You must read these terms and conditions prior to trading with us. By using our services, websites or by placing an order for any of our products you are deemed to have read, understood and accepted these terms and conditions in full, which apply to in addition to any other terms and conditions specific to the product or service that is being ordered.
o Version: 1.01
o Effective from: 28th April 2019
General
1. We are Superior Meats By Atkins. In these terms & conditions (and elsewhere) we also call ourselves “Superior Meats, we, us”.
2. Our contact details are…
T:01293 304609
M:07926 828042
E:
3. We operate from: 1 Forders Cottage, Fernhill, Horley, RH6 9SZ
4. You must be over 18 years of age to order and pay for any product or service.
What We Do
6. We provide food products. We may also display other related products via our website which you may offer to purchase subject to availability and compliance with these Terms and Conditions.
7. We accept payment via electronic transfer in accordance with clause 14-18 below.
8. You may return any unwanted physical goods in accordance with the terms of clauses 19-21 below. The refund amount will either be paid into your nominated bank account or a cheque will be issued and sent via recorded delivery to your billing address.
Order Process – Delivery
9. We will arrange delivery of the product(s) you have ordered to the address you have provided. Delivery is only throughout the Mainland UK.
10. Estimates of time of delivery and service availability are available on our website.
11. Whilst we make every effort to deliver goods and / or services within the estimated timetable given, delays may occur due to unforeseen circumstances. In the event of such a delay, we shall be under no liability for any delay or failure to deliver the products within the estimated timetable.
12. Our delivery services may be subject to disruption and may become unavailable for short periods. Whilst we make every effort to ensure that our delivery services are always available it may be necessary to remove / delay them for reasons such as congestion, maintenance, equipment failure, etc.
In the event of such an interruption to our service we will endeavour to return the affected services to an operational state as soon as we can. By using our services you agree that…
1. We have no liability to you or the organisation that you represent for loss of income, reputational damage or loss of business as a result of disruption to our services regardless of the cause(s) of the disruption.
1. You agree that you or anyone associated with you or your organisation will not make a claim against Superior Meats by Atkins for damages however sustained arising from or relating to matters of service availability and disruption.
13. Risk of loss and damage of products passes to you on the date when the products are delivered or, should a delivery attempt be unsuccessful, on the date of the first attempted delivery by us.
Payment
14. We accept payment via BACS transfer. We take payment for the product(s) at the time stipulated within the credit agreement. For monthly accounts, a statement will be sent on the last working day of the month. Payment should be made no later than the third working day following.
15. Should the product you have ordered be unavailable we will inform you by telephone as soon as possible.
16. The price of the product(s) you order is agreed and notified by the sales team. A written quotation will be emailed to the address provided.
17. Ownership of the physical product(s) will pass to you following completed delivery and payment in full of the order price and any other outstanding amounts owed to us by you at that time (unless a term of credit is agreed prior).
18. All prices are shown and payable in £ sterling and are inclusive of VAT (where applicable) and do not include delivery charges, unless expressly stated to the contrary.
Returns/Cancellations
19. All returns must be notified to the office by 5pm on day of delivery. All returns must be in the same condition and stored at under 4 degrees Celsius. All returns and credits are at the discretion of Superior Meats by Atkins.
20. Whilst great care is taken to ensure all sizes and measurements stated on the website are as accurate as possible they are approximate.
21. The product you receive may differ slightly from the image on screen i.e. with regard to colour or specification. If you are not satisfied with the product you receive you can return it in accordance with clause 19.
Intellectual Property
22. By agreeing to these Terms and Conditions you:-
1. acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and / or content made available to you as part of your use of our website, products or services remains at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
1. are deemed to acknowledge and agree that the material and content contained within this website or distributed to you by us is made available for use within the organisation specified in the original order and that you may only download such material and content for the purpose for which it was made available to you.
1. further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to copy, (and agree not to assist or facilitate any third party to copy) reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Our Liability
23. We promise to exercise reasonable care and skill in complying with these Terms and Conditions and accept full liability for any personal injury or death caused by breach of these terms and conditions through negligence or fraudulent misrepresentation.
24. Whilst we will use our best endeavours to ensure the content of the website is accurate we accept no liability, express or implied, with regard to its content or any loss sustained as a result of a reliance thereon.
25. We will not be liable for any of the following in contract, tort or with regard to pre-contract representations (other than where shown to be fraudulent or negligent) other than as stated in clause 39:
1. economic loses e.g. loss of profits, revenue or contracts
1. loss of reputation or goodwill
1. special or indirect losses
26. Whilst we will use our best endeavours to ensure the information you provide us with in respect of your personal and payment details and those regarding your order remain secure and confidential, we will not be liable for any loss sustained as a result of the information being viewed by a third party, unless we are shown to have been negligent.
27. Other than as stated in clause 23, our aggregate liability in respect of any breach of these terms and conditions, and any resultant loss thereof, is limited to an amount of money equivalent to the price you paid for the product purchased to which the breach relates.
28. Nothing in these terms and conditions affect your statutory rights and nothing in clauses 23-28 affect your right of cancellation under clause 15.
Miscellaneous
45. We will not be liable for any loss sustained, other than as stated in clause 27 where the products are used other than intended by us under this clause, including where not fit for business purposes.
46. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order to any third party unless agreed in writing beforehand by a director of Superior Meats by Atkins.
47. We reserve the right to transfer, assign, novate or sub-contract the whole or any part of any of our rights or obligations under these terms and conditions or any related order to any third party.
48. If any clause, sub-clause or section of these terms and conditions is held to be invalid or unenforceable in whole or in part by any relevant authority, the validity or enforceability of any and all other clauses, sub-clauses and sections of these terms and conditions will remain unaffected.
49. A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
50. Any delay or failure by us to enforce any rights or exercise any powers under these terms and conditions will not waive any of those rights or powers in respect of any clause, sub-clause or section herein and no single or partial exercise of any such powers or rights will prevent any further exercise of them. To be effective any such waiver must be given in writing by a director of Superior Meats by Atkins.
51. If you are not the principal / customer, in agreeing to trade with us you are deemed to have confirmed that you have authority to bind any business, company or organisation on whose behalf you use our products, services and websites.
52. These terms and conditions and any dispute arising therein will be governed by English law and any such dispute will be resolved within the jurisdiction of the English courts. English is the only language offered in resolving any such dispute.
We care about privacy & confidentiality. Review our policies: Confidential Information Policy, Privacy Policy
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect as of the date they are posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.