NDCC Ltd:
Terms & Conditions: Please read prior to purchase.
1. Terms & Conditions
These terms and conditions apply to the use of this eBay store.
By accessing this eBay store and/or placing an order, you agree to be bound by the terms and conditions set out below.
These terms and conditions set out by NDCC Limited will apply to all orders for Products which are being sold on our eBay store. We reserve the right to change the terms and conditions from time to time. By accepting these terms of sale you also agree to also accept the Terms & Conditions of eBay & PayPal.
You can find the User Agreement for PayPal Service on their website.
You can find eBay’s terms and policies including their user agreement, privacy policy & rules for buyers on the website.
If you do not agree to be bound by these terms and conditions, you may not use or access this eBay store.
2. Definitions
Conditions – means these terms and conditions
Cookies – means small text files which our Website places on your device’s hard drive to store information about your shopping session and to identify your computer
Personal Information – means the details provided by you upon registration with our Website
Product – means any product displayed for sale on the Website
We/us – means NDCC Limited, company registered in Scotland. Our registered address is 1 South Caldeen Road, Coatbridge ML5 4EG and the company registration number is SC362615.
Website – means the website located at www.eBay.co.uk or any other sub-domains of eBay which may be accessible unless expressly excluded by their own terms and conditions.
You – means any user of this Website.
3. Indemnity
You agree fully to indemnify us, our directors, employees, agents, and suppliers, and keep us harmless from and against all claims, liability, damages, losses, costs, and expenses, including reasonable legal fees arising out of any breach of the Conditions by you, or any other liabilities arising out of your use of this eBay store, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
4. Our Products
Products and their packaging may vary slightly from the pictures on this Website. Images of Products and their packaging on this Website are for illustrative purposes only.
We reserve the right to change the Products if required by any applicable statutory or regulatory requirements or to implement technical improvements.
If we make substantial changes, we will notify you and you will be able to end your contract with us and receive refunds of any payment made to us.
All Products are subject to stock availability. We endeavour to keep accurate stock levels. If a Product is out of stock, we will try to replace it with a similar product, if this cannot be replaced, we will either offer you a refund or to retain your order until such time as the Product is back in stock.
Some of the Products we distribute are pressurised gas capsules that contain hazardous gases such as Nitrous Oxide (N2O), Nitrogen (N2) and Carbon Dioxide (CO2).
We understand that some of the products we sell can be misused and to safeguard the general public and our customers we have stringent procedures in place. It is illegal for anyone under the age of 18 to purchase any pressurised gas capsules and we will require age verification from both the named purchaser of the Products and the intended recipient (if different from the billing name). If you have not yet verified your age on a previous order, you will be asked to send a scan/photo of your photo ID such as your driving license or passport for each named party. We cannot be held liable for delays to your delivery caused by the age verification checks in place but will work to process orders as quickly as possible once received.
These Products should only be used in accordance with the manufacturer’s description. Before using any of the gas cartridges we sell please read through the manufacturer’s instructions and the safety information.
We reserve the right to refuse sale to anyone who cannot prove they are over 18, or whom we suspect of abuse, misuse, distribution to minors or disregard of manufacturers’ storage instruction.
After your order has been processed, we may ask you of the intended use of the Products. Our staff are trained to ensure compliance with the Psychoactive Substances Act 2016 and will investigate and analyse each order. We reserve the right to hold an order for up to 72 hours to complete our investigation and to block your future orders should your order be rejected. For more details please refer to clauses 5 and 12 below.
There is currently a cap of 240 chargers per retail customer/residential address. Orders made exceeding this limit may be declined and the funds returned unless satisfactory statement of use is provided and/or additional questioning is deemed acceptable if required. We reserve the right to adjust this limit at any time without prior notice.
5. Use of our Products
Our Products should only be used in accordance with the manufacturers’ instructions and where necessary should only be used to assist in the preparation of food and beverages. Please read our Product Safety Information before purchasing any items from Catering Direct Limited.
