under no obligation to honour the incorrect price or order.
Payment for Goods and Delivery may be made by debit/credit card (some cards are subject to an administration fee), electronic bank transfer (e.g. FastPay, BACS, CHAPS etc), direct debit, personal/company cheque or cash. Cheques and cash usually require a minimum of 6 working days to clear and the Customer account, order or quote number MUST be referenced with payment. UKT&C reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any unpaid or bounced cheques returned by a bank will be subject to an administration fee of £25.00.
Payment terms are strictly 30 days from the date of invoice unless paid by direct debit. UKT&C reserves the right to charge interest at 5% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
All orders may be subject to further credit or security checks or further security for payment such as the provision of a suitable letter of credit, bank or director guarantee.
Customer trade credit accounts are provided solely at UKT&C’s discretion and are subject to regular credit and security checks for approval. UKT&C reserves the right to suspend or withdraw credit account facilities at any time.
UKT&C shall be entitled to deduct from or set off against the price of the Goods/Order any sums that are owed to the Customer under this or any other agreement between the Parties. Exercise by UKT&C of the rights under this clause 3.9 shall be without prejudice to any other rights or remedies available to this UKT&C in this Agreement or in law.
Delivery & Retention of Title
Full delivery prices and options are listed on the UKT&C website or catalogue and subject to change from time to time.
Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland subject to an order (with the relevant delivery charge) being accepted by UKT&C before 12.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the order cannot be delivered ‘next day’ then delivery will usually be completed within 5 days.
Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
UKT&C will use reasonable endeavours to meet delivery estimates in all cases however UKT&C cannot be held liable for any delay in delivery.
Risk in the Goods transfers to the Customer at the time of delivery (without prejudice to the obligations of the Customer in Clause 5.3 below).
Goods delivered are used, stored and installed at the Customer’s own risk and UKT&C will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by UKT&C to the Customer before delivery.
All large machinery, Coffee Machines, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer’s sole risk.
Where delivery is delayed, cancelled or not accepted by the Customer (including due to lack of delivery instructions), UKT&C reserves the right to charge for cancelled deliveries or for storage at 2% of the invoice value for the respective Goods calculated monthly until a successful delivery can be made.
Title and property in the Goods will only pass to the Customer upon payment has been made in full for the Goods in question, together with all or any other sums owing or due to UKT&C, whether under this Agreement or otherwise.
The Goods shall be kept in good and substantial condition separate from those of the Customer and third parties and properly stored, protected and insured and clearly marked as being the property of UKT&C, but the Purchaser shall be free to sell and deliver the goods to a third party in the ordinary course of the Customer’s business but the proceeds of sale of the goods shall be held on trust for UKT&C, and those trust monies shall be held separately from the other monies of the Customer.
Until such time as the title in the Goods passes to the Customer (and provided that the Goods are still in existence and have not been resold) UKT&C shall be entitled at any time to require the Customer to deliver up or return the Goods and if the Customer fails to do so immediately, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the Goods.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of UKT&C but if the Customer does so all monies owing by the Customer to UKT&C shall (without prejudice to any other right or remedy of UKT&C) forthwith become due and payable.
Warranties and Returns
Subject to the conditions in this clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. However, any unwanted, non-faulty or non-damaged Goods returned more than 10 days after delivery will be subject to a 25% restocking charge (calculated by order value) on refunds. Certain Goods cannot be returned for hygiene reasons. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the UKT&C website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at UKT&C’s discretion.
Goods are guaranteed in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, exchanged or replaced at UKT&C’s discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.
Goods that are damaged due to delivery must be reported to UKT&C within 24 hours. Large Goods such as coffee machines, refrigerators must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing from delivery must be reported to UKT&C within 7 days from delivery.
