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Terms

Terms of Sale

EFSDistribution trading name of EFS LTD

15 Queen Sqaure

Leeds

LS2 8AJ

08450502999

 

The Buyer’s attention is in particular drawn to the provisions of condition 10.

1. Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these conditions.

Buyer: the person, firm or company who purchases the Goods from the Company.

Company: EFS Limited trading as EFS Distribution.

Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.

Delivery Point: the place where delivery of the Goods is to take place under condition 4.

Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to one gender includes a reference to the other gender.

1.5 Condition headings do not affect the interpretation of these conditions.

2. Application of terms/cancellation

2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These conditions apply to all the Company’s sales of Goods and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.4 Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company despatches the Goods to the Buyer. Condition 11 applies (discretion to decline to supply).

2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2.7 Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

2.8 These terms do not apply to the supply of training or other services by the Company. If the Buyer purchases both Goods and services; these terms apply to the sale of Goods and the Company’s standard terms relating to the supply of services will separately apply to the supply of those services.

2.9 If a contract has been made under these terms and the Buyer purports to cancel that contract, the cancellation will only be accepted by the Company on the following terms:

(a) The Company will not accept the cancellation of a contract relating to Goods made or to be made to the Buyer’s order;

(b) The cancellation of a contract relating to Goods which are not made or to be made to the Buyer’s order shall be effective only if agreed in writing by the Company;

(c) A handling charge at the Company’s standard rate from time to time will be charged in relation to the cancellation being not less than 15% of the contract price of the Goods;

(d) All Goods already delivered must be returned to the Company in re-saleable condition at the Buyer’s expense in their original packaging within 3 working days of purported cancellation.

3. Description

3.1 The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgement of order. Specification may be altered from time to time and the Company, having provided details of Goods supplied under a Contract shall be under no obligation to notify the Buyer of variations to Goods which may have been supplied under a prior Contract.

3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

4. Delivery

4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company’s place of business.

4.2 Where Goods are to be despatched, Goods will be despatched by the Company’s choice of carrier, and delivery shall be made when the Goods are received by the Buyer

4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

4.4 The Company aims to supply Goods for which payment has cleared within 1 working day of receipt of funds or cheque clearance if later.

4.5 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.

4.6 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:

(a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);

(b) the Goods shall be deemed to have been delivered; and

(c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

4.7 The Buyer is fully responsible for ensuring that any and all Goods exported from the Company to the Buyers delivery address outside the UK must comply with the laws and regulations of the importing country and the Company will not be held liable for any goods held, returned or destroyed by customs officials for any reason including but not limited to incorrect documents or licences, compliance with the laws of the land.

4.8 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.

4.9 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

4.10 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

5. Non-delivery

5.1 The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 5 working days of the date when the Goods would in the ordinary course of events have been received.

5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note or, at the option of the Company, a refund, at the pro rata Contract rate against any invoice raised for such Goods.

6. Risk/title

6.1 The Goods are at the risk of the Buyer from the time of delivery.

6.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:

(a) the Goods; and

(b) all other sums which are or which become due to the Company from the Buyer on any account.

6.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:

(a) hold the Goods on a fiduciary basis as the Company’s bailee;

(b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;

(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

(d) maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.

6.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

(a) any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and

(b) any such sale shall be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.

6.5 The Buyer’s right to possession of the Goods shall terminate immediately if:

(a) the Buyer (being an individual) has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or

(b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or

(c) the Buyer encumbers or in any way charges any of the Goods.

6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

6.7 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.

6.8 Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.

6.9 On termination of the Contract, howsoever caused, the Company’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.

7. Price

7.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery. The Company reserves the right to review its prices from time to time.

7.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.

8. Payment

8.1 Subject to condition 8.4, payment of the price for the Goods is due in pounds sterling in cleared funds (or such other currency as is specified in the order) in the case of pro-forma orders prior to despatch of the Goods and otherwise within 30 days of the date of invoice.

