Terms and Conditions
Please read our Terms and Conditions below
Terms and Conditions for the Sale of Goods Delivery Customers
Definitions
Buyer:
The person who buys or agrees to buy the goods from the seller
Conditions:
The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Goods:
The articles which the buyer agrees to buy from the seller.
Price:
The price for the goods, excluding VAT and any carriage, packaging and insurance costs.
Seller:
Snack Attack UK Limited
B3 Retail Kings Road, Tyseley, Birmingham, United Kingdom, B11 2AL
Conditions
2.1 These conditions shall form the basis of the contract between the seller and the buyer in relation to the sale of goods. To the exclusion of all other terms and conditions including the buyer’s standard conditions of purchase or any other conditions which the buyer may purport and apply under any purchase order or confirmation of order or any other document.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods from the Seller pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed to be conclusive evidence of the buyer’s acceptance of these conditions.
2.4 These conditions may not be varied except by the written agreement by the directors/a person acting on their behalf with their authority.
2.5 These conditions represent the whole of the agreement between the seller and the buyer. They supersede any other conditions previously issued.
Price
The price shall be the price quoted on the seller’s confirmation of order/web shop/item. The price is exclusive of VAT which shall be due at the rate in force on the date of the seller’s invoice.
Payment and interest
4.1 Payment of the price and VAT shall be due within 7 days’ maximum, and no later than the following Monday of the date of the seller’s invoice, without expressed permission of the seller in advance.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due. Calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3 The buyer shall pay all invoices in full and not exercise any rights of set off or counter claim against invoices submitted by the seller.
Goods
5.1 The quantity and description of the goods shall be as set out in the seller’s confirmation of order.
5.2 The quantity and description together with photographic images as displayed on the web shop and/or app is indicative. This is used to provide as much detail as possible but may, from time to time, contain variances.
Warranties
The seller warrants that the goods will at the time of delivery correspond to the description given by the seller in the confirmation of order. All other warranties, conditions or terms relating to fitness for purpose, quality or conditions of the goods are excluded.
Delivery of the goods
7.1 Delivery of the goods shall be made to the buyer’s address and as agreed in advance of any delivery agreement. The buyer shall make all arrangements necessary to take delivery of the goods on the day notified by the seller for delivery.
7.2 The seller undertakes to use its reasonable endeavours to dispatch the goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The seller shall not be liable to the buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods.
7.4 The sellers shall not be liable for any item that does not arrive, is not available or is damaged in the course of transportation. This is the nature of the trade.
Acceptance of the goods
8.1 The buyer shall be deemed to have accepted the goods 24 hours after delivery to the buyer.
8.2 The buyer shall carry out a thorough inspection of the goods as soon as practically possible of delivery, and shall give verbal or emailed notification to the seller before 2pm on the day of delivery of the goods any defects which a reasonable examination would have revealed.
8.3 Where the buyer has accepted, or has been deemed to have accepted the goods the buyer shall not be entitled to reject goods which are not in accordance with the contract.
Title and risk
9.1 Risk shall pass on delivery of the goods to the buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the goods shall remain with the seller and shall not pass to the buyer until the amount due under the invoice for them including interest and costs has been paid in full.
9.3 Until title passes the buyer shall hold the goods as Bailee for the seller and shall store or mark them so they can at all times be identified as the property of the seller.
9.4 The seller may at any time before title passes and without any liability to the buyer:
9.4.1 Repossess and dismantle and use or sell all or any of the goods and by doing so terminate the buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose or determining what if any goods are held by the buyer and inspecting them enter any premises of or occupied by the buyer.
9.5 The seller may maintain an action for the price of any goods notwithstanding that title in them has not passed to the buyer.
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