TERMS AND CONDITIONS OF THE SUPPLY OF GOODS WITH ESPRESSO SOLUTIONS
Please read these terms carefully as they affect Your rights and liabilities under law.
1.1. “Contract” means the contract between Us and You for the sale of the Goods in accordance with these Terms and the Order Form;
1.2. “Customer”, “Client”, “You, Your”, means the party to whom goods are being supplied as identified as the registered Espresso Solutions Ltdaccount holder placing any order or the principal card holder in the event of a non-account order;
1.3. “Goods” mean the goods as described in the Order Form;
1.4. “Intellectual Property” means any copyrights, registered or unregistered trademarks, registered or unregistered design rights, patents, confidential information and such rights as are protected by the law of passing off and any other intellectual property rights;
1.5. “Order Form” is the final written form confirming the Goods to be supplied by Us, whether by email confirmation or a form;
1.6. “Purchase Order Number” means a number provided by You to Us as a form of identification of the Order;
1.7. “Special Order Goods” means any non-standard goods not detailed on Our Website, including but not limited to bespoke items, goods held by Us as consignment stocks;
1.8. “Territory” means UK mainland, Northern Ireland, Jersey and Guernsey;
1.9. “We”, “Us”, “Our” means Espresso Solutions;
1.10. “Website” is https://www.espresso-solutions.co.uk
2. BASIS OF CONTRACT
2.1. By using the Website, phone or email to order goods with Us, You are agreeing to be bound by the Terms. If You do not agree with the Terms, please do not use Our services.
2.2. These Terms apply to the Contract to the exclusion of any terms You seek to impose or incorporate, or which are implied by trade or custom.
2.3. We reserve the right to amend these Terms from time to time.
2.4. Should the Goods be delivered using our Courier’s services You will be subject to their terms and conditions. You can find their terms and conditions at:
Eezehaul Logistics are covered by Road Haulage Association Conditions of Carriage 1998. These are available from us upon request.
2.5. For consumers, any situations covered by the Consumer Rights Act 2015 will be dealt with in accordance with the Act. For assistance on Your rights as a consumer see the Citizens Advise website.
3. PRICES AND PAYMENT
3.1. All prices for Our Goods are displayed on Our Website. Prices are displayed in UK pounds sterling or Euro and are correct at the time of posting. We reserve the right to change the prices at any time without notifying You.
3.2. All non-credit account holders will be subject to a minimum spend of £30 per Order. We will not process any Orders under this amount.
3.3. Prices can be displayed on the Website to show prices inclusive or exclusive of VAT. The default is inclusive.
3.4. In addition to the price of the Goods, We reserve the right to make an extra charge for deliveries, the price of which will be shown at the point of ordering.
3.5. Payment shall be made in UK pounds sterling or Euro only. We do not accept payment by cheque.
3.6. Payments can be made by any major credit/debit card or via Your PayPal account. Payment will be debited and cleared from Your account before the dispatch of any Goods. You confirm that the credit/debit card or PayPal account that is being used is Yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us We will not be liable to You for any delay or non-delivery.
3.7. You must pay all amounts due under the Contract in full without any deduction and You are not entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.
3.8. We reserve the right to charge interest on overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England. Interest to accrue day to day from the date payment was due until actual payment is received by way of cleared funds.
3.9. Prices for Goods are stated inclusive of VAT and other sales tax unless otherwise indicated in the ordering process as per 3.2 above.
4. CREDIT ACCOUNT HOLDERS
4.1. All clients requiring a credit account must complete the credit application form. We will consider eligibility for a credit account on the basis of the information provided on the form and any due diligence checks We may make. We retain the right to refuse You a credit account. You will be subject to the Terms at all times as amended from time to time.
4.2. We retain the right to revoke any credit account immediately for any reason. On revocation of Your credit account, any outstanding payments are required to be paid immediately in full by You. Any debit in Your account will be refunded to You.
4.3. All invoices are due no later than 30 days from date of invoice.
4.4. Invoice queries must be raised in writing within 10 working days of the date of invoice.
4.5. If You require a Purchase Order Number to be quoted on Your invoice it is Your responsibility to ensure that We are provided with the correct Purchase Order Number and it is not Our responsibility to check that the Purchase Order Number You have given Us is correct. You cannot refuse to pay an invoice issued by Us on the grounds of an incorrect or missing Purchase Order Number.
4.6. Any queries must be sent in by e-mail to [email protected].
4.7. All notices given in writing should be by e-mail to [email protected].
5.1. All Orders placed, whether via the Website, email, over the phone or on site, are subject to availability.
5.2. Any quotation for Goods given by Us in a proforma order shall not constitute an offer. Any prices stated in the proforma will expire 28 days from the date of the quotation.
