Terms & Conditions
General Legal Notes - AFS
AFS, AFSFOOD, APADANA & APADANA FOOD SERVICES are trading names of Harlequin Stockport Limited, a company incorporated in England & Wales. Harlequin Stockport Limited`s registered office is at Units 3-4 Tilson Road, Roundthorn Industrial Estate, Manchester,United Kingdom, M23 9GF.Harlequin Stockport Limited`s registered in England & Wales with registration number 3309660. Harlequin Stockport Limited`s VAT number is 677 6688 58.
1. Definitions:
In these terms and conditions 1.1 “The Vendor” means Harlequin Stockport Limited and all its divisions and subsidiary companies. 1.2 “The Customer” means a business account holder, ie any person, firm, company or other legal entity which places an order, or buys any products from the Vendor and includes the employees, agents or sub-contractors of any such person, firm, company or other legal entity. 1.3 “Food” means any food or beverage. 1.4 “Non-Food” means any goods which are not food 1.5 “Contract” means a contract between the Vendor and the Customer for the sale and purchase of the Products. 1.6 “Products” means any Food and/or Non-Food agreed in the contract to be supplied by the Vendor to the Customer. 1.7 “Terms and Conditions” means the terms and conditions of sale. 1.8 “Statutory Interest” means statutory interest as defined in Late Payment of Commercial Debts (Interest) Act 1998 1.9.1 “Cash” means monetary consideration UK bank notes and UK bank coins. “Cheque” means bank cheque, bank draft, direct debit, standing order. 1.9.2 “Consumer” means an individual or personal account holder purchasing goods for themselves rather than for a business.
2. Terms & Conditions:
These Terms and 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 and practice. The Vendor reserves the right to amend or up date the current Terms and Conditions. Any such changes will take effect when posted on the website.
3. Placing an order:
By placing an order with the Vendor either via the Vendors Telesales department or the Vendor’s website, the Customer is offering to contract with the Vendor on the basis of these Terms and Conditions. The parties are bound by the Contract only when the Vendor accepts to process the order or deliver the Products to the Customer whichever occurs earlier. The Contract is subject to availability of the stock. Products are subject to availability and market conditions. We may limit the quantities of goods supplied to any one customer. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. Abusive behaviour from Customer to the Vendor’s staff will not be tolerated; the Vendor reserves the right to refuse to sell to such Customer. Calls made to Telesales may be recorded for training purposes. The Vendor reserves the right to refuse the acceptance of an order and/or to terminate any Customers trading account without explanation or notice. The Vendor can refuse entry to anyone at any time at its sole discretion. Buying and/or parking on the Vendors premises are done entirely at the risk of the Customer and any people accompanying them save for liability for personal injury or death arising from the Vendors negligence. Children are admitted to our premises on the understanding they are accompanied by an Adult and kept under strict control. Animals cannot be admitted except for Guide Dogs. SMOKING is not permitted.
4. Minimum Order:
The Vendor’s minimum order value is £150.00 for delivered items. The Vendor reserves the right not to deliver an order which is valued at less than the latest minimum order value. There is no minimum order for Collection.
5. Deliveries:
5.1 Deliveries of Products to the Customer shall be in accordance with Vendor’s delivery schedule. 5.2 The Vendor will not always guarantee delivery in accordance to the Customers requested timing schedule. 5.3 The Vendor shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Products by a particular date or arising as a result of any causes beyond the Vendor’s control. 5.4 The delivery of Products shall be made by the Vendor to such reasonably accessible premises as the Customer shall reasonably require. The Customer shall allow the Vendor reasonable access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place to take and sign off the delivery of the Products. Deliveries will be made to the address specified by the Customer when the account was opened with us. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether. 5.5 If the Customer fails to take delivery or fails to give the Vendor adequate delivery instructions at the time stated for delivery then without prejudice to other right or remedy available to the Vendor, the Vendor may do one or more of the following: 5.5.1 Charge the Customer the cost of carriage of the refused delivery both to and from the premises of the Customer in addition to the Vendor’s administration and re-stocking charges published in the Vendor’s catalogue or in the Vendor’s website. A charge of £20.00 or 10% of the delivery value, whichever is the greater, will be made. 5.5.2 Charge full cost price for perishable food items like fresh vegetables etc. 5.5.3 Charge the Customer for re-scheduling a delivery. 5.6 Shortages should be recorded at the time of delivery in the presence of the Vendor’s driver; the Customer will sign off the delivery note/hand held device highlighting the shortages and counter signed by the Vendor’s Driver. 5.7 The Vendor will not tolerate any abusive behaviour by the Customer towards any of its Staff; the Vendor reserves the right to refuse to deliver to such a Customer.
6. Risk and Ownership:
All risks in the Products pass to the Customer on delivery. Ownership of the Products delivered to Customer shall remain with the Vendor until the Products are fully paid for.
7. Warranties:
The Vendor warrants that all Food Products and Non-Food products shall comply with all UK and EU legislations.
8. Price:
Contract Price is the invoice price, any offers are subject to availability, and the prices quoted or shown on the Vendor’s literature are exclusive of VAT @ standard rate where applicable. The Vendor reserves the right to vary or alter product specification & price without prior notice. From time to time various Customer groups may be excluded from promotions, e.g. Wholesalers, Contractors.
