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BACKGROUND:

                                

The Seller (YFF) shall sell and the Customer shall purchase the Goods in accordance with any Order completed by the Customer which is accepted by the Seller.

 

These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such Order is made or purported to be made by the Customer.

 

1.            Definitions and Interpretation

1.1          In these Terms and Conditions the following terms shall have the following meanings: 

 

“Calendar Day”	means any day of the year;
“Cancellation Form”	means the form attached to these Terms and Conditions as Schedule 1;
“Cancellation Notice”	means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer;
“Carrier”	means the carrier chosen by the Seller to be responsible for the shipment and delivery of the Goods;
“Contract”	means the contract for the purchase and sale of the Goods under these Terms and Conditions;
“Customer”	means the individual purchasing the Goods from the Seller who shall be identified in the Order;
“Goods”	means the goods which the Seller is to supply in accordance with these Terms and Conditions;
“Order”	means the customer’s completed order for the purchase and delivery of Goods;
“Payment Information”	means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;
“Perishable Goods”	means any goods which are reduced in value and deteriorate when kept;
“Sales Literature”	means any and all brochures, catalogues, leaflets, price lists and other documents providing details of Goods available and pricing information for those goods; and
“Seller”	means YFF, a company registered in England and Wales under

 

1.2          Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1     “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2     a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3     “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;

1.2.4     a Schedule is a schedule to these Terms and Conditions; and

1.2.5     a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.

1.3          The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4          Words imparting the singular number shall include the plural and vice versa.

1.5          References to any gender shall include the other gender.

 

2.            Basis of Sale

2.1          The Seller’s employees, drivers or agents are not authorised to make any representations or discounts concerning the Goods unless confirmed by Yorkshire Fine Foods in writing.  The Customer acknowledges that by entering into the Contract, they do not rely upon, and waive any claim for breach of, any such statements from agents that are not so confirmed.

2.2          Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute contractual offers to sell the Goods which are capable of acceptance.

2.3          Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

 

3.            Orders and Specifications

3.1          No Order placed by the Customer shall be deemed to be accepted by the Seller until it is confirmed in writing or by telephone by the Seller’s authorised representative.

3.2          The specification for the Goods shall be those set out in the Seller’s Sales Literature unless varied expressly in the Customer’s order (if accepted by the Seller). For example fish products shall be trimmed to the customer’s request.

3.3          The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

3.4          The Seller shall use its best and reasonable endeavours to meet the Customer’s Order in full in a single delivery.  In the event that stock levels do not permit such delivery, orders may be dispatched in separate shipments subject to the Customer’s approval. In the event goods are not available the Seller will suggest alternatives by telephone to the Customer, which are subject to the Customer’s acceptance.

3.5          No Order which has been accepted by the Seller may be cancelled by the Customer except in accordance with the procedure set out in Clause 7 below.

 

4.            Price

4.1          The price of the Goods shall be that shown in Sales Literature issued by the Seller current at the date of acceptance of the Customer’s order or at such other price as may be agreed in writing by the Seller and the Customer.

4.2          Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s Sales Literature the price quoted shall be 30 Calendar Days only.

4.3          Once an Order has been placed by the Customer and confirmed by the Seller, the Seller shall not alter the price of the Goods chargeable to the Customer which form part of that order except in the following circumstances:

4.3.1     Where the price of Goods shown in Sales Literature, price lists or other documents is higher than the correct price, the Customer will be charged the lower, correct price; and

4.3.2     Where the price of Goods shown in sales literature, price lists or other documents is lower than the correct price, the order or the relevant part of the order will be cancelled by the Seller and the Customer shall be informed in writing of the cancellation and the reason for that cancellation.

4.4          Unless otherwise stated, prices shown for Goods do not include delivery charges.

4.5          Prices of Variable Priced Goods may change due to fluctuations in the market value outside the Seller’s control- for example a shortage of cod. In such cases, prices may vary from those detailed in the sales literature. Where such changes occur the Seller will notify the buyer by telephone and the order will only be placed subject to the Customer’s acceptance of new pricing.

 

5.            Payment

5.1          Subject to any other terms agreed in writing between the Customer and the Seller, the Seller shall invoice the Customer for the price of the Goods on delivery of the Goods, or collection by the Customer. Should the Customer fail to take delivery of the Goods, the Goods will be left in a secure place by the Seller and the Seller shall be entitled to invoice the Customer for the price at any time after the Seller has notified the Customer that the Goods were delivered.

