Conditions of sale for mail order purchases

Purchases made on this site are subject to EU internet sales conditions as
outlined on this UK Government Internet, mail order and telephone shopping
consumer rights page

Interpretation

1.1 In these Conditions of Sale:

Buyer means any person whose Order for goods is accepted by FWP

Contract means the contract between FWP and the Buyer for the sale and purchase of Goods pursuant to an Order by the Buyer

FWP means FWP Matthews Limited

Goods means any item or items supplied or to be supplied by FWP to the buyer or any other person on the order of the Buyer

Order means a request to supply goods made by the Buyer to FWP via the order function on the FWP website.

1.2 In these Conditions of Sale references to the singular shall include the plural and vice versa.

References to persons shall include bodies corporate, partnerships, unincorporated associations and individuals

Application

2.1 By placing an Order via this website you, the Buyer, accept these Conditions of Sale as applying to that Order. In particular these Conditions apply in preference to and supersede any prior Conditions of Sale howsoever arising that have applied to previous dealings between you and FWP.

2.2 In addition to these Conditions particular additional Terms and Conditions may apply from time to time to particular transactions. These will be displayed on the website. Should you be in any doubt as to the Terms and Conditions applying to your Order please contact FWP to clarify this prior to placing your Order.

2.3 These Terms and Conditions apply only to Orders placed via the website. For all other sales please refer to Conditions of Sale (Trade).

Price and Payment

3.1 The price for the Goods shall be that displayed on the website at the time of placing the Order. This price includes VAT and excludes delivery to the mainland of England and Wales. For deliveries outside this area additional delivery costs may be incurred for which you will be liable.

3.2 Payment is to be made at the time of the order being placed and the goods dispatched once payment has cleared.

3.3 All cheques, postal orders and banker’s drafts should be made payable to FWP Matthews Limited and crossed “Not negotiable – account payee only”.

3.4 A receipt will only be issued by FWP if specifically requested by the Buyer at the time payment is tendered.

Delivery

4.1 FWP aim to process and dispatch your Order within 5 working days of receipt. If a particular product you have ordered is not available and it is unlikely to be available for more than a week then the remainder of the Order will be dispatched and the unavailable item will be placed on back order to be dispatched as and when it becomes available.

4.2 Delivery shall be arranged by FWP unless otherwise expressly agreed. FWP shall be free to arrange delivery by such method of carriage as FWP may choose. Delivery shall be to the address provided by the Buyer for delivery. FWP may deliver an Order in more than one delivery at its discretion.

4.3 Deliveries are Monday to Friday and will generally be before 5 p.m. although this cannot be guaranteed. If a delivery time is quoted this is only a guide and cannot be guaranteed. There are no deliveries on Saturday, Sunday or Bank Holidays.

4.4 On receiving the delivery the Buyer will examine the Goods.

4.5 In the event of any shortage or discrepancy between the Goods delivered and the Goods ordered or invoiced for the Buyer shall notify FWP within 7 days of date of the delivery, or in the case of a discrepancy between delivery and invoice as soon as possible and in any event within 7 days of invoice. If no such notification is received then that shall be regarded as conclusive evidence as to the delivery being correct in both quantity and description.

4.6 In the event of the Goods suffering any actual tampering, defect, damage or deterioration the Buyer shall notify FWP as soon as possible and in any event within 7 days of date of the delivery of the same specifying the tampering, defect, damage or deterioration in question. The Buyer shall retain the Goods so affected unless FWP expressly agrees otherwise and permit FWP to inspect or collect the same as it sees fit at FWP’s expense in the first instance. If no such notification is received, or the affected Goods are not retained, then that shall be regarded as conclusive evidence as to the delivery being free from tampering, defect, damage or deterioration.

4.7 In the event of non-delivery of the Goods the Buyer shall notify FWP of the non-delivery as soon as possible and in any event within 7 days of the date of invoice for the Goods that are not delivered.

4.8 Notification for the purpose of this clause must be by email to sales@fwpmatthews.co.uk.

Risk and title

5.1 The risk in the Goods will pass to the Buyer at the moment of delivery to the address provided by the Buyer for delivery. From that moment the Buyer shall be responsible for insuring and safeguarding the Goods against loss or damage.

5.2 The property in the Goods shall not pass to the Buyer until payment of the price, including VAT and items set out at 3.3 above, is made in full. From delivery until such time as payment is made in full the Buyer shall hold the Goods delivered as bailee and fiduciary agent for FWP.