8.2 Time for payment shall be of the essence.

8.3 No payment shall be deemed to have been received until the Company has received cleared funds.

8.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

8.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

8.6 If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the monthly rate of 3%, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

8.7 Payments can be made using the website or by calling 08450502999 or bank transfer. If payment is made by bank transfer the buyer will be liable for all banking charges for both the sending and receiving bank.  Credit card and paypal payments may incur a surcharge of no more than 3%.

9. Quality

9.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.

9.2 The Company warrants that (subject to the other provisions of these conditions) on delivery the Goods shall:

(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

(b) be reasonably fit for their stated purpose; and

(c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and the Company, acting by one of its directors, has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Company.

9.3 The Company shall not be liable for a breach of any of the warranties in condition 9.2 unless:

(a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 5 working days of the time when the Buyer discovers or ought to have discovered the defect; and

(b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns all such Goods to the Company’s place of business at the Company’s cost for the examination to take place there.

9.4 The Company shall not be liable for a breach of any of the warranties in condition 9.2 if:

(a) the Buyer makes any further use of such Goods after giving such notice; or

(b) the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or

(c) the Buyer alters or repairs such Goods without the written consent of the Company.

9.5 Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with any of the warranties in condition 9.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods or the part of such Goods which is defective to the Company.

9.6 If the Company complies with condition 9.5 it shall have no further liability for a breach of any of the warranties in condition 9.2 in respect of such Goods.

10. Limitation of liability

10.1 Subject to condition 4, condition 5 and condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

(a) any breach of these conditions;

(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

10.3 Nothing in these conditions excludes or limits the liability of the Company:

(a) for death or personal injury caused by the Company’s negligence; or

(b) under section 2(3), Consumer Protection Act 1987; or

(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

(d) for fraud or fraudulent misrepresentation.

10.4 Subject to condition 10.2 and condition 10.3:

(a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to £2,000,000 with respect to any claim; and

(b) the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

12. Discretion to Decline to Supply

12.1 The Company reserves the absolute discretion as to whether to supply Goods to the Buyer in accordance with its policies from time to time and which will be dependent on issues of but not limited to, Brand protection, credit worthiness, quantity and reliability of orders and such other factors as the Company considers relevant.

12.2 The Company shall not be obliged to give any reason to the Buyer as to why it will not supply or continue to supply Goods to the Buyer.

13. Intellectual Property rights

13.1 As between the Company and the Buyer, all Intellectual Property Rights shall be owned by the Company.

13.2 For the purposes of this condition, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade, dress or get up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

14. Assignment

14.1 The Company may assign the Contract or any part of it to any person, firm or company.

14.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

15. Force majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

16. General

16.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

16.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

16.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

16.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

16.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

16.6 This 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 English law, and the parties submit to the exclusive jurisdiction of the English courts.

17. Notices and other Communications

17.1 All notices between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by email:

(a) (in case of notices to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or

(b) (in the case of notices to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.

17.2 Notices shall be deemed to have been received:

(a) if sent by pre-paid first or second class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

(b) if delivered by hand, on the day of delivery; or

(c) if sent by email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day to enquiry@EFSdistribution.com.

17.3 No notices shall be served by email but all other communications between the parties under any Contract under these terms may be by email.

 

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General Website Terms

This page (and any of the documents referred to on it) tells you the terms and conditions on which we supply any of the products (the "Products") on our website http://EFSdistribution.com (the "Website") or displayed in one of our brochures or catalogues or anywhere else ("Marketing Literature").  Please read these Terms and Conditions carefully before purchasing any Products.  We accept orders for Products over the telephone and through the Website and you should understand that by purchasing any of our Products and by using the Website, you confirm that you have read these Terms and Conditions and agree to be bound by these Terms and Conditions. Your statutory rights are not affected.

1. Information about us

1.1 EFSdistribution.com is a website operated by EFS Distribution ("we", "us", "our"). We are a trading name of EFS Limited registered in England and Wales under company number 06935821 and our registered office is 15 Queen Square, Leeds, LS2 8AJ.

