Website Terms and conditions
TERMS AND CONDITIONS
This agreement applies as between you, the User of this Web Site and Eurofrutta, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
means Eurofrutta Limited trading as Eurofrutta, registered in England and Wales, registration number: 06528462, registered office: Arch 61, Eastern Triangle, New Covent Garden Market, London, SW8 5PP;
means collectively any online facilities, tools, services or information that Eurofrutta makes available through the Web Site either now or in the future;
Means our place(s) of business located at Arch 61, Eastern Triangle, New Covent Garden Market, London, SW8 5PP;
means any online communications infrastructure that Eurofrutta makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by Eurofrutta and acting in the course of their employment; and
means the website that you are currently using (www.eurofrutta.co.uk) and any sub-domains of this site (e.g. subdomain. eurofrutta.co.uk) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
1.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Eurofrutta, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
1.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Eurofrutta.
3. Third Party Intellectual Property
1.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
1.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Eurofrutta or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.eurofrutta.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Eurofrutta. To find out more please contact us by email at firstname.lastname@example.org or by telephone (020 7627 3156).
7. Use of Communications Facilities
1.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
1.a.1 You must not use obscene or vulgar language;
1.a.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
1.a.3 You must not submit Content that is intended to promote or incite violence;
1.a.4 It is advised that submissions are made using the English language, as we may be unable to respond to enquiries submitted in any other languages;
1.a.6 You must not impersonate other people, particularly employees and representatives of Eurofrutta or our affiliates; and
1.a.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
1.2 You acknowledge that Eurofrutta reserves the right to monitor any and all communications made to us or using our System.
1.3 In order to use the enquiry form and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
3.a.1 Any information you submit is accurate and truthful; and
3.a.2 You will keep this information accurate and up-to-date.
Terms and conditions of sale
1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller.
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 ‘Delivery Date’ means the date as agreed between the Seller and Buyer when the goods are to be delivered.
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller.
1.5 ‘Price’ means the price for the Goods including carriage, packing and insurance but excluding VAT.
1.6 ‘Seller’ means Eurofrutta Ltd, Rail Arch 27-28, New Covent Garden Market, London, SW8 5PP
2. Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order conﬁrmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Upon cessation of regular orders for the delivery of goods shall be deemed as a breach in the agreed trading relationship and all monies owed shall become payable in full with all outstanding debt to be paid in full.
3. The Price and payment
3.1 The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 The Seller shall provide the Buyer with a monthly statement detailing all invoices for the month.
3.3 Payment of the Price and VAT shall be due within by the fifteenth calendar day of each month following the month of delivery. Time for payment shall be of the essence.
3.4 The Seller reserves the right to require a deposit from the Buyer and to require payment for the Goods before delivery.
3.5 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the following rates:
3.5.1 a rate of 12% the ﬁrst three months;
3.5.2 a rate of 25% thereafter and shall accrue at such a rate after as well as before any judgment
3.6 If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may:
3.6:1 Suspend or cancel deliveries of any articles due to the Buyer; and/or
3.6:2 Appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think ﬁt.
3.7 In the event that the Buyer fails to make payment for the Goods the Buyer shall fully indemnify the Seller in respect of any costs and expenses legal or otherwise, incurred by the Seller in recovering payment form the Buyer.
4. The Goods
4.1 All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in these conditions of sale) relating to the quality and/or ﬁtness for purpose of the Goods or any of the Goods are excluded.
5.1 The Goods shall be delivered to the Buyer at the Seller’s address. The risk in the Goods shall pass to the Buyer upon such delivery taking place.
5.2 The Seller shall arrange for carriage of the Goods to the Buyer’s address provided that the Seller shall not have to arrange carriage of the Goods to a location more than miles form the Seller’s address. In which case the costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer without any set-off or other withholding whatever and shall be due on the date for payment of the Price.
5.3 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
5.4 The Seller operates a policy of next day delivery. Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 1 week of the Delivery Date.