If you buy cream chargers, you agree to comply with the provisions of the Psychoactive Substances Act 2016. Furthermore, you will also need to satisfy the eligibility criteria and Conditions as set out in clause 12 below.
Our Products are for personal use only and not for resale. We may ask how you intend to use our Products and reserve the right to refuse sale should we deem the response unacceptable.
If you wish to purchase the goods for re-sale, or for any other larger commercial operation please contact us for prior approval.
The Products may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written permission.
6. Price
The prices of the Products are quoted on eBay. We take reasonable care to ensure accuracy of the prices. However, if we discover an error in the published price of Product(s) you ordered, we may inform you of this error, management may decide to continue with shipping your order to you, however we may give you the option of either continuing to purchase the product at the correct price or cancelling your order.
Prices for our Products may change from time to time. These changes should not affect any order that we have already confirmed. However, we also reserve the right to cancel any such order where the price change makes the transaction no longer viable.
All prices are quoted in Pound Sterling and include VAT (where applicable) at the applicable current rate. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
If during the order process we are unable to contact you using the contact details you provided, we will treat the order as cancelled and notify you of the same in writing.
7. Payment
Payment must be completed before Products are dispatched. Delays in payment will delay delivery of the Products to you.
If you are importing our products to another tax jurisdiction, you may have to pay additional customs and excise duties and import tax in your country. Any such tax charges shall be your responsibility and we recommend that you check it with your local customs authority.
Payments should be made with PayPal for immediate dispatch.
By choosing to use PayPal, you are confirming that you agree to adhere to both our Conditions and the Terms and Conditions of PayPal as set out on their website.
We will not accept any liability for your failure to follow their security processes or for any fraudulent transactions occurring. Fraudulent orders cannot be refunded if the order has already been dispatched. Fraudulent activities are out of our control as Fraud Prevention is the responsibility of your bank and of the secure payment portals.
We will require international customers to make payment in Pounds Sterling.
You may choose to view the price of the products on our Website in any currency supported by us. The relevant exchange rate on the date and at the time you make payment will be applied on checkout which means that we will receive your payment in Pounds Sterling.
The price of the Products does not include insured postage or packaging. There will be an additional charge made relative to the size and number of Products insured for postage and packaging. This charge will be clearly shown at checkout.
8. Orders & Contract
All orders are subject to Product availability. A contract for sale is only created between us when your order is accepted by us. The contract is deemed completed when the Products ordered are dispatched to you after payment is received.
If you are placing an order for an item that by law we are only permitted to sell to customers who are 18 years or older (for example, cream chargers), then by clicking the order confirm button, you are also confirming that you are above 18 years of age. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age. We reserve the right not to supply an age-restricted product where we reasonably believe that you are below the eligible age to purchase the Product.
When you place an order with us, you will receive an automated order acknowledgement and subsequent automated email updates. Receipt of the order acknowledgement and email updates does not mean that the order has been accepted by us.
All orders are subject to internal analysis before dispatch by our Customer Services Order Analysis Team. Orders may need to be put on hold before dispatch if further investigation as to our ability to sell the Product(s) to you is deemed necessary. Such orders can be held for up to 72 hours. We are not liable for any loss or inconvenience such delays may cause you. Please see Clause 12 below that refers specifically to our Conditions in relation to the sale and purchase of cream chargers.
Products purchased from us are not for re-sale or distribution. We reserve the right to restrict the number of a particular Product you may order and reserve the right to cancel any orders which we suspect are being purchased for re-sale or distribution. If you intend to resell the product, please contact us about opening a Wholesale account.
We reserve the right to suspend the delivery and/or terminate the contract if any of our Conditions are breached.
9. Your responsibility
It is your responsibility to provide us with your correct Personal Information and when requested, proof of identity. It is your responsibility to provide us with any information we may need to fulfil your order.
