“OS” means Oriental Shop;
“Customer” means the person or company whom the order is received;
“Contract” means the contract between OS and the Customer;
“Goods” or “Order” means the goods and services provided by OS to the Customer;
“Fee” means the amount payable by the Customer to OS for the supply of the order.
- ACCEPTANCE OF TERMS AND CONDITIONS
2.1. Please note that these terms and conditions apply to all orders. Upon receipt of order(s) from the Customer, OS confirms that this constitutes the Customer acceptance to the Contract, regardless of any purported terms put forward by the Customer. These terms and conditions replace all others;
2.2. No variations to the terms and conditions shall be binding unless agreed in writing by an authorised representative of OS.
- SUPPLY OF GOODS AND CANCELLATION
3.1. Every effort is made to describe the goods as accurately as possible;
3.2. OS accepts no responsibility for any errors or miss-description of order and any losses as a result of this;
3.3. In the event that OS is unable to supply any of the good(s) for whatever reason. For the avoidance of doubt, OS will not be under any obligation to supply the good(s), which were unavailable at the time, nor shall OS be under any obligation to provide any substitute good(s);
3.4. The Customer shall be liable to pay in full any losses, (including loss of profits) damages, costs and expenses that OS incurs due to any cancellations.
- PRICE & PAYMENT TERMS
4.1.All prices for good are exclusive of any Value Added Tax or other applicable sales tax or duty, all of which shall be payable in addition.
4.2. Price(s) charged will be the price current at the time of delivery, OS reserve the right to amend the good(s)/price(s) without notice;
4.3. The Customer is required to pay OS in cash or cleared funds, prior or on delivery (unless prior arrangement of an approved credit account is authorised by OS)
4.4. If the Customer has an approved credit account, payment is due no later than the agreed days following the date on OS’s invoice.
4.5. If the Customer fails to pay OS in full on the due date then, without limiting any other right or remedy available to OS, OS may:
4.5.1. Suspend or cancel future deliveries;
4.5.2. Cancel any discount offered to the Customer;
4.5.3. Charge the buyer (both before and after any judgment) on the amount unpaid at the rate of 2 per cent per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
4.5.4. OS may withdraw, suspend or reduce the credit limit or bring forward the due date for payment at any time without notice.
4.5.5. OS shall be entitled to recover from the Customer all costs it incurs in recovering any outstanding amount from the Customer
4.5.6. OS reserves the right to amend delivery and collection fees at any time without notice.
- PAYMENT METHODS
5.1. Payment can be made by cash, cheque, bank transfer or card.
5.2. All payments made to OS are to be made in pound sterling.
5.3. Payment Charges
5.3.1. Should a cheque bounce, then an administration fee of £30.00 plus vat will be charged.
5.3.2. If the Customer should incur three bounced cheques within their trading history, then OS will no longer accept cheques as a form of payment from the Customer.
6.1. Notwithstanding delivery and the passing of risk in the Goods, or any other provision in these terms and conditions, the property in the Goods shall not pass to the Customer until OS has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by OS to the Customer for which payment is then due.
6.2. The Customer may use the Goods in the ordinary course of its business.
6.3. Until such time when the title of the goods is passed from OS to the Customer, OS may at any time require the Customer to deliver up the Goods to the OS and, if the Customer fails to do so immediately, enter on to any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
- WARRANTIES & LIABILITY
7.1. OS gives no warranty to the quality of the goods or fitness of any purpose.
7.2. OS must be notified of claims for discrepancies or defects within 24hrs of delivery in writing within seven days with full details and allow us to investigate.
7.3. If the goods are found to be defective and the Customer has complied with the conditions set out in clause 7.2 then OS will (at our option) repair the goods, replace the goods or refund the price.
7.4. OS shall not have any liability for any other loss or damage arising from the supply of goods or their use, even if OS are negligent for:
7.4.1. Any indirect or consequential losses, damages, costs or expenses;
7.4.2. Direct financial loss, loss of profits or loss of use;
7.4.3. Loss of revenue, good will, reputation and business.
8.1. Delivery dates given are estimates only and are not binding on OS. Time of delivery shall not be of the essence.
8.2. OS may deliver the order in instalments. Each instalment will be treated as a separate order.
8.3. OS may decline delivery if OS believes:
8.3.1. It will be unsafe, unlawful or reasonable difficult to do so.
8.3.2. The premises (or access) are unsuitable for our vehicles or members of staff.
8.4. The Customer shall insure that they are ready for safe receipt of the goods without undue delay at the time of the delivery.
