In these Terms and Conditions (Terms) the following words and phrases mean:
“the Buyer” means the person, firm or company who purchases the Goods from the Company
“the Company” means Coffee Tastimg Club
“Contract” means the Contract between Coffee Tasting Club and the Buyer, which shall be deemed to incorporate these Terms
“Goods” means any Goods agreed in the Contract to be supplied by Coffee Tasting Club to the Buyer
“Place of Delivery” means the place to which the Goods are to be delivered
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time to time.
2. The Contract
The Contract shall be on these Terms, to the exclusion of all other terms and conditions that are purported to be included or applied by the Buyer.
No Terms and Conditions contained in the confirmation of Order, purchase order or other document of the Buyer will form part of the Contract.
Unless otherwise agreed in writing, the Place of Delivery shall be the Buyer’s premises.
Coffee Tasting Club will normally despatch Stock items within 4-5 working days of the order being received, to ensure the product is freshly roasted to order.
Occasionally there may be a slightly longer delivery period. In this instance Coffee Tasting Club will contact the Buyer to advise of anticipated delivery.
All orders are despatched by Royal Mail First Class.
Orders paid for by cheque will only be despatched once the cheque has cleared.
Unless agreed differently, or unless an exact day of delivery is mutually decided, there will be no despatches on Saturdays, Sundays or public holidays. All deliveries, unless otherwise agreed, will be for delivery to the Great Britain mainland.
All orders will be confirmed by e-mail within 24 hours.
Telephone orders will be dealt with in the same manner above as internet orders.
4. Post and Packaging
Please see delivery
5. Inspection, Transit Delays and Non-delivery
The Buyer must inspect the Goods as soon as reasonably possible after delivery and shall, no later than 5 days from the date of delivery, give notice to Coffee Tasting Club in writing of:
Any defect in the Goods that is apparent on reasonable examination.
In this case Coffee Tasting Club shall, at Coffee Tasting Club's discretion, upon satisfactory examination issue a credit note for the Goods and return costs. Goods must be available for return to Coffee Tasting Club in their original packaging. In any event the Buyer must refuse parcels delivered to it in a damaged condition.
Any shortfall in Goods delivered. In this case Coffee Tasting Club shall, at its
discretion, deliver the undelivered Goods or issue a credit note for the undelivered Goods.
Any orders not delivered in accordance with the order. In this case
Coffee Tasting Club shall, at Coffee Tasting Club's discretion, replace the Goods.
The Buyer must notify Coffee Tasting Club of any Goods invoiced but not delivered within 7 days of the invoice date, quoting the invoice number. The Buyer must notify Coffee Tasting Club of any Non-delivery of either the products, or an invoice for them, within 7 days of the promised despatch date, Unless specified otherwise under “Delivery”, the Buyers exclusive remedy shall, at Coffee Tasting Club's sole discretion, be re-delivery of the Goods or refund or credit of the purchase price.
If the buyer fails to notify Coffee Tasting Club within the appropriate period, as stated above, Coffee Tasting Club shall have no liability whatsoever.
The remedies set out above are the Buyers exclusive remedies for non-delivery, late delivery or short delivery of Goods, or for apparent defects in the Goods, or delivery of Goods, not in accordance with the Order. Coffee Tasting Club shall not be liable for any other losses, consequential or otherwise, arising from Non-delivery or late delivery.
6. Risk in and Ownership of Goods
Risk in the Goods shall pass to the Buyer on delivery.
Payment in full, unless otherwise agreed, shall be made before delivery will commence. Payment shall not be deemed to have taken place until the receipt by Coffee Tasting Club of cleared funds.
8. Returns Policy
If goods are returned due to being faulty, so long as they are returned within a reasonable time the remedy afforded to the customer, under the Sale of Goods Act 1979 (as amended), is a refund. Also, where a consumer exercises his cancellation rights the customer will be given a refund within 30 days of their cancellation.
Goods should be returned to Coffee Tasting Club adequately packed and despatched freight prepaid, clearly labelled to:
CUSTOMER RETURNS DEPARTMENT,
Coffee Tasting Club
164a Derby Road
9. Force Majeure
If either party is subject to a Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These terms shall be governed by interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.