Our Terms & Conditions

TERMS AND CONDITIONS OF USE OF THE WEBSITE AND SERVICES WITH ESPRESSO SOLUTIONS

These Terms and Conditions (“the Terms") govern the users ("you" or "your") use of the website, Your access to and use of www.espresso-solutions.co.uk ("the Website"), the sales of all goods by Us, Espresso Solutions Ltd whose registered office is at Unit 8 Enterprise Court, Metcalf Way, Crawley, West Sussex, RH11 7RW, a company incorporated in England registered number 7934595. We amend these Terms from time to time. These Terms were last updated in December 2015.

Please read these terms carefully as they affect your rights and liabilities under law.

DEFINITIONS

“We”, “Us” means Espresso Solutions Ltd , “Customer”, “You, Your”, means the party to whom goods are being supplied as identified as the registered Espresso Solutions Ltd account holder placing any order or the principal card holder in the event of a non-account order.

“Contract” means the contract between Us and You for the sale of the Goods in accordance with these conditions.

“Goods” mean the goods set out in this order.

BASIS OF CONTRACT

By using the website, phone or email to order goods with Us, you are agreeing to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use our services. These terms form the entire basis of any agreement reached between You and Us. Until full payment is received, all goods remain the property of Espresso Solutions Ltd.

These conditions apply to the Contract to the exclusion of any terms You seek to impose or incorporate, or which are implied by trade or custom.

The Contract constitutes the entire agreement between Us and You. You acknowledge that you have not relied on any statement, promise or representation made or given by Us which is not set out in the Contract.

The offer is made subject to these Terms and Conditions. Acceptance of the Goods by You shall be deemed acceptance of these Terms and Conditions at which point the Contract shall come into existence.

In relation to special order goods, bespoke items, goods held by us as consignment stocks and foodstuff items, 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. These items are non-returnable and non-refundable.

A quotation for Goods given by Us shall not constitute an offer. Any prices stated in a quotation will expire 28 days from the date of the quotation.

We reserve the right to alter the specification of the goods without prior reference to you insofar as the performance of such Goods is not materially altered and the cost is not increased.

ORDERS

All orders placed are subject to availability and acceptance of the terms and conditions. Order acknowledgements received by you from the website do not count as an agreement to do business.

Your contract with Espresso Solutions Ltd will commence at the time of dispatch of your goods or when payment is debited from your Credit/Debit card or PayPal account (whichever is the later).

Orders placed with items 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), alternatively you can at this point cancel the out of stock items.

Please note that 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.

In the very unlikely 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.

PURCHASE ORDER NUMBERS

We understand that You may require a Purchase Order Number to be quoted on your invoice. Whilst we are happy to assist you in this respect, 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.

DELIVERY

Delivery will be made to the address detailed on your Order and once delivered all items become the responsibility of you the buyer.

Delivery dates are approximate. Delivery shall be deemed to take place on the date of the first attempt at delivery to your premises or other place specified for delivery. Delivery is to the threshold of your premises, which shall be deemed to be Goods Inwards or in the absence of this the Main Reception at the specified delivery address. Next day delivery refere to delivery in the UK before close of business the following working day or by chosen delivery time. Saturday deliveries are delivered in the UK before close of business on Saturday or by chosen delivery time.

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.

We only deliver within the UK mainland, Northern Ireland, Jersey and Guernsey (the 'Territory'). For transactions outside of the ‘Territory’, please contact support@espresso-solutions.co.uk prior to ordering. In relation to certain specific goods, there are geographical restrictions.

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 research your own countries practices.

CANCELLATION

You have the right to cancel any order placed with us within 7 days of the date of receipt of the goods purchased. Cancelled orders must be returned unopened in their original packaging promptly with return carriage arranged by yourself.

Parts supplied by Espresso Solutions Ltd are covered under warranty against manufacturing defect for 6 months from the date of supply. Our warranty does not apply to consumable components such as 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. In the event of a warranty claim the component must be returned to us by following our returns procedure. On our 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.

RETURNS

You must notify us in writing via email at support@espresso-solutions.co.uk within 3 working days from the date of receipt of goods sold if there is any discrepancy between goods ordered and those delivered OR the same day for any damages.

Returns of goods ordered in error must be notified to us within 10 working days from the date of receipt of the goods. Goods returned due to an order error may incur a 25% re-stocking fee.

All goods returned to us as damaged 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.

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.

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 will incur an administration fee to cover the administration cost of chasing such details.

All goods must be returned carriage paid and clearly displaying your returns number, Warranty claims must be returned clearly stating it is a warranty claim.

INVOICES

For credit account holders only, all invoices are due no later than 30 days from date of invoice.

Invoice queries must be raised in writing within 10 working days of the date of invoice.

Any queries must be sent in by e-mail to accounts@espresso-solutions.co.uk.

All notices given in writing should be sent to Espresso Solutions Ltd, Unit 8 Enterprise Court, Metcalf Way, Crawley, West Sussex, RH11 7RW.

PRICES AND PAYMENT

All 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.

Payment shall be made in UK pounds sterling or Euro only. In relation to credit sales, payment shall be due within 30 days from the date of invoice.

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 despatch 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 authorization 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.

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 Bank of England. Interest to accrue from day to day from the date of invoice until actual payment is received by way of cleared funds.

Dishonoured cheques issued by You shall incur an administration fee of 20 pounds in addition to any bank charges paid by Us in relation to the returned cheque.

In addition to the list 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.

Risk in the Goods will pass to You on delivery. Title and ownership of the Goods will not pass until payment in full has been received by Us. 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.

We reserve the right to refuse and/or to cancel an account and/or 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.

Prices for Goods are stated exclusive of Value Added Tax and other sales tax unless otherwise indicated in the ordering process.

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.

GUARANTEES AND LIABILITIES

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, or arising from wear and tear, wilful damage, negligence or misuse.

Information on the Website or in Our catalogues may contain inaccuracies or typographical errors. Information and product specifications, including information relating to price and availability may be changed or updated without notice.

No guarantee is given that the information accessible via the Website is accurate, complete or current. The Website may be unavailable from time to time. Nothing on the Website shall be construed as a condition, warranty or representation.

Except as otherwise stated in these terms, Our entire liability in respect of a particular good that has passed into your ownership and your remedies shall be limited to, at Our option and in accordance with Our returns policy from time to time, a credit note in respect of the amount paid by You to Us for such Goods or the replacement or repair of the Goods by Us.

Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation, but except as otherwise stated in these Terms and Conditions, all conditions, warranties, terms and under takings express or implied statutory or otherwise are hereby excluded to the fullest extent permitted by law.

Subject to the above, under no circumstances shall We be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract and Our total liability to you in respect of all other loses arising under or in connection with the Contract, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.

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.

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 or 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.

COPYRIGHT

Our catalogue, including all drawings in it, is protected under copyright secured by Espresso Solutions Ltd and its suppliers. Our catalogue may not be partially or totally reproduced in any form without the prior written consent of Espresso Solutions Ltd.

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.

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 copyright 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.

DATA PROTECTION

All data (except Debit/Credit Card data) is stored by Espresso Solutions Ltd which is registered under the Data Protection Act 1998. Any personal data held may be used to send You further information about products in which you may be interested or to inform You of important functionality changes to Our Website and may be shared with our business partners. However, You may notify us that you do not wish to receive such information or to have any information shared by e-mailing support@espresso-solutions.co.uk.

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.

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.

 
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