These are the Terms and Conditions of Business of The Gorgeous Food Company ("We", “Us”, “the Company”, “the Seller”) as of 1st February 2016. The Gorgeous Food Company is a trading name of The Gorgeous Food Company Ltd, Company No: 06606598, VAT No: 935115733, Registered Address: 17-18 Corinium Business Park, Speculation Road, Cinderford, Gloucestershire, GL14 2YD. Any orders accepted from the Buyer (“the Customer”, “You”) are subject to these Terms and Conditions of Business. These Terms and Conditions apply in preference to and supersede any Terms and Conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealing between the parties with reference to the goods with which this contract is concerned. We are unable to accept conflicting Terms of Purchase, which are hereby excluded. All orders placed by the Buyer shall be deemed to be conclusive evidence of acceptance of these Terms and Conditions.
Any description given or applied to the goods has been given by way of representation only and the use of such description shall not constitute a sale by description. For the avoidance of doubt the Buyer hereby affirms that no reliance was placed on any description when entering into the contract.
No liability of any nature shall be incurred or accepted by the seller in respect of any representation made by the seller or in respect of any express term of this contract, or on its behalf of the buyer prior to the making of this contact where such representations were made or given in relation to the correspondence of the goods with any description, or the quality of the goods or the fitness of the goods for any purposes whatsoever. Each provision of the clause is to be construed as a separate limitation applying and surviving even if for any reason one or other of the
foregoing provisions is held inapplicable or unreasonable in any circumstances and shall remain In force not withstanding termination of this contract.
Payment & Accounts
The Buyer’s first three orders are to be settled by pro-forma invoice. Subsequent orders may be accepted on a credit account subject to relevant checks and trade references. All invoices must be paid within 30 days from date of issue. If payments are not received by the due date, we reserve the right to remove any credit facility and charge the Buyer interest at 8% above Bank of England base rate for every calendar month until all outstanding amounts are paid in full. For this calculation the calendar month which the account should have been paid is included. Any bank charges incurred, such as unpaid or returned cheques will be passed to the Buyer. We also reserve the right to refer the Buyer’s account to an external debt collection agency if invoices remain unpaid, in such cases any costs or charges incurred by so doing will be passed to the Buyer. In any case We reserve the right to suspend or terminate trading with the Buyer on these Terms and Conditions if it is in the Company’s opinion that there is a deterioration in the Buyer’s creditworthiness. We also reserve the right in our absolute discretion at any time to insist upon payment by means of cleared funds before providing goods, not withstanding any subsisting agreement to provide credit to the customer. The Seller is able to accept payment for goods by way of cheque, bank transfer, debit or credit card.
Until payment for the goods is made in full, the goods shall remain the property of the Seller, but the risk therein and all liability to third parties in respect thereof shall pass to the Buyer on delivery. The Buyer shall keep the goods in such a manner that they shall be identifiable by the Seller. The Buyer may sell the goods in the normal course of its’ business but in a fiduciary capacity as bailee of the goods shall hold and pursue all claims for the proceeds of there sale equal to the price of the goods for and on behalf of the seller. In the event of non-payment by the Buyer by the due date, the Seller shall be entitled in addition to all other rights to enter any premises where the goods may be and recover possession of them.
All prices shown in Pounds Sterling are strictly net and are subject to change without notification. Every effort will be made to maintain prices but variations in costs and/or currency exchange rates may necessitate immediate price changes and all orders are placed on this basis. Without prejudice to the generality of the foregoing, any change in the applicable rate of VAT or of any other Government tax or levy shall be applied to the Buyer’s account.
Products subject to VAT at a rate of 20% (subject to Government changes as referred to in the previous clause) are so marked in the VAT column of the invoice. All other products are subject to zero rates and indicated accordingly.
Carriage free orders are subject to a minimum order value of £150 net. A £8.95 +VAT delivery charge will be applied to all orders valued below £150 net. Free delivery is only available to addresses in England, Wales and Mainland Scotland. For orders to addresses in Scottish Highlands and Islands, Northern Ireland, Isle of Man, Channel Islands or outside UK please contact us to discuss delivery charges and timescales. Any delivery dates given are approximate and late delivery will not be an acceptable reason for refusing products unless the Seller is informed in writing before the products are dispatched.
Any discounts or promotions are based on net order values.
All products must be checked upon receipt and any shortages or damaged goods must be marked on the delivery note at the time of delivery and a claim in respect of any such shortages made immediately by telephone and confirmed in writing within three days of receipt of the consignment.
Sale or Return
The Seller does not offer goods on sale or return basis and no employee of the Seller is authorised to accept orders on a sale or return basis. It is therefore the responsibility of the Buyer to sell the products prior to the expiry of any “best before” or “use by” date. The Seller’s stockholding and distribution systems are designed to allow stock to be dispatched in date rotation order. No products are to be returned to the Seller without the prior agreement in writing of the Seller. Unless such agreement is obtained no credit can be issued. Credit cannot be given for products that are price marked
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of cancellation.
The Seller reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of it’s business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials, providing that, if the event in question continues for a continuous period in excess of sixty days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the contract.
In order to offer an efficient service We need to collect and hold some information from You. The information held is to allow Us to accept and complete orders and collect payment. We do not give, hire or sell information to third parties. We may wish to contact you in the future if there are products that We believe may be of interest to you. We collect and hold information lawfully and in accordance with the Data Protection Act 1998.