CHEFWORKS.CO.UK (FULFILLED BY NISBETS TERMS & CONDITIONS OF SALE (‘this agreement’)
In this Agreement,
the “Customer” means any person who places an Order with Nisbets (either as a private consumer or as a business);
the “Goods” means any items sold or supplied by Nisbets under an Order;
“Nisbets” means Nisbets Plc, a company incorporated in England with company number 01693112 and a registered address at Fourth Way, Avonmouth, Bristol, BS11 8TB, United Kingdom;
“Order” means any request or order (via phone, web order (excluding Ebay or Amazon) or mail order) to purchase the Goods, and;
the “Parties” refers to the Customer and Nisbets
the “Website” refers to www.chefworks.co.uk
1.1 This Agreement is the only form of contract for the sale and supply of Goods and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.1.2 Orders placed on the Website are fulfilled by Nisbets. Any Order is subject to acceptance by Nisbets. Nisbets is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Nisbets does not in itself constitute acceptance by Nisbets of the Order.1.3 This Agreement may be varied or updated from time to time on the Website.
- Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Website at the time of the Order.2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Nisbets may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.2.3 If any Goods are unavailable or out of stock then Nisbets may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Nisbets may vary the Order with the Customer’s approval.
- Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the Website at the time the Order is placed. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Nisbets shall be under no obligation to honour the incorrect price or Order.3.4 Payment for Goods and delivery charges may be made by any of the options listed on the Website. Nisbets reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled.3.5 Orders may be subject to credit or security checks to safeguard against fraud.
4.1 Full delivery prices and options are listed on the Website and subject to change from time to time.4.2 Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Nisbets before 8.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day’ then delivery will usually be completed within 5 days. Embroidered or personalised Goods will be subject to longer lead times for delivery.4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.4.4 Nisbets will use reasonable endeavours to meet delivery estimates in all cases however Nisbets cannot be held liable for any loss or damage due to delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used at the Customer’s own risk and Nisbets will not be liable for any damage, loss or disruption caused by the same.
4.7 All Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.
- Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by Nisbets. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Embroidered or personalised Goods are not returnable or refundable unless defective. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Website. The carriage cost of returns may be refunded in whole or in part to the Customer at Nisbets’s discretion.5.2 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Nisbets’s discretion.5.3 Goods that are damaged due to delivery must be reported to Nisbets within 24 hours. Goods that are missing from delivery must be reported to Nisbets in writing within 7 days from delivery.
6.1 Nisbets reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.6.2 Nisbets reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.6.3 Nisbets reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Nisbets’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
- Limitation of Liability
7.1 The Customer agrees that Nisbets will not be liable for any losses or damage suffered by the Customer including but not limited to damage to other items or the Customer’s premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Nisbets will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs or inspection. Nothing in this Agreement shall exclude Nisbets’s statutory liability for injury or death.7.2 Goods sold are not insured for delivery unless otherwise confirmed by Nisbets.
- Intellectual Property Rights and Confidentiality
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.