If the Product is to be shipped abroad, you must check if the Products are permitted under the laws of the destination country and if the Products may attract local taxes or duties that you will need to pay.
10. Delivery
We will need to have your telephone number on record on every order in case of delivery or payment issues. If you provide us with inaccurate information, this may result in delivery delays.
We do not provide a personal collection service. Orders must be delivered to the billing address as specified on the records of your payment card. Please email us if you wish for the order to be posted to an alternative address. Such requests may cause delivery delays and we cannot guarantee that such requests to deliver to an alternative address may be authorised by our security team.
It is our policy that we do not post cream chargers to certain addresses such as university halls of residences, colleges, schools, hospitals, and parcel drop centers or lockers. We do not deliver to Jersey Island.
The above list of places we do not deliver cream chargers is not exhaustive and we reserve the right to cancel your order if we find that the address you have provided for delivery does not pass our internal investigations.
We use couriers to deliver our Products. By placing an order with us, you agree to use the couriers assigned to your order and to adhere to the Third-Party courier’s terms and conditions in addition to these Conditions.
Our Next Day Delivery Service is subject to a cut off time. If you choose Next Day Delivery, we are unable to provide guarantees that the courier will be able to fulfil the requirement to deliver by the following day.
Next Day Delivery is not available to orders deliverable to international and off-shore UK addresses. If you reside off–shore, please contact us prior to placing an order so that we can quote you the postage price. If you order cream chargers, you need to know that this order may take longer to deliver as nitrous oxide cannot be shipped via airmail and this may impact on delivery times.
We aim to dispatch our orders within 72 hours (excluding weekends and bank holidays).
Once the order is dispatched, we are not responsible for delays in the courier’s service. It is your responsibility to track the order. Please contact the courier directly if you think your order may be late or lost in transit. We do not accept liability for late or non delivery of orders as it is out of our control.
Upon delivery, the courier will require a signature from the person who accepts the parcel. If you request that the courier delivers the parcel without obtaining a signature, you do this at your own risk We will not be responsible if the product is missing or stolen, and you will need to follow up the matter with either or both the police and the courier company.
If you have provided delivery instructions to leave the parcel in a safe place or with a third party (such as a neighbour), please be aware that this is only a request to the courier and there is no guarantee that your instructions will be followed. Please also be aware that providing alternative delivery instructions will void the insurance liability with both us and the courier.
We cannot accept liability if couriers leave parcels in a ‘safe place’ when it has not been requested and the parcel goes missing.
We accept no liability if the courier’s tracking system records a completed delivery, but you claim to not have taken possession of the parcel. In such a situation you must contact the courier and make a police report.
If you are not available to accept the parcel, the courier will leave an attempted delivery card. Please contact the courier, not us, to arrange redelivery of your package. Please arrange for redelivery promptly as your package will be returned to our offices seven (7) days after an undeliverable parcel remains unclaimed and you will need to pay a further postage charge for us to re-post your item.
Delivery costs are subject to change. Some products must be shipped using specific methods. For example, any product containing pressurised gas (such as nitrous oxide or carbon dioxide) must be shipped with particular couriers because these are hazardous substances that conventional delivery services such as Royal Mail will not accept. If you select a courier at checkout that will not accept for delivery one or more Products in your order, we will hold your order and ask you for additional funds so that we may arrange for delivery with a suitable courier.
For more information on Delivery, please see each specific listing.
11. Returns
If you change your mind
Your right to change your mind within 14 days and receive a refund to most products bought online. When you exercise this right, you will be liable to pay the costs of return. You must contact us prior to sending the Product(s) back to us.
The Product must be returned in its original packaging, sealed, and in resalable condition. If a Product contains free gifts, spare parts, manuals, or labels, these have to be returned with the Product. Boxes of nitrous oxide must be unopened for them to be accepted as returns. You must ensure that the Product is packaged safely and will not be damaged in transit. We will not be able to offer a refund if you do not comply with these conditions.
