- DEFINITIONS
1.1 Miss Coffee Ltd trading as / also known as Miss Coffee is a private limited company registered in England and Wales, company registration number 09846343, registered address 43 Crown Walk, Derby, DE1 2NP.
1.2 “Conditions” means the terms and conditions set out on this page and any special terms and conditions agreed in writing between Miss Coffee and the Buyer.
1.3 “Contract” means the contract for the purchase and sale of the Goods.
1.4 “Buyer” means the person purchases, or seeks to purchase, Goods from Miss Coffee.
1.5 “Goods” means the products and services, which the Buyer agrees to buy from Miss Coffee.
1.6 “Price” means the price specified for the Goods, excluding transport, packaging and insurance.
1 7 “Delivery Date” means the date specified by Miss Coffee when goods are to be delivered.
1.8 Any reference herein to any provision of a statute shall be interpreted as a reference to such provision as amended, re-enacted or extended at the appropriate time.
2 SALE TERMS
2.1 These conditions shall be applicable to all contracts for the sale of Goods by Miss Coffee to the Buyer to the exclusion of all other conditions including any conditions which the Buyer may refer to apply under the purchase order, confirmation of order or related document.
2.2 All orders for any Goods shall be deemed to be an offer by the Buyer to purchase Goods based on the conditions herein.
2.3 An acceptance of the delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of the conditions here.
2.4 Any modification of the Conditions (including any special conditions agreed between the parties) shall be inapplicable except agreed in writing by Miss Coffee.
2.5 Any advice or recommendation provided by Miss Coffee to the Buyer is followed or acted upon at the Buyer’s sole risk, and accordingly, Miss Coffee shall not be liable except any such advice or recommendation is about the storage, application or use of the Goods, and is confirmed in writing by Miss Coffee.
2.6 Any typographical error, or other error or omission in any sales literature, quotation, acceptance of offer, invoice, price list, or other document or information issued by Miss Coffee shall be subject to correction without any form of liability on the part of Miss Coffee.
3 PAYMENT AND PRICE
3.1 The Price shall be the Miss Coffee’s quoted Price which shall be binding on Miss Coffee provided that the buyer shall accept Miss Coffee’s quotation within fourteen (14) days. The Price includes value added tax (VAT), except for Goods without VAT.
3.2 Miss Coffee reserves every right by giving notice to the Buyer at any time before the delivery to increase the Price of any Goods in according to any increase in the cost to Miss Coffee, which is owing to any factor beyond the control of Miss Coffee (such as, without any limitation, any foreign exchange fluctuation, alteration of duties, increase in costs from our suppliers, currency regulation, increase in the cost of labour, materials or the costs of manufacturing), any change in the delivery dates, specifications or quantities for the Goods requested by the Buyer or any form of delay caused by the Buyer’s instructions or failure of the Buyer to give Miss Coffee sufficient information or instructions regarding the order.
3.3 If the Buyer is unable to make the necessary payment when due, then without any prejudice to all other rights or remedies available to Miss Coffee, we shall be entitled to:
3.3.1 terminate the contract or suspend any further deliveries to such a Buyer; and
3.3.2 appropriate any payment already made by the Buyer, or Goods supplied under any other arrangements between the Buyer and Miss Coffee, as Miss Coffee may deem fit (regardless of any purported appropriation made by the Buyer).
4 THE GOODS
4.1 The description, quantity, and any specification for the Goods shall be set out in Miss Coffee’s quotation or acknowledgement of order or, if accepted by Miss Coffee, the Buyer’s order.
4.2 The Buyer shall be solely responsible to Miss Coffee for ensuring the accuracy of the conditions of any order submitted by the Buyer as well as for giving Miss Coffee any necessary information regarding the Goods within a sufficient time to enable Miss Coffee to perform the Contract in line with its conditions.
4.3 If any Goods are to be specially manufactured or any unique process is to be applied to the Goods by Miss Coffee in accordance with a specification submitted by the Buyer, the Buyer shall indemnify Miss Coffee against all loss and damage, costs and expenses awarded against or incurred by Miss Coffee in line with or paid or agreed to be paid by Miss Coffee in settlement of any claim for the infringement of any patent, copyright, trademark or other industrial or intellectual property rights of any other person which results from Miss Coffee’s usage of the Buyer’s specification.
4.4 No order that has been accepted by Miss Coffee may be cancelled by the Buyer unless with the agreement of Miss Coffee and on terms that the Buyer shall indemnify Miss Coffee in full against all loss (including loss of profit), costs, charges and expenses incurred by Miss Coffee as a result of cancellation.
5 DELIVERY OF GOODS
5.1 All orders are processed and dispatched within 24 hours, delivery generally within 2-3 working days. However, any delivery to the following location may take extra 3 to 5 working days, and will incur additional charges:
- Isle of Wight, postcode PO31-41
- Scottish Highlands & Islands, post code AB31-38, AB41-45, AB51-56, FK19-21, HS, IV, KA27-28, KW, PA20-88, PH5-10, PH15-26, PH30-44, ZE
- Northern Ireland, postcode BT
- Isle of Man, postcode IM
5.2 Hours apply to business days (Monday to Friday), excluding public holidays.
5.3 The Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.4 Where any Goods are to be delivered in instalments, each delivery shall be deemed as a separate contract and failure by Miss Coffee to deliver any one or more of the instalments in line with the Conditions here or any claim by any Buyer regarding any one or more instalments shall not make any Buyer to treat the entire Contract as repudiated.
