Terms and Conditions for the Sale of Goods
1. DEFINITIONS
1.1 The following terms have the following meanings:
“Conditions” – terms and conditions set out in this document
“Contact” – contract for the purchase of Goods consisting of these Conditions and an order.
“Customer” – person or company placing an Order for Goods
“Goods” – items which the Customer agrees to but from The Delicious ideas Food Group
“Delicious Ideas Food Group” means Sweet Ideas Limited t/a Delicious Ideas Food Group registered 03372772 at Unit 2, The Links, Bakewell Road, Orton Southgate, Peterborough, United Kingdom, PE2 6BJ
“Order” – order for the purchase of goods which is subject to and governed by these Conditions
“Party” – either Delicious Ideas Food Group or the Customer and “Parties” shall mean death of them
“Working Day” – day which is not Saturday, Sunday, or public holiday in England
2. SCOPE OF AGREEMENT
2.1 These Conditions shall apply to all sales of Goods by Delicious Ideas Food Group to the customer to the exclusion of all other terms and conditions. All orders for goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these conditions
3. PRICE AND PAYMENT
3.1 The prices of goods shall be as stated on the price list and website supplied by Delicious Ideas Food Group and may be amended by Delicious Ideas Food Group from time to time
3.2 Shipping will be calculated on all online orders dependent on shipping address
3.3 The customer will pay Delicious Ideas Food Group for all Goods within the period agreed and, in the absence of an agreement, within 30 days from date of invoice or pro forma on the website if credit account has not been approved
3.4 All prices are exclusive of value added tax (VAT) which may be added to the price where appropriate
3.5 Interest shall be payable on all amounts which remain outstanding on the due date at a rate of 3% above the Bank of England base rate as quote from time to time
3.6 Delicious Ideas Food Group may at any time set off any amount owing to it by the Customer against any amount payable by it to the customer.
4. DELIVERY
4.1 Delivery of the Goods shall be made to the address given by the customer on the Order and the date of delivery of the Goods shall be agreed between the Parties except where the Parties agree that the Customer will collect the Goods
4.2 Acceptance shall take place after the Customer has had reasonable time to inspect the Goods and, at the latest, 48 hours after delivery or collection.
4.3 After acceptance, the Customer shall not be entitled to reject Goods which re not in accordance with the Contract
4.4 Divisibility Clause: Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the seller in respect of any one delivery shall not entitle the buyer to repudiate the contract or any instalments remaining to be delivered thereunder.
5. WARRANTY AND EXCLUSIONS
5.1 Delicious Ideas Food Group warrants that it will provide Goods that:
5.1.1 are of satisfactory quality and which are fit for purpose
5.1.2 correspond to the description given by Delicious Ideas Food Group and
5.1.3 comply with all relevant UK laws
5.2. Where the Customer intends to re-sell the Goods including territories within the EU and outside, the Parties agree that it shall by the Customers responsibility to:
5.2.1 ensure that the Goods comply with any local laws applicable to such territory where those laws are in addition to or differ from UK law (and Delicious Ideas Food Group gives no warranty as to compliance of the Goods with any such local laws) and
5.2.2 ensure compliance with any border requirements relevant to transport fo the Goods to that territory
5.3 All other warranties, conditions or terms relating to fitness for purpose, quality, or condition of the Goods whether express of implied by statute or common law or otherwise are excluded to the fullest extent permitted by law
5.4 The Delicious Ideas Food Group shall be under no liability for any indirect loss and/or expense (including loss of profits) suffered by the customer arising from a breach of the Contract by The Delicious Ideas Food Group
6 RETURNS
6.1 The Company does not offer goods on ‘sale or return’ basis and no employee of the Company is authorised to accept orders on such a basis unless expressly agreed in writing. It is the reasonability of the Customer to sell the products prior to the expiry of any “best before end” date. No products are to be returned to the Company without the prior agreement in writing of Delicious Ideas Food Group. Unless such agreement is obtained, no credit can be issued. Where items have incorrectly ordered by the Customer, credit cannot be considered unless the goods are returned in their original packaging.
7 TRADE ACCOUNTS
7.1 Under the Data Protection act, Delicious Ideas Food Group reserves the right to consult whomsoever it considers appropriate for the purpose of trade references. It will record information in the respect of such opinions which may be made available to other businesses for the continued assessment of credit risks. Delicious Ideas Food Group reserves the right to invite on advance payment in part or full for the first or subsequent orders.
7.2 In requesting a credit account, the Customer agrees to give Delicious Ideas Food Group the right to consult whomsoever it considers appropriate for the purpose of establishing trade references and to assess continuing credit risk. Delicious Ideas Food Group reserves the right to suspend or terminate trading with the customer on these terms and conditions if in its opinion there is a deterioration in the Customer’s creditworthiness. Delicious Ideas Food Group reserves the right in its absolute discretion at any time to insist upon payment by way or cleared funds, or security for payment before providing goods, notwithstanding any subsisting agreement to provide credit to the customer. Delicious Ideas Food Group is entitled to charge interest in according with The Late Payment of Commercial Debts (Interest) Act 1998.
8. RISK AND TITLE
8.1 Risk of damage to or loss of the Goods shall pass to the Customer upon delivery or collection as the case may be. Title to the Goods shall pass to the Customer on payment in full for the Goods.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All patents, trademarks, copyright, rights in design, and any intellectual property rights in the Goods shall remain the property of The Delicious Ideas Food Group
9.2 The Goods may be resold by the Customer only in the packaging supplied by Delicious Ideas Food Group and in no case may any trademark other than those applied by Delicious Ideas Food Group be marked on or applied in relation to the Goods.
9.3 No right or licence is granted under this contract to the Customer under any patent, trademark, copyright, right in a design, or other intellectual property right except the right to use or resell title Goods.
10 MISCELLANEOUS
10.1 If Delicious Ideas Food Group shall be unable to carry out any of its obligations under this Contract due to circumstances beyond its reasonable control (“Force Majeure”) this contract shall remain in full force and effect but save as otherwise provided herein, Delicious Ideas Food Group obligations shall be suspended without liability for a period equal to the circumstances of Force Majeure.
10.2 No failure or delay by a Party to exercise any right, power, or remedy will operate as a waiver of it, nor will any partial exercise preclude any future exercise of the same, or of some other right, power, or remedy
10.3 All variations to the Contract must be agreed in writing by the Parties
10.4 If any part of the Contract is unenforceable, the enforceability of any other part of the Contract will not be affected
10.5 A person who is not a party to this Contract shall not have any rights to enforce its terms
10.6 The Contract contains the whole agreement between the Parties and supersedes any prior written or oral agreement between them relating to it. The Parties confirm that they have not relied on any representation made by the Other Party. Nothing in the Contract purports to exclude liability for any fraudulent statement or act.
10.7 These Conditions shall be governed by and construed in accordance with English law and the Parties irrevocably submit to the jurisdictions of the English courts.