TERMS OF TRADE | CONDITIONS OF SALE | PRIVACY AND DATA PROTECTION POLICY | DISCLAIMER
TERMS OF TRADE
HOURS OF BUSINESS 9.00am - 5.00pm Monday to Friday. We supply trading businesses only and reserve the right to refuse trade to any customer or potential customer. Please note the goods we supply must be for business use.
ORDERS FOR DELIVERY This service is free of charge provided our minimum order values are met: these are published in our price list. We reserve the right to refuse delivery if our terms of trade are not met. Deliveries are made throughout the day and specific times cannot be provided. Delivery times may vary from week to week.
PRIORITY SERVICE Priority service orders enable us to call customers with shortages and possible substitutions. Orders placed on the day before delivery are subject to our Standard service. Customers who wish to make additions to orders may do so before 3.30pm on the day before delivery. Details of Priority service versus Standard service are published elsewhere in this price list.
ORDERS FOR COLLECTION Please note that we will only process invoices for Collated goods up until 5.00pm. For a Minimum order value of £60.00 for business accounts we can collate goods for you to collect. The last order time for same day collection is 2.30pm, orders placed after this time will be ready for collection the following working day. For buying groups we can collate goods for you to collect but the minimum order value will remain the same as for delivered orders; and please, allow 24hrs before collection. We cannot take additions after the 24hr deadline, only substitutions for out-of-stocks or shortages.
DISCOUNTS Our discount scale is based on order value and delivery or pick up details. Please ask Sales about the discount we can offer you.
PAYMENTS We are no longer able to accept cash payments. Please pay by cheque on delivery, unless prior arrangements have been made. Returned or represented cheques are liable to a minimum charge of £10.00. Payment by Bank transfer, Debit card, Credit card or by Direct Debit may be arranged through Customer Accounts, please call 0845 458 1460 for further details. All goods remain the property of Essential Trading until paid in full. Prices and pack sizes are correct at the time of going to print and are subject to market change without notice.
INVOICE SIGNING All orders must be checked and signed for at the time of delivery/collection by the customer or their agent and an Essential Trading member of staff. Any errors will be noted at the point of delivery/collection. Please note that once a signature has been received we will not accept liability for errors.
CREDIT CLAIMS By prior agreement with our credit claim department only. We reserve the right to dismiss claims. We do not give cash refunds. Please refer to the claims procedure described in the previous pages.
RETURNS By prior agreement with our credit claim department only. We do not offer goods on a sale or return basis. We reserve the right to dismiss requests for the return of goods.
LATE CANCELLATION In the unlikely event that you find you no longer require your order and you wish to make a cancellation please be aware that we reserve the right to charge a cancellation fee. The fee is only applicable on orders cancelled with less than 24 hours notice from the date of delivery or collection. The cancellation charge levied will be equivalent to 20% of the order value to reflect our lost time in collating and loading the order. Where more than 24 Hours notice is given then we may be able to cancel an order without charge.
SPECIAL ORDER ITEMS We can obtain items for you which are not part of our normal stockholding. However if goods are ordered in this way, we ask customers to guarantee purchase of the goods once they have arrived at our depot. We cannot accept return of Special Order items. Please note these items may take over four weeks from ordering to delivery.
BUYING GROUPS For a buying group account the requirements are: minimum of four different households to form the group, payment on delivery by cheque or prior to delivery by credit/debit card, single delivery address suitable for a large lorry to deliver. We ask for your group to be open to new people joining, who live in your area, £300 minimum order required for delivery, and also for collected orders at our warehouse (minimum order may vary depending on location for delivery). Please note there are no further discounts available for Buying Groups - you will be purchasing from a Wholesale Catalogue at Wholesale prices.
CONDITIONS OF SALE
1.1 "The Seller" means Essential Trading Co-Operative Ltd.
1.2 "The Buyer" means the person, firm or company named as such on the invoice.
2.OTHER TERMS OR REPRESENTATIONS
2.1 All contracts are subject to the seller's conditions of sale as printed herein.
2.2 The seller shall not be bound by any variation, waiver or addition to these terms unless the same is agreed in writing.
2.3 These conditions shall supersede and override any conditions of purchase stipulated by the buyer except and to the extent that any conditions of purchase are agreed in writing by the seller.
3.DESCRIPTION AND QUALITY
3.1 Unless otherwise stated the quality shall be equal to the fair and average quality of that particular year's crop.
3.2 Due to the nature of many of the products sold by the seller, no guarantee can be given of 100% purity.
3.3 The seller is unable to make condition or warranty as to the suitability of goods for any particular purpose and it shall be the buyer's responsibility to ensure that any goods contracted for or supplied are suitable, or put them into such a condition as will render them suitable, for any particular purpose.
