Terms and Conditions (CLIENT COPY)

1. Definitions:

1.1 “The Buyer”

Refers to the person, organization, or company that buys or agrees to buy goods from the Seller.

1.2 “The Seller”

Brazilian Emporium Unit 3, United House, 11 Tariff Rd, London N17 0DY.

1.3 “Conditions”

The terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.4 “Delivery Date”

The date specified by the Seller when the goods are to be delivered or collected by the Buyer.

1.5 “Goods”

The articles that the Buyer agrees to buy from the Seller.

1.6 “Price”

The price for the Goods but excludes carriage charges, packing, insurance, and VAT.

2. Application of Conditions:

2.1

All estimates and/or quotations for services and/or goods supplied by the Seller are subject to these Conditions, and no variation will apply unless agreed in writing by the Director of the Seller.

2.2

All orders for Goods shall be deemed an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3

Acceptance of delivery or collection of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

3. Prices:

3.1

All prices are subject to VAT at the rate applicable at the date of the invoice.

3.2

The price of the Goods shall be the price stipulated in the Seller’s published price list, current at the date of delivery/collection of the Goods. The Seller reserves the right to alter prices without prior notice, and the new prices will be advised to the Buyer at the time of placing the order.

4. Payment and Settlement Terms:

4.1

The Seller shall not be bound to deliver or allow collection of the Goods until the Buyer has paid for them. Payment shall be due before delivery/collection, and time for payment shall be of the essence.

4.2

Notwithstanding the provisions of clause 4.1 above, provided the Buyer holds an account with the Seller, full payment shall be due 14 days after Goods have been delivered/collected.

4.3

If the Buyer fails to make any payment on the due date, then, without prejudice to any of the Seller’s other rights, the Seller may:

• 4.4 Interest on overdue invoices

  Shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above the Bank of England base rate from time to time in force and shall continue to accrue at such a rate after as well as before any judgment.

• 4.5 Any cheque requiring representation

  Will attract a charge of £25.00 per cheque per representation. Any cheque returned for any reason will attract a charge of £50.00 per cheque.

• 4.6 The Seller reserves the right to charge at cost

  Any and all third-party costs incurred by the Seller in the recovery or attempted recovery of any unpaid invoices.

5. Goods:

5.1

No order will be accepted with an overall value of less than £250.00 excluding VAT.

5.2

The Seller warrants that the Goods will at the time of delivery/collection correspond to the description provided by the Seller.

5.3 – 5.6: Goods Warranty and Claims

5.3 All Goods are warranted for a period of 24 hours from the date of delivery/collection

Will not be accepted back for credit after this period under any circumstances.

5.4 The Seller will replace any Goods proven faulty upon delivery/collection.

All such claims must be made by telephone and confirmed in writing or by fax within 24 hours, or no claim will be entertained.

5.5 If upon receipt of Goods, the Buyer should find any discrepancy in comparison to the order,

The Buyer must notify of the discrepancy, firstly to the driver and then the Seller by telephone and confirmed in writing or by fax within 24 hours.

5.6 Goods delivered to the Buyer, which are in accordance with the contract, will not be accepted for a refund or return.

6. Retention of Title and Risk

6.1

All Goods sold by the Seller shall be and remain the property of the Seller until the purchase price and any other payments due are paid in full. Additionally, all Goods shall remain the property of the Seller until all sums are paid in full, irrespective of any subsequent sale to any third party and irrespective of the appointment of any receiver or liquidator.

6.2

Until the title in the Goods passes to the Buyer in accordance with clause 6.1, the Buyer shall hold the Goods and each of them on a fiduciary basis as a bailee for the Seller. The Buyer shall store the Goods, at no extra cost to the Seller, separately from all other stock in its possession and marked in such a way that they are identified as the Seller’s property.

6.3

Until such time as the title in the Goods passes from the Seller, the Buyer shall, on request, deliver up such of the Goods as have not ceased to be in existence. If the Buyer fails to do so, the Seller shall be entitled, and the Buyer grants to the Seller a license to enter upon any premises owned, occupied, or controlled by the Buyer where the Goods are situated for the purpose of removing such Goods and to remove such Goods in the event of non-payment within the Conditions specified.

6.4

The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so, all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

7. Remedies

7.1

Where the Buyer rejects any Goods, then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

7.2

Where the Buyer accepts or has been deemed to have accepted any Goods, then the Seller shall have no liability whatever to the Buyer in respect of those Goods.

7.3

The Seller shall not be liable to the Buyer for late/short delivery or collection of Goods.