1. OUR CONTRACT WITH YOU
1.1 These Terms apply to the Contract between you and us for the supply by us
of Goods. No other terms will apply to the Contract and the Contract may not be
changed unless agreed between you and us in writing. Our employees and agents
have no authority to make any promises on our behalf unless they are confirmed
by us in writing and you agree that you will not rely on any promises not confirmed
by us in writing. All terms implied by law, custom, practice or course of dealing
and which are inconsistent with the Terms are excluded to the maximum extent permitted
1.2 We can refuse to accept any Order placed by you. The Contract will become
binding only when we accept your Order in writing. Your Order is part of the Contract
only for the purposes of, if necessary and agreed by us, specifying the nature
and description of the Goods to be supplied. Words and phrases used shall have
the meanings given in paragraph 10 below.
2. PRICE AND PAYMENT
2.1 The price of the Goods shall be our quoted price, errors and omissions
excepted. However, we can increase the price of the Goods at any time before delivery
to reflect any increase in our costs which is due to any factor beyond our control.
Unless otherwise agreed in writing, the price is exclusive of VAT and other duties
(all of which you will pay to us in addition).
2.2 Goods supplied for export from the United Kingdom are subject to the Company's
export price list or local currency price list as applicable.
2.3 Delivery of the Goods otherwise than ex works at the Company's premises shall
be subject to the Company's charges for transport, packaging and insurance.
2.4 The buyer shall pay the price of the goods in advance and the goods will be
dispatched upon clearance of monies in the bank accounts of Uig Lodge Smoked Salmon.
2.5 The seller shall not be bound to deliver the Goods until the buyer has paid
for them. In the event of goods being dispatched before payment or clearance of
payment; payment will be made by the buyer in a timely manner.
2.6 If the Buyer fails to make any payment on the due date then, without prejudice
to any other right or remedy available to the seller, the seller shall be entitled
to cancel the contract or suspend any further deliveries to the buyer and appropriate
any payment made by the buyer to such of the goods (or the goods supplied under
any other contract between the buyer and the seller) as the seller may think fit
(notwithstanding any purported appropriation by the buyer).
3. DELIVERY, RISK AND TITLE
3.1 Delivery shall be regarded as taking place when the carrier delivers the
Goods at the agreed delivery address.
3.2 Any dates quoted for delivery of the Goods are approximate only and we will
not be liable for any delay in delivery of the Goods however caused. Time for
delivery will not be of the essence. Without affecting our other rights, if you
fail to take delivery of the Goods at the specified time we may store and insure
the Goods and you will reimburse to us on demand all of our costs in doing so.
If delivery is to take place in installments, each delivery will be a separate
3.3 Risk of loss of or damage to the Goods shall pass from us to you on delivery.
You must notify us of any shortages or damage to the Goods within 7 days of delivery.
Your failure to do so shall be conclusive evidence that you have accepted the
4.1 Without affecting our other rights, we may defer or cancel any deliveries
of Goods and treat the Contract as cancelled if you: (a) breach any of the terms
or conditions of the Contract; or (b) enter or propose to enter into any arrangement
with your creditors, become bankrupt or otherwise insolvent, are unable to pay
your debts as they become due, have any receiver, administrator or liquidator
appointed or any event similar to any of the foregoing happens to you.
4.2 You may cancel the Contract in the event that we materially breach our obligations
under the Contract and we fail to remedy the breach within 28 days of your notice
in writing requiring us to remedy the breach. Otherwise, you may only cancel the
Contract with our agreement in writing.
4.3 Where you enter into this Contract as a Consumer, the following conditions
shall apply: (a) You have the right to cancel the Contract without charge (save
as set out below), by notice in writing to us at any time within the Cancellation
Period. This right to cancel does not apply to any Contract which falls within
regulation 13 of the Regulations, including any Contract concerning the provision
of any Goods which have been made to your specification. In addition, this right
to cancel does not apply where Goods have been used or packaging opened in any
way. (b) If you choose to exercise the right to cancel within the Cancellation
Period in respect of any Goods, you shall be responsible for returning the Goods
to us and you shall bear all costs of delivery of the Goods from you to us. (c)
To exercise the right to cancel, you must notify us of this intention by emailing
us at firstname.lastname@example.org or by telephoning 01851 672 ***
4.4 Where Goods are supplied under a "consumer transaction" (as that term is defined
by the Consumer Transactions (Restriction on Statements) Order 1976) your statutory
rights are not affected by these conditions.
4.5 If we cancel the Contract under paragraph 4.1 above or if you cancel the Contract
otherwise than in accordance with paragraphs 4.2 and 4.3 above, you will indemnify
us in full against all losses (including loss of profit), costs (including the
cost of all labour and materials used), damages, charges and expenses incurred
by us as a result of cancellation.
5. WARRANTIES AND LIABILITY
5.1 We warrant to Customers who use Goods in their business that the Goods
are free from defects in workmanship and materials. We will replace Goods which
fail to give satisfaction due to defective workmanship and materials. Replacement
shall be at our election and expense and is your exclusive remedy in place of
all other rights and remedies. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED. Uig Lodge Smoked Salmon EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
5.2 We will indemnify you against any loss you suffer arising out of death, personal
injury or damage to physical property caused by our negligence or the negligence
of our employees or agents.
5.3 SUBJECT TO PARAGRAPH 5.2, TO THE MAXIMUM EXTENT PERMITTED BY LAW Uig Lodge Smoked Salmon SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
COSTS AND DAMAGES OR ANY OTHER LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF
LAW, WITH RESPECT TO PRODUCT SOLD BY Uig Lodge Smoked Salmon, OR ANY
UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. Without limiting the generality
of the foregoing, Uig Lodge Smoked Salmon specifically disclaims any
liability for property or personal injury damages, penalties, special or punitive
damages, damages for lost profits or revenues, loss of use of Goods or any associated
equipment, cost of capital, cost of substitute Goods, facilities or services,
down-time, shut-down or slow-down costs, or for any other types of economic loss,
or for claims of your customers or any third party for any such damages.