3.4 Due to the perishable nature of the goods sold, the seller is unable to make condition or warranty as to the length of time for which goods will remain fit for consumption. It is the responsibility of the buyer to ensure that goods are fumigated as necessary.
3.5 Should any goods not conform to their description or sample or not be of merchantable quality then such goods shall be accepted, but a fair allowance shall be made which shall be the buyer's sole remedy. Such allowance to be limited to the appropriate proportion of the purchase price. The buyer shall forfeit the right to claim such an allowance if the claim is not made within seven days of delivery.
3.6 When the condition of any goods is changed by virtue of processes initiated by buyers/receiver, the goods are deemed to be accepted and no claims can then be considered.
4.1 The quantities contracted for sale are estimated. The words "about" or "more or less" or similar words when applied to the contract quantity mean that the quantity to be shipped or delivered will not be more than 10% more or less than the quantity specified.
5.1 The price of any contract is based on current costing. Should the price to the seller be increased due to any increases in freight, duty, levy, minimum import price, value added tax, insurance, transport, landing or warehousing or other charges, then such increases shall be for the buyer's account.
6.1 All goods shall be paid for at the time of receipt, unless previously arranged in writing.
6.2 There will be a charge of 1% (with a minimum charge of £5) for every two weeks, or part thereof, delay in payment. Cheques returned to the seller will be charged at 1% of cheque value (minimum charge £10), plus 1% of cheque value (minimum charge £5) for each representation.
6.3 Payment by cheque or any other negotiable instrument will be deemed conditional payment.
7.RIGHTS TO TERMINATE OR DELAY
7.1 The seller shall have at any time the right to demand from the buyer payment of all overdue accounts, whether for goods supplied under this or any contract of sale and in the event of the buyer failing to comply with such a demand, the seller may delay delivery until such overdue accounts are paid.
7.2 If the buyer should become insolvent, go into or be placed in receivership or liquidation, has suspended payment of debts or is making any arrangements with creditors the seller may, without prejudice to any other right which s/he may be entitled hereunder or otherwise, terminate the contract forthwith (or upon notice as the seller thinks fit).
8.1 In the event of contingencies beyond the control of the seller (such as fire, accident, war, flood, interruption of traffic or of production, lack of shipping space, regulations or restrictions by any Government, alteration of regulations, lack of import or export license, strikes, lock-outs, civil disturbances or any case of Force Majeure) or of any other cause interfering with the manufacture or delivery of the goods, the seller will not be liable for any loss caused by non-delivery or delay, or postponement of delivery.
9.1 Shipment and delivered dates are given in good faith, but are only estimates made by the seller and are not guaranteed.
9.2 The seller may, at its sole discretion, make any delivery by instalments.
9.3 Where delivery is made by instalments each delivery shall be considered a separate contract, and each instalment shall be paid for separately.
10.LOSS OR DAMAGE
10.1 It shall be the responsibility of the buyer to notify the carrier, warehouse and seller of any loss or damage to goods in writing within seven days from the date of delivery, or if goods are sold ex-store the within seven days of the date of delivery order.
10.2 The buyer shall be debarred from recovering any losses resulting directly or indirectly from any loss or damage if s/he fails to comply with 10.1.
10.3 In any event the seller shall not be liable for loss of profits or consequential loss or damage howsoever caused or occasioned.
11.1 Any demurrage caused or resulting from the buyer being unable to take delivery or arising from the detention of containers at the buyer's premises or the premises of their agents or contractors shall be for the buyer's account.
11.2 The buyer is responsible for ensuring that the seal affixed to the container is affixed and intact at the time of delivery and when a seal is broken or missing at the time of delivery this must be noted on the carrier's receipt. In the absence of such notification no claim whatsoever shall be entertained by the seller.
11.3 Any deficiencies, shortages or damages must be noted clearly on the carrier's receipt at the container is accepted and unloaded.
11.4 Any claim in writing must be made to the carrier and the seller on the day of delivery.
12.PROPERTY AND RISK
12.1 Property in the goods shall remain with the seller until the buyer has made full payment for them.
12.2 Until property passes to the buyer the buyer shall keep the goods separate and readily identifiable as the property of the seller.
12.3 Property in the goods shall not pass to the buyer until the buyer has discharged all outstanding liabilities to the seller.
12.4 If, before property passes to the buyer, the buyer sells the goods the buyer shall receive the proceeds of sale thereof on trust for the seller and shall keep such monies separate from other monies.
12.5 Risk to the goods shall pass to the buyer on delivery or upon the seller issuing a delivery order in favour of the buyer.
13.1 Where the buyer is acting on behalf of a principal, whether disclosed or not, the buyer shall be personally responsible for the performance of the contract by the principal.