5.5 If the Buyer fails to take delivery of the Goods or fails to give Miss Coffee sufficient delivery instructions at the time stated for the delivery (otherwise by reason of any cause beyond the rational control of the Buyer or by reason of Miss Coffee’s fault), then without any prejudice to any other right or remedy available to Miss Coffee, Miss Coffee may:
5.5.1 store the Goods until the actual delivery and then charge the Buyer for the rational costs (including insurance) of storage as well as any extra delivery charge;
5.5.2 choose to sell the Goods at the best obtainable price, and (after deducting all rational storage and selling expenses) inform the Buyer about the excess over the Price or charge the Buyer for any shortfall in the price.
6 CANCELLATION RIGHT AND RETURN POLICY
6.1 You may cancel this Agreement within seven (7) working days (period of cancellation) beginning the day after you receive the Goods.
6.2 To cancel you must let us know in writing that you wish to cancel. You may do this by letter or email sent within the 7 days to us. If you tell us verbally, you will still need to send confirmation in writing within the 7 days.
6.3 You cannot cancel if the Goods are made specifically for you, or you have used them.
6.4 If you wish to cancel Goods which have already been dispatched, then you must return the Goods to us at your own cost. You should return the goods within 14 days of cancellation. You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. Miss Coffee reserves the right to charge for any damages caused by failure to carry out your duty of care.
6.5 You may return any Goods you have bought for a full refund or exchange within 14 days of getting them. However, Goods specially designed or made for you are not available for return or exchange.
6.6 To return an item, it must be unused with labels and packaging intact. You are responsible for the shipping charges for such an item.
6.7 Immediately after Miss Coffee receives the returned item, we will process your exchange or refund request. Kindly note that you won’t be reimbursed for the original shipping charges. Any refunds made by Miss Coffee will be processed back to the original payment method used to place your order.
6.8 Miss Coffee assumes no responsibility for any items lost or damaged during the return shipping.
7 INFORMATION
7.1 Miss Coffee will provide the Buyer with information regarding the proper and safe use of the Goods available, and the Buyer is expected to comply with as well as shall ensure that any third party complies with Miss Coffee’s instructions or other information relating to the use of the Goods.
8 WARRANTIES AND LIABILITIES
8.1 Miss Coffee warrants that the Goods will at the time of delivery correspond to the description stated in Miss Coffee’s quotation or acknowledgement of order.
8.2 Unless where the Buyer is acting as a consumer (as described in the Unfair Contract Terms Act of 1977), all other warranties, whether implied by statute or common law or otherwise, are hereby excluded.
8.3 The warranty in clause 8.1 is given by Miss Coffee subject to the following conditions:
8.3.1 Miss Coffee shall be under no form of liability regarding any defect in the Goods arising from inaccurate information supplied by the Buyer.
8.3.2 Miss Coffee shall be under no liability in respect of any defects from wilful damage, fair wear and tear, negligence, abnormal working conditions, failure to follow Miss Coffee instructions (whether oral or in writing) misuse or modification of the Goods.
8.3.3 Miss Coffee shall be under no form of liability under the above warranty (or any other warranty) if the Price and VAT for the Goods haven’t been paid by the due date for payment.
8.4 Any claim by the Buyer based on the Goods being damaged or missing on arrival must notify Miss Coffee (whether or not delivery is refused by the Buyer) within 24 hours of Goods acceptance.
8.4.1 Any claim by the Buyer based on any defect in the condition or quality of the Goods or their failure to correspond with specifications shall (whether or not delivery is rejected by the Buyer) be notified to Miss Coffee within seven (7) days from the delivery date or (where the defect or failure wasn’t obvious on rational inspection) within a rational time after the discovery of the defect or failure.
8.4.2 If the Buyer does not notify Miss Coffee accordingly, the Buyer shall not be entitled to refuse the Goods, and Miss Coffee shall have no form of liability for such defect or failure. Also, the Buyer shall have to pay the Price as if the Goods had been delivered in line with the contract.
8.5 Where any valid claim regarding any of the Goods based on damage on arrival, defect in the condition or quality of the Goods or their failure to meet certain specifications is notified to Miss Coffee in line with these Conditions, Miss Coffee shall be entitled to replace such Goods (or the questionable part) free of charge or at the sole discretion of Miss Coffee, refund to the Buyer the Price (or a proportionate part of the Price) but Miss Coffee shall have no liability to the Buyer for any incidental costs whatsoever.
8.6 Except in damages caused by Miss Coffee’s negligence, Miss Coffee shall not be liable in any way to the Buyer by reason of any representation or any implied warranty, or any duty at relevant law or under the terms of the Contract for any consequential damage or loss (whether for loss of profit or otherwise costs, or other claims for any consequential compensation, and whether caused by the negligence of Miss Coffee or otherwise) arising out of or in line with the supply of the Goods or their usage or resale by the Buyer unless as expressly provided in these conditions.
8.7 Miss Coffee shall not be liable in any way to any Buyer or be considered to be in violation of the contract in the event of any delay in performing or the inability to perform any of Miss Coffee’s obligations regarding the Goods if the delay or failure is owing to any cause beyond Miss Coffee’s reasonable control.
9 GENERAL
9.1 No waiver by Miss Coffee of any breach of the Contract by the Buyer shall be treated as a waiver of any further breach of the same or any other provision.
9.2 If any provision of the Conditions here is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the questionable provision shall not be affected.
9.3 The Contract and the Conditions shall be governed by the laws of England.
9.4 The parties hereby submit to the exclusive jurisdiction of the English courts.
