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Conditions of Use

These terms and conditions can be downloaded in pdf format by clicking here

Preamble: All orders are accepted subject to the terms and conditions as set out below.

General: These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the Purchaser whether in negotiation or at any stage in the dealings between the parties with reference to the products with which this contract is concerned. Without prejudice to the generality of the foregoing, the Company will not be bound by any standard or printed terms tendered by the Purchaser, unless the Purchaser specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Company in writing.
We shall supply goods only on the condition that these terms and conditions represent the entire agreement between ourselves "the Company" and you "the Purchaser" and these conditions supersede any prior agreement or arrangement.

New Accounts: For the first 3 orders trading with us orders received are to be paid by debit / credit card, BACS transfer, or cheque with cleared funds reaching our account prior to dispatch. Subsequent orders may be on account subject to the relevant checks on bank and trade references. Two satisfactory trade and one bank reference must be given with the new account form. The Company reserves the right to insist on advance payment in part or full for any and all orders.
Trade account application forms are available on application from the office.
Under the Data Protection Act 1998 the Company reserves the right to consult whomsoever it considers appropriate for the purpose of trade references. It will record information in respect of such opinions which may be made available to other businesses for the continued assessment of credit risks.

Payment: Payment must be made in £ sterling. For all non-account customers, cleared payment is due prior to dispatch. All costs including legal fees incurred by us in collection of amounts due or in enforcing under the clause below will be payable by the Purchaser
All invoices are to be paid within 30 days from the date of invoice. If payments are not received by the due date, the Company will charge the Purchaser interest at (8%) above the reference rate (as specified in the Late Payment of Commercial Debts Act 1998), calculated on a daily basis, on outstanding amounts until paid in full notwithstanding that such claims to interest and/or to surcharges for non-payment may have been waived by us in the past.  The Company also understands and will exercise our statutory right to compensation for late payments as specified in the Late Payment of Commercial Debts Act 1998.
If payment of the price or any part thereof is not made by the due date the Company shall be entitled to:
1.    Charge interest on the outstanding amount from the date payment becomes due until the payment is received together with all costs and disbursements incurred in the recovery of any overdue amounts.
2.    Require payment in advance of delivery in relation to any products not previously delivered.
3.    Refuse to make delivery of any undelivered products whether ordered under the contract or not and without incurring any liability whatsoever to the Company for non-delivery or any delay in delivery.
4.    Demand payment of all outstanding sums whether or not overdue for payment should an account not be settled by the due date for payment;
5.    Terminate the contract.
The Company reserves the right to remove the credit facility if payments are frequently late or unpaid, and to re-impose without notice any discount that may have been allowed if payment is not made in full by the due date.

Any bank charges incurred, such as unpaid cheques, will be passed to the Purchaser. Accounts passed to debt collectors will automatically be returned to payment on order and excess charges incurred by so doing passed to the Purchaser.

Returns: No returns will be accepted by the Company except in the case of faulty, damaged or wrongly supplied goods. We recommend that you use a 'signed for' method of carriage or post when returning goods.

Sale or Return: The Company does not offer goods on sale or return basis and no employee of the Company is authorised to accept orders on a sale or return basis.

Sell-by Date: The Purchaser must ensure correct stock rotation as we are unable to give refunds for stock that remains unsold after its 'best before' date. It is therefore the responsibility of the Purchaser to sell the products prior to the expiry of any "best before end" date.

Deliveries: Delivery is only available within mainland Britain, unless by agreement with a director of the Company. Any dates given are approximate and late delivery will not be an acceptable reason for refusing products unless the Company is informed in writing before the products are dispatched.
All products must be checked upon receipt and any shortages must be marked on the delivery note at the time of delivery and a claim in respect of any such shortages made in writing within three days of receipt of the consignment. If goods have not been received within 10 days of order, please notify this company in writing.  Any delay in despatch and/or delivery for whatsoever reason shall not be ground for cancellation of order or ground for a claim for consequential loss.

Acknowledgement of Examination: The Purchaser hereby acknowledges and accepts that it has satisfied itself as to the condition of the products and acknowledges that no condition or warranty has been given or is given by the Company as to their quality or fitness for any purpose and that all conditions or warranties whether expressed or implied, whether by statute or otherwise, are expressly excluded and delivery of the products to the Purchaser (subject to the provisions hereof) shall be conclusive evidence that the Purchaser has examined them and found them to be in complete accordance with the contract description, in good order and condition, of satisfactory quality and fit for the purpose for which they may be required.

