TERMS AND CONDITIONS (for business customers only)
ABOUT THESE TERMS
These are the terms and conditions (the "Terms") on which we supply goods to you (the "Products").
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
These terms and conditions are for our business customers only. If you are buying goods from us and you are NOT a business customer please switch to our Consumer T&C's.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
INFORMATION ABOUT US AND HOW TO CONTACT US
We operate the website www.tchibo-coffee.co.uk. We are Tchibo Coffee International. We are registered in England and Wales under company number 00761849. Our registered office is at Tchibo House, 7-8 Blenheim Road, Epsom, Surrey, KT19 9BE. Our registered VAT number is GB 986 4882 47.
You can contact us by telephoning our customer service team at 01372 736 255, email to email@example.com, fill out the contact us form here or by writing to us at Tchibo House, 7-8 Blenheim Road, Epsom, Surrey, KT19 9BE.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
USE OF OUR WEBSITE
Your use of our website is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
We will confirm our acceptance to you by sending you an e-mail that confirms your order has been accepted and has been despatched. Once we send this order acceptance and despatch email, a binding contract will be formed between us (the "Contract").
If we cannot accept your order
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the description of the Product or the price on our website as referred to below, we will inform you of this by e-mail and we will not process your order. If you have already paid for a Product that we are unable to supply, we will refund you the full amount including any delivery costs charged as soon as possible.
Your order number
We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to mainland England, Wales and Scotland
Our website is solely for the promotion of our products in mainland England, Scotland (incl. Highlands) and Wales. Unfortunately, we do not deliver to addresses outside of mainland England, Scotland and Wales.
Products may vary slightly from their pictures
The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
Products packaging may vary
The packaging of the Products may vary from that shown in images on our website.
Use by dates
We have a minimum 28 day use by /sell by policy which means that no Product will be shipped for delivery which has less than 28 days to expiry.
PRICE & PAYMENT
The prices of the Products will be as quoted on our website at the time you submit your order. All prices are in pounds sterling and an invoice will be packed with the order following payment.
We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but changes will not affect any order we have already accepted.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process and displayed on our website, before you confirm your order.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
How to pay
We accept payment with MasterCard and Visa. Also Checkout with PayPal is coming soon.
You must pay for all products before we dispatch them. We will not charge your Credit Card or PayPal account until we dispatch the products to you.
We can charge interest if you pay late
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
The costs of delivery will be as displayed to you on our website and are based on the total price of all the Products ordered.
Where we will deliver
We shall deliver the Products to the location set out when the order was placed or such other location as we may agree with you ("Delivery Location"). Delivery of the Products shall be completed on the Products' arrival at the Delivery Location.
When we will provide the Products
During the order process we will let you know via email when we will provide the Products to you and the delivery will contain a delivery advice note.
We will deliver your Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
We aim to deliver orders placed before 3pm the next day if placed Monday-Thursday (excluding bank holidays). If orders are placed before 3pm on a Friday then we will aim to deliver these on the next Monday (excluding bank holidays). If orders are placed after 3pm on a Friday, on a Saturday or Sunday, we will aim to deliver these on the next Tuesday (excluding bank holidays).
In the event that we are out of stock of a particular Product, we will call and agree the best options to allow us to send your complete order to you as soon as possible.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received. If we fail to deliver the Products, our liability shall be limited to providing a full refund for the Products including any delivery costs.
If you fail to accept delivery of the Products within three days (other than a Saturday, Sunday or public holiday) ("Business Days") of us notifying you that the Products are ready, then, except where such failure or delay is caused by an event outside of our control or our failure to comply with our obligations under the Contract:
- delivery of the Products shall be deemed to have been completed before 6pm on the third Business Day after the day on which you were notified that the Products were ready; and
- we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
If 10 Business Days after the day on which you were notified that the Products were ready for delivery you have not accepted delivery of them, we may resell or otherwise dispose of part or all of the Products.
You shall not be entitled to reject the Products if we deliver up to and including 5% more or less than the quantity of Products ordered, but a pro rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Products was delivered.
We may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
TITLE & RISK
The risk in the Products shall pass to you on the date of delivery or deemed delivery.
Title to the Products shall not pass to you until we receive payment in full (in cash or cleared funds) for the Products.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order for the Products you have ordered please contact us. We will let you know if the change is possible.
If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the changes.
OUR RIGHTS TO MAKE CHANGES
We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements;
- changes to our business processes; and
- changes to third party support.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Any opened or used consumables (e.g. packets of coffee) will not be eligible for a refund. We reserve the right not to refund items which are in an unsuitable condition when returned.
OUR WARRANTY FOR THE PRODUCTS
We provide a warranty that on delivery, the Products shall be free from material defects and conform in all material respects with their description.
The warranty in this Clause does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
Subject to the below, if:
- you give notice in writing to us within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out above;
- we are given a reasonable opportunity of examining such Products; and
- you (if asked to do so by us) return such Products to our place of business at the your cost
we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
We shall not be liable for Products' failure to comply with the warranty set out above in any of the following events:
- you make any further use of such Products after giving notice as set out above;
- the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
- you alter or repair such Products without our written consent;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Except as provided in this Clause 11, we shall have no liability to you in respect of the Products' failure to comply with the warranty set out above.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise (including sections 13 to 15 of the Sale of Goods Act 1979) is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This Clause shall apply to any repaired or replacement Products supplied by us.
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
- anything else which cannot be excluded or limited by law.
Subject to the terms above we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill;
any indirect or consequential loss. Subject to the above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
Should you wish to return goods which have been ordered incorrectly or which are not faulty, we will accept requests for returns up to 14 days after you have received the Products however such returns may be subject to a fee of £25 plus any administrative fees associated with card payments.
Any food or drink Product that has been used or opened will not be accepted for a refund.
We reserve the right not to refund items that are returned in unusable or unsellable condition.
If for any reason, we process a refund to you subject to these Terms, we will refund you the price you paid for the Products after we have received the Products back (where applicable). Refunds will be made by the method you used for payment. If you paid by Debit or Credit Card the refund will automatically be made to that card. If you paid by PayPal your refund will be processed via PayPal.
We may reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
OUR RIGHT TO END THE CONTRADCT
We may end the contract if you break it
We may choose to end the contract for a Product or suspend the delivery of an order at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your delivery address; or
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
You must compensate us if you break the contract
If we end the contract in the situations set out in this Clause16 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Product
We may write to you to let you know that we are going to stop providing the Product. We will let you know within 24 hours of the order being placed of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information
We will use the personal information you provide to us:
- to supply the Products to you;
- to process your payment for the Products; and
- if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
COMMUNICATION BETWEEN US
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the parties registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
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.
The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.
These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, or such clause becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by an event outside our control. An "event outside our control" means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving our workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of our suppliers or subcontractors.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).