Terms and Conditions of Sale

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View the terms and conditions of sale that all customers must adhere to

BUSINESS-TO-BUSINESS SALES 
 
Please read the following terms carefully before purchasing goods or services from ELMFINCH LIMITED.  
By purchasing goods from our organisation, you agree to these terms explicitly. 
 
Interpretation and Definitions 
In the terms below, the following definitions are to be applied: 
 
– Buyer: Any party that Elmfinch Limited contracts. 
– Contract: An event where Elmfinch Limited sells goods and/or provides services to a Buyer. 
– Elmfinch: ELMFINCH LIMITED, Company Number 15501701, Registered in England and Wales. 
– Services: Whole or part of services Elmfinch is to supply under the Contract. 
– Goods: The items provided by Elmfinch according to the Contract. 
 
Each purchase is treated by Elmfinch as an offer to buy Goods or Services according to the Terms and Conditions of Sale, and any variation from this must be agreed by Elmfinch in writing or is expressly rejected. Elmfinch is under no obligation to accept any order or offer, regardless of what stage of negotiation the Contract is in. 
 
 
Specification 
The role of the Buyer is described here: 
 
– The Buyer is to ensure all information provided to Elmfinch is accurate and timely for the Contract to be performed.  
– The Buyer holds all responsibility for ensuring the Goods or Services purchased comply with all legal requirements and standards. 
– Where the Buyer requests a Good or Service outside of the Elmfinch product range, they acknowledge that it may be purchased from a third-party supplier. In this instance, the Buyer is solely responsible for ensuring that the Goods or Services comply with all legal requirements. 
– The buyer understands that images, descriptions, samples, drawings, specifications, and advertisements of a product or service do not constitute part of the contract and are intended as general information only. Unless specifically agreed in writing, no information found on our website will form part of the Contract. 
 
 
Pricing 
Contract pricing is described here: 
 
– The price the Buyer will pay for Goods or Services is set in the Contract or Order. If no price has been set, the website price of the Goods or Services at the time of delivery shall apply.  
– Unless explicitly stated, Elmfinch is at liberty to increase prices as required until the point of dispatch, with the old Contract price being substituted.  
– Elmfinch may update the Contract price at any time to cover additional expenses incurred up to the point of dispatch, with the old contract price being substituted. 
– If Elmfinch accepts an order where a pricing error would be recognised as obvious, we may cancel the order and refund the Buyer, requesting the return of any Goods received or dispatched. 
 
 
Delivery 
Delivery terms are described here: 
 
– Unless agreed in writing by Elmfinch, we may deliver goods to the Buyer using the most convenient means available to us. 
– The address specified by the Buyer at the time of order is where the items will be delivered. Any amendments to this must be agreed in writing by Elmfinch before dispatch.  
– Elmfinch reserves the right to add reasonable charges to the Contract price, including expenses for transportation labor. 
– Off-loading is at the expense of the Buyer, who shall provide all necessary resources required. 
– The buyer shall provide all instructions, licenses, authorisations, and paperwork required for the complete delivery of the Goods or Services purchased. Elmfinch will not accept liability for delay or failure to deliver if the Buyer has not operated to the fullest extent of this clause or any other terms provided. 
– The dates provided in a Contract are to be treated as estimates of which Elmfinch aims to deliver within, and shall therefore not carry any liability if the estimated delivery date is not achieved, as this is not the essence of the contract. 
– Elmfinch reserves the right to withhold delivery until all sums of money due from the Buyer are received.  
– If the Buyer fails to take delivery, Elmfinch reserves the right to store the Goods at the cost of the Buyer until full delivery is completed (including storage and insurance fees). These costs will be due from the Buyer within 28 days of the demand for payment being made. 
– The limit of Elmfinch’s liability regarding all circumstances surrounding delivery will be replacing Goods within a reasonable time, or issuing credit notes for any Goods the Buyer has not received.  
 
Risk and Title 
– The risk of goods shall be passed to the Buyer upon delivery. 
– The title of goods shall be passed to the Buyer upon delivery and complete payment. 
 
Payment Terms 
Unless explicitly stated from Elmfinch to the Buyer, payment must be made before the release of goods. If the Buyer has a trade account with Elmfinch, payment of the invoice must be made no later than 30 days from the date of invoice. 
 
Failure to Pay 
If Elmfinch holds reasonable suspicion that the Buyer may not be able to pay their debts (Failure to make payment when due, terms and conditions of the contract are breached, there is a petition of the Buyer for Bankruptcy or Winding-Up), Elmfinch may cancel any future orders or deliveries, halt any goods in transit, and terminate any outstanding agreements for stocking after full payment of goods/services has been received. Damages for loss of this contract may be pursued. 
 
