Terms and Conditions
Please read these terms and conditions (the 'Terms') for Fresco Gourmet Coffee (registered number 07253621), whose place of business is Breeders Seeds Ltd, Sandhill Nurseries, Wyton Road, Preston, Hull, HU12 8TY.
You should read these terms and conditions before placing an order and by placing an order you will be deemed to have accepted them and to be bound by them, whether or not you have read them.
Definitions
1. 'Customer' means the party identified as the Customer in this Agreement to whom Fresco Gourmet Coffee may agree to supply Products in accordance with these terms and conditions.
2. 'Euro compliant' means the ability of the product to comply with all requirements applicable to the introduction of the Euro into the United Kingdom, including, but without limitation, conversion and rounding facilities.
3. 'Fresco Gourmet Coffee' means Fresco Gourmet Coffee, Breeders Seeds Ltd, Sandhill Nurseries, Wyton Road, Preston, Hull, HU12 8TY.
4. 'Products' means goods or services to be sold by FRESCO GOURMET COFFEE to the Customer in accordance with these terms and conditions.
5. 'Third Party Software' means all software owned by or licensed to the Customer from a third party owner (whether or not supplied by FRESCO GOURMET COFFEE) and which comprises part of the Products.
6. 'Working days' means Monday to Friday, excluding Bank or other public holidays.
Orders
1. All contracts of sale made by FRESCO GOURMET COFFEE shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ('the Customer') with whom FRESCO GOURMET COFFEE is dealing.
2. All orders are subject to availability and confirmation by FRESCO GOURMET COFFEE. Cancellation of orders by the Customer following receipt of such confirmation is not possible as many orders will be forwarded for dispatch on the same day the order is placed.
3. We do not warrant the suitability of goods for a particular purpose. Specifications are intended as a guideline only and you should check specifications and suitability with manufacturers before ordering.
Delivery
1. Any time or date stated for the delivery of Products is an estimate only. FRESCO GOURMET COFFEE makes every effort to supply Products on time but does not accept liability for failure to deliver within the stated time.
2. FRESCO GOURMET COFFEE does not accept liability for shortages or damage to deliveries unless the Customer notifies us in writing within three working days of receipt.
3. Delivery of the Products is deemed to take place when the Products are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer.
4. If the Customer does not accept delivery, FRESCO GOURMET COFFEE may at its option (a) store and insure the Products at the Customer's expense and risk or (b) sell the Products at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.
Prices
1. Products, together with VAT, are invoiced at the price prevailing at time of order.
2. All quoted or listed prices are based on the cost to FRESCO GOURMET COFFEE of supplying the Products to the Customer. If before delivery of the Products there occurs any increase in any way of such costs in respect of Products which have not yet been delivered, the price payable may be subject to amendment without notice and at FRESCO GOURMET COFFEE's discretion.
Errors & Omissions
1. While we try and ensure that all prices on are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Payment by Invoice
1. Payment is due 7 days from the date of the invoice, unless otherwise agreed in writing.
2. If payment is not made on time, FRESCO GOURMET COFFEE may charge interest daily on the outstanding balance at 4% above Barclays Bank base lending rate.
3. Title in the goods does not pass to the Customer until payment is received in full by FRESCO GOURMET COFFEE.
4. Until such time as the title in the Products passes to the Customer, the Customer shall hold the Products as FRESCO GOURMET COFFEE's fiduciary agent and bailee, and shall keep the Products properly stored, protected and insured and identified as FRESCO GOURMET COFFEE's property.
5. Until such time as the title in the Products passes to the Customer (and provided the Products are still in existence and have not been resold), FRESCO GOURMET COFFEE shall be entitled at any time to require the Products to be delivered to FRESCO GOURMET COFFEE and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products.
6. The Customer's right to use such Products shall immediately cease if an Administrative Receiver is appointed over all or any part of its assets or if it adjudicated bankrupt or enters into liquidation whether compulsory or voluntary, or if the Customer makes an arrangement with its creditors, or generally becomes unable to pay its debts within the meaning of Section 123 Insolvency Act 1986 as from time to time amended, extended or re-enacted.
7. On termination of the Customer's right to use the Products the Customer will immediately hold the Products to the order of FRESCO GOURMET COFFEE.
8. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of FRESCO GOURMET COFFEE, but if the Customer does so, all monies owing by the Customer to FRESCO GOURMET COFFEE shall (without prejudice to any other right or remedy of FRESCO GOURMET COFFEE) forthwith become due and payable.
9. FRESCO GOURMET COFFEE reserves the right to cease supplies of Products to the Customer at any time. On such cessation of supplies, FRESCO GOURMET COFFEE reserves the right to withdraw any credit facility such that the whole of the Customer's account becomes due for payment forthwith.
Product Specifications
1. FRESCO GOURMET COFFEE makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice where necessary.
2. FRESCO GOURMET COFFEE will not be liable in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the manufacturer's specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation.
3. Unless otherwise agreed, the Products are supplied in accordance with the manufacturer's standard specifications as these may be improved, substituted or modified. FRESCO GOURMET COFFEE reserves the right to increase its quoted or listed price, or to charge accordingly in respect of any orders accepted for Products of non-standard specifications.
Trade names and Trade Marks
1. Trade names and marks (other than FRESCO GOURMET COFFEE's) are not restricted to indications of manufacturers but may also be indicative of general use systems and machines associated with such products. Nothing in these terms and conditions shall be construed as granting the Customer any right or licence under any intellectual property right of FRESCO GOURMET COFFEE (including any rights FRESCO GOURMET COFFEE may have in any patents, copyrights, trademarks, service marks or any trade secrets), by implication, estoppel or otherwise.
Returns
We believe that you will be delighted with your order but there may be occasions where you feel it necessary to return an item. These terms do not affect your statutory rights.
No returns will be accepted or processed without a Return Materials Authorisation (RMA) number being issued by Fresco Gourmet Coffee. Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of goods BEFORE purchasing.
Your statutory rights under the 'The Sale of Goods Act 1979' (including amendments) are fully supported by Fresco Gourmet Coffee. The 'Consumer Protection (Distance Selling) Regulations 2000' do not apply to business purchases.
Unwanted Goods
If you are a business customer, you may return any unopened goods, in original condition, which can be sold again 'as new', within 14 days after the day of receipt of the goods. Customers are responsible for the delivery costs of returning the goods. Please email our Customer Care department sales@frescogourmetcoffee.co.uk to arrange a return. You will be refunded in full once the goods have been received and confirmed 'as new'. Returns must be adequately packed and the RMA number clearly displayed without marking the original packaging.
We do not accept returns after 14 days from the day of receipt of goods, or on goods which have been opened and cannot be sold again 'as new.'
Faulty Goods within 30 days
If there is a fault with your product you may return the product within 30 days of delivery for repair, replacement or refund. Please email our Customer Care department sales@frescogourmetcoffee.co.uk to arrange a return.
Goods must be received by Fresco Gourmet Coffee within 14 days of the RMA number being issued. Fresco Gourmet Coffee will not be held liable for goods lost or damaged in transit. Customers are responsible for the delivery costs of returning goods. Any return found not to be defective or with faults caused by accident, neglect or misuse will incur a return freight charge.
When an item is to be replaced or refunded the goods must be in original packaging, and with all original boxes, packing materials, manuals, blank warranty cards and all other accessories and documentation provided by the manufacturer. Goods must be adequately packed and the RMA number clearly displayed without marking the original packaging. Our promise to replace products or refund your money does not apply to faulty goods where the fault has been caused by accident, neglect or misuse.
Faulty Goods more than 30 days
All products carry a twelve-month manufacturer’s warranty. Once your product is more than 30 days old (but within the manufacturer’s warranty) we will, in conjunction with the manufacturer, repair or replace it free of charge. It is solely at the discretion of Fresco Gourmet Coffee as to whether a repair or replacement is provided. Please email our Customer Care department sales@frescogourmetcoffee.co.uk stating the reason for return, your order number, and request an RMA number. This does not apply:
1. To faults caused by accident, neglect or misuse.
2. If you return the product to us without proof of purchase.
Warranty
1. To the best of FRESCO GOURMET COFFEE's knowledge, all Products supplied by FRESCO GOURMET COFFEE are warranted to be free from defects in workmanship and materials. No Products are tested or sold as being fit for any purpose or use under specific conditions unless expressly agreed in writing.
