Standard Terms & Conditions of Sale
Terms & Conditions The Taste of Argan Oil
The Taste of Argan Oil ("The Seller") shall be entitled to amend at any time in its absolute discretion the terms and conditions by posting them on this website in amended form with a note of the date when such amendments shall take effect. The customer’s use of the website after the date any amendments shall take effect shall be construed as their acceptance to such amendments.
Price and other information provided are subject to change without notice. While every effort is made to keep information provided by The Seller up to date, The Seller will not be liable to you or anyone else if errors should occur in information provided on this website.
Prices of products do not include freight and packaging, VAT or import duties where these are applicable. All orders are subject to availability.
No UK VAT is chargeable on pure oils as food items or for external use for sales within the UK.
The following information is required to process an order:
- Purchase Order Number (unless paying by credit card);
- Name, phone number and email address or fax number of the purchasing officer and the complete shipping and invoicing address;
- Name, phone number and email address of the customer–if possible;
- VAT number for countries within the European Union. If not VAT registered or no valid VAT number is provided, The Seller will charge the UK VAT rate on the order.
Upon receipt of an order The Seller will confirm receipt.
Confirmation of receipt will include confirmation of (i) delivery costs, (ii) arrangements for delivery, and (iii) expected delivery time.
However, formal acceptance of the order will only take place when the goods are despatched.
CONDITIONS OF SALE
In these Conditions:
“Company” shall mean Pascal Neumann trading as The Taste of Argan Oil, whose registered business address is at Moor Court Farm, Upper Pendock, WR13 6JW, United Kingdom.
"The Purchaser" shall mean the private individual, company, or institution to whom Products are supplied by the Company.
"Products" shall mean products manufactured or offered by the Company.
“User” shall mean the person or persons employed by or engaged at the premises of the Purchaser who advise, requisition or otherwise authorise the purchase of the Products.
2.1 All orders are accepted and all contracts are entered into by the Company for the supply and sale of Products subject to these Terms and Conditions. Any Terms and Conditions stipulated by the Purchaser are hereby negated and excluded (unless otherwise expressly agreed in writing by the Company). The contract between the Company and the Purchaser is constituted by the Company's acceptance whether by the Company's form of acknowledgement of the Purchaser's order or by the dispatch by the Company of the Products and no contractual obligation binding upon the Company shall arise until such acceptance. The Purchaser hereby accepts that so far as any Terms or Conditions which may be contained in any written order of the Purchaser are inconsistent with these Conditions they shall not be so accepted by the Company and shall be deemed severable and shall be severed from any order without affecting the validity of the remaining Terms and Conditions of the order.
2.2 These Conditions constitute the entire agreement between the Company and the Purchaser relating to the Products and unless expressly stated in these Conditions, all conditions and warranties whether express or implied, by statute, course of dealing or otherwise are hereby excluded to the extent permitted by law. No servant or agent of the Company has authority to vary these Conditions orally or to make any representations whatsoever concerning the Products. Any information concerning the Products (including prices) contained in any catalogue, price list, publicity material or data sheet is an indication only and no such information shall be binding upon the Company.
3.1 The price of the Products is inclusive of Value Added Tax (VAT) or any similar tax thereto which shall be charged at the rate in force as at the date of invoice.
3.2 Notwithstanding any acceptance of any order placed by the Purchaser, by the Company the price of Products shall be subject to variation as at date of delivery provided always that in the event of any increase in price after the date of such acceptance, the Company shall notify the Purchaser and shall not effect delivery of the Product until confirmation of the order at any such increased prices shall have been received from the Purchaser.
3.3 The Company reserves the right to alter all Product description and pricing without notice.
4.1 Unless paid by credit card and using the online payment gateways, registered business customers with an approved business account are granted payment terms of 30 days net, ex works. Business customers are required to pay any bank charges that are incurred in making the payment by bank transfer. Full payment instructions are set out on the invoice. Shipping, packaging and insurance are to be paid by the customer. Without prejudice to its other rights in connection with late payment, the Company reserves the right to charge an administration fee of £20.00 and interest at the Bank of England base rate plus 8% on the outstanding invoice value if full payment is not received within the 30 day period. Such late payment charges will be levied from the first working day following the expiry of the 30 days period and at 30 day intervals thereafter. Such interest shall accrue on a daily basis and be compounded quarterly. The Company further reserves the right to suspend deliveries to the Purchaser and/or terminate the contract without cost in the event of any failure by the Purchaser to comply with these Conditions.
4.2 The Purchaser shall not be entitled to make any deduction from the price in respect of any set off or counter claim unless both the validity and the amount thereof shall have been admitted by the Company in writing.
5.1 Unless otherwise expressly agreed in writing, the price of the Products is exclusive of the costs of delivery. The Company will package the Products in a suitable manner for dispatch to such destination as may be designated by the Purchaser and (unless otherwise agreed in writing) shall dispatch such goods by reputable international courier or by first class mail or by other means at the Company's discretion. All costs of delivery to be added to the price of the Products as at the date of invoice.
In respect of deliveries outside the United Kingdom and the EU the Purchaser shall be responsible for any import taxes or customs duties in respect of the Products.
5.2 The Company shall not be liable in respect of any damage to or discrepancy, shortage or loss in transit or any claim that the Products as delivered do otherwise not comply with the contract unless the following conditions are satisfied:
(I) The Purchaser shall inform the Company in writing:
(a) within fourteen (14) days of receipt in the event of any damage, discrepancy or shortage or in the event that the Products as delivered do not comply with the contract, or
(b) within ten (10) days of receipt of the Company's invoice in the event of total loss or non-receipt of the Products.
(II) The Purchaser shall comply with any requirements of the appropriate delivery service in respect of any damage, discrepancy, shortage or loss.
