CONDITIONS OF SALE
In these conditions unless the context requires otherwise.
“Buyer” means the person or company who buys or agrees to buy the goods from the seller.
“Seller” means the supplier, trading with the website fascia as “Fast Popcorn” or “Catering Ideas” or “PopcornVending”.
“Conditions” means the terms and conditions of sale set out and any special terms and conditions agreed in writing by the seller.
“Delivery Date” means estimated date specified by the carriers when the goods are to be delivered.
“Goods” means the articles which the buyer agrees to buy from the seller.
“Price” means the price for the goods including carriage, packing, excluding insurance and vat unless otherwise stated.
These conditions shall apply to all contracts for the sale of Goods by the Seller to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
These conditions include the “Useful Information when taking delivery of goods” as set out herein.
1.1 Although every effort has been made to ensure that the illustration, price, description, measurement and specification of goods in our online advertisement are correct such information is published for the sole purpose of giving an approximate idea of the goods represented by or described in them. They will not form part of the Contract. Where any such details are important the buyer should themselve’s verify the information before placing an order.
1.2 The seller warrants that the goods supplied will at the time of delivery correspond to the description given by the seller but not withstanding clause 1.1. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
2.1 The buyer shall be responsible to the seller for ensuring the accuracy of any order.
2.2 No order which has been accepted by the seller may be cancelled except on terms that the buyer shall indemnify the seller against all loss (including loss of profit), costs, charges and expenses incurred by the seller as a result of cancellation.
2.3 No Goods are supplied on a “Sale or Return” basis unless prior written agreement is received
2.4 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions and the prevailing useful information as set out above.
2.5 Any Order is subject to acceptance by the seller. The seller is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods to the seller does not in itself constitute acceptance of the Order.
2.6 All Orders may be subject to further credit or security checks.
2.7 The seller may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice the seller shall promptly repay to the buyer any sums paid in respect of the Price. The seller shall not be liable for any loss or damage whatever arising from such cancellation.
- PRICING POLICY AND TERMS OF PAYMENT
3.1 The Seller reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clauses in our Pricing Policy.
3.2 All purchase orders are deemed confirmed when payment has been made in full. We do not provide credit on accounts.
3.3 All prices are quoted in British Pound Sterling.
3.4 We make every effort to correctly portray the items and information contained in this web site. In the event of pricing errors, errors in descriptions, and informational content errors, we will attempt to correct the situation in a timely fashion once notified.
3.5 We will not be held liable for pricing errors, errors in descriptions or informational content errors in this website and we reserve the right to cancel any order or refuse shipment at any time with written notice to the buyer.
3.6 The majority of the goods, the price includes the cost of carriage by the seller to England, Scotland (excluding highlands) and Wales. Deliveries to other destinations will be charged separately where the seller undertakes delivery of the goods.
3.7 In the event of any increase in the cost to the seller of supplying the goods caused by any reason whatsoever the seller may on giving notice to the buyer at any time before delivery adjust the price.
3.8 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and the seller may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
3.9 If any Goods are unavailable or out of stock then the seller may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, the seller may vary the Order with the Customer’s approval.
3.10 We rely on a heavily automated process to provide you with the fastest service possible. For this reason, once you place an order with us the suppliers, your credit card is automatically charged. Once an order has been placed, price adjustments cannot be made at any time for any reason. The seller is under no obligation to honour the price in the website if the Order is placed while prices are being updated.
3.11 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case the seller shall be under no obligation to honour the incorrect price or Order.
3.12 In special items the quantity and description of the goods shall be as set out in the seller’s quotation.
3.13 The buyer may not withhold payment of any invoice or other amount due to the seller by reason of any right of setoff or counter claim which the buyer may have or allege to have or for any reason whatever. The seller has the rights to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods. The buyer herby grants an irrevocable licence to the seller for this purpose.
- DELIVERY AND ACCEPTANCE OF GOODS
4.1 The buyer needs to ensure that all products will fit through doorways and onto premises, the seller will not accept responsibility if it will not fit. Any carriage charges caused by aborted delivery are the Customers responsibility.
4.2 The seller will use reasonable endeavours to deliver the goods within the time agreed when the buyer places an order . If despite those endeavours, the seller is unable for any reason to fulfill any delivery or performance on the specified date, the seller will be deemed not to be in breach of the contract, nor (for the avoidance of doubt) will the seller have any liability to the buyer for direct, indirect or consequential loss all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill, and like loss, however caused. Including as a result of negligence by any delay or faluire in delivery except as set out in this condition.
4.3 If the buyer fails to take delivery of the goods, the seller shall be entitled to invoice and be paid for the goods as though they had been duly delivered. The seller may arrange storage of the goods until actual delivery and charge the buyer for the reasonable costs of storage.
4.4 It is the buyer’s responsibility to inspect the goods at the time of delivery. The seller accepts no responsibility for alleged non-delivery, shortfall of goods, damage on delivery or other discrepancy unless notification in writing is received within 24 hours from the date of delivery. In the absence of such notification the buyer shall be deemed to have accepted the goods.
4.5 The buyer, shall notify the seller of any non – delivery of a whole consignment of complete cartons within 24 hours of the date of dispatch. Notwithstanding the receipt by the seller of any such notice a signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of cartons indicated on the advice sheet. The seller shall not be liable for any loss or damage whatever due to failure by the seller to deliver the goods or any of them promptly or at all. Not withstanding that the seller may have delayed or failed to deliver the goods or any of them promptly the buyer shall be bound to accept the delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of delivery date.
4.6 The buyer must ensure that someone is on site to accept and sign for delivery. Any signature taken to accept delivery is binding.
4.7 Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these conditions. After acceptance the buyer shall not be entitled to reject the goods which are not in accordance with the contract.
4.8 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question. The buyer shall be deemed to have accepted the goods when signed for after delivery. Goods sold are not insured for delivery unless confirmed as insured by the seller.
- WARRANTY OF GOODS
5.1 To supply to manufacturers parts only Limited Warranty. Goods are guaranteed in accordance with the terms of the manufacturer’s warranty. Any part which proves to be defective in material or workmanship within 12 months from the date of purchase providing such part is returned and dispatch charges are prepaid. This warranty does not apply to a part damaged by negligence, accident, abuse, misapplication, misuse or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance and cleaning). Neither can we honour any claims for repairs in relation to this. The Seller may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without the sellers prior endorsement or approval. If the seller suspects the goods have been improperly installed or connected with. Or any maintenance requirements relating to the goods have not been compiled with.
Guarantee does not include bulbs, door seal, fuses, glass or damage to mains lead. If at anytime during a guarantee period a call is requested. All submission of guarantees must be made in writing, email is accepted.
- EXCLUSION OF LIABILITY AND FORCE MAJEURE
6.1 The provisions of the contracts rights of third parties act 1999 shall not apply to this contract and a person or company who is not a party to this contract shall have no right under the Act to enforce any term of the contract.
6.2 The Seller shall not be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lock out, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of the seller. (‘Force Majeure Event’)
6.3 Under no circumstances are we the seller liable for any consequential loss, special damages or other indirect loss.
6.4 If any dispute or difference shall arise between the parties as to the meaning of this contract or any matter or thing arising out of or connected with this contract then it shall be referred to the determination of an arbitrator to be appointed by agreement of the parties or by the president for the time being of the Lincolnshire Law society.
Fast Popcorn may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions.
6.5 This contract is subject to the law of England and Wales.