5.3 Until such time as the property in the Goods shall pass to the Buyer it shall store them on its premises separately from the Buyer’s own goods or those goods of any other person and in a manner which makes them readily identifiable as the goods of FWP.

5.4 The Buyer is permitted to sell any of the Goods prior to property in the Goods passing to the Buyer on the express condition that such a sale shall be as agent and bailee for FWP. The proceeds of such a sale are to be held on trust for FWP and are not to be intermingled with any other monies but kept separate and identifiable as FWP’s monies.

5.5 The Buyer is permitted to process any of the Goods or mix them with any other materials including materials that are the property of a third party. In that circumstance clause 5.4 above shall not apply. FWP and the Buyer hereby agree that any such mixture shall be owned by the Buyer, FWP and any such third party as tenants in common in shares proportionate to their respective contributions to the mixture. The respective contributions shall be measured according to the proportion of the cost of production each has contributed in materials, labour, or any other cost of production.

5.6 The Buyer shall store any mixture arising as a result of clause 5.5 separately from any other mixtures or goods and in a manner which makes it readily identifiable as containing the goods of FWP.

5.7 The Buyer is permitted to sell the mixture arising as a result of clause 5.5 above on the express condition that the Buyer shall hold a proportion of the proceeds of sale on trust for FWP such proportion to be calculated according to FWP’s share as a tenant in common of the mixture as set out in clause 5.5. The said proportion is not to be intermingled with any other monies but kept separate and identifiable as FWP’s monies.

Cancellation of a Contract

6.1 Notwithstanding a Contract to supply Goods entered into between FWP and the Buyer FWP shall be entitled, without any liability arising on its part for breach of contract, to cancel such an agreement or withhold delivery of such an Order or impose conditions on delivery of such an order as it sees fit (which may include a requirement for payment in advance of delivery) in the event of the occurrence of any of the following circumstances: any payment tendered by the Buyer to FWP for any purchase of goods is dishonoured or returned; the Buyer fails to comply with the payment terms for its account; the Buyer orders Goods which take the balance of its account over any credit limit; the Buyer has provided or previously provided an incorrect address for delivery; the Buyer has failed to accept delivery of an Order, whether the Order in respect of which a cancellation is made or any previous Order; the Buyer enters an Individual Voluntary Arrangement, a Company Voluntary Arrangement, administration or has a bankruptcy or insolvency petition presented, or a bankruptcy or winding-up order made against it; any distress, Commercial Rent Arrears Recovery, or execution is levied or threatened against any goods of the Buyer or on the Buyer’s premises.

6.2 In the event that title in Goods delivered pursuant to a contract has not passed under clause 5 above then in the event of the occurrence of any of the following  circumstances the Buyer shall permit FWP to remove those Goods or any mixture containing those Goods from any premises under the control of the Buyer: any payment tendered by the Buyer to FWP for any purchase of goods is dishonoured or returned; the Buyer fails to comply with the payment terms for its account; the Buyer enters an Individual Voluntary Arrangement, a Company Voluntary Arrangement, administration or has a bankruptcy or insolvency petition presented, or a bankruptcy or winding-up order made against it; any distress, Commercial Rent Arrears Recovery, or execution is levied or threatened against any goods of the Buyer or on the Buyer’s premises.

In the event that a mixture is so recovered FWP shall hold the mixture on like terms as provided for in clauses 5.5, 5.6 and 5.7 above.

6.3 If delivery is delayed by strikes, lock-outs, fire, accidents, defective materials, delays in receipt of raw materials or bought-in goods or components or any other cause beyond the reasonable control of FWP, a reasonable extension of time for delivery shall be granted and the Buyer shall pay such reasonable extra charges as shall have been occasioned by the delay. If the delay persists for such time as FWP considers unreasonable then FWP may, without liability on its part, terminate the Contract.

6.4 If the Buyer wishes to change or cancel an Order he should contact FWP immediately by telephone on 01993 830 342, 9a.m. to 5p.m. Monday to Friday or by email to sales@fwpmatthews.co.uk.

6.5 To cancel an Order the Buyer must provide the following details: customer name; order number and date of order.

6.6 If the Order is cancelled prior to dispatch then no sum shall be payable by the Buyer to FWP.

6.7 If the Order is cancelled following dispatch then the Buyer may still return the Goods within 10 days of them being delivered.

6.8 If the Buyer cancels the Order within 10 days of the delivery then FWP shall refund the cost of the Goods so delivered and the delivery charges incurred as long as those sums have been paid. If those sums have not been paid then the Buyer’s account will be credited with that amount.

