Terms and Conditions
These Terms and Conditions shall apply to the purchase of any of the products listed on our website or in any other marketing material by you (“Buyer”) from Phoenix Coffee and Equipment Ltd, a company registered in the United Kingdom under number 12097215, registered at 30-31 St James Place, Mangotsfield, Bristol, BS16 9JB (“Seller”). No other terms and conditions shall apply to the sale of products unless agreed upon in writing between the Buyer and Seller.
2.1 The description of the Products is as set out in the Seller’s invoice. No description of the Products set out in the Sellers invoice shall be binding on the Seller and are intended as a guide only.
2.2 The seller reserves the right to make any changes in the specification of the Products which are required to conform to any applicable safety or other statutory or regulatory requirements.
3 Availability & Delivery
3.1 The Buyers order will be fulfilled by the delivery date set out in the Sellers invoice or, if no delivery date is specified, then within 5 days of the date of the invoice (unless there are exceptional circumstances) to the address specified in the Buyers order.
3.2 Subject to the specific terms of any special delivery service, the delivery may take place at any time of the day and must be accepted at any time of the day. 3.3 If the Buyer fails to take delivery of the Products the Seller may, at its discretion and without prejudice to any other rights: a Store or arrange for the storage of the Products and shall charge the Buyer for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or b Make arrangements for the redelivery of the Products and shall charge the Buyer for the costs of such delivery.
4 Risk & Title
4.1 The Products will be at the Buyers risk from the time of delivery
4.2 Ownership of the Products will only pass to the Buyer when the Seller receives full payment of all sums due in respect of the Products, including any delivery charges.
4.3 The Seller reserves the right to repossess any Products in which the Seller retains legal title if full payment is not received.
5. Price & Payment
5.1 The price (“Price”) of the Product shall be that set out in the Sellers invoice current at the date of the buyer’s order, or such price as may be agreed in writing between the Seller and the Buyer.
5.2 If the cost of the Products to the Seller increases due to any factor beyond the Sellers control including, but not limited to, material costs, labour costs, exchange rates or duties or changes to courier rates, the Seller reserves the right to increase the Price prior to delivery.
5.3 Any increase in the Price under sub-clause 5.2 shall only take place upon the Seller informing the Buyer of the increase.
5.4 The Buyer may be entitled to discounts subject to and in accordance with any details set out in the Sellers invoice, current at the date of the Buyers order or as may be agreed in writing by the Seller and the Buyer. The Buyer shall not necessarily be entitled to a discount. Any and all discounts shall be at the discretion of the Seller.
5.5 The Price is inclusive of fees for packaging and delivery providing a minimum order quantity of £150.00 has been met.
5.6 The Price is exclusive of any applicable VAT and other taxes which are imposed or charged by any competent authority.
5.7 Payment for all Products sold on the Sellers website must be by credit or debit card. The Seller accepts payment from all major credit and debit card providers. The Buyers credit or debit card will be debited at the check-out stage.
6 Returns, Refunds & Cancellations
6.1 Products may not be returned without the prior agreement of the Seller.
6.2 Subject to sub-clause 6.1, the Seller shall only accept returns if:
a If the Buyer ordered the incorrect item or the item is unwanted and un-opened the Seller will accept returns up to 14 days after delivery.
b If the Products the Seller delivered are not those ordered or are faulty, the Buyer must advise the Seller within 3 days of receipt so that the Seller can assist the Buyer in the return.
c If Products are to be returned for any other reason the Buyer must call the Seller for a Returns Authorisation Number and package the item safely for transit to our returns department.
6.3 Returned products must be returned unused (except where the Buyer is returning the Product because of a fault) and with original packaging.
6.4 The Seller shall have the option of either replacing faulty Products within 7 days of receipt or refund the Buyer the Price for those Products which are faulty. 6.5 The Seller shall not be liable for faults arising from the Buyers failure to follow any instruction given to the Seller, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer.
6.6 Cancellation of orders can be undertaken prior to the dispatch of the Products. Notification of cancellation must be made by telephone during office hours.
7 Minimum Age Policy
Transactions can only be made by persons of 18 years of age or over, or with the permission of the card holder.
8.1 The Buyer warrants to the Seller the any Product purchased from the Buyer through our site if of satisfactory quality and reasonably fit for purpose.
8.2 The Sellers liability for losses the Buyer suffers as a result of us breaking this agreement is strictly limited to the purchase price of the Product the Seller purchased.
8.3 The buyer is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by the Buyer and Seller (such as loss of revenue, loss of business, loss of profits or contract, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.4 This does not include or limit in any way the Sellers liability:
a For death or personal injury caused by the Sellers negligence
b For fraud or fraudulent misrepresentation or
c For any matter for which it would be illegal for the Seller to exclude, or attempt to exclude, the Sellers liability.
Applicable laws require that some of the information or communications the Seller sends to the Buyer should be in writing. When using the Sellers site, you accept that communication with the Seller will be mainly electronic. The Seller will contact the Buyer by e-mail or provide the Buyer with information by posting notices on the Sellers site. The Buyer agrees to this electronic means of communication and the Buyer acknowledges that all notices, information and other communication that the Seller provides to the Buyer electronically comply with any legal requirements that such communication be in writing. This condition does not affect your statutory rights.
10 Force Majeure
Neither party shall be liable for any failure nor delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial actions, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
11 No Waiver
No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable)
13 Law & Jurisdiction
13.1 These Terms and Condition (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws or England and Wales.
13.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
14 Use of Customs Data
14.1 The Seller is responsible for handling and collecting any personal information belonging to the buyer, the information is processed in accordance with local law
14.2 The Buyers personal data is not sold to third parties.
15 Buyers Right to Vary Terms and Conditions
15.1 The Seller has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting the seller’s business.
15.2 The Buyer will be subject to the terms and conditions in force at the time the Buyer order products from the Seller