Terms & Conditions
The following terms and conditions will apply to any order you place with us. If you are unable to agree to them, we are afraid that you will not be able to use our ordering service and you should not proceed with your order. These terms and conditions will apply to your order.
For your convenience, we have listed below some general information about ourselves:
– We are JDs Foods Ltd and our business address is 14 Commercial Road, London, N18 1TP England
– If you have an order related query, you may contact us as follows:
– Phone: 0208 884 1639
– E-mail: firstname.lastname@example.org
– Our VAT Number is 455 2710 56
– Our Alcohol Wholesale Number is XZAW00000100187
If you would like to buy any Goods on this Website, please click on ‘Place Order’. This will be an offer from you to buy the Goods. We reserve the right to reject any offer received from you. If we accept your offer, we will notify you. A legally binding contract will be formed between us at the time of sending the notification to you.
You agree to be bound by the terms and conditions set out below. We may vary our terms and conditions at any time.
All orders are accepted by us (“the Company”) subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and you (“the Customer”) or set out in the Customer’s standard terms and conditions. If there is any conflict between the other provisions of this Web Site and these Conditions; or
the provisions of your order and these Conditions then, unless the Company otherwise agrees in writing, these Conditions will prevail. Together with any terms accepted by the Company in writing in connection with your order, these Conditions constitute the entire agreement between the Company and the Customer . No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.
Prices are in £ sterling, exclusive of VAT. Payment will be by Credit or Debit card only. We do not accept Amex. The Company has used all reasonable endeavours to ensure that prices are accurately set out in the Web Site but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when your order is accepted. Where your order is supplied in instalments (“Scheduled Delivery”) the price payable will be that applicable at the time of despatch of the first part of your order but, where Scheduled Delivery may continue for a period of 90 days or more, the Company reserves the right to charge the Customer further amounts if the price of the Goods increase before the end of that period.
Payment is due in cleared funds prior to despatch of Goods. We accept most major types of card but do not accept Amex. We also require that cards be registered to a UK address and that they be registered with 3D secure. This is to ensure that all payments are made on a secure network and customers are protected against fraudulent activity.
The Company reserves the right to decline to trade with any company or person.
Minimum order is 1 item online. An item is defined as 1 x minimum quantity that can be ordered of a specific item. (Please note that in some instances products are only available in cases and this one case is the equivalent of 1 item only).
“Single” prices are for orders of less than 12 items in your trolley.
“Mix (12+)” prices are applied for orders of 12 or more items. In this instance, the prices will change automatically for your entire order.
For some items where they are more than 1 bottle in a single item we offer the discounted price regardless of number of items in your trolley and these will be identifiable as prices will appear the same for both on these items.
Once accepted, no order may be cancelled without the prior written agreement of a director of the Company.
Orders may be accepted by the Company by despatching the Goods, but despatch will not be acceptance where the price has been incorrectly quoted or referenced by the Customer in its order.
The Company will use reasonable endeavours to despatch Goods ordered the following day (Monday to Thursday) on the day of order and any Goods ordered after that time the next working day. This is provided that the Goods are in stock.
Where Goods ordered are not in catalogue or are non-stock items, it may not be possible for the Company to arrange same or next day working despatch, but the Company will make reasonable endeavours to notify the lead times for Goods, where known.
Delivery will be made to the address specified by the Customer.
The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates, but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.
6. Inspection, defects and non-delivery
The Customer must inspect the Goods upon delivery.
The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods unless written notice is given to the Company within 1 working day of the date when Goods should have been delivered. The liability of the Company for non-delivery or non-performance or for Goods notified as defective will be limited to replacing the Goods in question, or to refunding the price paid for the relevant Goods.
Prior to returning any Goods to the Company for any reason, the Customer must use the returns form on our website). All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.
To be accepted for return on this basis, Goods should be returned with a return number, undamaged by the Customer and in their original packaging.
Any goods returned will be subject to a handling charge of 20% or £10 whichever is greater.
