Website Terms and Conditions
WEBSITE TERMS AND CONDITIONS
WELCOME TO THE THAMES VALLEY CATERING EQUIPMENT WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.THAMESVALLEYCATERING.CO.UK BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.thamesvalleycatering.co.uk website is operated by:
Thames Valley Catering Equipment Limited.
Company Registration Number 7370759
VAT registration number 915 2211 62
11 Strawberry Hill
GENERAL E MAIL:
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) Where goods are not available;
(b) Where we cannot obtain authorisation for your payment;
(c) If there has been a pricing or product description error; or
(d) If you do not meet any eligibility criteria set out in our terms and conditions.
2.4 Some of our larger products (such as refrigerated cabinets) are not stocked and may be delivered directly to you from our supplier.
2.5 Please check the stock availability information in the product description.
Delivery of non-stocked items may take 5-7 working days
2.6 Cancellation of orders will be accepted up until the order has been dispatched. All order cancellations must be communicated via e-mail to email@example.com
3.1 All prices on our website are in pounds sterling and exclude VAT (where applicable) at the current rates, unless stated otherwise. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. Thames Valley Catering Equipment reserves the right to change the advertised price before you place an order.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically.
4.1 Delivery will be within 5 working days from confirmation of order (excluding Saturday, Sunday and Bank holidays)
4.2 Ask for details for deliveries outside of UK mainland.
4.3 Risk of loss or damage to goods shall pass to you upon delivery. All goods must be fully checked on delivery, if item is found to be damaged in any way, item must be refused and Thames Valley Catering Equipment contacted. Delivery driver must wait for inspection of goods, (It is not satisfactory to mark delivery note as item unexamined).
4.4 Claims for damage to goods must be noted at the time of delivery and notified to Thames Valley Catering Equipment in writing within 24 hours.
4.5 Delivery of machines, refrigeration and all flat-pack items will be made to the ground floor entrance to the building. It does not include negotiating lifts or stairs.
Customers are responsible for ensuring that products ordered will fit through doorways and into their premises. We cannot accept responsibility if it will not fit. Any carriage charges caused by an aborted delivery are the customers responsibility.
4.6 Delivery does not include unpacking or positioning or assembling items
4.7 If goods are required to be stored by our transport companies once they have been despatched due to a delay in the customer being able to receive the goods at their premises we reserve the right to charge for storage at a rate of £50 per week or part week.
5. RETURNS POLICY
5.1 Goods will only be accepted for return if found to be damaged. It is the buyers responsibility to inspect all goods at time of delivery, if items are found to be damaged in any way they must not be accepted and Thames Valley Catering Equipment should be contacted. Delivery driver must wait for inspection of goods (It is not satisfactory to mark delivery note as goods unexamined). The company 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.
5.2 Thames Valley Catering Equipment are not under any obligation to accept returns of unwanted or unsuitable goods and will only do so at their absolute discretion. In any event returned goods will only be accepted if they are unused and undamaged and in the original packaging. A collection charge will be made which will not be less than the cost of delivery of the goods. You will also be charged a restocking fee of 20% of the invoiced amount of the returned goods plus VAT. This is because it is unlikely that we will be able to sell the goods to another buyer at full price. Refunds will only be paid after Thames Valley Catering Equipment have inspected the returned goods and after deduction of the collection and restocking charges.
5.3 The provisions of this clause do not affect your statutory rights.
6.1 Goods supplied by Thames Valley Catering Equipment are guaranteed in accordance with the terms of the manufacturer's warranty provided with the goods or for 1 year if not stated with the goods. The warranty applies to UK mainland only. If any Thames Valley Catering Equipment product proves defective within 1 year of purchase we will repair it at no cost to you.( Excludes return to factory costs ).
6.2 Our warranty does not apply to wear and tear, or if a product has been damaged or misused.
6.3 It does not apply to a small number of machines marked 'no commercial warranty' which are suitable for domestic use only and which must be returned to the manufacturer in the event of a breakdown.
6.4 Machines returned for repair in warranty where it is found that the machines has been abused or has not been used as the machine was designed for will be charged for. This also applies where a machine has not been properly maintained including cleaning and de-scaling where applicable. Machines returned for repair are not reassembled if upon quotation you do not require the machine to be repaired. Loan machines are not available.
7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) No documents or related graphics on this Website are modified in any way;
(b) No graphics on this Website are used separately from accompanying text; and
(c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensor's. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) For which you have not obtained all necessary licenses and/or approvals;
(c) Which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the Thames Valley Catering Equipment logo;
(b) You do not create a frame or any other browser or border environment around this Website;
(c) You do not in any way imply that we are endorsing any products or services other than our own;
(d) You do not misrepresent your relationship with us nor present any other false information about us;
(e) You do not otherwise use any Thames Valley Catering Equipment trade marks displayed on this Website without our express written permission;
(f) You do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.
11.1 To register with www.thamesvalleycatering.co.uk you must be over eighteen years of age.
11.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13.1 Thames Valley Catering Equipment accepts no liability of whatever nature arising from as a result of any representations, breach of contracts, late delivery of product, negligence or otherwise including but not limited to any liability for indirect or consequential loss, or loss of profits, revenue, business or goodwill except for liability of death or personal injury caused by Thames Valley Catering Equipment negligence. All conditions, warranties, guarantees and representations, express or implied, by statute, common law or otherwise in relation to the goods (other than the liability which Thames Valley Catering Equipment is not permitted by law to exclude or restrict) are hereby excluded.
13.2 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.3 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
13.6 In so far as it is possible by applicable law the Company expressly excludes liability for any claims, loss, demands or damages of any kind whatsoever, with respect to use of this website or any misleading information or omissions it may contain, including without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss of revenue, loss of data, loss of profits or otherwise. If you are a consumer your Statutory Rights, if any, are not affected. Nothing in this clause is intended to exclude liability for death or personal injury arising from the negligence of the Company or its employees or agents.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.