2. About You

2.1 By placing an order with us over the telephone or on the Website, you confirm that you are over 18.

3. Purchase of Products

3.1 You can place an order with us on the Website or over the telephone by calling on [  08450 50 2999 ].

3.2 The placing of a Product on our Website or in any of our Marketing Literature is not an offer by us to sell at the price shown nor is it binding on us. It is simply an invitation to accept offers for such Product. We do not have to accept your order (whether or not your order has been confirmed and the credit card been charged).

3.3 The Product details set out on the Website or in other Marketing Literature may change without notice.

3.4 After placing an order, you will receive an e-mail or written notice from us confirming whether we have accepted your order in whole or in part.  We shall only supply the Products which we have confirmed to you.

3.5 In the event a Product is listed at an incorrect price, we will inform you of the correct price by telephone, e-mail or by other written notice and we will give you the choice of either purchasing the Product at the correct price or cancelling your order.  If you confirm you want the Product at the corrected price we will deliver the Product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Product (if the Product has been sent out) give you your money back.

3.6 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable before delivery we will contact you and give you the choice of your money back or of purchasing an alternative Product.

3.7 We advise all customers wanting to purchase food products to buy a sample pack first in order to test the taste and quality of the food product. 

4. Delivery Dates

4.1 Please note that we source the Products from third party manufacturers and therefore cannot supply the Products within a set timescale from the date of your order.  Orders are typicaly dispatched within 48 hours, however, on rare occasions delivery may take up to 12 weeks from placing an order. Our manufacturers produce the products to meet demand and we shall try to provide you with an estimated delivery date but you agree that any date or time stated for delivery will be an estimate only and we will not be liable to you for any losses you may have for any delay in delivery.

5. Third Party Websites

5.1 The Website may contain links to the websites of other companies and third parties.  We are in no way responsible for the content of any such website or in relation to anything which you purchase from them.

6. Cancellation Rights

6.1 (This Clause has been removed pending review)

6.2 In respect of none bespoke products only, if you are entering into the contract as a consumer you may cancel the contract anytime up to and including the seventh day after the day on which the Products are delivered to you by notifying us by telephone [or by email] or by post at the address set out at the beginning of these Terms and Conditions. 

6.3 If you cancel the contract under condition 6.2 above you must return the Products to us at the address set out at the beginning of these Terms and Conditions at your own cost and risk.  If you cancel the contract and then you receive the Products you must not unpack them from their packaging but must immediately send them back to us, at our cost.

6.4 In any event, you must return the Products to us within 14 days of receiving them.

6.5 If you do not return the Products to us within 14 days of notifying us that you wish to terminate the Contract, we will contact you.  If we have to collect them from you we will deduct any costs we incur in recovering the Products from your payment to us prior to re-crediting your charge card.

6.6 If within 30 days of you notifying us that you wish to terminate the contract, the goods have not been returned to us or we have been unable to collect the goods from you, we reserve the right to take all necessary action against you (including litigation proceedings where we see fit) for your breach of statutory duty.

6.7 Provided that we receive the Products in the condition they were in when delivered to you then we will re-credit your charge card with the amount debited for your order for the Products in question as soon as possible.

6.8 Until you return the Products to us you must keep them in your possession and take reasonable care of them.

6.9 If you are purchasing the Products in the course of a business and you are not a consumer, you may only cancel a contract where a Product is defective.

7. Defective Products

7.1 We agree that the Products will meet the [manufacturer's specification] shown on the Website where you store and use the Products in strict accordance with the instructions detailed on the packaging and/or any other instructions given to you in respect of the Product.  We do not give any guarantees that that the Products will meet this specification where you do not store and use the Products exactly as instructed.

7.2 If the Product delivered is defective, not what you ordered, or damaged on delivery please let us know straight away and at the latest within 3 days of delivery and we will arrange for the Product to be collected.  You should keep your delivery note. If the box or outer packaging of the Product is damaged in any way on delivery, do not sign for the Product as your signature shall be taken as confirmation that the Product packaging was in good condition and undamaged at the point of delivery. 

7.3 We will repair, replace or refund you for the price paid for any Product which is found to be incorrect or damaged or defective on delivery for a period of 1 month after delivery.

