Terms and Conditions
- These Terms
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What these terms cover. These are the terms and conditions on which we supply the goods specified in the order (Goods) to you.
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Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- Information about us and how to contact us
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Who we are. We are Vegetarian Express Ltd a company registered in England and Wales. Our company registration number is 02793607 and our registered office is at 7a Odhams Trading Estate, St. Albans Road, Watford, Herts, United Kingdom, WD24 7RY. Our registered VAT number is GB251406338. We operate the website www.vegetarianexpress.co.uk (“our Website”).
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How to contact us. You can contact us by telephoning our customer service team on 01923 249714 or by writing to us at sales@vegexp.co.uk or Vegetarian Express Ltd, Unit 7a Odhams Trading Estate, St Albans Road, Watford, Hertfordshire, WD24 7RY.
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How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
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"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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When communications are received. A notice or other communication is deemed to have been received:
- if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission.
- Our contract with you
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Our contract. These terms and conditions (Terms) apply to the order by you and supply of Goods by us to you (Contract). No other terms are implied by trade, custom, practice, or course of dealing.
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Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
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Language. These Terms and the Contract are made only in the English language.
- Placing an order and its acceptance
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Placing your order. Each order, whether submitted in writing, over telephone, or through our Website, is an offer by you to buy the Goods subject to these Terms.
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Correcting input errors. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
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Acknowledging receipt of a Website order. After you place an order on our Website, you will receive an email from us acknowledging that we have received it, but this does not mean that we have accepted your order. Our acceptance of your order will take place as described in Clause 4.
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How we will accept your order. Our acceptance of your order will take place when we call or email you to accept it, at which point the Contract will come into existence between you and us.
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If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified. This list is not exhaustive.
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Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
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We only sell via our Website to the UK. Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept Website orders from addresses outside the UK.
- Our Goods
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Goods may vary slightly from their pictures. The images of the goods on our Website or in other marketing literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods and the goods may be presented differently. Your Goods may vary slightly from those images.
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Product packaging may vary. The packaging of the Goods may vary from that shown in images on our Website or in other marketing literature.
- Delivery, transfer of risk and title
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We shall ensure that:
- each delivery of the Goods is accompanied by a delivery note that shows the date of the order, all relevant Customer account numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
- if we require you to return any packaging materials to us, that fact is clearly stated on the delivery note. You must make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.
- Delivery date. If you have not already been made aware of the delivery days in your area, then we will contact you with an estimated delivery date, which is usually within 1-3 working days after we email or telephone you to confirm our acceptance of your order, when a delivery is placed Monday - Thursday. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
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Delivery costs. The costs of delivery (if any) will be as told to you over the telephone or on our Website or told to you in the course of email exchanges.
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When you become responsible for the Goods. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order; or collected from us by you or a carrier organised by you The Goods will be your responsibility and at your risk from that time.
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When you own Goods. You own the Goods once we have received payment in full, including all applicable delivery charges.
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What will happen if we fail to deliver the Goods. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control (see condition 15), or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
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What will happen if you fail to accept delivery. If you fail to take delivery within 3 business days after the day on which we notified you that the Goods were ready for delivery, we may:
- resell part of, or all the Goods;
- store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance)
- We do not accept or deliver orders to addresses outside of the UK.
- Warranties
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On receipt of your order you must check the Goods. You must check that the Goods delivered correspond with your order before signature of a delivery note.
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We warrant the Goods will comply with relevant UK legislation from time to time in force. This includes the Food Safety Act 1990.
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When the Goods do not comply with our warranty. Except as provided in clause 9, we shall have no liability to you in respect of the Goods' failure to comply with the warranty set out in clause 2.
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We exclude some implied terms. The terms implied by sections 13 to 15 of the Sale of Products Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
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Replacement goods. These Terms shall apply to any replacement Goods supplied by us in accordance with these terms.
- Return and refund
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We will only refund your Goods if they are in breach of our warranty. If you are unhappy with the Goods on the basis that they do not comply with the warranty in clause 2 and would like a refund, you must:
- give us notice in writing to the Supplier within 24 hours of delivery that some or all of the Goods do not comply with the warranty set out in clause 2;
- give us a reasonable opportunity of examining such Goods; and
- if we ask you to do so, return such Goods to our place of business at our cost.
