PackMyFood.co.uk Terms and Conditions
Please read the following terms and conditions before using packmyfood.co.uk. All users of this site agree that access to and uses of this site are subject to the following terms and conditions and other applicable law.
Terms and Conditions:
Definitions
In these conditions, except where the context otherwise requires, the following words shall have the meanings:
“The Buyer” means the person, firm or company with whom or with which the company contracts subject to these conditions.
“The Company” means Polymer (UK) Ltd (Trading as Packmyfood) whose registered office is Heron House, 2nd Floor, 109 Wembley Hill Road, Wembley, HA9 8DA.
“The Contract” means the contract made, or to be made between the Company and the Buyer subject to these conditions.
“The Goods” means the articles, products and all things, if any, including samples where relevant, the subject matter of this Contract.
These conditions may not be modified or varied unless the Company agrees in writing and the Company shall not be deemed to accept any other conditions, even if placed in a purchase order or any other communication from the Buyer. All orders are subject to these conditions and the placing of an order shall be considered as acceptance of these conditions.
Price and Ordering
The price payable for the goods is the price shown on the web site at the time the Customer places their order.
Receiving confirmation of an order by customer this is to indicate that the Company have received the Customer's order. It does not indicate that a contract exists between the Customer and the Company. Acceptance will occur when we dispatch the goods to you. The Company have included this term to protect against a mistake in pricing, where the Company has inadvertently under-priced or over-priced goods, or the Company are no longer able to supply a particular product for some reason.
In the case of a change of price, the Company will always contact the Customer first to ensure that the price is acceptable.
If the product is no longer available the Company will seek to offer the Customer a suitable alternative.
In the event that items are not in stock and are not available the Customer will be given the option to cancel the order. If the Customer cancels the order they will not be charged. Goods can be back ordered.
We try our best to make sure all pricing and descriptions of our products are correct, in an event that a price or descriptions is incorrect we withhold the right to not sell the product or service.
The Company accepts all major credit cards; we also accept PayPal as a valid method of payment.
The company uses many manufacturers and suppliers, we cannot be held responsible for delays in service to our company, nor product changes which we have not be notified about, for example changes of colour of any product.
To use discounts and voucher codes, all customers who use our discounts and discount voucher codes, much be a registered member of the website to be able to receive or enter a discount voucher code. The company holds the right to refuse any discount code or withdraw its discounts and discount codes at any time.
Cancelling Rights
Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right in writing and it is received by us within 7 working days of receipt of order. All goods must be returned by the customer at their expense.
The Customer must notify the Company in writing by telephone or email within 7 working days of delivery.
The Customer will bear the cost of returning the goods to the Company unless the goods are being returned because they are defective, in which case the Company will arrange for the goods to be collected by their nominated carrier. All customers are obliged to retain possession of goods and take reasonable care of them.
Please note that if you wish to cancel your order once dispatched, this is only possible in accordance with the procedure given here. Simply refusing delivery of your parcel is not in accordance with these terms and conditions.
On receipt of the goods by the Company the Customer will receive a credit, exchange or refund to the total value of goods returned subject to the goods being returned in an unspoilt, saleable condition. Refunds take 4-7 working days to be processed.
Liability
Any defect in the quality, quantity and condition of the goods should be notified by the Customer to the Company, on receipt of the goods and the delivery should be signed for as damaged and the Company contacted immediately. Simply signing unchecked is insufficient. If the Customer does not notify the Company and just refuses the delivery the Company will not accept liability for such defect and the Customer will required to pay for the goods in full as if delivered.
The Company will inspect the goods returned and if the defect is identified, the Customer will be given the option of replacement at no additional cost or a full refund of the price of the goods. The Company will have no further liability to the Customer. Refunds take 4-7 working days to be processed.
The Company will inspect the goods returned and if no defect is identified the goods will be returned to the Customer at the Customer's cost.
The Company under no circumstances will be liable to the Customer for any loss of profits, additional costs, indirect or consequential loss or damage arising out of any defect in goods supplied. The Company's liability will be restricted to the value of goods returned found to be defective on inspection. This does not affect your statutory rights as a consumer or the Company's liability to the Customer for fraudulent misrepresentation or for death or injury resulting from the Company's negligence.
