These Terms and Conditions govern the supply of goods sold by What's Cooking!, 12 Millers Walk, Fakenham, Norfolk, NR21 9AP (“we” and “us”) to the customer (“you”) these constitute the entire and only agreement between us in relation thereto. All orders placed are subject to acceptance by delivery of the goods to you at which point a legally binding contract is constituted between us on these Terms and Conditions.
Price & Payment
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order or, plus any charges for carriage as set out in the order form. We reserve the right to change the price of goods, due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.2 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.3 Subject to clause 2.4, we must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.
2.4 If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over the current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs.
Delivery & Title
We will deliver them in accordance with your order. A valid signature will be required on collection or delivery. Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you.
While we endeavor to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted equivalent product, or refund you the price paid for such goods.
We will accept items for return within 30 days from the date goods are delivered, providing; the goods are still in the original packaging, and in a re-sellable condition. It is your responsibility to cover the cost of returning items to us. A full credit will be issued, for the value of the returned goods only, once the above criteria have been met. Alternatively, replacement goods can be issued free of charge of an alternative size/style, if required (subject to clause 4), but again you are responsible to cover the costs of any associated carriage and re-stocking charges.
If you have notified us of a problem with the goods within 7 days of delivery, we will (subject to clause 4) either rectify any shortage or non-delivery; replace/repair any goods that are damaged or defective upon delivery. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Limited Companies - Guarantee
Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
We reserve the right to suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.