7.4 If you choose to exchange the Product, any additional payments must be included with the returned Product.  A replacement Product will not be despatched until we have received the further payment.

7.5 Risk and responsibility for the Product passes to you when the Product is signed for at the delivery address stated in your order. We are not responsible for any damage or loss to the Product after risk passes. 

7.6 Ownership of the Product only passes to you when we receive full payment of all money due, including delivery charges.

8. Usage of the Product

8.1 You agree to follow the Instructions when storing and using the Products; and, not to use the Products after the use by date.

9. Price and Payment

9.1 The price of the Products excludes VAT (where applicable) and excludes delivery costs, which will be added to the total amount due. 

9.2 Payment for all Products must be by credit or debit card.  Any payment made using a credit card shall have a surcharge of 2% of the total cost.  We shall not send any Product to you until we receive confirmation of payment.  

10. Our Liability

10.1 We have taken all reasonable steps to ensure the information on the Website and in our Marketing Literature is accurate, complete and up to date, but such information and the Website is provided on an "as is" and "as available" basis and we give no promise to you that the accuracy or completeness of the content of the Website and/or Marketing Literature.  We also cannot promise that the Website or any of our telephone numbers shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. 

10.2 Access to and use of the Website is at your own risk. We do not warrant that the use or functionality of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or anything else which may be harmful or destructive. We recommend that you take all appropriate safeguards before downloading information or images from the Website.

10.3 In respect of any right to sue (including for negligence) arising out of or in connection with the Contract, our entire liability shall be limited to:-  
   
(a) repairing or supplying the Product again; and/or
(b) refunding the amount paid by you in respect of the Product purchased.

10.4 We do not exclude our liability for:

(a) personal injury and death caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability under the Consumer Protection Act 1987.

10.5 Subject to clause 10.4 above:

(a) we shall not be liable to you for any loss of profit; or loss of business; or loss of anticipated revenue or savings (whether direct or indirect loss); or loss of contract; or loss of use; or loss of goods; loss of or corruption to data or information; or any special, consequential or indirect or pure economic loss, costs, damages, charges or expenses;
(b) our aggregate liability arising under or in connection with the contract and/or the supply of the Product to you shall not exceed an amount equal to the price paid for the Product delivered to you under these Terms and Conditions.

10.6 You agree that we shall not be liable for any death or personal injury where it results from your negligence or negligent use of the Products; or where it results from you not following the instructions, including without limitation where you use the Product after any specified use by date.   

10.7 Except for anything expressly set out in these Terms and Conditions all warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.

11. Notices

11.1 All notices given to us must be given to EFS Ltd at 15 Queen Square, Leeds, LS2 8AJ or enquiry@EFSdistribution.com. We may give you notice via e-mail or postal address.  Notice will be received and properly served up to 72 hours when posted on our website, 72 hours after an e-mail is sent, or three days after the date of posting of any letter.

11.2 We are required to provide some of the information or communications to you in writing.  Where you provide us with an email address, you accept that communication will be mainly electronic.  We may contact you by e-mail or provide you with information by posting notices on the Website.  You agree to 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 does not affect your statutory rights.

12. Intellectual Property

12.1 All intellectual property including without limitation, patents, registered designs and any rights to apply for the same, copyright, trade marks, design rights, database rights, rights in and to confidential information and know-how and any rights analogous to the same subsisting anywhere in the world at any time in the Website, the Products, EFS Distribution, EFS Distribution, or their respective businesses belongs to us or our suppliers and licensors as applicable.

12.2 All Website, design, text and graphics belong to us.  You are not permitted to use the Website in any way that may infringe our intellectual property rights in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission. You are allowed to download and print out pages from the Website when you do it for your own personal information.

13.Events outside our control

13.1 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").  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

13.2 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 attempts to bring the Force Majeure Event to an end or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. General

14.1 At any time during the term of a contract, if we do not insist upon performance of any of your obligations under the contract or any of these Terms and Conditions or use our rights under the same, it shall not constitute a waiver of those rights.  A waiver by us of any default shall not amount to a waiver of any following default.  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

14.2 If any of these Terms and Conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, such part will be severed from the remaining terms, conditions and provisions which will continue to be valid.