6. RETENTION OF TITLE
Until the Company has been paid in full for the Products comprised in this contract the Purchaser:
(I) Title to the Products shall remain with the Company and the Purchaser shall store the Products in such a manner that they are clearly identifiable as the property of the Company; and
(II) the Company reserves the right of disposal of the Products and may retake possession thereof at any time and for that purpose may by its servants or agents enter upon any land or premises occupied by the Purchaser; and
(III) the Purchaser shall be at liberty to sell the Products in the normal course of its business provided that any monies so received are held separately on behalf of the Company to whom the Purchaser has a fiduciary duty to account for such monies to the extent of its indebtedness.
Notwithstanding the foregoing, risk in the Products will pass to the Purchaser upon dispatch.
A signature of the Purchaser the User or other employee servant or agent of the Purchaser obtained by the representative of the delivery agent shall be taken to be proof of delivery to the destination as designated by the Purchaser.
7.1 The Company shall not be liable for any loss or damage to the Purchaser and/or any customer of the Purchaser arising from any variation in or from any specifications, data sheets or other technical data of the Products supplied by the Company to the Purchaser and will not be responsible for any loss or damage which may result to the Purchaser from any temporary curtailment or cessation of supplies of the Products following any such variations.
7.2 All Products are offered for sale by the Company subject to availability and, notwithstanding any acceptance by the Company, the Company shall not be liable in any manner whatsoever to the Purchaser in the event that it is unable to supply the Products ordered by the Purchaser.
8. LOCAL LAWS AND REGULATIONS
The Purchaser shall if so requested by the Company assist the Company to the best of its ability to obtain any necessary information concerning local laws and regulations applicable to the contract.
9. LIMITED LIABILITY
9.1 The Company does not warrant that the Products are suitable for any purpose of the Purchaser, whether or not such purpose has been notified to the Company and the Purchaser hereby undertakes to indemnify the Company against any claim which may be made against it by any third party arising from the use or sale of the Products by the Purchaser.
9.2 The Company shall be under no liability whatsoever (including without prejudice to the generality of the foregoing any liability in tort or for consequential loss or damage of any kind) for any defect in, failure of or unsuitability for any purpose of any Products supplied by the Company to the Purchaser except to the extent that exclusion is prevented by law and the Purchaser hereby accepts and acknowledges such exclusion of liability.
9.3 The Company will not be liable for any professional advice it may offer in relation to the use of the products nor any claims or applications not listed in the literature or the misuse of products which will include using the products for diagnostic, therapeutic or in vivo use in human subjects. The Company cannot provide a guarantee for all applications for which a specific Product may be used.
9.4 Nothing contained in this agreement shall exclude or limit or purport to exclude or limit the liability of the Company in respect of any death or personal injury caused by its negligence, if proved.
9.5 The Company gives no warranty as to the fitness of the Product for any particular purpose and any implied warranty or condition (statutory or otherwise) is excluded except to the extent that exclusion is prevented by law.
10. ORDER PROCESS, RETURNS AND CANCELLATIONS
10.1. Your Order
10.1.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
10.1.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
10.1.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
10.1.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
10.1.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
10.1.6 All orders received by us are shipped subject to availability. Usual delivery time is 3 business days.
10.1.7 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
10.1.8 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or Fulfilment Company or a full refund.
10.2 Cancellation Rights, Returns and Refunds
10.2.1 Under the Consumer Protection (Distance Selling) Regulations 2000 the Purchaser has a right to cancel the purchase. However, to exercise this right you must notify the Company in writing, (email or letter) within 7 working days from the day after you receive your goods.
10.2.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
10.2.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once the Purchaser have used the Product, unless the Product is defective and the Purchaser are returning it for this reason.
10.2.4 If the Purchaser is returning the Product because it is defective, the Purchaser shall state the defect.
10.2.5 Repackage the product in its original or equivalent packaging necessary to protect it from damage.
10.2.6 The Purchaser is responsible for paying any postage or shipping costs incurred when returning the product.
10.2.7 The Company advises the Purchaser that any returns shall be sent by registered post, so that a record of the return is available.
10.2.8 The Company will not issue refunds for Products lost or stolen in transit to the Company.
10.2.9 If the Purchaser fails to return a Product, the Company will may make arrangements to have the Product collected with the costs of this collection to be charged back to the Purchaser.
10.2.10 Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.
10.2.11 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
10.2.12 The Company will refund the cost of standard or recorded postage incurred returning a Product, if incorrectly sent by the Company or where the Product has been returned due to a defect. No refund of any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery will be offered by the Company.
10.3. Customer Complaints
The Company will endeavour to respond to all customer complaints or queries within five working days.
10.4. Faulty Products
Purchasers, who experience a fault with a Product purchased from the Company can return this to the Company subject to the Company's returns policy.
11.1 These Conditions and any contract between the Company and the Purchaser are governed by English Law and the Purchaser hereby agrees to submit to the jurisdiction of the English Courts in connection with any dispute concerning the contents hereof.
11.2 No forbearance, delay or indulgence by the Company in enforcing any of the Terms and Conditions of the contract shall prejudice the Company's right to insist upon strict compliance therewith nor shall the same constitute any waiver or estoppel.
11.3 Any provision hereof which is void or unenforceable in any applicable jurisdiction shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provisions hereof.
11.4 Information contained in these Conditions and in any other written material provided by the Company to the Purchaser and User is believed to be accurate and is given in good faith, but it is for the User to satisfy itself of the suitability of the Product for its own particular purpose.
11.5 A person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Terms and Conditions for Use of the Website
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
Use of website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links to and from other websites
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
The Taste of Argan Oil, September 2016