We will arrange for your products to be delvered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products within 3 working days of order (excluding islands – contact us for delivery times and charges).
However we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
We will only deliver products within the UK.
All goods will be subject to a delivery charge and will be either posted Royal Mail recorder delivery or sent by courier City Link and will reqire a signature Such items as espresso machines may be sent on a pallet and will require two people to accept delivery.
If delivery cannot take place because two people are not present a further delivery charge will be required to be paid before the delivery can take place.
Where goods are collected from the company please ensure that all items are on the delivery note before signing. We will not be held responsible for loss of goods once they have been signed for.
( 1a ) Installation requirements
Where an espresso machine has been purchased with delivery, installation and labour warranty it will be your responsibility to have the site ready for installation and full access available. The following services MUST be supplied by you before an engineer arrives with the machine;
(i ) Mains water 15mm with a stopcock must be provided by you within one metre of machine site.
( ii ) A suitable electrical socket must be provided by you with suitable amperage for the machine within one metre of the machine site. If you are unsure of the amperage required please see our trouble shooting page.
( iii ) A trapped open ended waste is to be provided by you under the machine site. (similar to a domestic washing machine set up.) If no waste is available a suitable container can be supplied by you for this purpose.
( 2 ) Risk and ownership.
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of;
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges)
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, you will store the products separately from other goods, will ensure that the products are clearly identifiable as belonging to us, and you will ensure that they are stored in a safe, dry and clean environment.
( 3 ) Product warranties.
We will warrant to you that the products purchase from our website will
(a) conform in all material respects to any applicable specification of such products; and
(b) be free from material defects in materials and workmanship for a period of 1 year fro the date of delivery of the products.
For the avoidance of doubt, above warranties do not cover any defect in the products arising from fair wear and tear, willful damage, accident, negligence by you or a third party, used otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party.
In particular espresso coffee machine steam and water valves are not covered by this warranty. Also unless fitted by our engineers any electrical parts such as PCBs are not covered by this warranty.
These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 13, all conditions,warranties or other terms concerning the products which might otherwise be implied into a contract under these terms of sale are expressly excluded.
( 4) Returns, refunds and replacements
Products may only be returned to us with our prior agreement at your expense and according to our directions. Any products returned in contravention of this section will not be subject of any refunds or replacements and you will continue to be liable for the payment of the price of such products.
Where you return products to us in accordance with the provisions of this section, and within 28 days and in our reasonable opinion those products do not conform with the warranties set out in section 8, then you will be entitled to replacement products ( where replacement products are available ) or, where we agree, a refund of the price paid in respect of those products ( including all delivery charges.
However should you order a non stock item which has to be ordered specially for you and you then subsequently cancel or return the goods a 25% restocking fee will apply to all goods.
(5) Your warranties
You warrant to us that;
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capability to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
( 6 ) Your Indemnity
You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
( 7 ) Force majeure.
In this section 12 and section 13 below ' force majeure event' means;
(a) any event which is beyond our reasonable control;
(b) the unavailability of raw materials, components or products; and/or
(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
( 8 ) Limitations of liability
Nothing in these terms of sale will limit or exclude you or our liability for; ( i ) death or personal injury caused by negligence; (ii ) fraud or fraudulent misrepresentation; or (iii ) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this;
(a ) our liability in connection with any product purchased through our website is strictly limited to the higher of the purchase price of the relevant product and the replacement cost of the relevant product.
( b ) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and
( c ) we will not be liable for any losses arising out of a force majeure event; and
( d) we will not be liable for any injuries or accidents to any persons arising from a boiler defect on an espresso coffee machine after the manufacturers boiler certification has expired usually 1 year. It is your legal responsibility to have the machine inspected once a year and certification granted
( 9 ) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if;
(a ) you fail to pay, on time and in full, any amount due to us under any contract, or commit any material breach of your obligations to us under any contract;
( b ) you cease to trade;
( c ) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
( d ) a person ( including the holder of a charge or other security interest ) is appointed to manage to take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
( e ) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
( f ) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors ( other than for the purposes of solvent amalgamation or reconstruction )
( 10 ) Consequences of cancellation.
Upon the cancellation of a contract in accordance with section 14
( a ) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
( b ) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation ( without prejudice to any right we may have to recover the products ) ; and
( c ) all the other provisions of these terms of sale will cease to have effect, except that sections 7 to 13 and 15 will survive termination and have effect indefinitely.
( 11 ) Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any serviced by us or any third party in relation to the products.
( 12 ) General terms.
Images of products on our website are for illustrative purposes; actual products may differ from such images.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, andsuch invalid or unenforceable or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of section 13 ; these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be goverened by and construed in accordance with English and Scottish law and the courts of England Scotland and Wales will have non exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
( 13 ) About us
Our full name is Caledonian Espresso Service
Our principal trading address is Unit 8 Dumbryden Industrial Estate, Dumbryden Road, Edinburgh EH14 2AB
Our email address is email@example.com
Our vat number is 379-9348-79