Disclaimer of Photos
The photos on this web site are provided to assist you in choosing the right product. These photos are meant to be samples only and are not intended to provide a perfect match to the actual product. Colours and photo size may vary based upon your screen resolution and other computer settings outside of the company’s control. The photo may differ from the actual product due to reproduction limitations of the photograph and limitations of viewing photos at different resolutions, hue, brightness, contrast, and other screen variations.
Therefore, the company shall not be held responsible for any variation between the photos on this website and the actual product you receive, including but not limited to: Colour variation, grain variation, colour change, and character variation.
Delivery Terms & Conditions
Where stock is available the Company will deliver the Customers order in accordance with the delivery schedule set out below. Refer to Back Orders where stock is not available.
All delivery dates are estimates only and the Company cannot be held liable for any delay in delivery of the goods howsoever caused.
Time for delivery shall not be fundamental to the contract unless otherwise agreed by the seller in writing.
The seller reserves the right to deliver up to 10% more or 10% less than the quantity of goods ordered as proper performance of the contract and any surplus or deficiency shall be charged or allowed at the contract rate.
Where the goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the seller to deliver any one or more of the instalments shall not entitle the buyer to treat the contract as a whole as repudiated.
If the buyer fails to take delivery of the goods or fails to give the seller adequate delivery instructions then, without prejudice to any other remedy available to the seller, the seller may: (1) store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage or (2) after one month from the due delivery date sell the goods at the best price readily available and (after deducting all reasonable storage and selling expenses) charge the buyer for any shortfall below the price.
We contract a Third Party for deliveries, although we endeavour to achieve our 1-3 day delivery service we cannot be held responsible for hub depot break downs, vehicle breakdowns, extreme weather conditions acts of malicious or terrorist incidents or any unforeseen occurrences that delay or curtail your delivery. (Please order in plenty of time for vital deliveries) accidents do happen rarely. Our Third party deliveries are contracted only to deliver to customer’s threshold (door) not to where the customer may want goods put. Any order refused because driver will not carry item to a specific area other than threshold will not be accepted and will be liable for return postage and incur a £25 administration fee as the delivery company has fulfilled their contract you have broken yours by not accepting delivery. Any parcel delivered that in your opinion appears damaged parcel must be signed for as damaged, do not sign parcels as unchecked no claims for damages can be claimed at later date. Please report any problems with your order within 48 hours of receipt.
Title To Goods
Title to the goods will only pass to the Customer on receipt of payment in full of the price of the goods including all relevant taxes and delivery costs. The company reserves the right to repossess goods in the Customer's possession if payment is not made in full.
Until such time as legal title in the goods passes to the Buyer, it shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected, insured with a reputable company and identified as the Company’s property. Until legal title passes the Buyer shall be entitled to resell or use the goods in the ordinary course of its business but shall forthwith account to the Company for the proceeds (of whatever nature) of disposal of the goods.
All sketches, origination work, dies, cutting tools, typesetting, artwork, film, positives, negatives, transparencies and printing plates remain the property of the Seller unless written arrangements are made to the contrary.
Returns
Should you wish to return an item please first contact head office for authorization. Returns should be posted back at the customer’s expense. Where items are being returned we insist that they are returned unopened and unused and in their own original packaging. Goods must be returned in full pack quantities. We cannot offer any refunds if a partial pack quantity is returned.
Once items arrive back at our warehouse, we will inspect the product and upon acceptance, then issue a refund accordingly.
We are unable to refund carriage charges due to incurred costs as soon as the goods are dispatched from our store.
If your order includes a small order charge, this will not be included as part of the refund.
Please make sure you get a receipt from the post office or delivery service when you return an item in case of damage or loss.
Should you need to return an item that was incorrect due to an error on our side, we will arrange collection and a full refund will be issued.
Back Orders
If the items the Customer is ordering are not in stock, the Company will dispatch when back in stock, the Customer will be quoted an estimated delivery date or offered a suitable alternative if the item is no longer available. The Customer will always be emailed with the option to cancel their order if they do not accept the new delivery date or the alternative item offered is not acceptable.
