Fire & Food BBQ Store- Terms and Conditions of Sale
1. These Terms and Conditions will apply to the purchase of Goods, by you (the Customer or you) from Fire and Food BBQ Store of Unit 7-8, Bracewell Avenue, Poulton, FY6 8JF with the email address email@example.com (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you as the Customer. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. These Terms and Conditions supersede any previously issued terms and conditions of sale or purchase by either party.
3. Definitions and interpretation.
3.1 In these Conditions the following definitions apply:
|Business Day||means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England;|
|Conditions||means the Supplier’s terms and conditions of sale set out in this document;|
|Contract||means the agreement between the Supplier and the Customer for the sale and purchase of the Goods incorporating these Conditions and the Order;|
|Customer||means the person who purchases the Goods from the Supplier and whose details are set out in the Order;|
|Force Majeure||means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.|
|Location||means the addresses for delivery of the Goods as set out in the Order;|
|Order||means an order for the Goods placed by the Customer|
|Order Acknowledgement||means acknowledgement of the Order issued by the Supplier to the Customer. The Order Acknowledgement confirms that the Contract is agreed on the basis of these Terms and Conditions.|
|Price||has the meaning given in clause 4;|
|Specification||means the description, any samples, or specification of the Goods and their packaging set out or referred to in the Order;|
The Price for the Goods shall be as set out on the Website or in the Order Acknowledgement sent to the Customer or as agreed by the parties.
5.1 The Customer will be required to pay the total amount due at the time the Order is made or, if agreed by the Supplier, on receipt of the Order Acknowledgement from the Supplier.
5.2 The Customer can make the Payment to the Supplier in the following ways:
5.2.2 Card payment via telephone;
5.2.4 Any other online payment mechanism as specified on the Website.
6.1 An Order shall specify whether the Goods are to be:
6.1.1 delivered by the Supplier, or by a carrier appointed by the Supplier, to the Location on the date(s) specified in the Order; or
6.1.2 made available for collection by the Customer at the Supplier’s, or carrier’s, premises set out in the Order Acknowledgement (as the case may be). If appropriate, the Customer shall collect the Goods within the period specified in the Order.
6.2 The Customer shall have no claim for any defect or damage apparent on visual inspection of the Goods unless:
6.2.1 The Customer inspects the Goods on arrival at the delivery Location or other agreed destination and signs the Goods as damaged;
6.2.2 A complaint is made by email by the Customer to the Supplier immediately within 24 hours of receipt of the Goods;
6.2.3 The Supplier is given an opportunity to inspect the Goods and investigate any complaint before any use is made of the Goods.
6.2.4 If a complaint is made to the Supplier as provided in these Terms and Conditions, then the Supplier will notify the carrier and make arrangements with the Customer to inspect the Goods (as provided in clause 6.2.3 above) and, if appropriate, agree with the Customer for replacement Goods or cancellation of the invoice.
6.2.5 The Supplier shall not be liable for any delay in or failure of delivery caused by:
184.108.40.206 the Customer’s failure to: (i) make the Location available, (ii) provide the Supplier with adequate instructions for delivery or otherwise relating to the Goods;
220.127.116.11 Force Majeure.
18.104.22.168 The failure of a third party to perform any part of any contract with the Supplier.
7. Returns & Refunds
7.1 The Customer must first complete the online returns form or send an e-mail to firstname.lastname@example.org, such e-mail is to include:
7.1.1 a copy of the Customer’s invoice or Order, and
7.1.2 the Customer’s contact telephone number and email address, and
7.1.3 the Customer’s reasons for returning the item.
7.2 Returns on perishable food goods will only be accepted within their use by date. Please be aware that we do not accept returns on certain products due to health and hygiene reasons.
7.3 The Customer must return the Goods within 14 days after delivery or as otherwise specified by the Supplier, and unless the Goods are faulty; in such case, the Customer must return the Goods within 30 days of delivery.
7.4 The Customer should return the Goods to Unit 7, Globe Works, Globe Lane, Dukinfield, SK16 4RE. Refunds may not be given or partial refunds may be given at the Suppliers discretion if:
7.3.1 Any item is returned not in its original condition, is damaged or missing parts for reasons not due to our error.
7.3.2 Any item not returned in accordance with clause 7.2 and 7.3.
7.3.3 Items purchased between Thursday 19th November 2020 and Thursday 17th December 2020, can be returned until Friday 15th January 2021.
8. Risk and Title
8.1 Risk and damage to, or loss of, the Goods will pass to you when the Goods are assessed by you upon delivery for damage or faults and are signed as damaged or unchecked.
8.2 The Customer will have no claim for the damage or fault if the Goods are not signed as damaged on delivery.
8.3 If the Goods are damaged, the Customer has 48 hours to inform the Supplier of the damage.
8.4 Title to the Goods shall pass to the Customer on delivery.
9.1 The Supplier warrants that the Goods shall, for a period of three years from delivery (the Warranty Period):
9.1.1 conform in all material respects to the manufacturer’s specification.
9.1.2 be free from material defects in design, material and workmanship; and
9.1.3 be of satisfactory quality within the meaning of the Consumer Rights Act 2015.
10. Limitation of liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
11. Force majeure
11.1 A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
11.1.1 promptly notifies the other party of the Force Majeure event and its expected duration; and
11.1.2 uses its best endeavours to minimise the effects of that event.
12.1 Your privacy is critical to us. We respect your privacy and comply with the General Protection Data Regulations with regard to your personal information.
13.1 The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving 30 days notice in writing to the Customer if:
13.1.1 the Customer commits a material breach of the Contract and such breach is not remediable;
t13.1.2 he Customer commits a material breach of the Contract which is not remedied within 14 Business Days of receiving written notice of such breach;
13.1.3 the Customer has failed to pay any amount due under the Contract on the due date and such amount remains unpaid 30 days after the date that the Supplier has given notification to the Customer that the payment is overdue; or
13.1.4 any consent, licence or authorisation held by the Customer is revoked or modified such that the Customer is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.
14. Entire agreement
14.1 The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
14.2 Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
14.3 Nothing in these Conditions purports to limit or exclude any liability for fraud.
No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed by, or on behalf of, the Supplier.
If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
17.1 No failure, delay or omission by the Supplier in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
17.2 No single or partial exercise of any right, power or remedy provided by law or under the Contract by the Supplier shall prevent any future exercise of it or the exercise of any other right, power or remedy by the Supplier.
17.3 A waiver of any term, provision, condition or breach of the Contract by the Supplier shall only be effective if given in writing and signed by the Supplier, and then only in the instance and for the purpose for which it is given.
18. Conflicts within contract
If there is a conflict between the terms contained in the Conditions and the terms of the Order, schedules, appendices or annexes to the Contract, the terms of the Conditions shall prevail.
19. Governing law
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
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