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Terms & Conditions

Terms and conditions for the supply of goods 
 
 
 
Contents 
 
CLAUSE 
    
    1. Definitions
    2. Our contract with you
    3. Changes to order or terms
    4. Delivery of goods
    5. If the goods are faulty
    6. Return of Goods 7. Price and payment
    8. Our liability to you
    9. Events Outside Our Control
    10. Your rights to cancel and applicable refund  
    11. Our rights to cancel and applicable refund
    12. Information about us and how to contact us 
    13. How we may use your personal information
    14. Other important terms
 
OUR TERMS 

1. DEFINITIONS  

1.1 When the following words with capital letters are used in these Terms, this is what they will mean: 
(a) Event Outside Our Control: is defined in clause 9.2; 
(b) Goods: the goods that we are selling to you as set out in the Order; 
(c) Order: your order for the Goods as set out overleaf; 
(d) Terms: the terms and conditions set out in this document; and 
(e) We/Our/Us: Richard Wellock & Sons Limited, registered number 04296795 whose registered office is at Unit 4 Pensdleside, Lomeshaye, Nelson, Lancashire, BB9 6SH. 
1.2 When We use the words "writing" or "written" in these Terms, this will include email unless We say otherwise. 

2. OUR CONTRACT WITH YOU 

2.1 These are the terms and conditions on which We supply Goods to you.  
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Account Opening Forms. 
    If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us. 
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. 
    If We are unable to supply you with the Goods, this will be indicated on your invoice and wherever possible alternative products will be issued. 
2.4 These Terms will become binding on you and Us when We issue you with a Delivery Note when we deliver your Order, at which point a contract will come into existence between you and Us. 
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority. 
2.6 We shall assign an Invoice Number to the Order and inform you of it when We deliver the Order. Please quote the Invoice Number in all subsequent correspondence with Us relating to the Order. 
2.7 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Unfortunately, We do not accept orders from OR deliver to addresses outside the UK. 
2.8 The images of the Goods on Our website OR in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the goods accurately, 
    we cannot guarantee that your computer's display of the colours OR the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. 
    Although We have made every effort to be as accurate as possible, because our Goods are natural, all sizes, weights, capacities, dimensions and measurements indicated may vary. 

3. CHANGES TO ORDER OR TERMS 

3.1 We may revise these Terms from time to time in the following circumstances:  
(a) Changes in how We accept payment from you; 
(b) Changes in relevant laws and regulatory requirements 
(c) Changes in how we accept and deliver your order 
3.2 If We have to revise these Terms under clause 3.1, We reserve the right to alter payment terms without prior notice if you do not meet the minimum spend 
3.3 You may make a change to the Order for Goods at any time before 11pm on the night prior to delivery of goods by contacting Us by phone. 
    Where this means a change in the total price of the Goods, your invoice will be amended.  
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 10.  

4. DELIVERY OF GOODS 

4.1 Please note that timescales for delivery will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries to on a Friday, Saturday and Bank Holidays. 
    Unfortunately We do not accept orders from OR deliver to addresses outside the UK.  
4.2 Your Order will be delivered on the requested delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Our responsibilities when this happens.  
4.3 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 08:00 and 16:00 on weekdays and Saturdays. 
4.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us, or you collect them from Us. 
4.5 If no one is available at your address to take delivery, We will leave your order in a place deemed safe by our Delivery Driver. 
4.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, you will not be charged for the goods and may be sent an alternative product. 
4.7 The Goods will be your responsibility from the completion of delivery OR from when you collect the Goods from Us. 
4.8 You own the Goods once we have received payment in full. 

5. IF THE GOODS ARE DAMAGED 

As a consumer, you have legal rights in relation to Goods that are damaged or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 
    Nothing in these Terms will affect these legal rights.  

6. RETURN OF GOODS 

6.1 If you are unhappy with the Goods for any reason, you may return them to Us within 24 hours of receipt. 
    We will refund you the price you paid for the Goods once these are received back in our warehouse, normally the day following the delivery.  
    Please see our Goods Returns Policy: 
 
Richard Wellock and Sons Ltd Goods Returns Policy 
 
Credits will only be given for return of goods for reason of quality or error created by a member of Wellocks team. 
 
