PAYMENT IS DUE 7 DAYS FROM INVOICE DATE These terms and conditions of trading supersede all previous terms and conditions of trading which may have been issued.
Definitions
1.1 The ”Buyer”, ”Accountholder” or ”You” means the person/ organisation/ company who buys, in whose name the Account is held or agrees to buy the goods from the Seller.
1.2 The ”Seller”, ”Us” or ”We” means Madeira Patisserie Ltd, Madeira London Ltd, Madeira London Retail Ltd of Unit 1-2 Linford Street, London SW8 4UN.
1.3 ”Conditions” and ” Terms and 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.
1.4 ”Delivery Date” means the date specified by the Seller when the goods are to be delivered or collected by the Buyer.
1.5 ”Goods”, ”Supplies” means the articles which the Buyer agrees to buy from the Seller.
1.6 ”Price” means the price for the Goods but excludes carriage charges, packing, insurance and VAT (if applicable).
1.7 ”Account” the Madeira Account that You hold;
1.8 ”Deposit” the amount that We ask You to pay as described in Clause 9.2 as an advance against any money that You might owe Us in the future;
1.9 “Telesales Agent” means the employee or contractor of Madeira who assisted You with your application if Your application was made over the phone;
1.10 ”Website” means the website at the following url: https://www.madeiralondon.co.uk/
Application of Conditions
2.1 All estimates and/or quotations for services and/or goods supplied by the Seller are subject to these Conditions and no variation will apply unless agreed in writing by Director of the Seller.
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 collection of Goods shall be deemed to be conclusive evidence of the Buyers acceptance of these Conditions.
Prices
3.1 All prices are subject to VAT at the rate applicable at the date of the invoice (if applicable).
3.2 The price of the Goods shall be the price stipulated in the Sellers published price list, current at the date of delivery/collection of the Goods. The Seller reserves the right to alter prices without prior notice and the new prices will be advised to the Buyer when requested at the time placing the order.
Payment and Settlement Terms
4.1 The Seller shall not be bound to deliver or allow collection of the Goods until the Buyer has paid for them, unless credit terms have been agreed. Payment shall be due before delivery/collection and time for payment shall be of essence, unless credit terms have been agreed.
4.2 Notwithstanding the provisions of clause 4.1 above, provided the Buyer holds and account with the Seller, full payment shall be due after Goods have been delivered/collected/invoice Date (or as stated above under Payment Terms).
4.3 If the Buyer fails to make any payment on the due date then without prejudice to any of the Sellers other rights, the Seller may suspend or cancel deliveries/collections of any Goods due to the Buyer, 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 of.
4.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above NatWest Bank plc base rate from time to time in force and shall continue to accrue at such rate after as well as before any judgement.
4.5 Any cheque requiring representation will attract a charge of £25.00 per cheque per representation. Any cheque returned for any reason will attract a charge of £50.00 per cheque.
4.6 The Seller reserves the right to charge at cost, any and all third party costs incurred by the Seller in the recovery, or attempted recovery of any unpaid invoices.
Goods
5.1 No order will be accepted with an overall value of less than £15.00 excluding VAT (if applicable).
5.2 The Seller will replace or credit any Goods proven faulty upon delivery/collection. All such claims must be made by email or telephone (and confirmed in writing or by fax if requested) within 24 hours, or no claim will be entertained. Goods will not be accepted back after this period under any circumstances.
5.3 If upon receipt of Goods the Buyer should find any discrepancy in comparison to the order, the Buyer must notify of the discrepancy, firstly to the driver and then the Seller by email or telephone (and confirmed in writing or by fax if requested) within 24 hours. Missing delivery notes must also be reported within 24 hours as replacement copies cannot be provided after this time.
5.4 Goods which are in accordance with the contract will not be accepted for refund/credit or return under any circumstances.
Remedies
6.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conforms to the contract of sale.
6.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
6.3 The Seller shall not be liable to the Buyer for late/short delivery or collection of Goods.
Use of Customer Information
7.1 “We will collect, store and use any personal information provided by You and/or Account holders in connection with Your Account (“Your Information”) in accordance with the requirements of the Data Protection Act 2018, the General Data Protection Regulation (GDPR) and our Privacy Policy, details of which can be found here and under the Terms and Conditions at https://madeiralondon.co.uk/terms-and-conditions/.