5.3. Orders purchased via the Website are not automatically accepted and are subject to refusal at any time subject to the discretion of Espresso Solutions Ltd. Acknowledgement of the Contract received by You does not constitute acceptance of an order. Our acceptance of the Contract is on provision of an Order Form and will commence from this point.
5.4. Orders placed with Goods that are not in stock will be held until the Goods are in stock and will be shipped together unless You instruct Us to ship separately (please note there may be additional shipping charges for this).
5.5. Special Order Goods are non-returnable and non-refundable. Once Your order is received by Us, You will be liable to pay the full quoted price of the Goods whether You accept delivery or not.
5.6. In the event of a pricing discrepancy on the Website, as long as this is picked up by Us prior to dispatch of Your Goods, We will hold Your order until You agree to and pay the difference or You cancel the order. If the order is cancelled, payment of monies already paid will be refunded to You.
5.7. Orders with a Delivery Address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches Your destination country. Any such additional charges are payable by You. Customs practices differ greatly from country to country and it is Your responsibility to adhere to Your own country’s practices.
5.8. We reserve the right to alter the specification of the Goods without prior consent to You insofar as the performance of such Goods is not materially altered and the cost is not increased.
5.9. We reserve the right to refuse and/or to cancel delivery at any time. In such circumstances, if You have paid for relevant Goods, a refund or credit note shall be issued less reasonable administration charges.
6.1. Delivery will be made to the address detailed in the Contract or any other address specified for delivery on the Order Form (“the Delivery Address”). Once delivered to the specified address all items become the responsibility of You.
6.2. All Goods are supplied by our overseas supplier and as such there may be delays on their part. We will try our best to deliver the Goods within 30 days to Delivery Addresses within the UK, however we cannot guarantee this. International deliveries may take longer than 30 days to deliver. Special Order Goods may take up to 2 months to be delivered. If you have any concerns regarding deliveries please contact us at [email protected].
6.3. Delivery shall be deemed to take place on the date of the first attempt at the Delivery Address. Delivery will be made to the threshold of the Delivery Address.
6.4. It is Your responsibility to ensure that all Delivery Addresses are correct and there are sufficient provisions for the parcel to be signed for. Where special instructions are given by You for a parcel to be left in a safe place, the information will be passed on to the courier, however the driver has final say in whether he deems the safe place to be secure or if he returns the goods un-delivered. Espresso Solutions Ltd accepts no responsibility for goods being delivered to an incorrect address supplied by You or left in a safe place.
6.5. We may apply supplementary delivery charges should You fail to accept delivery.
6.6. We only deliver within the Territories. For transactions outside of the Territory please contact [email protected] prior to ordering. There may be geographical restrictions related to specific goods, if any Goods are subject to these restrictions after We have accepted the Contract We retain the right to amend the Order Form or cancel the Goods. Any money paid for cancelled goods in these circumstances will be refunded, less any costs incurred.
7. CANCELLATION AND RETURNS
7.1. You have the right to cancel any order placed with Us within 14 days of ordering the Goods. You must notify Us in writing via email at [email protected]before returning any goods.
7.2. If You have received the goods before You cancel Your contract then You must send the goods back to our contact address at Your own cost and risk. If You cancel your contract but We have already processed the Goods for delivery You must not unpack the Goods when they are received by You and You must send the Goods back to us at Our contact address at your own cost and risk as soon as possible.
7.3. You may cancel any order for Goods which are out of stock at the point of ordering. Any payment for Goods will be refunded.
7.4. We will provide You with a full refund for the Goods if We accept the Goods as cancelled.
7.5. Returns of Goods ordered in error must be notified to Us within 14 days from the date of receipt of the goods. Goods returned due to an order in error may incur a 25% re-stocking fee and will be at Our discretion.
7.6. Upon receipt of a request to return an item We will supply You with a returns note via email. Any item returned without a completed returns note may incur an administration fee to cover the administration cost of chasing such details.
7.7. All goods cancelled or ordered in error must be returned carriage paid by You and clearly displaying Your returns number. Warranty claims must be returned clearly stating it is a warranty claim.
7.8. All returns are subject to prior written agreement by Espresso Solutions Ltd and will be received on the basis that all relevant information is supplied accurately, in full and included with the item being returned.
7.9. We do not exchange Goods. Goods must be returned and processed for a refund. You can then reorder any other goods.
7.10. Payments made by Paypal will be refunded within 48 hours, or 7-10 working days for any card transactions after inspection of the returned Goods is complete.