Privacy: In order to offer you an efficient service we need to collect some information from you. We need your name and address to know where to send your order, the telephone number and email address is to enable us to contact you should there be a problem. The information that you enter is held only to allow us to complete orders and arrange payments on your instructions. We do not give, hire or sell information to third parties. The Company may wish to contact you in the future if we have products that we think may be of interest to you. Customer information is collected lawfully and in accordance with the Data Protection Act. If you have any questions please email info"at"epicurium.co.uk

Value Added Tax: Products and delivery charges are subject to VAT at the prevailing rate where applicable

Title: All rights of ownership and to possession of the goods supplied shall remain in and belong to the Company until full payment has been received for the goods and all cheques received are cleared. In the event of non-payment the Company has the right, without notice, to enter any premises owned or occupied by the buyer in order to recover all or any of the goods.  Repossession of the goods by the Company shall be without prejudice to any other remedy of the Company. The Purchaser agrees to keep the goods identifiably the property of the Company and to keep them stored in merchandisable condition.  The goods will be held by the Purchaser as bailee and agent for the Company until payment in full has been made.  In the event of sale of the goods prior to payment of the price in full, the Purchaser shall hold the proceeds of the sale as an agent of the Company until payment in full has been made.

Prices: Prices quoted are strictly net and are by weight or by unit as appropriate.
The Company will in addition make a charge for delivery and carriage (as set out on our website www.epicurium.co.uk) for delivery to mainland Britain. Deliveries may also be made outside mainland Britain but the Purchaser should agree the terms of delivery and carriage with the Company in writing prior to despatch.
The Company reserves the right to alter any prices or specifications at any time without notice and all goods are sold subject to prices ruling at the date of despatch. The Purchaser is therefore reminded to check the price of goods ordered prior to commitment to order. Every effort will be made to maintain prices but variations in costs may necessitate immediate price changes and all orders are accepted on this basis. Without prejudice to the generality of the foregoing, any change in the applicable rate of VAT or of any other Government tax or levy shall be to the Purchaser's account.

Quotations: All quotations given by the Company are subject to market fluctuations etc and are made without engagement.

Description: Any description given or applied to these products has been given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt the Purchaser hereby affirms that no reliance was placed on any description when entering into the contract.

Risk: Risk of damage or deterioration to the goods supplied passes to the buyer on delivery or on collection from our premises if sold ex warehouse or, in the event of goods being held in storage, on issue of invoice  Pending payment of the full price for the goods the Purchaser will insure the same in a UK office of repute in a sum not less than their invoice price.  The Purchaser declares that it holds any insurance proceeds on trust to pay the same to the Company up to the amount of the invoice price of the goods supplied.

Liability: No liability of any nature shall be incurred or accepted by the Company in respect of any representation made by the Company or in respect of any expressed term of this contract, or on its behalf, to the Purchaser or to any party acting on behalf of the Purchaser, prior to the making of this contract where such representations were made or given in relation to the correspondence of the products with any description, or the quality of the product, or the fitness of the products for any purposes whatsoever. Each provision of this clause is to be construed as a separate limitation applying and surviving even if for any reason one or other of the foregoing provisions is held inapplicable or unreasonable in any circumstances, and shall remain in force notwithstanding termination of this contract.

Pilferage and Damage: We can only accept claims for pilferage or damage if written notification is given to both the carriers and ourselves within three days of receipt of goods.  If delivery is made by carriers please always sign for the goods "Unexamined" and retain the outer wrappings for examination by the carrier.  If delivery is made on our own transport, the consignment should be checked and signed for accordingly.

Claims: On occasion that there may be a discrepancy or shortage of the order, or if the goods are damaged, the Purchaser must advise the Company within three working days of delivery.

Variations of Terms and Conditions: No variation, addition to, or amendment of these terms & conditions may be made unless agreed in writing by a Director of the Company Orders placed by the Purchaser shall be only on the basis that the Purchaser acknowledges that the Purchaser is not relying on any representation regarding goods supplied other than as may be in writing and signed by a Director on behalf of the Company

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