Limitation of Liability 
Elmfinch holds no liability for damage caused during transit, shortage, or loss of goods unless notified by the Buyer within seven days of the receipt of goods (or receipt of invoice for cases of total loss) – and in these instances, the liability is limited to the replacement or repair of these goods at the discretion of Elmfinch. 
Elmfinch will not be liable for the actions of any employees to the Buyer that constitute negligence or deliberate wrongdoing in the supply of goods or services and will not be liable for any losses suffered by the buyer from contract, breach, negligence, or misrepresentation. 
Elmfinch will only be liable for defective goods up to repairing or replacing the defective good within 21 days of delivery (or 1 year for defections non-evident upon inspection), and will only compensate the Buyer for direct loss or damage caused by description error, up to the price of the good. 
Elmfinch will honor guarantees provided by third-party manufacturers, so long as the Buyer also complies with the third-party manufacturer’s terms. 
If Elmfinch agrees to repair or replace a good it will be done with the timescale dictated by Elmfinch, and any contract surrounding this will be extended as necessary. 
These limitations of liability do not apply to death or personal injury caused by the negligence of Elmfinch, fraudulent misrepresentation, breach of implied obligations regarding title, or any other matter that cannot be legally excluded. 
 
Cancellations and Returns  
Elmfinch will allow cancellation of an order if the goods have no defect, however, the Buyer will need to cover all reasonable costs (including processing fees, except if the goods have been deemed defective by Elmfinch). 
The Buyer may not cancel without written consent for items sealed for hygiene once opened, goods mixed which would prove difficult to separate, non-website and specially purchased items, or goods with less than 180 days remaining before the “use by date”, or as notified by Elmfinch on a case by case basis. 
The Buyer can return goods and receive credit, refund, or replacement only if: Elmfinch is contacted directly for a returns reference code, returns are made within 30 days of delivery, in original condition and packaging ready for resale, adequately packed labeled and returned at the expense of the Buyer as instructed by Elmfinch, and the returns reference code is visible directly on the parcel. 
Elmfinch may cancel an order if the buyer does not make payment when due and fails to do so within 14 days of late payment notification, the Buyer provides inadequate information for a delivery to be made in a reasonable time, the Buyer does not allow Elmfinch to deliver goods or services in a reasonable time or denies access to the premises for delivery, or Elmfinch is unable to source the goods from its suppliers. 
If Elmfinch terminates a contract, any advance payment made from the Buyer for goods not received will be refunded. 
 
General Legal Disclaimers 
Elmfinch Limited complies with all laws related to trading within England and Wales, and as such the laws and courts of England and Wales will apply to any contract formed. The Buyer must comply with all laws related to bribery, corruption, money laundering, and any legislative requirements for the purpose the goods are procured for. The Buyer must ensure that none of its owners, officers, or directors have been convicted of anything described in this sub-section, and must disclose all sub-contractors or third parties involved in fulfilling contracts with Elmfinch. 
 
 
 
BUSINESS-TO-CONSUMER SALES 
 
Summary of Consumer Rights – Consumer Rights Act 2015 
The below applies only if the Buyer is considered a consumer (a person who is purchasing goods for personal use, and not business purposes).  
Elmfinch will supply goods that match the contract and are of satisfactory quality (This does not affect your consumer rights), which are as described, fit for purpose, and of satisfactory quality. 
If the goods are faulty within 30 days, consumers will get an immediate refund. If the goods cannot be repaired or replaced, the consumer in most cases will be entitled to a full refund. If the goods do not last a reasonable amount of time, the consumer may be entitled to some money back. 
If you would like more detailed information, you may visit the Citizens Advice website or call 0808 278 7939. 
 
Right to Cancel – Consumer Contracts Regulations 2013 
For most goods purchased on our website, the Buyer will have the legal right to cancel the order within 14 days and receive a full refund. 
 
Return Rejected Goods – Consumer 
If the consumer wishes to reject Goods you must return them to Elmfinch via post. Please contact Elmfinch using one of the provided methods to begin the returns process. 
 
Limitation of Liability – Consumer 
When the consumer is not acting on behalf of a business or is a business entity, Elmfinch will not limit its liability where it would be unlawful to do so. This includes not breaching the consumer’s legal rights as summarised in this Terms and Conditions of Sale Policy.