Terms and Conditions
To protect your own
interests please read the conditions carefully before you click the tick
box. If you are uncertain as to your
rights under them or you want any explanation about them please write,
telephone or email our customer queries department at the above address and
telephone number BEFORE you place the order.
YOU ARE ADVISED TO PRINT AND RETAIN THESE
TERMS FOR YOUR RECORDS.
By placing an Order and purchasing
goods from www.selectcateringsolutions.com you enter into a legally binding
agreement with us on the following Conditions.
You should read and understand these Conditions because they affect your
rights and liabilities.
These
are the Standard Terms and Conditions of Sale of Select Catering
Solutions Limited, Unit 1 Harrison Road, Airfield Business Park, Market
Harborough, Leicestershire, LE16 7UL Our Company
Reg Number is (06645205) ("the Seller", "We"
or "Us") for certain products as set out in the pages on this site
("the Goods"). Our VAT number is (GB 184603991) Subject to the
provisions of Clause 4.2 below, the price of the Goods the delivery charges and
Value Added Tax where applicable is set out on the Order Form.
In accordance with the provisions of
the Consumer Protection (Distance Selling) Regulations 2000, you have the right
to withdraw from this transaction. Details of your right to withdraw will be
sent to you with the Goods when they are delivered and can be found in Clause 9
below. PLEASE NOTE THAT THE RIGHT TO
WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO
RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
THESE CONDITIONS DESCRIBE THE BASIS
FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
‘Conditions’ means the standard Terms and Conditions of sale set out in
this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen
by you to be used as the method of payment for the Goods of which you have
provided details to us when placing the Order;
'Delivery Area' means United Kingdom
'Goods' which you have ordered including any instalment of the goods or
any parts for them which are available for purchase from our Web Site in
accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving,
storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted
electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling)
Regulations 2000;
'Web Site' our presence on the World Wide Web, currently accessible via
the address www.selectcateringsolutions.com.
1.2
Reference
to any statute or statutory provisions shall be deemed to include any statutory
modifications or re-enactments thereof or any rules or regulations made
thereunder or any enactment repealing and replacing the act referred to.
1.3
Unless
the context otherwise requires:-
1.3.1
words
importing the singular shall include the plural and vice versa;
1.3.2
words
importing the masculine gender shall include the feminine gender and vice
versa;
1.3.3
references
to persons shall include bodies of persons whether corporate or incorporate.
1.4
Unless
the context otherwise requires references to clauses shall be construed as
references to clauses of these Conditions.
1.5
Headings
are inserted for convenience only and shall not affect the construction or
interpretation of these Conditions.
2.1
We
shall sell to you and you shall purchase only those goods which you have set
out in an order and which have been accepted by us. We reserve the right to
reject any order. Unless otherwise agreed in writing each such sale of Goods
will be subject to these terms and conditions.
2.2
No
Order submitted by you shall be deemed to be accepted by us unless and until
confirmed by e-mail or in writing by us.
2.3
No
variation to these Conditions shall be binding upon us unless and until agreed
by e-mail or in writing by us.
2.4
Any
error or omission in any
3.1
The
quantity, quality and description of the Goods will be those set out in your
Order (if accepted by us).
3.2
Orders
are accepted at our sole discretion but are normally accepted if the Goods are
available, the order reflects current pricing, you are based in the Delivery
Area and your Payment Card is authorised for the transaction.
3.3
You
or we are entitled to withdraw from any contract in the case of obvious errors
or inaccuracies regarding the Goods appearing on our website.
3.4
You
shall be responsible for ensuring the accuracy of the terms of any Order
submitted by you, and for giving us any necessary
3.5
The
quantity, quality and description of and any specification for the Goods shall
be those set out in the relevant pages of this site.