7.2 We will use Your Information in the following ways:
a) to set up and maintain Your Account and all records relating to it;
b) for the administration of Your Account and to process and communicate with You about transactions on Your Account;
c) to enable us and third parties to carry out technical, logistical or other functions for the purposes of managing Your Account and the technical and management systems upon which it relies on Our behalf;
d) to carry out fraud prevention in accordance with 7.3 below;
e) to carry out credit checking in accordance with 7.4 below;
f) to enable us and third parties to carry out data analysis with regard to Your Account for the Company’s internal business purposes; and
g) to conduct marketing activities described in and subject to 7.5 below.
7.3 We and/or other organisations may access and use Your Information and share it with fraud prevention agencies to prevent fraud and money laundering, for example, when: (i) checking details on applications for credit and credit related or other facilities, (ii) managing credit and credit related accounts or facilities, (iii) recovering debt, (iv) checking details on proposals and claims for all types of insurance, and (v) checking details of job applicants and employees. If false or inaccurate information is provided by You and fraud is identified, details will be passed to fraud prevention agencies and law enforcement agencies may access and use this information. You may be refused certain services, finance or employment as a result of this. Further details of how the information held by fraud prevention agencies may be used are detailed in our Privacy Policy. We and other organisations may access and use the information recorded by fraud prevention agencies from other countries.
7.4 We may use Your Information for credit checking in order to mitigate exposure to bad debts. By entering into this Agreement You confirm Your agreement to Us or a third party nominated by Us undertaking such credit reference agency searches from time to time and You agree that records of the searches may be seen by other organisations in relation to any application for credit in the future.
7.5 Your Information including Your contact details may be used for marketing purposes as agreed by You when you register and activate your Account on the Web.
Amendment of Terms
8.1 We are entitled to amend these Terms and Conditions at any time by written notice to You. We will give you written notice either by a written notice on Your invoice stating that new terms and conditions have been posted on the Web Portal or by a separate electronic communication. It is Your responsibility to check any amendments that are so notified. If You wish to discuss the amended terms and conditions, You must do so within seven days of the change being notified. The amended terms will be deemed to have been accepted seven days after the date of the relevant notice if You have not contacted Us within this period.
Conditions Applying To Online Orders Only
(a) The technical steps required to create the contract between you and us are as follows:
(b) If we are unable to supply you with the Cakes, Breads, Goods and/or Services, for example because that Cakes, Breads, Goods and/or Services are not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. In the unlikely event that you have already paid for the Cakes, Breads, Goods and/or Services we will refund you the full amount as soon as possible.
(c) These terms, and any contract between us, are only in the English language. We will not file a copy of the contract between us.
(d) The images on our site are for illustrative purposes only and do not necessarily represent the exact Goods to be purchased. For example, the Goods may vary from the images in terms of size and colour and it is your responsibility to clarify with the Seller any points regarding the appearance of the Goods prior to placing an order.
(e) Whilst the Seller has made every effort to ensure that details and information given on this site are accurate, full technical specifications are not necessarily included. Furthermore, the Seller’s policy is one of continuous improvement and the right is reserved to alter details and information as the need arises. Accordingly you should check any details and information you wish to rely on with the Seller at the time of purchase.
(f) Unless otherwise agreed, prices for Cakes, Breads, Goods and/or Services may change from time to time, but changes will not affect any order which we have accepted in accordance with Condition 18(a) above.
(g) Where applicable to you, the price is subject to VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.
(h) Our site contains a large number of products and services. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
(i) The price of a Cakes, Breads, Goods and/or Services may not include delivery or collection charges. Our delivery and collection charges are as set out on our site from time to time.
By using Madeira you accept Madeira’s Terms & Conditions when applying or using the online services.
Madeira is committed to maintaining the privacy of the information you provide to us and safeguarding the privacy of our customers and website visitors.
You can read about how we use your information in our Privacy Policy section.
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