General
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website. Your continued use of this web site shall signify your acceptance to be bound by the latest terms and conditions. You also confirm that you have authority to bind any business on whose behalf you use this website.
Conditions
These conditions shall form the basis of the contract between the seller and the buyer in relation to the sale of the goods, to the exclusion of all other terms and conditions including the buyer’s standard conditions of purchase or any other conditions which the buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for goods and services, including orders placed on this website, shall be deemed to be an offer by the buyer as a tradesperson to purchase goods from the seller pursuant to these conditions. Should you be a consumer and wish to avail yourself of the protection afforded under the Direct Selling Regulations it is your responsibility to advise us by entering the word "Home" in both the "Bill to Company" and "Ship to Company" fields at time of registration or login.
These conditions may not be varied except by the written agreement of the seller.
These conditions represent the whole of the agreement between the seller and the buyer. They supersede any other conditions previously issued.
Order Process
The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Culinary Innovations Ltd.
Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order.
We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.
Deliveries
Carriage charges are applicable to England, Wales and Southern/Central Scotland. For all other areas such as the Isle of Man, Northern Ireland, Channel Islands, Isles of Scilly and the Scottish Highlands and Islands we reserve the right to alter the method of carriage for the original delivery and for the collection of goods without prior notice and/or re-calculate and charge on to the customer any supplementary shipping charges. Details of all mainland delivery charges and current shipping policies can be found by linking here.
Delivery of the goods shall be made to your business address or other secure and accessible delivery location open between normal working hours of 08:00 to 18:00 Monday to Friday. Deliveries outside of these parameters may fail and result in a re-delivery charge or a premium for a higher standard of service. You shall make all arrangements necessary to take delivery of the goods, failure to do so resulting in goods being returned to us as undelivered will not be automatically re-shipped. We reserve the right to seek reimbursement of expenses incurred for attempted consignments returned to us as failed deliveries.
We will undertake to use all reasonable endeavour to despatch the goods on an agreed delivery date within a reasonable time scale, but do not guarantee to do so (lead times can be up to 28 working days). Not all of the items within our web catalogue are available for immediate despatch and therefore we shall inform you within a 48 hour period as to the availability of your item(s) and its estimated despatch date by email. Time of delivery shall not be the essence of the contract.
We shall not be liable to you for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods. If short delivery does take place, you undertake not to reject the goods but to accept the goods as part of performance of the contract.
We do accept web orders from outside the UK and will ship to all destinations worldwide subject to a separate shipping quotation and a secured payment for increased carriage costs. Goods for delivery outside the UK are sold on free of board (fob) terms and property and risk shall pass to the buyer when goods are delivered on board ship.
For all export orders please contact us for a quotation.
All goods must be signed for by an adult aged 18 years or over on delivery.
Loss or Damage in Transit
In the unlikely event that you receive a damaged package and suspect the goods inside are damaged the carrier’s receipt must be endorsed “damaged.” If subsequently the goods are found to be damaged, Culinary Innovations Ltd. must then be contacted in writing (letter, fax or e-mail) within 7 working days. Delivery notes signed “unexamined” are not sufficient to uphold a claim.
If upon delivery, you sign for the goods as goods received in “good condition” (clear signature only) and subsequently find the contents are damaged or items are missing, we require verbal notification by 17:00 on the next working day to uphold a claim.
If goods are found to be damaged and correct notification has been given then the goods will be replaced as soon as possible.
If goods are lost in transit or have gone missing please notify us immediately, failure to do so may result in forfeiture of any claims to the goods.
Events
All training course spaces booked by delegates will receive a booking confirmation outlining the nature of the event and details of venue and times. This booking confirmation constitutes a delivery and once issued is entirely non-refundable except due to unforeseen circumstances outlined below as "force majeure". Should you wish to cancel a space in exchange for a future date there will be a re-booking fee.
Pricing & Discounts
The total cost of your order is that which is displayed at the time of checkout – all prices exclude VAT and will be charged at the current rate of 20%. A 2% surcharge will also be made on purchases using the American Express card-scheme after checkout.
We reserve the right to impose a minimum order charge of Ł30.00 excluding carriage and VAT.
All prices and the discounts applicable to Culinary Innovations Ltd. and/or services are subject to change without notice.
All prices exclude carriage charges unless otherwise stated.
Payment & Interest
Unless a prior credit agreement has been arranged, we take payment from your credit, debit or company card at the time we receive your order and once we have checked your card details.
Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
The price you pay is the price displayed on this website at the time we receive your order.
Payment can be made by any method specified in this website.
Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of the payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
Quality
Sometimes the product specifications from our principals may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.
All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
We reserve the right to alter our designs without prior notice.