The warranties in this Clause 5 do not apply to Goods that have not been paid for in full and/or any defect in the Goods caused by the fault, negligence or failure of the Customer to use the Goods for their normal intended purpose or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to UKT&C within 24 hours to qualify for replacement, repair or refund at UKT&C’s discretion. Goods marked ‘no commercial warranty’ are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with UKT&C safety instructions for replacement, exchange or refund with UKT&C’s prior approval. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by UKT&C. UKT&C may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without UKT&C’s prior endorsement or approval. Any Goods repaired or replaced will be guaranteed only for the unexpired or remaining portion of the warranty period of the original Goods that were repaired or replaced.
Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEEE regulations. Full details of UKT&C’s WEEE compliance policy are available on http://www.hse.gov.uk/waste/waste-electrical.htm website.
UKT&C reserves the right, by notice to the Customer, to cancel or suspend any order where payment has not been received in accordance with Clause 3 of this Agreement.
UKT&C reserves the right to terminate this Agreement if the Customer undergoes a change of control (as defined by the Income and Corporation Taxes Act 1988) or cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertakings of the Customer.
UKT&C reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of UKT&C’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
UKT&C reserves the right to cancel any order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
Limitation of Liability
The Customer agrees that UKT&C will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. UKT&C will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude UKT&C’s statutory liability for injury or death.
Goods sold are not insured for delivery unless confirmed as insured by UKT&C on acceptance of the order.
The Customer warrants that by signing this Agreement, he/she has authority to place the Order. UKT&C reserves the right to require the Customer to provide a director’s personal guarantee (or similar, in the case of unincorporated businesses) which shall be completed before Goods can be delivered.
Intellectual Property Rights and Confidentiality
Goods sold or supplied by UKT&C may be subject to copyright or license (whether owned by UKT&C or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold UKT&C harmless for any breach of said covenant or infringement of third party intellectual property rights.
No delay or failure on the part of UKT&C in enforcing any provision of this Agreement shall be deemed to operate as a waiver of any rights held by UKT&C under this Agreement nor shall any single or partial exercise of any rights or remedies by UKT&C preclude any other or further exercise of a right or remedy.
Any right, obligation or provision contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable by a court of law then the remainder shall continue in force and effect to the fullest extent permissible by law.
Unless expressly agreed in writing, nothing in this Agreement shall confer any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 (as amended).
UKT&C reserves the right to sub-contract or assign all or part of the performance and obligations of this Agreement. UKT&C will use reasonable endeavours to notify the Customer where such sub-contract or assignation takes place.
This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
UK Tea and Coffee Ltd., is committed to ensuring that your privacy is protected. This policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.
1. The information we collect and how we use it
When you place an order, request a catalogue, or provide feedback using our web site we need to know your name and other information such as your postal address, e-mail address, telephone number and your credit card number and expiry date or bank account details etc.
We gather this information to allow us to process your request. The relevant information is then used by us, our agents and sub-contractors to provide you with the service you have requested and to communicate with you on any matter relating to the provision of the service in general.
We may also use aggregate information and statistics for the purposes of monitoring web site usage in order to help us develop the website and our service and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
We and our group companies may also wish to provide you with information about special features of our website or any special service or products which we think may be of interest to you. We may provide this information by post or email. If you would rather not receive this information, please send an e-mail to firstname.lastname@example.org to let us know your preferences.
We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. If you do not wish us to disclose your information in this way, please send an e-mail to email@example.com.
Cookies are small text files placed on your computer by websites. A cookie contains identifying information. The cookie is used to make the link between you and the information you have provided to the web site. This allows your shopping basket to be kept separate from other users and enables us to automatically complete some of the forms when you subsequently use them.
You will not be able to create a shopping basket if your browser is set to disallow the creation of cookies. The creation of a cookie on your computer does not does not give the web site any access to other information such as your e-mail address.
3. Sale of business
In the event that this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers' advisers and will be passed on to the new owners of the business.
4. Updating your details
If any of the information that you have provided to UK Tea and Coffee or associated Brand’s changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to firstname.lastname@example.org or by sending a letter to UK Tea and Coffee Ltd., Mowbray House, Olympic Way, Richmond, DL10 4FB.
5. Your consent
6. How to contact UK Tea and Coffee Ltd.
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