Website Terms and conditions

Welcome to the Time Cash & Carry website terms and conditions for use.These terms and conditions apply to the use of this Website and by accessing this Website and / or placing an order you agree to be bound by the terms and conditions set out below.If you do not agree to be bound by these terms and conditions you may not use or access this Website.If you have any questions relating to these terms and conditions please contact our Customer Service team by e - mail, or call us on 0208 595 7830 during trading hours.


Definitions

 

"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Time Cash & Carry Ltd; "Website" means the website located at www.tcc.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer 's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website. 

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

  • The account Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes of account information by contacting our Customer Service Helpdesk by e - mail, or calling us on 0208 595 7830.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and / or your Personal Information.

Our rights
We reserve the right to:

  • modify or withdraw, temporarily or permanently, this Website(or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and / or
  • Change the Conditions from time to time, and your continued use of the Website(or any part thereof) following such change shall be deemed to be your acceptance of such change.It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources
for you to access at your sole discretion.You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible
for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly,
for (i) the privacy practices of such websites, (ii) the content of such websites, including(without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.


Related products

When you use our website, you 'll see that we offer you related products, showing products we think you might like and could perhaps miss when you'
re browsing the site. 

We determine related products through our market knowledge, current trends and Brand Owner research and activity.

Privacy

We will treat all your Business and Personal information as confidential(although we reserve the right to disclose this information in the circumstances set out below).We will keep it on a secure server and we will fully comply with all applicable UK Data Protection Act. 

We confirm that any Business and Personal Information which you provide to us will only be used
for the following purposes:

  • Processing your orders;
  • For statistical or survey purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;
  • If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e - mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications(EC Directive) Regulations 2003.(check) You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and / or User Information, we are entitled do so. 

Purchase of products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable
for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Delivery

Orders can only be delivered to the United Kingdom. The location must be within mainland United Kingdom and within our pre-defined delivery areas (which exclude Northern Ireland, Channel Islands, Isle of Man, Scottish islands and other areas which we do not serve). The location must be accessible by road. Although we will carry our deliveries to the Isle of Wight, we cannot undertake to meet scheduled ferry crossings – it is your responsibility to be available to accept delivery at the delivery address or location on the day of delivery. In the event of any other offshore deliveries, we will complete delivery to a designated carrier or location at a United Kingdom port of your choice. If you would like to order from outside of the United Kingdom, (no alcohol or tobacco products can be delivered outside of the UK) then please contact us on 0208 595 7830, or e-mail us on orders@timecc.co.uk

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

  • You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process.You will be guided through the process of placing an order by a series of simple instructions on the Website
  • We will send you an order acknowledgement email detailing the products you have ordered.This is not an order confirmation or invoice.•As your product is shipped from our warehouse we will send you a despatch confirmation email.
  • Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Non - acceptance of an order may be a result of one of the following:
  • Our inability to obtain authorisation for your payment
  • You’ re not meeting the eligibility to order criteria set out in the main Terms & Conditions
  • The contract will be concluded in English.
  • This legislation offers you the following cancellation rights when you buy online or by phone:
  • You are entitled to cancel your contract if you so wish, provided that you exercise your right before the product is despatched.
  • If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
  • To exercise the right to cancel, you must inform our helpdesk on 0208 595 7830

Description of products

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Alcoholic merchandise

Under the Licensing Act 2003 it is an offence to purchase or attempt to purchase alcoholic liquor
if you are under the age of 18, or liqueur chocolates
if you are under the age of 16. Under the ___ act 2003 it is an offence to purchase or attempt to purchase tobacco is you are under the age of 16.
In accepting these Conditions you agree to provide Time Cash & Carry Ltd truthful and accurate information and act in accordance with the Licensing Act of 2003.