3.6
We
reserve the right to make changes in the specification of the Goods which are
required to conform with any applicable statutory or EC requirements
4.1
The
price of the Goods shall be the price set out on the relevant page of this
site. We reserve the right to change
the prices set out on this site provided that if we accept an order from you
the price for the goods will be the price set out in the relevant range at the
time the order is placed.
4.2
If
the price of the Goods increases between the date we accept your Order and the
delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new
price is acceptable. If it is not
acceptable then you will, of course, have the option of cancelling the order.
4.3
The
price of the Goods does not include insured postage or packaging. There will be an additional charge made
relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the
Order form.
4.4
The
total price is inclusive of any applicable value added tax.
5.1
Upon
providing us with details of the Payment Card and submitting the Order you :
5.1.1
confirm
and undertake that the
5.1.2
authorise
us to deduct from the Payment
Card account the full price of the Goods and all other payments which may
become due to us under the Contract.
5.2
If
it is not possible to obtain full payment for the Goods from your account on
delivery of the Goods to you, we can cancel the Order or suspend any further
deliveries to you. This does not affect any other rights we may have.
5.3
Where
Goods are returned by you in accordance with your rights under the provisions
of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.4
We
will not pass your personal
6.1
Delivery
of the Goods shall be made by us or our carrier to the address for delivery
shown in the Order Form. It is important
that this address is accurate. Please be
precise about where you would like the Goods left if you are out when we
deliver. Once the Goods have been
delivered in accordance with your delivery instructions, you will be
responsible for them. Our responsibility
for everything other than damage due to our negligence or due to a
manufacturing design or design fault will cease upon delivery.
6.2
We
will do all that we reasonably can to meet the date given for delivery or, if
no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays
beyond our control. If we are unable to
make the delivery date we will contact you.
If delivery cannot be made within 30 days of the given delivery date you
will be entitled to either arrange a revised date or cancel the order and
receive a full refund. If we are able to
make delivery in advance of the given date we will contact you.
6.3
If
the order is a multiple order and we are unable to make delivery of the whole
order but are able to deliver part we will contact you,
6.4
If
we fail for any reason within our control to fully/partially deliver your Goods
any reimbursement shall be no more than the price of the
Goods, together with any delivery and/or reasonable return costs.
6.5
Either
party is entitled to cancel the contract in respect of non-performance of
obligations in relation to delivery. If
cancelled we will refund you any monies already paid by you and any reasonable
return costs incurred by you.
7.1
As
soon as we have delivered the Goods or services, you will be responsible for
them. If you delay a delivery our
responsibility for everything other than damage due to our negligence will end
on the date we agree to deliver them, as set out in the contract.
7.2
Subject
to the provisions of clause 9 and notwithstanding delivery and the passing of
risk in the Goods, or any other provision of these Conditions, the property in
the Goods shall not pass to you until we have received in cash or cleared funds
payment in full of the price of the Goods.
Goods supplied to you are not for resale.
8.1
Terms
and conditions of this contract do not affect any additional rights you may
have under a manufacturer’s warranty/guarantee.
These are rights given to you by the manufacturer in addition to your
statutory rights. Any additional rights
given to you by the manufacturer in respect of Goods purchased are not
incorporated into this contract.
8.2
As
a consumer you have statutory rights regarding the return of defective Goods
and claims in respect of losses caused by any negligence on our part or our
failure to carry out our obligations. The terms and conditions of this contract
do not affect your statutory rights. For
further
8.3
IMPORTANT
NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as
soon as reasonably possible after delivery.
Any claim by you based on any defect in the quality or condition of the
Goods or their failure to correspond with specification must (whether or not
delivery is refused by you) be notified to the company within 14 days from the
date of delivery or within a reasonable time after discovery of the defect or
failure if it was not apparent on reasonable inspection.
8.4
Where
a valid claim in respect of Goods delivered is notified to us within 14 days of
the delivery date, or within a reasonable time if not apparent on reasonable
inspection, you are entitled to:
reject the Goods and receive a full
refund;
or
have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of
delivery or exceeding a reasonable time of discovery, we shall be entitled to
either:
replace
the Goods (or the part in question) free of charge or
at our sole discretion refund to you the price of the Goods (or a
proportionate part of the price) and we shall have no further liability to you.