Risk/Title
Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of the first attempted delivery by us or any third party carrier company.
Ownership of the goods shall not pass to you until we have 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 us from you on any account.
We shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from ourselves.
Title
As a business customer, until ownership of the goods has passed to you, you must:
a) store the goods (at no cost to ourselves) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as our property;
b) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
c) maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to the reasonable satisfaction of ourselves
On request you shall produce the policy of insurance to ourselves; and condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction.
If you are a business customer your right to possession of the goods shall terminate immediately if:
a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
c) you encumber or in any way charge any of the goods.
Changes, Cancellation and Returns
Culinary Innovations Ltd. reserves the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof.
All items returned to Culinary Innovations Ltd. by pre-arrangement and found to contain no fault, will be subject to a 20% restocking charge, provided the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of Culinary Innovations Ltd.
Culinary Innovations Ltd. will not accept goods for credit or rectification unless such return has been authorised by us and the goods are received by Culinary Innovations Ltd. in stock condition, with original packaging. You shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned to Culinary Innovations Ltd. for service or credit. Risk will remain with you until goods are received in full to Culinary Innovations Ltd.. The onus of proof of safe delivery shall rest with you.
No credit shall be allowed for goods until they have been received complete, unused and undamaged. A full credit will only be given on items returned within 14 Days from Purchase and agreed by ourselves. If a credit is to be given, the original carriage charge and any card-scheme surcharges will not be refunded or credited.
Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our principals. You are permitted to use this material only as expressly authorised by us or our principals.
Warranties
All appliances supplied by us are warranted free from defects in materials and workmanship for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.
If the appliances supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing via the e-mail address or fax number publicised in this web site.
Repairs Carried Out Under Warranty
All equipment to be repaired under warranty must be returned to us first for an initial inspection. This inspection will form the basis of any warranty claim. Whilst we seek to hold most of the important parts of our machines we cannot guarantee that all parts will be immediately available nor can we guarantee the immediate availability of an engineer or a substitute loan model. We will however advise you of an estimated time of return once our inspection is complete. We shall not be liable to you for any costs of transportation before our initial inspection is completed nor shall we be liable for any loss whilst the machine is off-site and in need of repairs.
Liability and Indemnity
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
Subject to the abovementioned statement, Culinary Innovations Ltd. will use reasonable endeavours to verify the accuracy of any information on this web site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be 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, reliability of the website. Culinary Innovations Ltd. will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Culinary Innovations Ltd. accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
Subject to the abovementioned statement, other than as expressly provided in these terms and conditions with respect to specific products, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Subject to the abovementioned statement, Culinary Innovations Ltd. will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
a) economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings);
b) or loss of goodwill or reputation;
c) or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
Notwithstanding the above, Culinary Innovations Ltd.’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Force Majeure
Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure"), provided the same arises without the fault or negligence of such party and the affected party notifies the other party within two working days of becoming aware of the same of such event of force majeure and the manner and extent to which its obligations are likely to be prevented or delayed, and provided also that the occurrence of any such event of force majeure shall not have the effect of discharging or postponing the affected party's payment obligations hereunder.
If any event of force majeure occurs, the date(s) for performance of the obligation(s) affected shall be postponed for so long as is made necessary by the event of force majeure provided that if any event of force majeure continues for a period of or exceeding 30 days, the non-affected party shall have the right to terminate any agreement governed by these Terms and Conditions forthwith on written notice to the affected party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure.
Miscellaneous Provisions
The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of the City of Leicester. English is the only language offered for the conclusion of the contract.
To provide increased value to our customers, 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:
a) the privacy practices of such websites,
b) 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
c) 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.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Culinary Innovations Ltd..
Culinary Innovations Ltd. reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the UK Contracts (Rights of Third Parties) Act 1999) except:
a) Culinary Innovations Ltd. shall have the right to enforce any rights or benefits under these terms and conditions;
b) Culinary Innovations Ltd. shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) A person who is a permitted successor or assignee under of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
No delay or failure by Culinary Innovations Ltd. to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Culinary Innovations Ltd..
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Culinary Innovations Ltd. relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Culinary Innovations Ltd. for your use of this website.
Complaints & Correspondence
Complaints can be made in writing to the address shown below or via e-mail to: info@culinaryinnovations.co.uk
Culinary Innovations Ltd.
Unit 2, Smiths Old Yard
Fernie Road
Market Harborough
LE16 7PH
Your statutory rights are not affected by any of these terms and conditions. We reserve the right not to accept of fulfil your orders at any time without giving a reason.
We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding the Culinary Innovations Ltd.’s website please contact us.
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