General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.You are permitted to use this material only as expressly authorised by us or our licensors.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner.You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non - infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error - free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website.We will not be responsible or liable to you
for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort(including, without limitation, negligence), pre - contract or other representations(other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses(including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability
for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you.You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.Your Statutory Rights are not affected by these terms and conditions.Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

For any queries regarding our service, please contact us via email, phone or post
Our company details are:
Time Cash & Carry
Time House, Renwick Road, Barking, Essex IG11 0 SH
Registered in England.Company registration number: _____
VAT no: GB 

General Terms and Conditions

1. GENERAL

(a) Each contract between us, Time Cash & Carry Limited, and you, the Customer, will automatically incorporate these Conditions which will prevail over any conditions stipulated or referred to by you.No amendments will be binding on us unless confirmed by us in writing - our sales representatives and delivery men have no authority to agree to any other terms.Your order will be taken as acceptance of these Conditions.Acceptance of any tender or a quotation made by us will not of itself constitute a contract.

(b) In any event by acceptance of deliveries the Buyer shall be deemed to accept the Terms and Conditions contained herein.

2. QUANTITIES

We do not operate a sale or return policy and orders will be for not less than the minimum quantities operated by us from time to time. The price quoted is
for the specified quantity only and will not apply to an order for any lesser quantity. All quotations for products to be delivered from stock are subject to those products being unsold on receipt of the order.

3. PRICE / PAYMENT

(a) We may alter prices to those current at the date of despatch.All prices quoted exclude VAT which is payable in addition.

(b) The Buyer hereby agrees that in the event of any cheque being dishonoured or returned to the Seller’ s Bank, unpaid
for any reason, the Seller shall be entitled to debit the Buyer’ s Account with the sum of£ 35.00
for each representation.

(c) In the event of an account being opened in the name of a Limited Company this Company reserves the right to require that one or more of the Directors of the Company enter into a personal guarantee with this Company guaranteeing payments of all monies which may have become due to this Company.

(d) If legal proceedings are issued against the buyer
for any monies owed, the costs of so doing will be added to sums owed by the buyer.The buyer will also be responsible
for unrecovered legal costs.Prior to issue of a summons the sum of£ 500 will be added to the amount owed by the buyer.The buyer will also be responsible
for third party collection costs as by any third party agents we nominate.Interest will be charged at 10 % per month on overdue amounts.

4. DELIVERY AND RISK

(a) Delivery dates are approximate only and do not form part of the contract.Delivery to your premises or those of your named(‘Agent’) will constitute delivery
for the purposes of these Conditions except where yours or the Agent’ s premises are not on the mainland of England, Wales and Scotland when delivery to a shipping agent will constitute‘ delivery’.All deliveries are in any event subject to availability of stock supplies and labour and no liability will attach to us for any loss or damage including indirect or consequential loss(e.g.loss of profit or loss of contracts) of any kind arising out of any delay in delivery nor will any delay or failure in delivery or performance entitle you to refuse to accept any delivery or other performance of or to repudiate the contract.Each delivery is to be considered a separate transaction and the failure of any one delivery will not affect the rest of the contract.

(b) You will be deemed to have accepted products and being in accordance with your order unless we are notified at the time of delivery.

(c) Risk in the products passes when they are delivered.If you fail for any reason to take delivery on the due date(a) delivery will be deemed to have taken place on the due date(b) Risk in the products will pass to you and (c) you will indemnify us in respect of any loss or expense including storage and insurance charges arising from your failure.

(d) We will not be liable for any damage to property arising from the delivery of goods into the buyer’ s premises.Delivery shall only be made to the kerbside at the stated delivery address.Time Cash & Carry accepts no responsibility for any damages caused to the buyers property whatsoever.(e) If the buyer invites the employees of the seller into his premises then the buyer shall be liable
for any injury caused to the seller’ s employees whilst on the buyer’ s premises. 

5. TITLE

(a) Despite the earlier passing of risk, title in the products will remain with us until the amount due under the invoice
for them has been paid in full.Until title passes, you will hold the products as bailee
for us and will store or mark them so that they can at all times be identified as our property.

(b) You are licensed to sell the products and will immediately, on receipt of the proceeds of sale, remit to us the full purchase price of the products.Pending payment and the passing of title, the entire proceeds of sale will be held in trust
for us and must be at all - time identifiable as our money.We will be entitled, at any time before title passes, to terminate the licence and / or to repossess and sell the products and
for that purpose to enter your premises.The License will cease automatically
if an administrator or administrative receiver or receiver is appointed over any or your assets or
if you allow a petition to be presented or pass a resolution
for your winding up or otherwise become insolvent or make any arrangement or composition with your creditors.