8.5
Except
in respect of death or personal injury caused by our negligence we will not be
liable under this contract for any loss or damage caused by us or our agents in
circumstances where:
i)
there is no breach of a legal duty of care owed to you by us or by any
of our employees or agents;
ii)
such loss or damage is not a reasonably foreseeable result of any such
breach;
iii)
any increase in loss or damage resulting from breach by you of any term
of this contract.
In the event that you are using
the supply address in part for commercial purposes then no liability for loss
of profits or other economic loss arising out of a breach of this agreement can
be accepted.
8.6
Subject
to our obligations, and your rights under the Regulations, we shall not be
liable to you or be deemed to be in breach of the contract by reason of any
delay in performing, or any failure to perform, any of our obligations in
relation to the Goods if the delay or failure was due to any cause beyond our
reasonable control.
8.7
We
assume no responsibility for the contents of any other web sites to which this
Web Site has links.
9.1
You
have a cooling off period of 14
days after the date on which you have received the Goods to cancel the
Contract, and return the Goods at your cost and receive a full refund of the
purchase price.
9.2 &nbnbsp;
During
the cooling off period any cancellation must be given by written notice by
either party.
9.3
Goods
must be returned complete and undamaged with all accessories and
instructions. The original packing must
be returned in reasonable condition.
9.4
The
right to cancel this contract will not apply in respect
of:
Personalised
Goods or Goods made to your specification
Audio,
video recordings (including DVDs) or computer software you have unsealed
Betting
games or lottery services
Newspapers
and magazines
Food,
drink or other Goods intended for everyday consumption.
Contracts for accommodation,
transport, catering or leisure services which are arranged for a specific time
or date, e.g. train, airline or concert tickets or hotel bookings
Timeshare
and package holidays
9.5
In
the event that we supply substituted Goods to you in accordance with the
provisions of Clause 2, your right to
cancel is as set out as above except that the cost of returning the Goods shall
be borne by us.
10.1
Any
communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once
it enters an Information System outside the control of the originator of the
message;
10.1.2 will be deemed to have been received
by the intended recipient at the time that in a readable
form it enters an Information System
which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched
in the case of a business at its principal place of business and in the case of
an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received
in the case of a business at its principal place of business and in the case of
an individual where he or she ordinarily resides.
10.2
To
protect your own interests you should ask for a delivery receipt for any such
and retain a hard copy of that delivery receipt and the original
correspondence.
11.1
Any
communication sent by post will be deemed received by the intended recipient
three days following mailing where sent by first class post or five days after
mailing where sent by second class post.
11.2
The
clauses of these Conditions and each sub-clause thereof are several and if any
part of any clause or sub-clause shall be void, invalid or unenforceable then
the remainder of such clauses or sub-clauses shall nevertheless be valid and
enforceable.
11.3
No
term of the Contract is intended to confer a benefit on, or be enforceable by,
any person who is not a party to the Agreement (whether under the Contracts
(Rights of Third Parties) Act 1999 or otherwise).
11.4
If
any provision of these Conditions is held by any court or competent authority
to be invalid, unlawful or unenforceable in any jurisdiction in whole or in
part, it will not affect the validity or enforceability of the other provisions
of these Conditions and the remainder of the provision in question shall not be
affected nor will it affect the validity, lawfulness or enforceability of that
provision in any other jurisdiction.
11.5
We
will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal
with any disagreement and you want to take court proceedings you must do so
within the United Kingdom.
11.6 The headings in these Conditions are for
convenience only and will not affect their interpretation.
Select Catering Solutions Ltd
Unit A1, Airfield Business Park
Market Harborough
United Kingdom LE16 7UL
© 2021 Select Catering Solutions