This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.onlinecashandcarry.co.uk ("our site") to you.
Please read the terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1 Information about us
1.1 We operate the website www.onlinecashandcarry.co.uk. We are part of O&P Investments Limited, a company registered in England and Wales under company number 7414402 and with our registered office at and head office at Suite 103, Davina House, 137-149 Goswell Road, London, EC1V 7ET. Our VAT number is 106086829.
Our site is only intended for use by businesses/people operating/resident in the United Kingdom. We do not accept orders from business/individuals outside the United Kingdom.
3 Your status
3.1 You are only able to order products through our site once your have registered with us and created an online account.
3.2 By placing an order through our site, you warrant that:
3.2.1 you are acting in the course of trade, a business or a profession;
3.2.2 you are legally capable of entering into binding contracts on behalf of the account holder;
3.2.3 you have authority from the account holder to place an order on this site; and
3.2.4 you are at least 18 years old.
4 How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, full payment and we will confirm such acceptance to you by sending you an e-mail that confirms that the relevant Product has or Products have been dispatched ("Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch and payment Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5 Availability and delivery
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 We will make every effort to deliver your order on the date specified in the dispatch notice but time for delivery shall not be of the essence of the Contract and we shall not be liable for any delay on failure to deliver your order.
6 Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7 Price and payment
7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Product prices exclude VAT.
7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation.
7.6 Payment for all Products must be made when you place your order via the online payment gateway made available on our site.
8.1 We warrant that on delivery the Products will be of satisfactory quality. Except as set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9 Our refunds policy
9.1 Subject to clause 9.2, onlinecashandcary.co.uk does not offer “sales or return” facility on any order. By using the site members agrees to our terms & conditions.
9.2 We reserve the right to refuse a refund in respect of any returned Product that has been tampered with or opened or that is custom made or ordered by us specifically at your request.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.4 We will only refund or replace items noted on the delivery note at the time of delivery as missing or damaged.
10 Our liability
10.1 Nothing in this agreement excludes or limits our liability for:
10.1.1 death or personal injury caused by our negligence;
10.1.2 fraud or fraudulent misrepresentation;
10.1.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or
10.1.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.2 Subject to clause 10.1:
10.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from our deliberate breach of the Contract); and
10.2.2 our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by our deliberate breach of the Contract shall not exceed the purchase price of Products purchased by you under the Contract.
11 Foodstuff allergies
11.1 We endeavour to:
11.1.1 provide a full ingredient list for every Product that we supply; and
11.1.2 highlight any relevant allergy information that is made available to use.
11.2 Subject to clause 10.1, we shall not be liable for any allergic reaction suffered by any of your customers as a result of Products purchased from us.
12 Written communications
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.1 All notices given by you to us must be given to O & P Investments Limited at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 48 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14 Transfer of rights and obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 impossibility of the use of public or private telecommunications networks; and
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18 Entire agreement
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for fraud.
19 Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to such versions of our policies and these terms and conditions as are in force at the time that you order Products from us, unless any change to such policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to such policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to such policies and/or these terms and conditions, as appropriate, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
20 Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.