Please read these terms and conditions carefully as it governs the relationship between you and us, and limits our liability to you when you purchase products from us. By accepting these terms and conditions you are forming a contract with us and agreeing to the terms and conditions that appear below. References to "you" and "your" are to you as an individual. References to "us", "our" and "we" are to Our Shop.
1. Your Order
1.1 Each order placed by you with us shall be an offer by you to us to buy products subject to these and the website terms and conditions.
1.2 No order you place shall be deemed to be accepted by us until we have received payment from you and issued confirmation of the order.
1.3 You must ensure that the terms of your order, including the address for delivery, are complete and accurate.
1.4 All quotations and advertisements for products given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.
1.5 We shall endeavor that all orders are met. We do not, however, guarantee the availability of any product at any time. Where a product is temporarily out of stock we will advise you of when we expect to be able to fulfill orders, however this is an estimate only and shall not be binding upon us.
1.6 Sometimes stock may be withdrawn or discontinued. We shall make every effort to update the website at all times, but you understand and acknowledge that we are not liable to you for any failure or delay to fulfill an order due to products being out of stock, withdrawn or discontinued.
1.7 Once an order has been placed by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have dispatched the products we are unable to cancel any orders.
2.1 Delivery of the products shall take place at the delivery address contained in your order.
2.2 Any dates or times specified by us for delivery of the products are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice.
2.3 Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).
2.4 If for any reason you or the person at the delivery address refuses to accept delivery of the products, all risk in the products shall pass to you and we may, at our discretion, charge for return of the products to us, a storage fee and a redelivery fee to another address nominated by you.
2.5 The cost of delivery shall be calculated when you place your order with us and payment shall be due at the time of payment for the products.
3. Price and Payment
3.1 Unless otherwise agreed between you and us, the price for the products shall be the price advertised on the website as published on the date of the order.
3.2 The price for the products shall be exclusive of VAT and only exclusive of carriage if you order the number of items to benefit from free delivery as stipulated on the website.
3.3 Payment for the price of the products shall be due in pounds sterling at the time of the order.
3.4 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.
4.1 All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from this Agreement.
4.2 All products carry the warranty stated on the product description.
4.3 We shall only extend the benefit of the manufacturer's warranty to you, and do not separately warranty the products ourselves.
4.4 In the event of the product requiring replacement or repair under the warranty, you must contact the manufacturer directly.
5 - Cancellation and returns :
The Buyer shall be entitled to cancel the Order for Stocked Products by giving to the Seller notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by telephoning, faxing, emailing or mailing to the contact details below. If there is a defect or fault in the Goods, the Buyer is required to notify the Seller of the problem at the time of cancellation by calling 0800 046 3340.
Free Phone: 0800 046 3340
Free Fax: 0800 066 4400
Post: Sales Department, Flexpak Produce, 1B Waterside Park, Valley Way, Wombwell, Barnsley, S73 0BB
On cancellation, the Buyer shall return the Goods to the Seller at its own cost unless the Goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Seller, in which case the Seller will meet the cost of return subject to being able to nominate the carrier.
If the Buyer wishes to cancel an order for non-stocked products, this must be done before the order is confirmed. Non-stocked products cannot be returned once your order is confirmed. Non-stocked products include products with a delivery time of longer than next day delivery.
Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, The Seller will only accept unwanted products at its sole discretion within 30 days of delivery. The goods must be unopened, in a saleable condition and will be subject to a restocking fee of £30.00 or 20% whichever is the greater.
The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale. The Seller reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyer's failure to comply with this clause 5.5. Goods are not Dispatched or Sold on a trial or return basis.
On receipt of the returned goods the Seller will credit, exchange or refund the value of the goods to the Buyer, subject to clauses 5.3 - 5.5.
Product warranties do not include consumable parts or where products have been damaged through misuse. A credit or repair for returned products will only be issued after inspection and confirmation that the fault is covered by the manufacturer warranty. Please call us on 0800 975 2782 and we will issue a returns number for collecting the item. Standard carriage rates will be charged on returned products that do not fall within the warranty cover.
6. Limitation of Liability
6.1 Without prejudice to the other provisions in these terms and conditions, these provisions set out our total financial liability to you.
6.2 All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
6.3 Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.
6.4 Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order.
8.1 We may transfer and/or assign our rights or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under the terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions to any other person.
9.1 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.
11.1 We reserve the right to unilaterally vary these terms and conditions from time to time. You should check and read the terms and conditions for any updates and/or amendments before placing any order with us. If you do not agree to any of the terms and conditions at any time you should not place any order with us.
12. Third Party Rights
12.1 We and you do not intend that any provision in the Terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these terms and conditions.
14. Governing Law and Jurisdiction
14.1 We shall endeavor to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.