Tax Charges
Please note prices quoted exclude VAT.
Warranty
(a) The Company’s liability in respect of goods manufactured and supplied by it shall be limited to replacement of any goods developing defects whilst in normal use where such defects are due to faulty design, materials or workmanship and occur and are notified to the Company in writing by the Buyer within 14 days of the Buyer taking possession of the Goods; and
(b) At the Company’s discretion, any goods alleged to be defective shall be returned at the Buyer’s expense to the Company’s works for inspection; and
(c) For factored goods (i.e. those Goods supplied to the Company by other manufacturers) the Company’s liability is limited to giving the Buyer the benefit of any guarantee or warranty given by the manufacturer of those goods; and
(d) The Company, its employees and its agents shall be under no further liability for any injury, loss or damage of any kind whatsoever or howsoever arising whether direct or consequential. The Buyer agrees to keep the Company indemnified against any third party claims howsoever arising; and
(e) All conditions and warranties expressed or implied by statute, custom, common law, or trade practice are hereby expressly excluded to the extent allowable by law.
Specifications & Customized Packaging
(a) If Goods are supplied in accordance with the Buyer’s specifications (“the Specifications”) the Buyer shall be solely responsible for the Specifications and ensuring that they are accurate and that the Buyer and the Company are entitled to use such Specifications without incurring any liability to any third party. Examples of these include special printed products or products made to a non-standard size required by a customer.
(b) The Buyer shall be responsible for supplying the Specifications in sufficient time to enable the Company to perform the Contract in accordance with its terms.
(c) If the Specifications include the use of any intellectual property the Buyer warrants that it is the owner of the intellectual property in the Specifications and the use of such intellectual property by the Company will not infringe any third party rights. The Buyer hereby indemnified the Company against all and any loss, damages, costs, expenses and any other liability which the Company may incur to a third party arising out of the Company’s use, at the Buyer’s instructions, of the Specifications.
(d) The Specifications and designs of the Company which without prejudice to the generality of the foregoing shall include illustrations, drawings, other descriptive and forwarding specifications, weights, dimensions and product prototypes are, unless expressly stated to be otherwise, subject to modification or improvement and must be regarded as approximate representations only and are not binding in detail unless expressly stated to be so and such title and copyright in the Specifications submitted by the Company shall remain vested in the Company.
(e) The Buyer agrees that it shall not disclose to any third party any of the information relating to the Company’s Specifications without the prior written consent of the company or the party in whom title and copyright in the Specifications is vested.
(f) The buyer is solely responsible for all costs related to any custom packaging supplied to them by the company; these products must be paid for in advance and are, unless defective from manufacturer, not available to be returned.
(g) The company is unable to store any non-standard, i.e. any custom printed packaging, the customer is expected to take delivery of their product within 1 week of receipt of the items to the company. Storage charges will then be added should the customer not take delivery within the specified time frame. For larger print orders, other delivery requirements may apply and will be stated prior to ordering.
(f) Proofs will be supplied to the buyer & the company will not be held responsible should there be any errors that have been accepted by the buyer.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of the company. The collective work includes works that are licensed to the company Copyright 2018, Polymer (UK) LTD, TA/ Packmyfood ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Packmyfood or purchasing Packmyfood products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Packmyfood or to purchase Packmyfood products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Packmyfood. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All drawings, descriptions and other information submitted by the Company shall remain the property of the Company together with the copyright therein. In addition:
(a) All sketches and original work remain the property of the Company.
(b) No responsibility will be accepted by the Company for any errors arising from proofs which have been approved by the Buyer.
(c) The Buyer shall be solely responsible for any matter which they instruct the company to print on the Goods.
Limitation of Liability
The company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if the company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you
Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, the company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the company shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Packmyfood without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Packmyfood may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Packmyfood.
Force Majeure
No liability will be accepted by the Company for any failure of or delay in performance which is due wholly or partially to Act of God, war, fire, explosion, riot, civil commotion, restriction by Government or other competent authority, strikes, lock outs, failure in supplies of new material or to any cause whatsoever
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Packmyfood or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless Packmyfood, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Governing Law and Jurisdiction
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 jurisdiction of the English Courts.