8. Distance selling regulations
If, the Customer is buying as a ‘consumer’, as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided he or she has taken reasonable care of the Goods, return the Goods and be repaid the price paid in respect of them within 7 working days (excluding Saturday and Sunday and any UK Bank Holiday) after their delivery. To return Goods on this basis, the Customer must notify the Company in writing and return the Goods, in their original packaging, within the 7 day period to the address of the Company quoting the Customer’s account number and invoice/order number. Goods should be returned with proof of posting and the Customer is responsible for payment of all postage costs. In respect of certain Goods the Company may prefer to arrange collection itself and, if requested, the Customer will allow the Company to collect the Goods and will assist in the arrangements for the Goods’ collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending their return or collection. Following receipt of Goods which comply with this Condition, the Company will refund to the Customer the price paid in respect of the Goods less any costs of collection.
All specifications, drawings, illustrations, data sheets, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation wherever they appear, (including on despatch notes, invoices or packaging) are intended to give a general idea of the Goods, but will not form part of the Contract.
10. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises. Ownership of the Goods shall pass at the same time the Goods are unloaded.
11. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Goods to comply with such criteria, whether attributable to the Company’s negligence or otherwise. The responsibility for ensuring that Goods are sufficient and suitable for a particular purpose is the Customer’s, unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer’s risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 13, the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Goods or, at the Company’s option, the supply of replacement Goods.
The Company will, free of charge, repair or, at the Company’s option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design.
This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow the manufacturers’ instructions for storage or usage of the Goods;
if the Customer has failed to promptly notify the Company of any defect where the defect should have been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 1 month (or such other period as the Company shall specify at the time of acceptance of the order) of the date of despatch of the Goods.
Any replacement made will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Goods. Any Goods which have been replaced will belong to the Company.
The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any replacement.
The Company’s sole obligation and liability, should any Goods prove damaged or defective shall be limited to, at the Company’s option, the replacement of the relevant Goods or the refund of the price paid for the relevant Goods.
The Company’s sole obligation and the Customer’s sole remedy for damaged or defective Goods is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) and all such representations, conditions and warranties are excluded.
13. Exclusion of Liability
The Company does not exclude its liability to the Customer:
For breach of the Company’s obligations under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
For personal injury or death arising as a result of the Company’s negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
Any of the Goods, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Goods by the Company or on the part of the Company’s employees, agents or sub-contractors;
Any breach by the Company of any of the express or implied terms of the Contract;
Any use made or resale or on-supply of any of the Goods or any product incorporating any of the Goods or developed using the Goods;
Any acts or omissions of the Company at the Customer’s premises;
Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or
Otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
The Company’s total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to r replacing Goods or, at the Company’s option, refunding monies already paid in respect of the Goods.
14. Intellectual property rights
The Goods are subject to the intellectual and industrial property rights including patents know how, trademarks, copyright, design rights utility rights, database rights and/ or other rights of the Company and third parties. No right or licence is granted to the Customer, except the right to use or re-sell the Goods in the Customer’s ordinary course of business.
15. Use of Personal Data
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the UK Data Protection Act 1998).
We collect information about you for 2 reasons: to process your order and to provide you with the best possible service, relevant to you.
We will not e-mail you in the future for anything unrelated to this current visit, unless you have given us your consent.
We will give you the chance to unsubscribe from any marketing email from us, should you wish to do so.
The type of information we will collect about you may include: Your name, address, phone number, email address, your order details. These will be kept on file purely so that we can deliver the best possible service, and will not be given to any third party.
We ask for your Credit/debit card details on payment of your order, and these are securely sent to our payment portal to process payment. At no point to we record these details.
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct them promptly.
The personal information which we hold will be held securely in accordance with the law and your protection. We may use technology to track how visitors use our site. This can include using a “cookie”. More details on this are at the bottom of the page.
In the event that the Company sends promotional material to the Customer in relation to goods available from the Company, these Conditions shall apply to all Goods purchased from such material.
17. Country of origin
Unless otherwise confirmed by the Company in writing, nothing is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.
The Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Goods. The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Goods.
19. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company’s obligations under this Contract if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
20. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any court of competent jurisdiction.
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be a waiver of any rights under these Conditions of Supply.
The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. These Conditions supersede any prior agreements or arrangements.
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