9. Account Terms:
Initially all new accounts will be paid in advance or Cash on Collection.
10. Payments:
10.1 The Customer must settle all accounts in accordance with all agreed terms, in the event of Customer account being in arrears, we reserve the right to withhold further supplies. The Vendor reserves the right to charge Statutory Interest on overdue balances for the period from the date on which the payment was due. 10.2 The Customer may choose to settle their account with debit or credit card. The debit and credit cards accepted by the Vendor are those listed in the Vendors promotional magazine or website. Authority for payment will be requested from your card issuer at the time of your order and your card will be charged at the point of invoicing. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. 10.3 Maximum cash payment by coins allowed by one Customer is £60 in £1 or £2 coins only. Cash transactions over £9000 may require proof of identity.
11 Returns:. In the case of a collection from the Vendors warehouse, damages or other mistakes must be notified by the Customer or Consumer prior to leaving the premises where reasonably practicable. Consumers have the right to cancel within seven days of their contract with The Vendor, or seven days of receipt of the goods (whichever is the longer). The Vendor will credit the Consumer in full on receipt of returned items in their original condition. With reference to delivered items, whereby Harlequin Stockport Limited is supplying a delivery service, The Vendor will only credit the customer or consumer if the wrong product was delivered and returned on the same day with the same delivery driver in original condition
12 Online Security:
At the time of your registration you set a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you. 12.1 Please note your details will not be passed on to any other company, organisation or individual for the purposes of unsolicited marketing or advertising.
Trademarks etc
The content of AFS’s Internet Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the AFS Internet Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal use or for your business (so long as not for commercial exploitation or profit by your business), provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the AFS Internet Site without written permission from AFS.
No licence is granted to you in these Terms and Conditions to use any trade mark of AFS or its affiliated companies including, without limitation.
Information
AFS takes reasonable precautions to ensure that any guidance note on the AFS Internet Site is accurate. However, data on the AFS Internet Site which relate to legislation, food safety or any other matter is provided purely for your information and is not intended to be legally comprehensive. AFS recommends that no action be taken on such data within the AFS Internet Site as such data are intended to be indicative only and not a substitute for full legal or other professional advice.
Limitations
You may not use the AFS Internet Site for:
1.disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
2.transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
3.gaining unauthorised access to other computer systems;
4.interfering with any other person's use or enjoyment of the AFS Internet Site;
5.breaching any laws concerning the use of public telecommunications networks;
6.interfering or disrupting networks or web sites connected to the AFS Internet Site;
7.making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
AFS reserves the right to refuse to post material on the AFS Internet Site or to remove material already posted on the AFS Internet Site.
Indemnity
By using the site, you accept that you will indemnify AFS against all losses, liabilities, costs and expenses reasonably suffered or incurred by AFS, all damages awarded against AFS under any judgment by a court of competent jurisdiction and all settlements sums paid by AFS as a result of any settlement agreed by AFS arising out or in connection with:
1.any claim by any third party that the use of the AFS Internet Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
2.any claim by any third party that the use of the AFS Internet Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
3.any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the AFS Internet Site by you.
Availability of the AFS Internet Site
Due to the nature of the Internet, AFS is unable to guarantee that the AFS Internet Site will meet your requirements. AFS gives no warranty that the service will be fault free. If a fault occurs in the service you should contact AFS’s Marketing Department and AFS will attempt to correct the fault as soon as we reasonably can.
Your access to the AFS Internet Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. AFS will attempt to restore the service as soon as it reasonably can.
AFS's Liability
AFS provides this site to you without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The AFS Internet Site provides content from other Internet sites or resources and while AFS does what it can to ensure that material included on the AFS Internet Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. AFS is not responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the AFS Internet Site. AFS will attempt to remedy any inaccuracies in the material on the AFS Internet Site as soon as we reasonably can upon being notified of such inaccuracies. In particular, we disclaim all liabilities in connection with the following:incompatibility of the AFS Internet Site with any of your equipment, software or telecommunications links technical problems including errors or interruptions of the AFS Internet Site unsuitability, unreliability or inaccuracy of the AFS Internet Site inadequacy of the AFS Internet Site to meet your requirements to the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the AFS Internet Site. Nothing in these Terms and Conditions shall exclude AFS's liability for personal injury or death caused by its negligence.
Third Party Websites
This AFS Internet Site includes links to other web sites or material which are beyond its control. AFS is not responsible for content on such Internet pages
Advertising and Promotions
The AFS Internet Site may contain advertising and promotions from third parties. Advertisers and promoters are responsible for ensuring that material submitted for inclusion on the AFS Internet Site complies with relevant laws and codes of practice. We will not be responsible for any error or inaccuracy in advertising or promotional material.
Please see individual promotions for details of relevant terms and conditions or ask in store for terms and conditions.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
International Use
The AFS Internet Site has been designed for use by AFS customers and potential customers within the United Kingdom. AFS makes no promise that materials on the AFS Internet Site are appropriate or available for use in locations outside the United Kingdom, and accessing the AFS Internet Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so of your own volition and you are responsible for compliance with relevant local law.
AFS shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
The Promoter: Harlequin Stockport Limited, Reg in England & Wales No. 3309660