Terms & Conditions

TERMS AND CONDITIONS 
FOR SALE OF GOODS
OF
LE PETIT FRANCAIS LTD - Reg No SC417612

1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Goods from the Seller;
1.2 "Goods" means the articles to be supplied to the Buyer the Seller;
1.3 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 "Seller" means Le Petit Francais Ltd of 15-17 Swanfield, Edinburg, Scotland. EH6 5RX.

2 GENERAL
 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 PRICE AND PAYMENT
3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. 
3.2 Prices may change without notice to cover any rise in prices from our suppliers or improvement made to our products.
3.3 Payment of the price and VAT and any other applicable costs shall be due when the order is placed. 
3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
3.4.1 require payment in advance of delivery in relation to any Goods not previously delivered;
3.4.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery
3.5 Buy submitting an order to the Seller, the Buyer gives permission to the Seller to obtain a personal or commercial credit check under the following circumstances:
 3.5.1 at any time during the transaction
 3.5.2 at any time the account is deemed to be in arrears
 3.5.3 following a request for credit from the Seller
3.6 The Seller has a minimum order value of £10.00. This cannot be a
 amended unless agreed, in writing, by the Seller and prior to ordering.

4 DESCRIPTION
 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

5 DELIVERY 
5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller’s delivery driver is entitled to ask for identification from the receiver of the goods and reserves the right to withhold delivery should the receiver be unable to identify themselves to an acceptable standard.
5.2 The time of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
5.3 The Buyer must notify the Seller of the damage and/or missing items on the same day. The Buyer must notify the Seller of any dispute on the same day as delivery.
5.4 Orders must be received by the sellers on the website www.lepetitfrancais.co.uk.
5.5 Delivery charge is £2.

6 TITLE 
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

7 RETURNS & CANCELATION
7.1 A credit for damaged goods will only be issued where the damaged items are:
 7.1.1 notified to the Seller by close of business on the same day
 7.1.2 returned whole to the Seller’s delivery driver on a date agreed with the Seller.
7.2 The Seller shall be entitled in its absolute discretion to refund the price of the damaged Goods in the event that such price has already been paid.
7.3 All orders, once received by the Seller, are binding. The Seller does not offer a cancellation policy.
7.4 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein.

8 LIABILITY
8.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
 8.1.1 the correspondence of the Goods with any description; 
 8.1.2 the quality of the Goods; or
 8.1.3 the fitness of the Goods for any purpose whatsoever.
8.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
 8.2.1 the correspondence of the Goods with any description; 
 8.2.2 the quality of the Goods; or
 8.2.3 the fitness of the Goods for any purpose whatsoever.
8.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.

9 LIMITATION OF LIABILITY
9.1 Where any court or arbitrator determines that any part of Clause 7 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
9.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.

10 FORCE MAJEURE
 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

11 WAIVER
 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

12 SEVERABILITY
 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13 GOVERNING LAW AND JURISDICTION
 This Agreement shall be governed by and construed in accordance with Scottish Law, and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

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