The returned product must include the order information (order number, full name, shipping address, date of purchase, reason for return). Without this information, we will not be able to complete the return.
The returned Products will be inspected and assessed before the refund is processed.
The original postage charge will not be refunded, and the Products may be subject to a restocking fee.
If a Product is faulty
If you receive a different Product to what you have ordered or a Product that is faulty or damaged, please contact us within 48 hours so that we can hold an internal investigation. In the case of damaged Products, the courier company may also open an investigation if it is deemed necessary. Delays in contacting us reduces the chance of satisfactory resolution. You are required to send photographic evidence of damage or order errors.
If you discover that a Product is faulty seven (7) days after receipt of your parcel, you will need to contact the manufacturer to enforce the warranty.
Products must be returned by Royal Mail recorded delivery or via a trackable service. We are not responsible for returned items until they are signed for at our office.
12. Buying cream chargers
There are additional conditions relating to purchases of cream chargers. These are because the Products contain nitrous oxide, which, if misused or inhaled, can cause health issues, such as narcosis, asphyxiation, and possible death.
The cream chargers sold on our eBay store are only suitable for use in the preparation of food and beverages.
We are required by law to ensure that the Products are not misused. Our staff are trained to ensure that sale of Nitrous Oxide is carried out in accordance with the requirements of the Psychoactive Substances Act 2016.
You can only buy cream chargers if you are over 18 years of age. We may require age verification, this can be in either the form of ID on delivery or an email from you attaching a scanned image of your driving licence or passport ID page that clearly shows your name, photograph, and date of birth.
We may also ask that you confirm for what purpose you intend to use the cream charger. We may require some additional information and documentation. We reserve the right to hold an order for up to 72 hours whilst the order is being analysed by our Customer Services Order Analysis Team.
You have the right to cancel your order whilst we decide if we are able to sell you the Product(s). Such a cancellation will be treated as a rejection of your order and you will be blocked from being able to order from our eBay store in the future, however you can have the block lifted should you be able to demonstrate you are using the cream chargers in accordance with the manufacturers instructions.
We will refuse service to anyone that we suspect is intending to abuse the Products we sell.
There is currently a cap of 240 chargers per customer/residential address in any 90 days period. Orders exceeding this limit will be rejected and you will be blocked from being able to order from our eBay store in the future.
If you are a business and require larger quantities, please contact us via the message portal within eBay to discuss having your account pre-approved to purchase larger volumes.
You must follow the manufacturer’s instructions.
Once the Product is received, you must be aware that item contains pressurised gas. The Product must be stored and transported properly because of the hazardous nature of the key ingredient in the Product, nitrous oxide. Before attempting to use any of our gas cartridges, please ensure that you take the time to read through the manufacturer’s instructions.
Breaching the safety precautions of the Psychoactive Substances Act 2016 can lead to prosecution.
13. Data Protection
We will treat all your Personal Information as confidential. We will keep all personal information on a secure server, and we will fully comply with all applicable privacy regulations and consumer legislation.
14. Limitation of liability
While we will use reasonable endeavors to verify the accuracy of any information we place in our eBay store, we make no warranties, whether express or implied, in relation to its accuracy. The eBay store is provided on an as is and as available basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the eBay store, or any transaction that may be conducted on or through the eBay store including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the eBay store will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the eBay store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the eBay store.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
We will not be liable for any economic loss, any loss of goodwill or reputation, and/or any special or indirect loss suffered or incurred by you out of or in connection with the provisions of any matter under the Conditions.
We will not be liable for any enforcement action or prosecution resulting from your breach of these Conditions and the law.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
15. General
These Conditions govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Conditions.
The eBay store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the eBay store and any transactions conducted on or through the eBay store.
If any part of the Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
You can contact us through the eBay message portal with any queries you may have.
The Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
