Terms and conditions for sale of goods – The Sausage Man Limited
1. Terms and Conditions
These terms and conditions (the “Terms and Conditions”) apply to any purchase made by you through our website, sausagemanb2b.wpengine.com. If you do not agree with these Terms and Conditions, please do not proceed to make a purchase on our website.
These Terms and Conditions were last updated in June 2019. Any changes to these Terms and Conditions will be published on our website, and so you should check for updates regularly before making purchases.
Goods are sold on sausagemanb2b.wpengine.com by The Sausage Man UK Limited (“We” or “us”), a company registered in England and Wales under company number 09971751 and with registered office at 10 Queen Street Place, London EC4R 1AG.
They describe the terms on which we will sell Goods to You. “Goods” may include, but is not limited to, food products including frozen food, and related products.
3. The Contract
3.1 When you place an order through our website, that is your offer to buy the Goods from us on these Terms and Conditions. You must make sure that the order (and any specification that forms part of your order) is correct.
3.2 When we send you a written confirmation, via email, you have a binding contract with us, and these Terms and Conditions are part of it.
3.3 These Terms and Conditions are our entire agreement. No previous statements or representations that we have made to you form part of these Terms and Conditions unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
4. The Goods
4.1 The Goods are described on our website.
4.2 We are allowed to change any of the specifications of the Goods if this is necessary to comply with any regulations.
4.3 We will ensure that the following information is given or made available to you prior to the formation of a contract between you and us, unless such information is apparent from the context of the transaction:
4.3.1 the main characteristics of the Goods;
4.3.2 our identity and contact details;
4.3.3 the total price for the Goods, including taxes or, if the nature of the Goods is
such that the price cannot be calculated in advance, the manner in which it will be calculated;
4.3.4 where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
4.3.5 where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Goods;
4.3.6 our complaints handling policy;
4.3.7 information in our legal duty to supply Goods that are in conformity with these Terms and Conditions; and
4.3.8 where applicable, details of after sales services and commercial guarantees.
5. Delivery of the Goods
5.1 We will provide you with a delivery note with each delivery of Goods. It will state the order date, the order reference number, the type and quantity of Goods and the storage instructions. You can obtain further information on our delivery procedures, including information on food temperatures and the process for delivery of frozen Goods, please refer to our ‘Delivery and Food Procedures Guide’.
5.2 Delivery dates are approximate, and time of delivery is not of the essence.
5.3 If we fail to deliver the Goods, our liability will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the Goods. We will not be liable for non-delivery if you give us inadequate delivery or other supply instructions.
5.4 We are allowed to deliver the Goods in instalments. If we do this, each instalment will make up a separate contract with its own invoice and payment arrangements. If an instalment is delayed, you may not cancel other instalments because of the delay.
5.5 You may cancel your order at any time before we dispatch the Goods by contacting us in writing (via our email address [email protected]).
5.6 If you are a consumer, you may also cancel your order within 14 days of receipt of the Goods where it is placed with us using our website. If you have already paid for the Goods, the payment will be refunded to you within 14 days of your cancellation (excluding delivery costs, for which you will be responsible, unless the Goods are damaged, defective or incorrect).
5.7 To exercise your right of cancellation, as set out in clause 5.6, you must follow this procedure:
5.7.1 contact us by email, within 14 days of receipt of the Goods, to confirm that you will be cancelling your order;
5.7.2 safely and securely repackage the Goods, in the packaging originally provided to you, or in packaging of a similar standard; and
5.7.3 return the Goods to us by post (you are advised to use a tracked form of postage) within 7 days of contacting us to confirm your cancellation.
5.8 The right of cancellation, as set out in clause 5.6, shall not apply to frozen Goods or to any other Goods which may deteriorate or expire rapidly.
5.9 We may cancel your order at any time before we dispatch the Goods in the following circumstances:
5.9.1 The Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or
5.9.2 An event outside of our control continues for more than 14 days.
5.10 If we cancel your order under sub-Clause 5.7 and you have already paid for the Goods, the payment will be refunded to you within 14 days. If we cancel your order, the cancellation will be confirmed by us in writing (via email).
6. Title, Risk and Warranties
6.1 Risk in the Goods passes to you on completion of delivery.
6.2 We warrant that, at the time of delivery:
6.2.1 the Goods are the same in all material respects as their description on the website. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our website. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible;
6.2.2 the Goods are free from significant defects;
6.2.3 the Goods are of satisfactory quality; and
6.2.4 the Goods are suitable for any purpose that we have specified.
6.3 If you discover that some or all of the Goods do not conform with clause 6.2, you can reject them within 30 days of their receipt by notice in writing to us, or require us to replace them, or (if we fail to do that) require us to refund you the price of the defective Goods. This will only apply, however, if you have done the following:
6.3.1 given us a reasonable opportunity to examine the Goods; and
6.3.2 returned the Goods to us at our address.
6.4 Clause 6.3 does not apply if:
6.4.1 you continue to use the Goods after you given us notice of a defect;
6.4.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage, installation or maintenance of the Goods; or
6.4.3 changes have been made to the Goods to comply with regulations which apply to them.
7. Price and Payment
7.1 The price of the Goods is stated in our email confirmation of your order. It is exclusive of VAT, postage and packing costs, for which you will have been required to pay in addition to the purchase price at the time of sale.
8. Liability Limitations
8.1 We will not be liable to you for any loss of profit or any consequential loss arising from these Terms and Conditions, and our total liability to you under these Terms and Conditions will not exceed the price of the Goods.
8.2 These Terms and Conditions do not limit our liability for death, personal injury caused by our negligence, fraud, breach of the terms implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987, or any other matter that the law says we can’t exclude.
8.3 Neither of us will be liable to the other for failure or delay in carrying out these Terms and Conditions, which is caused by an event beyond our reasonable control, which We could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest, explosions, mechanical breakdown, natural disasters, malicious damage, or default of suppliers or sub-contractors.
9.1 We are allowed to assign, transfer, charge or sub-contract our rights and obligations under these Terms and Conditions, but you may not do any of these things unless we have previously agreed in writing that you can.
9.2 Nobody other than you and us may rely on any terms of these Terms and Conditions.
9.3 If either party wishes to give a notice to the other under these Terms and Conditions, we must give it in writing and either deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings.
9.4 Delay in exercising a right under these Terms and Conditions will not take away that right or any other right.
9.5 Any dispute shall not affect the parties’ ongoing obligations under these Terms and Conditions.
9.6 These Terms and Conditions, and any non-contractual rights arising hereunder, are governed by English law and the courts of England and Wales will have exclusive jurisdiction to deal with any disputes arising from it.
10. Personal Data
We will use your personal data in order to process your orders for the purchase of Goods. Further information on how we use your personal data can be found in our privacy notice.