Terms & Conditions

TERMS AND CONDITIONS FOR THE SALE OF GOODS


1. Definitions

Buyer 

The person who buys or agrees to buy the goods from the Seller.

Conditions  

The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

Goods           

The articles which the Buyer agrees to buy from the Seller.

Price              

The price for the Goods, including any VAT if applicable. Any carriage, packaging and insurance costs will be added at the checkout..

Seller

Means Bridgwater Trading Company Limited Trading As Spanish trading Co. of 148 Scorer Street, Lincoln, Lincolnshire, LN5 7SX.

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.  

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of  the Seller.

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

3. Price

 The Price shall be the price quoted on the Seller’s confirmation of order  The Price is exclusive of any VAT which shall be due at the rate in force on the date of the Seller’s invoice. 

4. Payment and Interest

4.1 Payment of the Price and VAT shall be due within 30 days of the date of the Seller’s invoice.   
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.

4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

5. Goods

The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order. Where the goods ordered are out of stock the seller reserves the right to substitute a similar item to the same or higher value at no extra cost to the buyer. The weights of Canned and bottled goods are quoted as gross contents ie undrained weight unless otherwise stated.

6. Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.  [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].

7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

8. Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer. 

8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. 

9. Title and risk

9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

10. Carriage of Goods

Carriage will be chargeable on all sales requiring delivery.

11. Your Right To Cancel
Right for you to cancel your contract
11.1You may cancel your contract with us for non-perishable goods you order at any time up to the end of the seventh working day from the day after you receive the ordered goods. You do not need to give us any reason for cancelling your contract in this way nor will you have to pay any penalty. To cancel your contract you must notify us in writing at our address: Spanish Trading Co, 148 Scorer Street, Lincoln, Lincolnshire, LN5 7SX.
11.2 You acknowledge that we cannot accept cancellation of your contract to purchase perishable goods in this way because they are by their nature liable to deteriorate or expire rapidly.
11.3 If you have received the non-perishable goods before you cancel your contract then you must send the non-perishable goods back to our address at your own cost and risk. If you cancel your contract but we have already dispatched the goods for delivery you must not open the non-perishable goods when they are received by you and you must send the non-perishable goods back to us at your own cost and risk as soon as possible.
11.4 Once you have notified us that you are cancelling your contract for non-perishable goods, any sum debited to us from your credit card for them will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to your account.




 Refrigerated Products

Our cheeses and meats all have at least some curation and are thus able to be transported in unrefrigerated conditions without going bad. We often use ice packs to keep goods cool during transit however customers should be sure that they are able to receive delivery on the first attempt. Unfortunately, we cannot accept responsibility for degradation of any products that were unable to be delivered at the first attempt due to the customer being absent. If you are not sure that you will be available to accept delivery, consider contacting us to schedule delivery for a specific day, or preferably, have the goods delivered to your work address or to a neighbour provided of course that the goods can be refrigerated immediately on receipt. Please note that orders placed on Friday containing refrigerated products will be shipped on Monday.

 

Sale of Alcohol & Knives

It is an offence for any person under the age of 18 years to purchase Alcohol and most kinds of knives. We shall only supply Alcohol and/or knives to customers over the age of 18 years. The sale of Alcohol and knives is regulated by Law and subject to our terms and conditions of sale.

We reserve the right to refuse the sale if we have reasonable cause to believe that the prospective customer is below the age of 18 years, or if we believe that the supply of goods to the prospective customer may infringe the Law or present an unacceptable potential risk to the safety of others. 

You will be subject to extra checks to verify your age as part of the checkout process if your order includes alcohol and/or Knives.  Alcohol or knives  will only be delivered to the address of the person who has made the payment. A Signature will be required.  Goods will not be left if the person signing for them cannot prove that they are 18 or older using a recognised form of ID such as photo driving license or passport.  Any extra costs relating to re-delivery or non-delivery of the goods arrising from the recipient or purchaser not being able to give valid proof of age, will be paid for in full by the purchaser. Bridgwater Trading Company Ltd. or our elected carrier accept no responsibility or liability for non delivery of goods due to the receipent not being able to proive that they are over 18 years old.