Terms and Conditions of Sale
Thank you for ordering products from The Pinehill Partnership Limited. This document sets out the terms and conditions that apply to your purchase. In these terms and conditions, “We”, “Us” and “Our” refer to The Pinehill Partnership Limited, trading as UK Thermomix or Thermomix Ireland, whose registered office is at Pinehill, Sunning Avenue, Sunningdale, Berkshire SL5 9PW, and “You” and “Your” refer to the customer whose details are set out on the corresponding Order Form or Order Confirmation.
“Order” means Your order for the Products, provided on an Order Form or by other means such as telephone, email, fax or post, accompanied by Your payment of the Price in full. “Order Form” means, if appropriate, the form on the reverse of these terms and conditions. “Order Confirmation” means the document completed by Us in response to an order for Products placed by You other than on an Order Form and which shall set out the name and quantity of Products specified by You, and the Price given by Us, during the ordering process. “Price” means the price of the Products specified by Us and valid at the time of Your Order. “Product” means the product specified on the relevant Order Form or Order Confirmation. “Specification” means the specification of the Products that is set out on Our web site at the time of Your Order and/or provided to You in paper form, as amended from time to time in line with legislative and safety requirements.
2. Sale of Products
If You have placed Your Order without completing Our Order Form, We shall supply You with an Order Confirmation within three (3) working days of receipt of Your Order, or in any event, no later than three (3) working days after We deliver the Products. We agree to supply and You agree to purchase the Products set out in the applicable Order Form or Order Confirmation and We will take payment for the Price of the Products in full at the time You place Your Order.
3. Delivery of Products
Delivery of the Products shall be made to Your address or such delivery address as is notified by You at the time of placing Your Order. If the delivery is by courier with a signature required, You shall make all arrangements necessary to take delivery of the Products when they are tendered for delivery. Time and date of delivery shall not be of the essence of this Agreement (as defined in paragraph 8 herein) unless previously agreed by Us in writing. If You fail to take delivery of the Products or fail to give Us adequate delivery instructions, (other than by reason of any cause beyond Your reasonable control or by reason of Our fault) and fail to collect or arrange for re-delivery within three (3) working days, then We may store the Products until actual delivery and charge You for the reasonable costs (including insurance) of storage. You will then have up to three (3) working days to let Us know if you still want the goods, and would like Us to attempt re-delivery (to the same or a different address). If You notify Us that You would like Us to re-deliver, We may have to charge you again for the delivery.
4. Your Right to Change Your Mind
We hope that You will be delighted with the Products. However, if for any reason You wish to return them or to cancel Your Order, You must notify Us of this in writing within fourteen (14) days of placing Your Order or within seven (7) business days of receiving the Products (whichever is the later). We will arrange with You for the collection of the Products and will refund to You the Price paid, less our reasonable costs. Please be aware that You must maintain the Products and all packaging in their original condition if You wish to return them.
5. Risk and Property
You are responsible for the care of the Products from the point at which they are delivered to You. However, property in the Products will not pass to You until We receive cleared funds in payment of the Price. Until this occurs, You are required to maintain the Products and all packaging in their original condition. In the unlikely event that You become insolvent or file for bankruptcy or some similar act or event prior to Our receiving payment in full for the Products, You agree that We may enter upon Your premises to retrieve Our Products at any reasonable time after We become aware of such event.
If used for normal domestic (food) purposes We warrant that the Products will conform to their Specification and will be free of material defects for a period of twenty-four (24) months from delivery. If used for commercial (food) purposes We warrant that the Products will conform to their Specification and will be free of material defects for a period of twelve (12) months from delivery. During the warranty period We will remedy any defect notified to Us by You provided that: (a) the defect is not caused by any use of the Products other than in accordance with the documentation supplied with the Products; and (b) the Products have not been altered or repaired by anyone other than Us; and (c) the defect is not the result of normal wear and tear, and does not arise in consumables which are expected to be replaced in the normal use of the Product. Consumables include lid seal, blade seal, blade unit and measuring cup. Except where You are buying the Products as a consumer, in which case nothing in these terms and conditions shall reduce Your statutory rights, We hereby exclude all other warranties including those of satisfactory quality and fitness for any particular purpose that may otherwise be implied by law.
7. Limited Liability
Except where You are buying the Products as a consumer, in which case nothing in these terms and conditions shall reduce Your statutory rights, Our total liability in respect of the supply of any Products shall be for direct costs and damages only and shall not exceed 125% of the Price. Under no circumstances shall We be liable for any loss of profits, loss of revenue, loss of reputation, loss of use or any indirect or consequential losses arising from the purchase of the Products for commercial purposes, whether reasonably foreseeable or actually foreseen.
These terms and conditions, together with the Order Form or Order Confirmation and the Specification, constitute the entire agreement between You and Us with regard to the supply and purchase of the Products (“the Agreement”). Any terms and conditions on any purchase order or other document supplied by You in addition to or at variance with those set out in the Agreement shall be void and of no effect. Any notice due to be given under these terms and conditions shall be sent to Us at Our address as given above and to You at Your address as set out on the Order Form or Order Confirmation. No waiver by Us of any term or condition herein shall constitute a waiver of that term or condition in any other case. In case any term or condition herein is deemed by a competent court to be unenforceable in whole or in part, the remainder of the Agreement shall continue in force. The Agreement is subject to English law and the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, if any dispute arises in connection with this Agreement, You and We will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed, the mediator will be nominated by CEDR.