Terms & Conditions

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SYLVESTER-KEAL LTD. TERMS AND CONDITIONS

INTRODUCTION
These terms and conditions set out the basis upon which Sylvester Keal Ltd.(company number 3592899) of Westside Business Park,Estate Road No 2,Sth Humberside Industrial Estate, Grimsby, North East Lincolnshire DN31 2TG will supply goods via our website www.skcateringsupplies.co.uk to the customer named on the order form completed on the Site and upon which you may access and use the Site.
Please read these Terms carefully before using the Site or ordering any product from us. Together with the completed order form and frequently asked questions these Terms form the entire and only agreement between you, the customer and us to the exclusion of all other terms or conditions. Sylvester Keal acceptance of your order by delivery to you of the goods ordered constitutes a legally binding contract between us. By accessing or using the Site or ordering any product from Sylvester Keal you (meaning yourself and any company or other entity or business for whom you work or otherwise represent) agree to be legally bound by these Terms as they may be modified and posted on the Site from time to time. If you do not agree to the Terms (or are not authorised to do so) you should not use, access or order from the Site. We recommend you print the terms and keep them for future reference.

1 PLACING AN ORDER

1.a
We reserve the absolute right to substitute, suspend, withdraw or discontinue without notice any product on or aspect of the Site including these Terms and we further reserve the right to refuse to accept any order or to supply any goods entirely at our discretion.

1.b
When an order is placed we will automatically sent you an email to acknowledge receipt of the order. This is not an order confirmation or acceptance of your order by us. No order shall be deemed to have been accepted until you have received confirmation from us by e-mail or telephone that your order has been accepted and no contract formed until we have received full payment in cleared funds.

1.c
Acceptance of your order and completion of the contract between you and us will take place on the despatch by us to you of the goods ordered unless we have notified you that we do not accept your order or you have previously cancelled it.

2 CANCELLATION OF ORDERS

2.a
You have a legal right to cancel your order for any goods purchased via the Site at any time up to 5 days after receipt of your goods for a full refund, excluding the cost of return postage, and/or a restocking charge as imposed by our suppliers, provided you have kept the goods as new until received by us.Please contact us by telephone or email so we can arrange the uplift for you.

2.b
To cancel an order you should email or write to us at the address below no later than 7 days after  delivery of your goods, quoting your order number.

2.c
Orders for goods, which are non-stocked, or “Special Order items” whether written or verbal will be highlighted on the order as Special Order Items. We will send you an acknowledgement detailing our understanding of specifications/goods required, price and delivery date and/or carriage costs if applicable. You must advise us within 24 hours of receiving order confirmation of any modifications or cancellations of Special Order Items. If Special Order Items are cancelled or modified after 24 hours of receiving our order acknowledgement but prior to delivery or attempted delivery to you. Then we reserve the right to charge, you for any and all costs incurred by us as a result of cancellation or modification of Special Order Items by you. You are not able to cancel any order for or return any Special Order Items following delivery unless they are faulty.

2.d
We will at your request arrange for collection of any goods which are the subject or a cancelled contract. Our collection charge is a minimum of 20% of the cost of the goods, as imposed by our suppliers,which we then pass onto you as the customer. This amount will be deducted from any refund made to you following collection of the goods.

3 PRICE STRUCTURES

3.a
The price that you pay is the price displayed on this Site at the time that you place your order. Our prices are in Great Britain Pounds Sterling and VAT is shown as a separate line item. Time shall be of the essence for payment.

3.b 
Sylvester Keal reserve the right to change any advertised prices at any time.

3.c
During the ordering procedure you will be required to enter credit or debit card details and we will take payment from such card at the time of your order, then we will verify the card details and confirm stock availability.

3.d
Title to any goods that you order will pass to you upon delivery provided we have received payment in full. If we have not received payment in full at the date of delivery then title shall not pass until such payment is received in cleared funds.

3.e
We reserve the right to charge interest on any sums which are not paid when due at a rate of 3% above the base rate of HSBC Bank from time to time on the amount outstanding from the due date for payment until receipt by us in cleared funds of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.

4 DELIVERY POLICY

4.a 
Sylvester Keal endeavor to deliver within 24/48 hours after the placing of your order unless we notify you otherwise. All deliveries are subject to authorization of payment or receipt of payment in cleared funds. If an item is temporarily out of stock we will contact you via e-mail or the telephone number that you provided when placing the order to attempt to arrange a later delivery date or a substitute item. If this is not satisfactory to you, we will offer you a refund. We make every effort to deliver goods within the estimated timescales but delay may occasionally occur. We shall be under no liability as a result of any delay or failure to deliver the goods within the estimated timescale.

4.b
Delivery will be charged at our current rates as displayed on the website.

4.c 
Sylvester Keal standard times of delivery are between 8.30am to 4.30pm Monday to Friday. If you have any special delivery requirements then you must notify us when placing your order where we will endeavor to achieve. Failed deliveries where no one is available to receive goods are subject to a further £15.00 delivery charge. All goods must be signed for by an adult aged 18 years or over on delivery.

4.d
Risk of loss or damage to a product passes to you at the time of delivery or, if delivery is not possible at the time and date notified, at such time as we attempt first delivery.

4.e
You irrevocably authorize us and grant us a license to enter upon any premises where the goods are situated and take possession of and remove the goods at the your expense if at any time after the purchase price (or any part thereof) has become due and has not been received in full or if the purchase price has not been received in full (whether or not the payment has become due) upon the appointment of a receiver of the whole or any part of your undertaking or upon you entering liquidation or bankruptcy or upon you compounding with your creditors or taking or suffering any similar action in consequence of debt or upon us having reasonable doubts as to your willingness or ability to pay for the goods on the due date

5 RETURNS, DAMAGED OR FAULTY GOODS

5.a
Please examine the goods on delivery in case they are damaged or faulty. It is not acceptable to sign for goods “UNCHECKED” as goods must be thoroughly inspected upon receipt. If you inform us within 7 days of delivery that the goods are delivered damaged or faulty we will generally replace them.