14.1 This contract shall be governed by English law.
15.1 Any dispute arising out of this contract shall be settled by arbitration in Bristol in accordance with the rules of the appropriate trade association.
ESSENTIAL TRADING CO-OPERATIVE PRIVACY AND DATA PROTECTION POLICY
1. Policy Statement
Every day our business will receive, use, and store information about a range of data subjects, including but limited to customers, suppliers, job applicants, and general enquiries. This policy sets out how we ensure that this information is processed lawfully and appropriately, in line with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation (collectively referred to as the ‘Data Protection Requirements’).
We take our data protection duties seriously, because we respect your privacy. We will not sell or otherwise transfer your information to third parties for marketing purposes without your explicit consent. 2. About This Policy
Essential Trading Co-operative is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to your usual contact at the Co-op; if you are unsure who to contact then write or call the HR team: firstname.lastname@example.org, 0117 9430 830. 3. What is Personal Data?Personal data
means data (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data (or from that data and other information in our possession). Processing
is any activity that involves use of personal data. It includes obtaining, recording, holding or transferring data; organising, amending, retrieving, using, disclosing, erasing or destroying it. 4. Data Protection Principles
As your data controller, we will ensure that your personal data is:
5. Fair and Lawful Processing
- Processed fairly, lawfully and in a transparent manner.
- Collected for specified, explicit and legitimate purposes and any further processing is completed for a compatible purpose.
- Adequate, relevant and limited to what is necessary for the intended purposes.
- Accurate, and where necessary, kept up to date.
- Kept in a form which permits identification for no longer than necessary for the intended purposes.
- Processed in line with the individual’s rights and in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
- Not transferred to people or organisations situated in countries without adequate protection and without firstly having advised the individual.
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.
In accordance with the Data Protection Requirements, we will only process personal data where it is required for the following lawful purposes: where the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, in the legitimate interests of the business, or where the individual has given their consent. 6. Processing for Limited Purposes
We have in place detailed policies and procedures for all categories of data subjects. These will be kept up to date with all Data Protection requirements and are available to data subjects upon request. 7. Accurate Data
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to amend or destroy inaccurate or out-of-date data. 8. Timely Processing
We will not keep personal data longer than is necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. 9. Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular their rights to:
10. Data Security
- Confirmation as to whether or not personal data concerning the individual is being processed.
- Request access to any data held about them.
- Request rectification, erasure or restriction on processing of their personal data.
- Lodge a complaint with a supervisory authority.
- Data portability.
- Object to processing, including for direct marketing.
- Not be subject to automated decision making including profiling in certain circumstances.
We take appropriate and adequate security measures against unlawful or unauthorised processing of personal data, and against the accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
We have in place industry-standard procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Additionally, we use a secure connection when collecting personal financial information from you, which conforms to PCI standards. All forms which request credit card or bank details use the SSL (Secure Sockets Layer) protocol for encryption.
Wherever possible, we will store all personal data inside the European Economic Area (EEA). Any time that data is transferred outside the EEA, we ensure that exactly the same provisions on data security and processing are applied. 11. Changes to this Policy
Last Updated: 18 May 2018
This is the official website of Essential Trading Ltd. By using this website, you accept the full terms of this disclaimer. All the copyright, contents and other intellectual property rights on this website are reserved, and owned by Essential Trading Ltd, their producers, suppliers or stockists.
Essential Trading Ltd is a registered company in United Kingdom since 1971, with registered number IP23234R; and registered office Unit 3 Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB.
As an Essential Trading website user you must not carry out any action that may hinder or impair the performance, availability or accessibility of this website, nor use or share any hidden or displayed contents on this website for any purpose but the one these contents were intended for.
While all reasonable efforts have been taken to ensure the accuracy and integrity of the information provided on this website, such information is given with no warranty of any kind, whether express or implied.
In using this website, you assume the risk that the information presented may include pricing or technical inaccuracies, may be incomplete, inaccurate or out of date, and may contain typographical or other errors. Essential Trading Ltd takes no responsibility , and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Although through this site you are able to link to other web pages, Essential Trading Ltd. has no control over the nature, content and availability of these sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
In order to ensure continuing improvement, Essential Trading Ltd reserves the right to alter any or all of the web services, revoke the access to any pages or sections, or make any changes without notice, when needed.
Finally, Essential Trading Ltd does not accept or will not accept any responsibility for any loss, disruption or damage to user data, software or hardware which may occur whilst using material downloaded from this website.
If any single, or multiple, item in this disclaimer is determined by a competent authority to be unenforceable, all the others will continue in effect.
Any disputes relating to the terms of this disclaimer shall be subject to the jurisdiction of the British courts.