CHEF UP NORTH STANDARD TERMS & CONDITIONS OF SALE (“this agreement”)
In this Agreement,
the “Customer” means any person who places an Order with Chef Up North (either as a private consumer or as a business);
the “Goods” means any items sold or supplied by Chef Up North;
“Chef Up North” means Chef Up North of 161A New Road Side, Horsforth, Leeds LS18 4DR;
”Order” means any request or order to purchase the Goods, and;
the “Parties” refers to the Customer and Chef Up North
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Chef Up North Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Chef Up North. Chef Up North is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by the Customer does not in itself constitute acceptance by Chef Up North of the Order.
1.3 Chef Up North may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Chef Up North website or catalogue.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Chef Up North website at the time of the Order or the Chef Up North catalogue from which the Order is placed provided the catalogue is current at the time of the Order. Chef Up North reserves the right to substitute the Goods with newer versions or items of comparable or better quality.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Chef Up North may substitute the Goods with items of alternative colour, pattern or design with the Customer’s approval.
2.3 If any Goods are unavailable or out of stock then Chef Up North may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer’s approval.
2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the Chef Up North website at the time of the Order or the Chef Up North catalogue from which the Order is placed provided the catalogue is current.. Chef Up North reserves the right to update prices on the Chef Up North website or in future Chef Up North catalogues from time to time. Occasionally, prices advertised on the Chef Up North website may differ from prices advertised in the Chef Up North catalogue and Chef Up North is under no obligation to honour the price in the website if the Order is placed through the catalogue. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
3.2 Unless otherwise stated, all prices quoted include Value Added Tax (“VAT”). VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case Chef Up North shall be under no obligation to honour the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the Chef Up North website or catalogue.
3.5 Chef Up North reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
3.7 Chef Up North’s Price Match applies to any lower published price for a like-for-like product offered on the same terms in the UK. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as Chef Up North and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing. Chef Up North’s Price Match excludes comparing like-for-like products from companies within the Chef Up North group of companies.
4.1 Full delivery prices and options are listed on the Chef Up North website or catalogue and subject to change from time to time.
4.2 Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Chef Up North before 5.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day’ then delivery will usually be completed within 5 days.
4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time will vary depending on the delivery location.
4.4 Chef Up North will use reasonable endeavours to meet delivery estimates in all cases however Chef Up North cannot be held liable for any delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title shall not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Chef Up North shall not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Chef Up North to the Customer from time to time.
4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer’s sole risk.
5. Warranties and Returns
5.1 Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Chef Up North website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at Chef Up North’s discretion.
5.2 Goods that are damaged on delivery must be reported to Chef Up North within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by Chef Up North may be replaced, repaired, refunded or exchanged at Chef Up North ‘s discretion provided Chef Up North is informed in writing within 28 days. Certain Goods may be disposed of in accordance with Chef Up North safety instructions for replacement, refund or exchange with Chef Up North‘s prior approval.
5.3 The warranties in clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a ‘sale or return’ basis without prior express approval by Chef Up North.
5.4 Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEE regulations. Full details of Chef Up North ‘s WEE compliance policy are available on the Chef Up North website.
5.5 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
6.1 Chef Up North reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 Chef Up North reserves the right to terminate this Agreement in the event of the Customer being unable to pay its debts or becoming bankrupt or having a winding-up order made or appointing an Administrator, Liquidator, Receiver or similar.
6.3 Chef Up North reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Chef Up North’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 Chef Up North reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
7. Limitation of Liability
7.1 The Customer agrees that Chef Up North shall not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude Chef Up North ‘s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless confirmed as insured by Chef Up North on acceptance of the Order.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by Chef Up North may be subject to copyright (whether owned by Chef Up North or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Chef Up North harmless for any breach of said covenant.
9.1 This Agreement is governed by English law and the Parties shall be subject to the non-exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.