6.9 In relation to clause 6.7 and 6.8 the Buyer may only so return the Goods if he has contacted FWP to cancel the Order in accordance with clause 6.4 and 6.5 above and the Goods so returned are intact and unopened. The Buyer shall be liable for the cost of returning the Goods to FWP.

Warranties

7.1 All Goods intended for human consumption are guaranteed to be of the nature, substance and quality to comply with the Food and Drugs Act 1990 and the other statutory and regulatory requirements from time to time relating to the sale of human foods.

7.2 Save for clause 7.1 above all implied terms, conditions or warranties, statutory or common law or howsoever arising as to the satisfactory quality of the Goods and the fitness for any purpose whatsoever are hereby excluded from the contract to the extent permitted by law. In particular the Buyer shall have satisfied himself prior to purchase that the Goods are suitable for the use he intends for them.

7.3 This website may from time to time contain links to other websites operated by third parties. FWP does not endorse any such website nor give any warranty as to the accuracy of the information such sites may contain.

Limitation of Liability

8.1 Where any court or arbitrator determines that for any reason clause 7.1 is unenforceable FWP will accept liability for loss suffered by the Buyer only to an amount not exceeding the price of the Goods found to have been other than in accordance with the contract.

8.2 Where FWP accepts a discrepancy reported in accordance with clauses 4.4, 4.5, or 4.6 it shall replace or supplement the Goods so affected free of charge. As an alternative FWP shall be entitled at its absolute discretion to refund the price of the defective Goods if that price has been paid, or to reduce the amount outstanding on the invoice containing the defective Goods if it has not been paid. This clause is without prejudice to the other terms of this contract including, but not limited to, clauses 7.2 and 8.1 above.

8.3 Nothing in these terms and conditions will limit or exclude the liability of FWP for any fraudulent misrepresentation or death or personal injury arising out of negligence on the part of FWP.

Waiver

9.1 No breach of the Contract on the part of the Buyer shall be deemed waived by FWP unless FWP expressly waives the breach in writing.

9.2 Further and without prejudice to 9.1 the waiver or forbearance or failure by or of a party to insist on due and proper performance of a Contract, whether by design or inadvertence, shall not be construed in any circumstances as a waiver or abandonment of that party’s rights to future performance of such provision and the other party’s obligation in respect of such future performance shall continue in full force and effect.

General

10.1 The Contract shall be governed and construed in accordance with English law and the Buyer and FWP agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Contract.

10.2 The Contract shall not be assigned or transferred, nor the performance of any obligation sub-contracted, by the Buyer without the prior written consent of FWP.

10.3 None of the terms of the Contract shall be enforceable by any person who is not a party to it.

10.4 FWP and its authorised data processors shall hold personal information about the Buyer in accordance with the Data Protection Act 1998. FWP may from time to time wish to send you information about itself and/ or its products. If you do not wish to receive such information please email FWP via sales@fwpmatthews.co.uk. FWP will not divulge the information you have supplied to any third party.

Cookies

Our sites use a number of different cookies. Below we explain the cookies we use and why we use them.

11.1 What is a cookie?
A cookie is a small text file that may be placed on your device when you visit our sites. When you next visit our sites the cookie allows us to distinguish you from other users.

There are two broad categories of cookies:

Persistent cookies
Persistent cookies remain on your device until deleted manually or automatically.

Session cookies
Session cookies remain on your device until you close your browser when they are automatically deleted.

11.2 Cookies we use and why we use them:

Essential cookies
Essential cookies are technical cookies that are required for the operation of our sites. Without essential cookies our sites can’t operate properly. Essential cookies include, for example, cookies that enable you to log into secure areas.
Performance cookies
Performance cookies allow us to recognise and count the number of visitors to our sites and to see how visitors move around them. This helps us to improve the way our sites work by enabling us to tailor our sites to the way visitors use them. The information we collect from performance cookies is aggregated which means that we cannot identify you from it.
Experience cookies
Experience cookies allow our sites to remember the choices you make. Our sites use experience cookies to provide you with enhanced and personalised features. For example, we use information collected through what are known as “web-analytic” cookies to compare the choices you make to those of our other customers so that we can learn from those choices.
Information collected by experience cookies cannot track your browsing activity when you leave our sites to browse other sites.

11.3 Your right to refuse cookies and what happens if you refuse them
You can refuse cookies by activating the relevant setting on your browser. However, if you do so you may not be able to access all or parts of our sites. If you carry on using our sites and do not change your browser settings we will assume you consent to us using cookies as described above.