5.4 We will not be liable to you or be regarded as being in breach of the Contract
if there is delay or failure to carry out any of our obligations and the delay
or failure arises out of any cause beyond our reasonable control.
6. PROHIBITED USE
6.1 As a condition of your use of this Web site, you warrant to us that you
will not use this Web site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. Businesses must declare themselves.
6.2 All website design, text, graphics, their selection and arrangement thereof,
and all software compilations, underlying source code, software and all other
material on this Site are the copyright of Uig Lodge Smoked Salmon or it's licensors.
6.3 Permission is granted to electronically copy and to print in hard copy sections
of this Site for the sole purpose placing an order with us or using this Site
as a shopping resource. Any other use of materials on this Site, including reproduction
for purposes other than those noted above, modification, distribution or republication,
without our prior written permission is strictly prohibited.
6.4 IN NO EVENT SHALL Uig Lodge Smoked Salmon BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE DOCUMENTS ON THIS WEB SITE WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW.
6.5 As a condition to your use of this site you agree to indemnify us and hold
us harmless in respect of all losses, damages, fees, costs and expenses (including
legal expenses) which we may incur by reason of (a) your use of this site in any
way not expressly authorised hereby; (b) any breach by you of copyright in this
site or any material displayed in it or comprising part of it; and/or (c) any
taxes (except corporate or profit taxes) or customs or import duties or postage
costs we may incur in respect of any order you may make.
7.1 This Web site contains hyperlinks to Web sites operated by other parties.
Such hyperlinks are provided for your reference only. We do not control such Web
sites and are not responsible for their contents. Our inclusion of hyperlinks
to such Web sites does not imply any endorsement of the material on such Web sites.
8.1 We reserve the right to change the terms, conditions, and disclaimers under
which this Web site or any service offered through it is offered. This right shall
not affect the existing terms and conditions accepted by you upon making a legitimate
purchase using this Web site.
9.1 You may not assign the benefit of the Contract without our prior written
9.2 We may at any time retain, make deductions from or set-off any amounts we
owe to you in order to meet any amounts which you owe to us. We will have a general
lien on all property held by us on your behalf until satisfaction of all obligations
you may have to us.
9.3 Any notice we are required or permitted to give to you under the Contract
shall be in writing addressed to you at the address or email address you notify
to us from time to time. Any notice you are required or permitted to give to us
under the Contract shall be in writing addressed to us at email@example.com
or to Uig Lodge Smoked Salmon, Uig Lodge, Uig, Isle of Lewis, Scotland,
HS2 9ET, United Kingdom
9.4 If any provision of the Contract is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other provisions
of the Contract and the remainder of the provision in question shall not be affected.
9.5 Nothing in the Contract, these Terms and/or any Quotation is intended to confer
on any person any right to enforce any of the terms in such Contract, Terms and/or
Quotation which that person would not have had but for the Contracts (Rights of
Third Parties) Act 1999.
9.6 The Contract shall be governed by the laws of Scotland, and you and we hereby
agree to submit to the non-exclusive jurisdiction of the Scottish courts in connection
with any dispute or other matter arising out of the Contract.
9.7 These terms and conditions shall not affect your statutory rights as a consumer.
10. GLOSSARY OF TERMS
Period" means the period of seven working days from the date of delivery
of the Goods;
"Consumer" shall bear the same meaning as set out in the Regulations;
"Contract" means the contract between you and us generated by
us accepting the offer made by you in your Order, incorporating our Quotation
and these Terms;
"Goods" means the goods (including any installment of the goods
or any part of them) which we are to supply in accordance with the Contract;
"Order" means your order in writing for Goods; "Quotation" means
our non-binding indication in writing of the terms on which we might, subject
to contract, be prepared to supply the Goods;
"Regulations" means the Consumer Protection (Distance Selling)
"we", "us", "our" , " Uig Lodge Smoked Salmon" means J Green & Sons, Bickmarsh Hall,
Bidford-on-Avon, Alcester, Warks B50 4PE, United Kingdom;
"writing" includes any form of electronic communication which
we may specify for interaction with our website;
and "you" or "your" means the person(s) named
as the customer(s) on the Order.
10.2 The headings in these General Terms are for convenience only and shall not
affect their interpretation.
PRIVACY AND SECURITY STATEMENT
We are committed to protecting your privacy. We only use the information that
we collect about you lawfully (in accordance with the Data Protection Act 1998)
We collect information about you for 2 reasons: firstly, to process your order
and second, to provide you with the best possible service.
We will not email you in future unless you have given us your consent. We will
not pass your e-mail address, your postal address, or your phone number to any
other trader without your explicit permission. The type of information we will
collect about you includes: Your name, address, phone number, e-mail address,
and credit/debit card details We will never collect sensitive information about
you without your explicit consent.
The information we hold will be accurate and up to date. You can check the
information that we hold about you by emailing us. If you find any inaccuracies
we will delete or correct it promptly. The personal information which we hold
will be held securely in accordance with our internal security policy.
If we intend to transfer your information outside the EEA (European Economic
Area) we will always obtain your consent first. We may use technology to track
the patterns of behaviour to our site. The specific technology we may use will
help us to locate the route via which you came to our site, such as search engines,
browsers, shopping malls, etc. This is to help us promote our site in the most
efficient way. You can modify your browser setting to avoid anyone identifying
you. If you have any questions/comments about privacy, you should e-mail us.