5.2          For internet orders, subject to any other terms agreed in writing, the Customer shall be required to provide Payment Information when completing the order form.  Payment shall be processed by the Seller as part of the order process.

5.3          Advance payment is possible should the customer not intend to be available to accept the delivery in person. The Customer may enclose a guaranteed cheque for the value of the Goods ordered when placing their Order, or pay through the banking terms listed in the Sales Literature.  Payment shall be processed by the Seller as part of the order process.

5.4          All payments should ideally be made on delivery, but not later than seven days from the Goods having been delivered.

5.5          For any payments not made by Cash on delivery,( by bank payment or guaranteed cheque) the Customer will be required to quoted there customer identification number to ensure the payment is correctly allocated.

5.6          All payments made to the Seller must be made in Pounds Sterling, subject to any written agreement to the contrary.

 

6.            Delivery

6.1          Delivery of the Goods shall be made by the Seller delivering the Goods, to the location specified by the Customer in their order and / or the Seller’s acceptance, or if no place of delivery is specified, by the Customer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Customer that the Goods are ready for collection.

6.2          The Delivery time is approximate only and time for delivery shall not be of the essence unless previously agreed.  The Goods may be delivered by the Carrier in advance of the Delivery time upon giving reasonable notice to the Customer.

6.3          Where a multi-part delivery is required, as set out in sub-Clause 3.4 above, each constituent part of the full order shall be counted as a part of the same delivery and the delivery charges to the Customer shall reflect this.

6.4          Upon the first attempt to deliver the Goods, the Carrier will attempt to leave the Goods in a suitable and safe place or with a neighbour in the event that the Customer or their authorised representative is not available to receive the delivery.  Where a signature is required on receipt of the Goods, this may be sought from a neighbour if the Customer is not available where this is permitted by the terms of the delivery method chosen.

6.5          If delivery in accordance with sub-Clause 6.4 is not possible, the Goods will be returned to the Seller whereupon the Seller will attempt to contact the Customer to make alternative delivery arrangements.

6.6          The cost of delivery shall not be deducted from any refund issued where a failure to deliver was the fault of the Seller.

 

7.            Notice of the Right to Cancel

7.1          The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008.

7.2          The Customer has the right to cancel the Order from point of order up to 24 hours prior to expected delivery (the “Cancellation Period”).

7.3          The Customer may be required to pay for Perishable Goods if delivery has taken place with the Customer’s written agreement prior to the end of the Cancellation Period.

7.4          Cancellation Notices shall be deemed served upon the Seller:

7.4.1     In the case of a Cancellation Notice sent by post, at the time of receipt; and

7.4.2     In the case of a Cancellation Notice sent electronically, on the day it is sent.

7.4.3     In the case of cancellation by telephone at the time that telephone call is received by Yorkshire Fine Foods

 

 

8.            Returns and Refunds

8.1          Where Perishable Goods are delivered prior to the end of the Cancellation Period, provided the express written permission of the Customer has been given for such delivery, Perishable Goods may not be returned, nor payments made for them refunded, except at the exclusive discretion of the Seller. 

8.2          In the event that Perishable Goods are delivered prior to the end of the Cancellation Period without the Customer’s written consent, the Seller shall not be entitled to any monies constituting the value of any such Perishable Goods.

8.3          In the event of Goods not being of acceptable quality, the Customer should notify Yorkshire Fine Foods within 24 hours from the delivery. Yorkshire Fine Foods guarantees to replace or refund any defective deliveries.

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9.            Notices

9.1          All notices under these Terms and Conditions shall be in writing, by email or by telephone . 

9.2          Subject to the provisions of Clause 7, above, notices shall be deemed to have been duly given: 

9.2.1     when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient (where applicable); or 

9.2.2     when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or 

9.2.3     on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or 

9.2.4     on the tenth business day following mailing, if mailed by airmail, postage prepaid.

in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

 

10.         Guarantee

The Seller guarantees all Goods against faulty quality and defects for 24 hours from the date of deliver, upon notification of quality problems the Seller will refund or replace the ordered items..

11.         Force Majeure

Neither the Seller nor the Customer shall be liable for any failure or delay in performing their obligations under the Contract or arising out of these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, snow, extreme weather conditions earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question. Should the delivery be delayed due to unforeseen severe traffic problems such as a major accident, the Seller will endeavour to inform the Customer.

 

12.         Severance

In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

 

13.         Law and Jurisdiction

13.1       This Agreement shall be governed by the laws of England and Wales.

13.2       Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.