1. Definitions
Buyer means the organisation or person who buys goods from the seller.
Goods means the articles to be supplied to the buyer by the seller.
List price means the seller’s list of prices, as amended from time to time.
Seller means Le Petit Francais Ltd of 15-17 Swanfield, Edinburgh, Scotland, EH6 5RX.
2. General
Any variation to these terms, including any special terms agreed between the parties, does not apply unless the seller agrees it in writing.
3. Price and payment
The price is the seller’s current list price, or another price the parties agree in writing. The price is exclusive of VAT and any other applicable costs.
Prices may change without notice to cover a rise from our suppliers or an improvement to our products.
Payment of the price, VAT and any other applicable costs is due when the order is placed.
If payment is not made by the due date, the seller may require payment in advance of delivery for any goods not yet delivered, and may refuse to deliver any undelivered goods, whether or not they were ordered under the same contract, without liability for non-delivery or delay.
By submitting an order, the buyer gives the seller permission to obtain a personal or commercial credit check during the transaction, if the account is in arrears, or after a request for credit.
The minimum order value is £10. That cannot be amended unless the seller agrees in writing before the order is placed.
4. Description
Any description of the goods is for identification only and does not make the contract a sale by description. The buyer confirms that it does not rely on any description when entering into the contract.
5. Delivery
Unless otherwise agreed in writing, delivery takes place at the address the buyer specifies, on the date the seller specifies. The buyer must be ready to take delivery whenever the goods are tendered. The delivery driver may ask for identification and may withhold delivery if the receiver cannot identify themselves to an acceptable standard.
The time of delivery is an estimate only. Time is not of the essence.
The buyer must notify the seller of damage, missing items or any dispute on the same day as delivery.
Orders must be received by the seller on www.lepetitfrancais.co.uk. The delivery charge is £2.
6. Title
Title in the goods does not pass to the buyer until the seller has been paid in full.
7. Returns and cancellation
A credit for damaged goods is issued only where the damage is notified to the seller by close of business on the same day, and the items are returned whole to the seller’s delivery driver on a date agreed with the seller.
The seller may, at its absolute discretion, refund the price of damaged goods if that price has already been paid.
All orders, once received by the seller, are binding. The seller does not offer a cancellation policy.
These remedies do not affect the other terms.
8. Liability
The seller accepts no liability for any representation made before the contract about the goods matching a description, their quality, or their fitness for any purpose.
The seller accepts no liability for any express term of the contract that relates to description, quality, or fitness for purpose.
All implied terms, conditions or warranties as to description, satisfactory quality, or fitness for any purpose — whether or not that purpose was made known to the seller — are excluded from the contract.
9. Limitation of liability
If a court or arbitrator finds that any part of the returns clause is unenforceable, the seller’s liability for loss or damage suffered by the buyer shall not exceed the contract price.
Nothing in these terms limits or excludes liability for death or personal injury caused by the negligence of the seller or of its employees or agents.
10. Force majeure
The seller is not liable for delay or failure caused by events outside its reasonable control, including acts of God, strikes, lock-outs, accidents, war, fire, breakdown of plant or machinery, or shortage of raw materials from a natural source. The seller is entitled to a reasonable extension. If the delay lasts as long as the seller considers unreasonable, it may end the contract without liability.
11. Waiver
If either party does not enforce a term at any time, that is not a waiver of the term or of the right to enforce it later.
12. Severability
If any term is held invalid, illegal or unenforceable, it is severed and the rest of the terms continue in full force.
13. Governing law
This agreement is governed by Scottish law. The parties submit to the exclusive jurisdiction of the Scottish courts.