(c) We will be entitled to maintain an action
for the price of any products even though title in them has not passed to you.You will,
if required, assign to us your rights against third parties to whom you have supplied products
for which you have not been paid.

(d) The rights set out above are in addition to all rights and remedies otherwise available to us at law and / or in equity.

6. THIRD PARTY RIGHTS

Where products, containers, packaging or are manufactured and / or supplied to a recipe specification or instructions supplied by you warrant that such recipe specification or instructions will not result in the infringement of any rights(including without limitation any rights in respect of confidential information or trade secrets) belonging to a third party and will indemnify us in respect of any loss or expense(including legal fees) which we may incur in connection with any such claim or threatened claim by a third party.

7. LIABILITY

(a) These Conditions contain all the terms under which contracts are entered into by us and except as specifically mentioned no warranty or condition as to description, condition, quality or suitability
for purpose whether collateral to the contract or otherwise given(or deemed to have been given) or implied and any statutory or other warranty or condition whether express or implied and whether collateral to the contract or otherwise is hereby excluded.

(b) Products sold in the UK are intended only
for sale and consumption in the UK.We accept no responsibility whatsoever or howsoever arising where products are exported from the UK regardless of whether we knew or ought to have known that the products were to be exported.

(c) We will not be liable to you(other than
for death or personal injury resulting from our negligence) except in accordance with this Condition
for any loss or damage of any kind arising from any breach of any express or implied warranty or condition of the contract or from any negligence or breach of statutory or other duty by us or in any other way in connection with the performance or purported performance of or failure to perform the contract.

(d) Where European Article Numbers Codes and Symbols(‘Codes’) are applied to our products we will not be liable
for any loss or damage suffered by you arising out of the use of codes.However,
if the code was incorrectly supplied by us, we will at our option replace such products or allow you credit
for their invoice value in full and final settlement of our liability.

(e) If you establish and notify us at the time of delivery that any products have not been delivered or have been delivered damaged or are not of the correct quantity(subject to Condition 2 above) or do not comply with their description or are defective, we will at our option replace such products or allow you credit
for their invoice value in full and final settlement of our liability.

(f) In no circumstances will our liability to you exceed the invoice value of the products nor will we be liable
for any indirect or consequential loss including loss of profit business or contracts howsoever arising.

(g) You will indemnify us in respect of any loss or expense which we may incur in any actual threatened claim or action whether civil or criminal howsoever arising in connection with your failure to comply fully with your obligations under the contract with us or generally under statute or other legislation or codes of practice etc.whether or not incorporated in these Conditions or any other contract between us including but without limitation the Consumer Protection Act 1987(as amended or modified from time to time) and any codes made under or by reference to it.

8. FORCE MAJEURE

We will not be liable for any delay or failure in the performance of our obligations under the contract caused by factors outside our control including but without limitation delay or failure in the performance of sub - contractors by reason of factors outside the control of the sub - contractors shortages of raw materials, supplies, labour and transport.

9. MISCELLANEOUS

(a) No orders may be cancelled without our prior notice and we may subcontract the performance of the contract in whole or in part.

(b) We may suspend or terminate the supply of products
if you fail to make any payment or otherwise
default in any of your obligations under the contract or any other agreement with us or become insolvent or have an administrator or administrative receiver or receiver appointed over your business or you are compulsorily or voluntarily wound up or
if we in good faith believe that any of those events may occur.

(c) Any notice to be given under the contract will be in writing and telexed or forwarded by first class prepaid letter to the receiving party and will be deemed to have been given on the date of the telex or on the day following that on which the notice was posted.

(d) No goods shall be returned to the Seller without prior authorisation of the Seller.

(e) The construction and performance of these Conditions will be governed by English law and all disputes which may arise under, out of or in connection with or in relation to these Conditions or their subject matter will be referred to a single arbitrator in accordance with the Arbitration Act 1950 or any statutory modification or re - enactment of it
for the time being in force.

(f) If the sum owed to the supplier remains outstanding, the supplier shall have the right to enter the purchasers premise and remove goods to the value of the sums outstanding on the purchasers account.The said goods whether supplied by Time Cash & Carry or not shall be sold to reduce or extinguish the purchasers’ indebtedness to the supplier.





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