14.3 These Terms and Conditions and any document referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us.  We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other.  Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any contract (unless the statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.  Neither party excludes its liability for fraud.

14.4 We have the right to change these Terms and Conditions to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

14.5 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us.

14.6 Contracts and any dispute or claim arising out of or in connection with them will be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

14.7 The contract between you and us is binding on you and you may not transfer or assign your obligations under the contract without our prior written consent.

15. Contact Details

EFS Limited trading as:
EFS Distribution
15 Queen Square
Leeds
LS2 8AJ
Tel: 08450 50 2999 
Email: info@EFSdistribution.com

16. Privacy Policy

“Information you enter into our registration forms may be collected and stored briefly by us so that we may contact you in relation to the nature of your attempted transaction, even if you don't confirm the transaction. This may be used to send operational emails to enquire as to why the purchase was not completed. We will not use this data for any other purpose, we won't store it for longer than necessary and we certainly won't share it with any other company. Our aim is simply to provide you with the highest level of service that we can.” 

Privacy Policy 

We at EFSdistribution.com are totally committed to protecting your privacy. We comply with the principles of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations.

We collect information about you in order to process your order and to tailor your visit to our website to be as relevant to you as possible. That information will only be shared with other parties that are involved in the fulfilment of your order. We do not send random marketing emails to personal email addresses (spam).

The information we hold may include:
Your name
Address
Phone number
Email address
Other information necessary for processing your order

This data will be held in accordance with our internal security policy. If we propose to send your data outside the European Economic Area (EEA) we will seek your consent first.
We will never collect sensitive information about you without your agreement. You have a right to ask for a copy of the information which we are holding on you and we will provide this for a small fee. We will delete information or correct any inaccuracies at no charge as soon as you make the request. Data will only be released to third parties (e.g. the police) on request where there is a legal requirement for us to do so.

Cookies – what they are and how we use them

Cookies are small text files that our website and sometimes emails place in your computer to ensure that your experience of our offerings is as effective as possible. They remember any options you have chosen for example and your password or particular interests. They also enable us to track visitors’ usage of our site so that we can continuously improve it. There’s nothing mysterious about them and they do not collect personal data.

Like pretty much all website owners we have always operated cookies and you have had the benefit of using them. EU regulations now require us to inform you of what they are and give you the option to prohibit them if you wish.

We’re using the word ‘cookies‘ here to include things like ‘web beacons’ and ‘Flash cookies’ which serve similar functions. ‘Your computer’ includes anything connected to the internet including laptops, office machines, tablets, mobile phones and so on.

Now, or in the future, we may use cookies in the following categories:

Necessary. Without these our website will not function correctly.
Helpful – to us and to you. We monitor visitor activity on our website (without collecting any data on you) so that we can improve the site structure, page routing options and processing systems to help all visitors. These cookies also help us to guide you to pages likely to be of most interest to you.
Personal – for your benefit. These cookies remember your password and other preferences and can allow you to link onwards to watch a video or join in an online conversation. 
Third party adverts. They do not know who you are and we don’t tell them. But they may be included on our site to invite you to follow an interest. There’s more details on these at www.youronlinechoices.eu for EU consumers and at www.aboutads.info/choices for those in the USA.
On emails. We may use web beacons to check whether our emails are actually opened and whether any links in them are clicked on. That way we learn not to send you junk. If you choose plain text to download instead of HTML the web beacon is eliminated. And all our emails also give you a total opt-out procedure.
The above has been a simple introduction to cookies, what they are and why we use them. You can find out much more if you wish at http://www.ico.gov.uk/for_the_public/topic_specific_guides/online/cookies.aspx
Rather than listing data on all the cookies we use or may use in the future you will almost certainly find it quicker and easier to set your web browser to control cookie usage on all the sites you visit. The ICO site shown covers all the details of how to do this. Another really good one is www.allaboutcookies.org. If you have a very old browser you may need to bring it up to date to use effective cookie controls.

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