CONDITIONS OF SALE
1.1 “and/or” shall mean either of the alternatives or both of the alternatives as the context requires;
1.2 “Buyer” means the person, firm or company named on the attached document issued by the Seller;
1.3 “Contract” means any contract between the Buyer and the Seller incorporating these conditions for the sale of goods;
1.4 “goods” means any goods ordered from the Seller by the Buyer or to be supplied by the Seller to the Buyer;
1.5 “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including legal costs) and any other losses and/or liabilities;
1.6 “Seller” means Ugg Foods Limited, 59 Chilton Road, Long Crendon, Aylesbury, Bucks HP18 9BZ.
2 OTHER TERMS OR REPRESENTATIONS
2.1 All contracts between the Seller and the Buyer are subject to these conditions of sale.
2.2 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to the Buyer by the Seller.
2.3 The Seller shall not be bound by any variation, waiver or addition to these terms unless the same is agreed in writing by an authorised representative of the Seller.
2.4 These conditions shall supersede and override any conditions of purchase stipulated by the Buyer except and to the extent that any conditions of purchase are agreed in writing by an authorised representative of the Seller.
3 CONTRACT FORMATION
3.1 Quotations issued by the Seller shall be available for acceptance for a period of 1 day unless stated otherwise. Quotations may be withdrawn by theSeller at any time during this period by oral or written notice.
3.2 The Seller has the right to refuse any orders placed for goods at any time before the Seller accepts the order in writing.
3.3 The Buyer shall be responsible for the accuracy of any order placed and for providing the Seller with all such information as is necessary in order for the Seller to perform the Contract.
3.4 The Contract between the Seller and the Buyer shall come into effect on the Seller’s written acceptance of the Buyer’s order.
3.5 The Buyer shall not be entitled to cancel any order unless agreed in writing by the Seller.
4 DESCRIPTION AND QUALITY
4.1 Any specification supplied by the Seller to the Buyer shall only be approximate unless stated on the Seller’s quotation or agreed in writing by the Seller.
4.2 Unless otherwise stated the quality of the goods at the time of despatch to the Buyer shall be equal to the fair and average quality of that particular year’s crop.
4.3 Due to the nature of many of the goods sold by the Seller, no guarantee can be given that the goods will be 100% free from physical or microbiological contamination.
4.4 The Seller gives no condition or warranty as to the suitability of the goods for any particular purpose. It shall be the Buyer’s responsibility to ensure that any goods contracted for or supplied are suitable for the purpose for which they are purchased, or to put them into such a condition as will render them suitable, for any particular purpose.
4.5 Due to the perishable nature of many of the goods sold, the Seller is unable to give any warranty as to the length of time for which goods will remain fit for consumption unless indicated by a Best Before Date where such warranty shall apply. It is the responsibility of the Buyer to ensure such goods are stored appropriately and/or fumigated as necessary.
4.6 The Buyer shall accept the goods. If the goods supplied do not conform with their description or any sample or if they are not of merchantable quality then the Buyer shall accept the goods and the Seller shall either refund from the price paid or deduct from the price payable such proportion of the purchase price as represents the price paid for any such defective goods. The price allowance shall be the Buyer’s sole remedy. The Buyer shall forfeit the right to claim such an allowance if the claim is not made within 4 days of delivery of any defective goods or if the Buyer fails to provide such information and documentation as the Seller requires from the Buyer to substantiate the Buyer’s claim that the goods are defective.
4.7 The Seller reserves the right to make changes to the specification of the goods as required from time to time by law, applicable safety requirements and/or manufacturing requirements provided that they do not have a material adverse effect on the acceptability of the goods.
The price of this Contract is based on current costings. The price of the goods shall be as quoted to the Buyer by the Seller or as otherwise shown in the Seller’s price list current at the date of the acceptance of the order.
5.1 Except when stated otherwise, the price shall exclude delivery.
5.2 The Seller’s prices are inclusive of any applicable VAT for which the Buyer shall additionally be liable. The price of the Products will be as quoted on the Website at the time the order is placed. If the Seller has by obvious mistake underpriced any Product, the Seller not be liable to supply that Product at the stated price. The Seller will endeavour to notify the Buyer before despatch. If the Buyer subsequently amends the order, the prices charged will be those applicable to the amended Products at the time of the order being confirmed.
