"These Conditions" The terms and conditions set out below
"The Buyer" The purchaser of Goods
"The Company" Two Counties Foods Limited, 2/4 East Market Building, Smithfield Market, London, EC1A 9PQ
"The Goods" Any and all of the goods ordered by the Buyer and/or supplied by the Company
2. Applications of these conditions
All quotations and price lists are given and all orders are accepted on these Conditions which shall override and exclude any other terms stipulated or incorporated or referred to by the Buyer (whether in the Buyer's order or elsewhere and whether reduced to writing or not) and any course of dealing established between the Company and the Buyer.
3. Conditions and Warranties
The goods are guaranteed to be of the nature, substance and quality described.
4. Payment - 28 days from invoice date
4.1 All Goods will be invoiced at the prices ruling at the date of order.
4.2 Interest shall be payable by the Buyer on any sum due but unpaid at the rate of 5% above the base rate of HSBC plc from time to time.
4.3 All payments must be made to the Company, not an individual.
4.4 Payments received by the Company shall be set first against any interest payable but unpaid and against the oldest outstanding invoice.
4.5 Two Counties Foods Limited reserve the right, immediately on despatch, to offset against the total debt owing to them whether due for payment or not, the value of any goods purchased from the Buyer.
5. Delivery and Liability
5.1 All delivery dates are estimates only and the time of the delivery shall not be of the essence. Should the Company be prevented from or hindered in delivering the Goods or any part thereof by reason of war, riot explosion, fire, flood, strike lock-out, acts or regulations of Government, shortage of materials or labour or any cause beyond the Company's control, the time for delivery shall be extended until the operation of the cause preventing or hindering delivery has ceased.
5.2 Should the Company be prevented in delivering part of the Goods by reason of any of the clauses specified in the preceding sub-clause the Company shall deliver and the Buyer shall take and pay for such part of the Goods as the Company shall be able to deliver in accordance with these conditions. The Company reserves the right to deliver the Goods by instalments, and to tender a separate invoice in respect of each instalment. Where the Goods are delivered by instalments, the Contract shall become severable and each instalment shall be deemed to be the subject of a separate contract. No default or failure by the Company in respect of any one or more instalments shall entitle the Buyer to treat the contract as repudiated or to claim damages.
5.3 In no circumstances shall the Company be liable to compensate the Buyer in damages or otherwise for late delivery or non-delivery of the Goods or any of them for any loss whether economic, consequential or otherwise arising therefrom.
5.4 No claim that the Goods or any of them are faulty or defective or lack quality or fitness shall be entertained unless made within (48 hours for fresh goods and 7 days for frozen goods) from delivery or collection.
5.5 Claim for loss or damage in transit cannot be considered unless notified in writing to the Company's carriers and the Company within three days of delivery. Notifications should give delivery note number, list the Goods damaged or short, and detail the damage. Damaged Goods accepted by the Buyer should be retained for inspection by the Company.
5.6 In cases of non-delivery of a consignment, claims cannot be considered unless notified in writing to the Company's carriers and the Company are similarly notified within forty-eight hours of the due delivery date.
5.7 Liability shall be limited to replacement of Goods actually damaged or lost in transit.
6. Title and Risk
6.1 Property in the Goods shall not pass to the Buyer until they are fully paid for, but the risk in the Goods shall be borne by the Buyer from the date of delivery by the Company or the Company's carrier to the Buyer.
6.2 In the event that the price for the Goods is not paid by the Buyer by the due date, the Company shall at its absolute discretion be at liberty either to recover the Goods or bring an action against the Buyer for the price of the Goods
6.3 The Buyer agrees that prior to the payment of the whole price of the Goods, the Company may enter upon the Buyers premises and remove the Goods therefrom and that prior to such payment the Buyer shall keep the Goods separate and identifiable for this purpose.
6.4 Without prejudice to the foregoing, the Company may bring an action against the Buyer for any such loss or damage suffered in consequence of the Buyer's failure to pay the price for the Goods.
7. Governing Law and Jurisdiction
7.1 The Contract shall in all respects be governed by and construed in accordance with English Law, and the Company and the Buyer shall submit to the exclusive jurisdiction of the English courts.
- We at Two Counties Foods take your privacy seriously. This policy covers the collection, processing and other use of personal data under the Data Protection Act 1998 (“DPA”) and the General Data Protection Regulations (“GDPR”).
- For the purpose of the DPA and GDPR we are the data controller and any enquiry regarding the collection or processing of your data should be addressed to Don Smith at our address 2/4 East Market Building, London Central Markets, Smithfield, London EC1A 9PQ.
- By using the Website you consent to this policy.
Information we collect
- We will collect personal data only if it is directly provided to us by you the user, e.g. your e-mail address, name, home or work address and telephone number, and therefore has been provided by you with your consent. Normally you will only provide such details if you [wish to sign up for our price listing or other resources, are making a purchase from us or a sale to us.
- We also use analytical and statistical tools that monitor details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data (but this data will not identify you personally).
Use of your information
- We may hold and process personal data that you provide to us in accordance with the DPA and GDPR.
- The information that we collect and store relating to you is primarily used to enable us to provide our services to you, and to meet our contractual commitments to you. In addition, we may use the information for the following purposes:
- To notify you about any changes such as improvements or service/product changes, that may affect our service as well as market information, and changes to food legislation;
- If you are an existing customer, we may contact you with information about goods and services similar to those that were the subject of a previous sale to you;
- Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you;
Disclosure of your information
- We may disclose your information to regulatory bodies to enable us to comply with the law and to assist fraud protection and minimise credit risk.
Controlling the use of your data
- If you have given us consent to use your data for a particular purpose you can revoke or vary that consent at any time. If you do not want us to use your data or want to vary the consent that you have provided you can write to us at the address detailed in clause 2 or email us at email@example.com at any time.
Where we store and transfer your data
- We do not use or disclose sensitive personal data, such as race, religion, or political affiliations.
- Otherwise, we will process, disclose or share your personal data only if required to do so by law or in the good faith belief that such action is necessary to comply with legal requirements or legal process served on us or the website.
- You have the right to opt out of our processing your personal data for marketing purposes by contacting us at firstname.lastname@example.org.
- The transmission of information via the Internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data while you are transmitting it to our site; any such transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
- The DPA and GDPR give you the right to access information held about you by us. Please write to us or contact us by email if you wish to request confirmation of what personal information we hold relating to you. You can write to us at the address detailed in clause 2, above, or by email to sales @twocountiesfoods.co.uk. There is no charge for requesting that we provide you with details of the personal data that we hold. We will provide this information within one month of your requesting the data.
- You have the right to change the permissions that you have given us in relation to how we may use your date. You also have the right to request that we cease using your data or that we delete all personal data records that we hold relating to you. You can exercise these rights at any time by writing to us at the address detailed in clause 2, above, or by email to email@example.com.
Changes to this policy
- We may update these policies to reflect changes to the website and customer feedback. Please regularly review these policies to be informed of how we are protecting your personal data.
Version: 1st Feb 2018]