8.5. Where delivery is not within the boundaries of the delivery address or zone and/or the aggregate of the order of goods is less than £50 then OS reserves the right to levy a charge for the delivery.
8.6. The Customer shall be required to sign and date the invoice and any other documentation required, upon delivery or collection of any Goods. The signing of documentation by the Customer shall be evidence that the goods have been delivered or collected.
- CANCELLATION CHARGES
9.1. OS can charge for all cancelled orders, work carried out up until the date cancellation is received in writing, together with any other additional cancellation charges if applicable.
- CLAIMS, RETURNS & REFUNDS
10.1. On inspecting the goods at the time of delivery or collection, you identify goods you do not want, you are free to decline any product for any reason (including the price).
10.2. Goods must be examined at time of collection, delivery. OS are not liable for any loss which may arise from any damage caused to goods whilst in transit, unless any damages are noted clearly at the time collection or at the time of the delivery on the delivery note.
10.3. On delivery, if someone else is signing for the goods on the Customer’s behalf, the Customer agrees to ensure that the nominated signatory checks the goods prior to acceptance. The Customer agrees to accept full responsibility for any loss or damage if the nominated signatory signs and fails to check the delivery. The Customer agrees to indemnify OS in full for any losses OS suffer as a result of the Customer accepting goods and signing a delivery note without checking the goods for carrier damage.
10.4. Any claims which arise regarding to the quality and/or quantities of goods, or damage caused in transit must be submitted in writing as to be received by OS within 24 hours of delivery of said goods.
10.5. Once a claim had been made, the client needs to supply photographic evidence of the issue within the 24 hours after notifying OS of the claim. This is to ensure the issue is rectified in a timely matter, so a justified refund can be given.
10.6. Unless of poor quality, faulty or handed to the driver at the time of delivery or collection, it is not possible to return baby food and milk, good which are liable to deteriorate or expire rapidly including frozen or perishable food, drink or flowers, CDs, DVDs, audio or visual software where the seal has been broken, newspapers and magazines. All fresh vegetables and frozen items are strictly non-returnable.
- INSOLVANCEY AND TERMINATION
11.1. Without limiting any other right or remedy available to OS, OS shall be entitled immediately to cancel or terminate any contract or order for the supply of Goods to the Customer by written notice to the Customer if:
11.1.1. The Customer commits any breach of any of the provisions of that contract or order;
11.1.2. An encumbrance takes possession or a receiver is appointed over any of the property or assets of the Customer.
11.1.3. The Customer makes any voluntary arrangement with its creditors or enters into administration;
11.1.4. The Customer enters into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganisation of a solvent company and in such manner that the company resulting from the reorganisation effectively agrees to be bound by or to assume the obligations on that other party under that contract or order);
11.1.5. The Customer ceases, or threatens to cease, to carry on business.
11.2. If any of the conditions set out in clause 9.1 apply then any fees owed to OS shall become immediately due.
- FORCE MAJEURE
12.1. Neither party shall be liable in damages or have the right to terminate any order or contract for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
12.2. Neither party shall be liable for any failure or delay in performance under any order or contract (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under any order or contract, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
13.1. All brochures, catalogues and other promotional materials should be treated as illustrative only. Their contents form not part of any contract between OS and the Customer.
13.2. Any typographical, clerical or other errors in any sales literature, quotation acceptance of offer invoice or any other documentation or any other information issued by OS shall be subject to correction without any liability on the part of OS.
13.3. Headings used in the Terms and Conditions are for convenience only and shall not affect their interpretation.
13.4. These terms and conditions shall be governed by and construed in accordance with the English law. The Customer hereby submits to the jurisdiction of the English courts. All dealing correspondence and contacts between parties shall be made or conducted in the English language.
14.1. Data received is held and processed in accordance with GDPR data protection principals’.
These terms and conditions was last checked and updated on 30/08/2020 and may change in the future with or without notice.