Provided the above has taken place, we shall, at our option, replace the defective Goods, or refund the price of the defective Goods in full.
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When we will not refund goods, even if they do not comply with our warranty. We will not be liable for the Goods' failure to comply with the warranty set out in clause 2 in any of the following events:
- If you make any further use of such Goods after giving notice in accordance with clause 1(a);
- the defect has arose because you failed to follow the our oral or written instructions as to the storage or use of the Goods or (if there are none) good trade practice regarding the same;
- the defect has arose as a result of us following any instruction supplied by you;
- you have altered the Goods without our written consent; or
- the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
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Our liability in relation to the warranty. Except as provided in this clause 9 we have no liability to you in respect of the Goods' failure to comply with the warranty set out in clause 2.
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Excluded terms. The terms implied by sections 13 to 15 of the Sale of Products Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
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Replacement goods. These Terms shall apply to any replacement goods supplied by the Supplier.
- Termination
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We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, your address;
- you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us;
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
- you fail to pay any amount due under the Contract on the due date for payment;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
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Termination of the Contract does not affect your rights. It shall not affect your or our rights and remedies that have accrued as at termination.
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Some terms will continue even after termination. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
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You must compensate us if you break the contract. On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and any accrued interest.
- Price and payment
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Where to find the price for the product. The price of the product (which includes VAT as applicable) will be the price as told to you over the telephone or on our Website or told to you in the course of email exchanges, howsoever you have placed the relevant order. We take all reasonable care to ensure to ensure that the price of the product advised to you is correct. However, please see clause 5 for what happens if we discover an error in the price of the product you order.
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Prices may change. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
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We will pass on changes in the rate of VAT. The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
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The price of Goods does not include delivery, insurance or packaging charges. Our charges for these are as advised to you during the check out process, before you confirm your order if ordering through our Website; or verbally if ordering telephone.
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What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
- How to pay
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How you must pay. We accept payment via:
- credit or debit card; or
- Upon delivery of an invoice.
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Payment by credit or debit card. If paying by credit or debit card, payment shall be made at the time of order, using the Website prompts or by telephone.
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Payment by invoice. If paying by invoice, we will invoice you for your order on or at any time after delivery. Each invoice shall quote the relevant order number. You must pay for invoices:
- within 30 days of receipt of the invoice; and
- in full and in cleared funds to the bank account nominated in writing by us.
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What happens if payments are late. If either party fails to make payment due to the other party under this agreement by the due date, then, without limiting the other party’s remedies under clause 10, the defaulting party shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each date at 4% above the Bank of England’s base rate from time to time, but at 4% for any period when the base rate is below 0%.
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What to do if you think an invoice is wrong. If you think an invoice is wrong please:
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Notify us in writing within 10 days of receipt of the invoice, specifying the reasons for disputing the invoice; and
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Pay all amounts not disputed on the due date as set out in clause 2.
- The parties will negotiate in good faith to attempt to resolve the dispute promptly.
- Our liability
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We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
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Losses for which we are not liable. We will under no circumstances be liable to you for you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill, or any indirect or consequential loss.
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Our total liability. Our total liability for all losses arising under or in connection with the Contract will under no circumstances exceed 100% of the costs of the Goods.
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Our warranties. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
- How we may use your personal information
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How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our Website.
- Events Outside Our Control
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We will not be liable due to an Event Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
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What happens when there is an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under in respect of the relevant Order will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
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When you can cancel due to an Event Outside Our Control. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
- Other important terms
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We take all reasonable care to ensure that recipe and additional nutritional information appearing on the Website are correct. The information appearing on our Website at any time may not reflect the exact position at the moment you place an order. Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe.
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Allergen Information. You should always read the product label to ensure you are aware of the ingredient list. This is especially important as regards to allergy or intolerance information. Allergen information can be found highlighted in the ingredients list on the back of pack.
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We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always notify you in writing if this happens.
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You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
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Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
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Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
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Which laws apply to this contract and where you may bring legal proceedings. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.