5.b
If you do not inform us within 7 days we shall have no liability for goods said to be damaged on delivery. This does not affect your statutory rights.

5.c
Occasionally if product specifications change or we have insufficient stock to meet your order we will offer you a substitute product or refund any amount paid for such goods. If you are not happy with any substituted goods then you may cancel the order and return them in accordance with clause 3 above.

6 LIABILITY

6.a 
Sylvester Keal provide this Site strictly on an “as is” basis and unless expressly stated, we do not make any representations nor give any warranties in respect of the Site or the goods available on the Site. To the extent permitted by the applicable law, we hereby expressly exclude all warranties, conditions, representations or duties whatsoever and howsoever arising (whether express or implied) including but not limited to any representations or warranties as to the information, content, prices, materials or products included in this Site, the ownership of intellectual property or other rights in the Site and the content, or the fitness for a particular purpose of, any goods or services referred to at any time on the Site, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort.

6.b
To the fullest extent allowed by applicable law, you agree that we will not be liable to you or your business under any circumstances whatsoever (whether in contract, negligence or any other tort, breach of statutory duty or otherwise) for any loss of profits, income, business interruption, loss of business information or for the increase in any costs, liabilities or expenses or any other losses whatsoever and however arising directly or indirectly out of or in connection with or relating to the Site and we shall not be liable for any loss, damages, costs, expenses or other liability which you incur or suffer as a result of your use of the Site or the purchase of goods through the Site.

6.c
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that the Site or any material available for downloading from the Site or sent to you by email will be free from infection, viruses, worms and/or other code that has contaminating or destructive properties, although Sylvester Keal as a company uphold a very thorough antivirus and spyware policy. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

6.d
We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, loss of or corruption of material when downloaded onto any computer systems or loss or corruption of material on your computer system however caused.

6.e
Notwithstanding any of the above our, subject to clause 6.6 below, our aggregate liability for loss or damage arising from one event or a series of events attributable to the same cause shall be limited to refunding the sum paid by you for the goods in respect of which such liability arises or, at our discretion, replacing such goods.

6.f
Notwithstanding anything else contained in the provisions of this clause 6, our liability will not be limited in the case of death or personal injury directly caused by our negligence or fraudulent misrepresentation.

6.g
This clause does not affect any statutory rights that you may have as a consumer.

7 LINKED SITES

7.a
We may provide hypertext links to sites on the Internet which are operated by independent third parties. You acknowledge that we have no control over and are not responsible for the content or availability of any Third Party Sites and give no (and expressly disclaim warranty or representations in respect of this.

7.b
We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Third Party Sites. Any concerns regarding any external link to any third party site should be directed to the operator of that site. We are available to discuss concerns you have on this matter.

8 INTELLECTUAL PROPERTY

8.a
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this Site shall remain 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.

8.b
You acknowledge and agree that the material and content contained within this Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Site. You further acknowledge that any other use of the material and content of this Site is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

9 SITE INFORMATION

9.a
Images on our website do not show the actual size of items. All sizes and measurements are approximate but we do try to make sure that they are as accurate and informative as possible. On the rare occasion that there is an error, we will seek to advise you about it as soon as possible.

10 PERSONAL DETAILS 

Sylvester Keal will use any personal information collected during your use of the Site in accordance with current UK data protection legislation and our privacy policy.

11 GOVERNING LAW AND JURISDICTION

11.a
These terms and any contract concluded between you and us is subject to the laws of England and Wales and you acknowledge and agree that all disputes arising out of such contract shall be subject to the exclusive jurisdiction of the courts of England. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable.

12 MISCELLANEOUS

12.a
You may not assign, sub-licence or otherwise transfer any of your rights under these terms.

12.b
Sylvester Keal may assign or subcontract any or all of our rights and obligations under these terms.

12.c 
Sylvester Keal may alter these terms from time to time and post the new version on the Site.

12.d
If any provision or term of these terms, or any part of any provision or term, shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision or part thereof shall be divisible from and be deemed to be deleted from them. The validity of the remaining terms will be unaffected and they shall remain in full force and effect.

13 INFORMATION

All notices shall be given to us by:

Post to:

Sylvester Keal Ltd.
Westside Business Park,Estate Road No 2
South Humberside Industrial Estate
Grimsby
North East Lincolnshire
DN31 2TG

E-mail to:

sales@sylvesterkeal.co.uk
service@sylvesterkeal.co.uk
accounts@sylvesterkeal.co.uk

Telephone:

01472 352033

13.3
Sylvester Keal may alter these terms from time to time and post the new version on the Site. We indicate at the beginning of these terms the date on which they were last updated. If you use the Site after we have published such changes you are agreeing to be bound by them.

13.4
If any provision or term of these terms, or any part of any provision or term, shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision or part thereof shall be divisible from and be deemed to be deleted from them. The validity of the remaining terms will be unaffected and they shall remain in full force and effect.

14 NOTICES

All notices shall be given to us by:

Post to:

Sylvester Keal Ltd.
Westside Business Park, Estate Road No 2
South Humberside Industrial Estate
Grimsby
North East Lincolnshire
DN31 2TG

E-mail to:

sales@sylvesterkeal.co.uk

Telephone:

01472 352033

and to you at either the e- mail or postal address you provide during the order process. Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.





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