Jenks Brands Terms & Conditions
1.1 In these Terms & Conditions `The Company` means Jenks Brands Limited, registered in England & Wales under number 09106065, and having its Registered Office at Dwight House, 38 Burlington Road, Fulham, London SW6 4NX, United Kingdom.
`The Customer` means any person, firm, company or other legal entity that places an order or buys any products from the Company, including employees, agents or sub-contractors of any such person, firm, company or other legal entity.
`Goods` means any products which the Company supplies in accordance with these Terms & Conditions.
`Contract` means any contract for the purchase and sale of goods.
`Conditions` means the standard terms & conditions of sale set out in this document.
2.1 These Terms & Conditions shall be incorporated into the Contract, and shall apply in place of and prevail over any terms and conditions verbally communicated or implied by custom or practice. The Company reserves the right to amend or update the current Terms and Conditions. Any such changes will take effect when posted on the Company's website.
2.2 Any reference in these Terms & Conditions to any provision of statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Terms & Conditions are for convenience only and shall not affect their interpretation.
3.1 By placing an order with the Company the Customer is offering to contract with the Company on the basis of these Terms & Conditions.
3.2 The Contract is subject to availability of the Goods. If for any reason beyond reasonable control, the Company is unable to supply a particular item, it will not be liable to the Customer for loss of profit from or in conjunction with the non-supply of goods, however this may arise.
3.3 The Company may limit the quantities of Goods supplied to any one Customer at its discretion and without assigning a reason.
3.4 The Company reserves the right to refuse acceptance of an order and/or terminate a Customer's trading account without explanation or notice.
3.5 The quantity, quality and description of any Goods shall be as set out on the Company's website.
3.6 The parties are bound by the Contract only when the Company receives an order of the Goods.
3.7 Any typographical, clerical or other error or omission in any sales literature, price list, invoice or other document issued by the Company shall be subject to correction without any liability on the part of the Company.
3.8 The Company may set a minimum order value for deliveries, which is published on the Company's website.
3.9 The Company reserves the right not to deliver an order which is valued at less than the published minimum order value.
4.1 Deliveries of Goods to the Customer shall be in accordance with the Company's delivery procedures.
4.2 The Customer must ensure that staff are available to accept delivery.
4.3 The Company shall not be liable for any loss or damage arising as a result of failure to deliver Goods by a particular date/time or arising as a result of any causes beyond the Company's control.
4.4 The delivery of Goods shall be made by the Company to such reasonably accessible premises as the Customer shall reasonably require. The address will be that address specified by the Customer.
5.1 Goods must be inspected upon delivery. Once an item has been delivered, risk of loss or damage of the item passes over to the Customer. In the event that the Customer receives goods that are damaged, it must be brought to the attention of the Company at the time of delivery.
6.1 The price of the Goods shall be the Company's invoice price.
6.2 Any offers and promotions are subject to availability.
6.3 The Company reserves the right to vary or alter product specification and price without prior notice.
6.4 The price is exclusive of any applicable Value Added Tax, which the Customer shall be additionally liable to pay the Company.
7.1 All risks of damage to the Goods shall pass to the Customer at the time of delivery to the Customer.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the conditions, the property in the Goods shall not pass to the Customer until the Company has received in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is due.
8.1 The Company warrants that the Goods shall comply with the Food Safety Act 1990 (as amended), and all Goods shall comply with all relevant UK legislation from time to time in force.
8.2 The Company shall not be liable to the Customer, or be deemed to be in breach of the Contract, if any failure was due to any cause beyond the Company's control.
9.1 All new Customers shall pay for orders at the time of placing the order on the Company’s website.
10.1 At the time of online registration the Customer is asked to set a password. The Customer must keep this password secret, as the Customer is responsible if its confidentiality is not maintained. The Customer is responsible for all orders placed with the Company or information given to the Company under the Customer's email address in combination with the password. The Customer must immediately notify the Company of any unauthorised use of the Customer's email address and/or password, or any breach of security known to the Customer.