5.3 Payment for Products may be made by credit card or debit card or cash or cheque (on the Buyers receipt of your order and provided that any cheque is supported by a valid cheque guarantee card).
7 DELIVERY Postal charges in the UK (inc N Ireland)
7.1 STANDARD DELIVERY. Orders with the STANDARD DELIVERY (Recorded Mail) option selected will be delivered within the UK normally within 3 working days of dispatch. Goods shipped within the EU will normally be delivered within 10 working days and goods shipped to USA, non-EU Europe and the Rest of the World will normally be delivered within 15 working days of dispatch, in accordance with Royal Mail service stipulations.
7.2 All UK Recorded Mail options will require a signature upon delivery. If no one is available to receive the parcel at the specified address, the postman will leave a card detailing where the parcel can be collected or how to arrange a convenient redelivery. Any instruction given at the time of purchase asking for the item ‘to be left’ outside will be at the customers own risk and UGG Food Limited cannot be held responsible for any subsequent damage, loss or tampering of the parcel.
7.3 Any parcel sent to a PO Box address will have to be sent unrecorded, as recorded parcels require a signature.
7.4 EXPRESS DELIVERY. UK and EUROPEAN orders with EXPRESS DELIVERY option selected that are received by 12pm (GMT) will be shipped from the warehouse that day provided stock is within the warehouse. All such items will be received within 48 hrs from the despatched date. Please note that the Sellers courier does not deliver on a Saturday or Sunday.
7.5 USA and the Rest of the World with the EXPRESS DELIVERY option selected that are received by 12pm (GMT) will be shipped from the warehouse that day provided stock is within the warehouse. All such items will be received within 48 hrs.
7.6 Any order placed after 4pm (GMT) will be despatched from the warehouse the following working day and will be received 24 hours from the despatched date.
7.7 Please note express delivery is not currently available to the following countries: Cyprus, Greece, Hungary, Sweden or Turkey.
7.8 LOSS OR DAMAGE It shall be the responsibility of the Buyer to notify the carrier, warehouse and Seller of any loss or damage to goods in writing within 2 days from the date of delivery, or if goods are sold ex store then within 2 days from the date of the delivery order.
7.9 The Seller shall have no Liability whether resulting directly or indirectly for any loss and/or damage to the goods if the Buyer fails to comply with Clause 7.8.
Orders can be cancelled at any time up until the moment they are dispatched. The Seller will promptly and fully refund the cost of any Products that do not meet with the Buyers reasonable satisfaction. If the Buyer wishes to return a Product to the Seller (because the Buyer claims that the Product is defective), after inspection of the Product, please contact us immediately using the Contact Us section of the Sellers Website before returning the Product,. The Seller will examine the returned Product and will notify the Buyer of any refund via e-mail within a reasonable period of time. The Seller will usually process the refund due to te Buyer as soon as possible and, in any case, within 30 days of the day we confirmed to the Buyer via e-mail that the Buyer is entitled to a refund for the defective Product. Products returned by the Buyer because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to the Buyer and the cost incurred by the Buyer in returning the item to the Seller. 8.1 The Seller will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the purchase. 8.2 If the Seller has sent an incorrect item, the Buyer needs to notify the Seller as soon as possible. If the Buyer would like the Seller to replace the incorrect item with the item that ordered, the Seller shall send you the correct one as soon as possible. The Buyer will not be charged for the incorrect item.
9 FORCE MAJEURE
The Seller shall have no Liability to the Buyer for any delay in performance of this Contract to the extent that such delay is due to any events outside the Seller’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, civil disturbances, malicious damage, explosion, governmental actions, accident, interruption of traffic or production, lack of shipping space, regulations and/ or restrictions by any government and/or regulatory authority, alteration of regulations and/or restrictions by any government and/or regulatory authority, lack of import or export licences, or any other cause interfering with the manufacture or delivery of goods, and any other similar events. If the Seller is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
10 PROPER LAW
This Contract shall be governed by the laws of England and Wales.
The parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
12 CUSTOMER COMPLAINTS
If you have any complaints, comments or queries, please contact us on the e-mail address listed on the Website in the “Contact us” section.