The office must be notified by 5pm on the day of delivery of any issue of quality or error. 
 
It is the responsibility of the customer to keep goods to be returned in the correct manner and to make them available for collection at the time of normal delivery. 
 
Any issue with prepared fruit and vegetables must be notified before 12 pm on the day of delivery. 
 
Credit notes will be issued within 24 hours of goods being received back at the companies warehouse  
 
Any issues with missing credit notes must be notified within 24 hours of receipt of the weekly/monthly statement. 
 
6.2 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. 
    Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 

7. PRICE AND PAYMENT 

7.1 The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time on a daily basis. 
7.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, 
    We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect. 
7.3 The prices for the Goods include delivery costs.  You will be charged a deposit on all crates used to deliver your order and these will be credited on return. 
7.4 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, 
    where the Goods' correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our site, 
    We will contact you to tell you and for your instructions. [If the pricing error is obvious and unmistakeable and could have  
    reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price. 
7.5 Where We are providing Goods to you, you must make payment for Goods in line with the agreed credit terms. 
7.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Yorkshire Bank from time to time. 
    This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.   
    Failure to make payment within the agreed payment terms may result in your Account with us going on STOP. 
7.7 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 7.6 will not apply for the period of the dispute. 

8. OUR LIABILITY TO YOU 

8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, 
    but We are not responsible for any loss or damage that is not foreseeable. 
    Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.  
8.2 We do not exclude or limit in any way Our liability for: 
(a) Death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;  
(b) Fraud or fraudulent misrepresentation;  
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979(title and quiet possession);  
(d) Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and 
(e) Defective products under the Consumer Protection Act 1987. 

9. EVENTS OUTSIDE OUR CONTROL 

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.  
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack 
    or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, traffic or other natural disaster, 
    or failure of public or private telecommunications networks. 
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:  
(a) We will contact you as soon as reasonably possible to notify you; and 
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. 
    Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.  
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10. 
    We will only cancel the contract if the Event Outside Our Control continues for longer than 6 weeks in accordance with Our cancellation rights in clause 10. 

10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND 

10.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods, including where you choose to cancel because We are affected by an Event Outside Our Control or 
    We change these Terms under clause 3.1 to your material disadvantage: 
(a) You may cancel any Order for Goods by telephoning our offices before 11pm on the night prior to delivery. 
(b) If you cancel an Order under clause 10.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you. 
(c) Unfortunately, if you cancel an Order for Goods under clause 10.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order.  Please refer to our Goods Returns Policy. 

11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND 

If We have to cancel an Order for Goods before the Goods are delivered: 
(a) We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.  
(b) If We have to cancel an Order under clause 11(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you. 

12. INFORMATION ABOUT US AND HOW TO CONTACT US 

12.1 We are a company registered in England and Wales. Our company registration number is 4296795 and Our registered office is at 4 Pendleside, Lomeshaye Industrial Estate, Nelson, Lancashire, BB18 5JY. 
     Our registered VAT number is 303424505.  
12.2 If you have any questions or if you have any complaints, please contact Us. 
     You can contact Us by telephoning Our customer service team on 08444 993 444 & select the appropriate option or by e-mailing Us at [email protected] 
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, 
    by hand, or by pre-paid post to Richard Wellock & Sons Ltd at 4 Pendleside, Lomeshaye Industrial Estate, Nelson, Lancashire, BB18 5JY. OR e-mail [email protected]. 
    We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.  

13. HOW WE MAY USE YOUR PERSONAL INFORMATION 

13.1 We will use the personal information you provide to Us to: 
(a) Provide the Goods; 
(b) Process your payment for such Goods; and 
(c) Inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. 
13.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do. 
13.3 We will not give your personal data to any third party. 

14. OTHER IMPORTANT TERMS 

14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms. 
14.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.  
14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 
14.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, 
     that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, 
     and that will not mean that We will automatically waive any later default by you.  
14.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, 
     and if you are a resident of Scotland, you may also bring proceedings in Scotland.