Terms of Sale
- KUKURUZ Products is a trading name of KUKURUZ LIMITED, a company incorporated in England and Wales with a registration number 10909874 and registered office at 21 Arlington Street, London, SW1A 1RN, (referred to as the ‘Company’).
- any person who orders or purchases Products from the Company (referred to as the ‘Customer’).
2. The Products
- The Company supplies food and drink Products as displayed and detailed on the Website.
- The Company warrants that Products purchased will at the time of delivery:
- conform in all material respects to any applicable or published specification;
- be free from damage or defects except where the damage or defect is brought to the Customer’s attention before the purchase; and
- of satisfactory quality; and
- be fit for the purpose of human consumption within the use by date stated on the Products.
3. Order process
- Products are available to consumers over the age of 18 only, the Company limit, cancel or prohibit orders that appear to be placed by minors, dealers, resellers or distributors.
- To submit an order a Customer shall
- add the Products to be purchased to the shopping cart;
- provide personal details and delivery address;
- provide payment details
- review the order to identify and correct any input errors;
- agree to these Terms and Conditions;
- confirm the order and submit payment.
- In submitting an order the Customer warrants:
- to have full authority, power and capacity to agree to these Terms and Conditions;
- the information provided in the order is accurate and complete;
- An order is a Customer’s offer to purchase Products. The Company is not obliged to accept any order for Products and a binding contract shall be formed
- upon the Company providing a confirmation of the order; or
- upon the Company dispatching the Products;
- Upon receipt of an order the Company will provide
- an order confirmation (at which point the order will become a binding contract); or
- an email confirming that the order, or part of the cannot be met; along with a date when the ordered Products will be available or in some circumstances the Company may suggest an alternative Product. Unless the Customer cancels the order or requests an alternative Product the Company shall assume that the Customer is happy to wait until the Product become available.
- If an order cannot be met because of insufficient stock being held, the Company may
- inform the Customer when the Products will, or are likely to be available; or
- offer an alternative Product to the Customer; or
- at the request of the Customer, cancel the order or part of the order that is unavailable and refund the cost paid to the Customer (providing that cleared funds have been received by the Company)
4. Price and payment
- Prices for Products are as stated on the Website, however it is always possible that some of the prices may be stated in error or incorrectly.
- .Prices will be verified as part of the order process so that if a Product is incorrectly priced on the Website, the correct price will be shown in the online shopping cart before the contract for the supply of the Product comes into effect.
- In addition to the price of the Products, the following charges may be applied
- a delivery charge;
- any costs incurred, including administration and third party costs, as a result of the Customer implementing a chargeback or the Customer’s bank declines a payment after the Products have been dispatched;
- all customs, export and import taxes and duties arising by virtue of the dispatch and delivery of products to a country outside the boundaries of the United Kingdom.
- The prices exclude all applicable Value Added Taxes which will be charged at the prevailing rate
- Prices for Products are subject to change at any time, but changes will not affect contracts which have come into effect before any change is applied.
- Unless otherwise agreed, payment must be made by using one of the methods available on the Website. The Company may withhold or delay dispatch of the Products or cancel the order if the full cost is not received in cleared funds.
- The Company will arrange for the Products to be delivered to the delivery address stated in the order.
- Charges for delivery will be as stated within the Website and confirmed in the checkout procedure.
- Delivery of Products is by a third party delivery or courier service and subject to their terms and conditions of service.
- The Company have no control over Products once they are dispatched from the warehouse and cannot guarantee any delivery time beyond the standard times provided by the delivery or courier service but may be affected by adverse weather, traffic conditions, road closures, vehicle breakdowns or other delays beyond the control of the delivery service. The Company cannot be held responsible or liable for any delays or for a failure to deliver within an stated time.
- Some deliveries will require a signature and it is the Customer’s sole responsibility to ensure that someone is available to receive and sign for the order when delivered.
- If no one is available to receive Products then the Products may be left with a neighbour or in a safe place or returned to the delivery service depo; a calling card will be left by the delivery service which will include information for what to do may include an option to re-arrange delivery or to collect parcel from the delivery company's local depot.
- If the Customer has not re-arranged delivery or collected the parcel within a period stated on the failed delivery notice, it will be returned to the Company.
- If a Product is returned undelivered the Company shall attempt to contact the Customer to arrange re-delivery which will be subject to a payment of an additional delivery charge.
- If re-delivery of a returned Product is not arranged within 7 days of a Product being returned then the Customer may be required to pay an additional storage fee of £1.00 per day before the Products are dispatched.
- Orders for Products that are perishable are exempt from The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the right to cancel an order within 14 days of delivery shall not apply; therefore once an order confirmation from the Company is provided the order will not normally be cancellable.
- If an order does not comply with the warranties in clause 2.2 then the Products may be returned within 30 days (except where a ‘use by’ date is less than the 30 day period) and the Company may
- replace the ordered Products;
- refund the Customer the cost of the Products, less any charge made for delivery;
- If the Customer claims that the Products were delivered damaged them it is recommended that the Customer takes photographs of the damaged packaging and does not open the packaging or the Products to enable the Company to evaluate the damage.
- Before returning Products which do not comply with clause 2.2 the Customer must contact the Company and provide evidence of any damage or unsatisfactory quality.
- Where the Company accepts the returning of the Products
- the Company shall provide a returns label;
- the Customer shall securely package the Products and return them to the Company;
- upon receipt of the Products the Company will examine the Products and where the return is accepted the Company shall either forward a replacement or refund the cost of the Products to the Customer using the same form of payment used by the Customer;
7. Risk and ownership
- The Products will be at the Customer’s risk and ownership from the time of delivery (or collection) provided that the Company has received full payment in cleared funds.
- Until ownership of the Products has passed to the Customer, the Customer shall possess and hold the Products as fiduciary agent and Bailee; and must store the Products separately from other goods and ensure that the Products are clearly identifiable as belonging to the Company.
- The Company will be entitled to recover payment even where ownership has not passed: or recover the Products at any time before ownership passes to the Customer.
8. Limitation of liabilities
- The Customer acknowledges that the Company do not provide advice in relation to the selection or the use of the Products by the Customer.
- The Company shall not be liable to the Customer in any way whatsoever for
- any damage caused by mishandling, wilful damage, misuse or negligence by the Customer or a third party, or use beyond any manufacturer's instructions or recommendations;
- force majeure event including (but not limited to) power failure, adverse weather, industrial disputes affecting any third party, pandemic, epidemic, governmental regulations or restrictions, fires, floods, disasters, civil riots, terrorist attacks, war or any event which is beyond the Company’s reasonable control;
- To the maximum extent permitted by applicable law all conditions or warranties concerning the Products which might otherwise be implied into a contract which are capable of being excluded, are expressly excluded.
- Nothing in these Terms and Conditions will limit or exclude liability for:
- death or personal injury caused by the Company’s negligence;
- fraud or fraudulent misrepresentation.
9. General terms
- If any provision of these terms and conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
- This agreement cannot be assigned, transferred or novated except by the Company where the Company is sold.
- Each contract under these terms and conditions is made for the benefit of the Parties and is not intended to benefit, or be enforceable by, any other person and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
- These terms and conditions will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms and Conditions.