2. If any part of the hardware Products should prove defective in materials or workmanship under normal operation or service, such Products will be repaired or replaced only in accordance with any warranty cover or terms as provided by the manufacturer of the Products. FRESCO GOURMET COFFEE does not undertake repair or maintenance of Products and is not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non-conforming parts.
3. This warranty shall not apply if the hardware Products have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or if it has not been used in accordance with the manufacturer's instructions.
4. Fresco Gourmet Coffee warrants that the product will at the time of delivery correspond to the description given by Fresco Gourmet Coffee except where the customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 S.12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the product and whether implied by statute or common law or otherwise are excluded.
5. Except as expressly provided in these terms and conditions and to the extent permitted by law, no warranty, condition, undertaking or term expressed or implied is given or assumed by either party and all such warranties, conditions, undertakings and terms are hereby excluded.
Liability
1. FRESCO GOURMET COFFEE shall not under any circumstances be liable in contract, tort (including negligence, breach of statutory duty or otherwise) for...
1. any loss of direct or indirect profit or business, goodwill, contracts, revenues, management time, wasted expenses, anticipated savings any increased costs or expenses; or
2. any indirect or consequential loss or damage of any nature whatsoever.
2. FRESCO GOURMET COFFEE's liability in respect of breach of the terms of any order shall be limited to the invoiced value of such order.
3. Nothing in this agreement shall limit FRESCO GOURMET COFFEE's liability for death or personal injury caused by its negligence.
4. The provisions of this Clause 11 shall survive the expiry or termination of these terms and conditions howsoever arising.
Health and Safety
1. In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, FRESCO GOURMET COFFEE confirms that to the best of its knowledge the Products it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed, provided the Customer takes reasonable and normal precautions in their use.
General
1. If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
2. Any waiver of a breach of this Agreement must be in writing and shall not constitute a subsequent waiver of any such right, requirement or default. Any failure by a party to exercise its rights or remedies under these terms and conditions shall not operate as a waiver of such rights or remedies.
3. FRESCO GOURMET COFFEE reserves the right to amend these terms and conditions, subject to providing notice to the Customer, or by posting the amended terms upon the Website. By continued access to and use of the Website, you agree to any such amendments to these terms and conditions.
4. The headings are for convenience only and shall not affect the interpretation of this agreement.
5. Any notices given under this agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party or (b) by fax to their last known fax number or (c) by electronic transmission to an email address specifically notified for that purpose. The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful transmission report or (c) immediately upon transmission provided that confirmation of receipt is received/a confirmatory copy is sent by first class pre-paid post or delivered by hand by the end of the next business day.
6. The provisions of The Contracts (Rights of Third Parties Act) 1999 shall not apply to this agreement.
7. The relationship between the parties is one of independent contractors and nothing contained in these terms and conditions shall be construed as constituting or establishing any partnership or joint venture between the parties.
8. The Customer shall not be entitled to assign, delegate, transfer, sub-contract or otherwise dispose of this agreement.
9. Save with respect to fraudulent misrepresentation, these terms and conditions constitute the entire agreement between the parties and replaces all previous written or oral agreements to the extent they remain unperformed.
10. FRESCO GOURMET COFFEE may collect personal information about visitors to the Website. Such use is governed by FRESCO GOURMET COFFEE's Privacy Policy.
11. This agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
12. These Terms and Conditions do not affect consumers' statutory rights.
How do I cancel an order?
In the event that you wish to cancel an order please email us at sales@frescogourmetcoffee.co.uk or call our Customer Care Service team on:
01482 890010
Please state the invoice number, located top right hand corner of invoice or in the case of an online order this can be found in the order confirmation email.
What are the payment methods?
We accept Cheque, Bacs , CHAPs as well as paypal for the online business.
How do I know that my order has been placed?
The on-line store you placed the order with, will send you an order confirmation by email once your order has been processed.
What delivery method do you use?
We use next working day couriers for the majority of our orders. Orders are normally despatched within 24 hours (Mon - Fri).
Tax & Duties
All prices shown exclude V.A.T (where applicable)