7.11. If we cancel Your contract We will notify you by email and will supply a credit note and credit to Your account any sum deducted by Us from the source by which You paid as soon as possible within the time stated at 7.10. We will not be obliged to offer any additional compensation for disappointment suffered.
8. RISK AND TITLE
8.1. Title and ownership of the Goods will not pass until payment in full has been received by Us.
8.2. Until the Goods have been paid in full You will act as bailee of the Goods for Us until ownership has passed and You will store the Goods so that they are readily identifiable as Our property. If payment is not made by the due date, We shall be entitled to enter Your premises to recover any and all Goods supplied by Us.
9. GUARANTEES AND LIABILITIES
9.1. Goods sold by Us are sold with a guarantee that they will be free of defects in material or workmanship at delivery and, provided they are used in the proper way, for the relevant period from delivery as indicated at the point of ordering. We accept no liability for defects in Goods resulting from Your designs or requirements including any Special Order Goods, or arising from wear and tear, wilful damage, negligence or misuse.
9.2. If the Goods We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing via email at [email protected] with details of the fault within 3 working days from the date of receipt of goods sold if there is any discrepancy between goods ordered and those delivered OR within 1 working day for any damaged or faulty Goods.
9.3. If You notify a problem to Us under clauses 9.1 or 9.2 above, Our only obligation will be, at Your option:
9.3.1. to make good any shortage or non-delivery;
9.3.2. to replace or repair any Goods that are damaged or defective; or
9.3.3. to refund to You the amount paid by You for the Goods in question in whatever way We choose.
9.4. We will arrange collection of faulty or damaged Goods and are responsible for costs of returns. We will arrange a mutually convenient time to collect the Goods at the Delivery Address. We retain the right to deduct delivery charges from the refund in the event that the Goods cannot be collected due to Your fault.
9.5. All goods to be returned to Us as damaged, faulty or ordered in error must be returned complete and in their original packaging. Please allow 14 days from the date of return for a decision on faulty or damaged Goods to allow for proper inspection. Items returned as damaged or faulty resulting from miss-use will not be credited/refunded to You and You may be charged an administration fee.
9.6. Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under this condition and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the goods in question under clause 9.3.3 above.
9.7. No guarantee is given that the information accessible via the Website is accurate, complete or current. Information and product specifications, including information relating to price and availability may be changed or updated without notice.
9.8. The Website may be unavailable from time to time. Nothing on the Website shall be construed as a condition, warranty or representation.
9.9. Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation. Except as otherwise stated in these Terms and Conditions, all conditions, warranties, terms and undertakings, express or implied or otherwise are hereby excluded to the fullest extent permitted by law.
9.10. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of Our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods You purchase.
9.11. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.12. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
10.1. If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term, provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
11.1. We warrant that the Goods will correspond with their specification at the time of delivery.
11.2. Goods supplied by Espresso Solutions are covered under warranty against manufacturing defect for 6 months from the date of supply. Our warranty does not apply to:
11.2.1. consumable components, including but not limited to rubber gaskets, washers and ‘O’ rings, milk frothing supply pipes and coffee filters, or semi-consumable components such as electric elements and automatic milk frothers; and
11.2.2. Electronic components.
11.3. In the event of a warranty claim the component must be returned to Us by following Our returns procedure. On receipt of the faulty component We will inspect the part and validate the claim. We will then provide a refund on the price of the part or replace it free of charge. Our decision on the validity of a claim shall be final and You will be provided with a detailed notification if it is rejected.
12. INTELLECTUAL PROPERTY
12.1. All information, layout and designs on Our Website and catalogue are protected under Intellectual Property rights secured by Espresso Solutions Ltd and its suppliers. Our Website or catalogue may not be partially or totally reproduced in any form without the prior written consent of Espresso Solutions Ltd.
12.2. Espresso Solutions Ltd supplies a large range of original and compatible spare parts. Any machine manufacturers’ brand name referred to in Our catalogues and marketing literature is provided purely as a reference.
12.3. You may retrieve and display the content of the Website on a computer screen or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all Intellectual Property rights and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website
13. DATA PROTECTION AND PRIVACY
13.1. All data (except Debit/Credit Card data) is stored by Espresso Solutions Ltd which is registered under the Data Protection Act 1998.
14. RIGHTS OF THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions
15. ENTIRE AGREEMENT
16. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure is caused by a Force Majeure event being an event which is beyond it’s reasonable control. Including, but not limited to, an act of God, war, any strike or civil commotion, lockout, disorder, fire, explosion, accident or stoppage, act of terrorism or threat thereof, act of Government or supranational bodies or authorities.
17. GOVERNING LAW AND JURISDICTION
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, English law, and You irrevocably submit to the exclusive jurisdiction of the courts of England.