Terms and Conditions - Lillico's Aylesford

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Wm. LILLICO & SON LIMITED

TERMS AND CONDITIONS OF SALE

PLEASE READ PARAGRAPH 3 PARTICULARLY CAREFULLY. PLEASE SEEK APPROPRIATE INSURANCE COVER IF YOU ARE CONCERNED ABOUT BEING EXPOSED TO A RISK OF LOSS.

Information about the Seller
1. 1. Wm Lillico & Son Limited is registered in England and Wales under company number 332458 and has its registered office at The Forstal, Beddow Way, Aylesford, Kent, ME20 7BT. Its VAT number is GB 892 2014 34. The website www.lillicoattlee.co.uk is operated by Wm Lillico & Son Limited.
2. 2. The Seller is a private company limited by shares. If the Buyer wishes to contact the Seller, please see the “Contact Us” page.
3. 3. If we have to contact you we will do so by telephone or by writing to you at the email or postal address you provided to us in your order.
4. 4. When we use the words “writing” or “written” in these terms, this includes emails.

Terms of Sale
1. 1. These Terms and Conditions set out the terms on which the Seller sells products in person at its retail premises or through its online shop on www.lillicoattlee.co.uk (the “Site”). By signing these Terms and Conditions or by paying an invoice for purchases in person, the Buyer indicates that it accepts them. By purchasing items on the Site, the Buyer indicates that it accepts these Terms and Conditions and that it agrees to abide by them. These terms supersede any previous terms of sale.
2. 2. Application of these Terms and Conditions. These Terms and Conditions apply both to commercial customers and to Consumer purchases from the Site or On-Premises Sales for non-commercial purposes. Terms and Conditions that apply only to Consumers or that do not apply to Consumers are clearly marked.

Quality and Liability
1. 1. Subject to this Paragraph 3.1, the Seller warrants upon delivery and for a period of 3 months after delivery (or such shorter time as may be specified on Goods packaging or labelling, delivery notes or any other form of writing), that:
  1. the Goods will correspond as far as reasonably possible with their specification and will be of satisfactory quality; and
  2. any Services will be provided using reasonable care and skill.
2. 2. Subject to Paragraphs 3.3 and 3.4, the liability in aggregate of the Seller in respect of negligence, misrepresentation or any breach of the Contract shall be limited to losses suffered by the Buyer in the amount which is the greater of: (i) twice the value of the relevant order from the Buyer; and (ii) £1,000.
3. 3. In all instances the Seller does not exclude or restrict liability for:
  1. death or personal injury caused by the Seller’s negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
4. 4. In respect of supplies to Consumers the Seller does not exclude or restrict liability for:
  1. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (as amended) (description, satisfactory quality, fitness for purpose and samples); or
  2. defective products under the Consumer Protection Act 1987 (as amended).
5. 5. The Seller will not be liable for any:
  1. loss of income or revenue;
  2. loss of business;
  3. business interruption or loss of business opportunity;
  4. loss of profits or contracts;
  5. loss of anticipated savings;
  6. loss of data;
  7. loss of goodwill or reputation;
  8. wasted management or office time; or
  9. any consequential loss.

arising as a consequence of the provision of Goods and/or Services under this Contract.

6. The Buyer agrees that the Seller shall be under no liability for losses to the extent arising:
1. in respect of any defect in the Goods or Services arising from any design, special order or specification supplied by the Buyer;
2. in respect of any defect arising from fair wear and tear, deterioration, wilful damage or negligence of the Buyer or of a third party connected to the Buyer, failure to follow the Seller's reasonable instructions (as to use, storage or otherwise)(whether oral or in writing), misuse or alteration of the Goods without the Seller's approval;
3. from actions or omissions of the Buyer, its agents or employees or those of independent third parties;
4. save in respect of supplies to Consumers, where the Buyer is entitled to make a claim under a policy of insurance in respect of any matter or circumstance giving rise to a claim unless the Buyer first makes a claim against its insurers pursuant to the relevant policy. The Seller’s liability in respect of any such claim shall then be reduced by the amount recovered under such policy of insurance (less all reasonable costs, charges and expenses incurred by the Buyer in recovering that sum), or extinguished if the amount so recovered exceeds the amount of the claim; and
5. save in respect of supplies to Consumers, where the Buyer has failed to take all reasonable steps to avoid or mitigate any loss or liability that may give rise to a claim.
7. Other than in relation to sales to Consumers, any potential claim by the Buyer against the Seller arising from the use of or reliance on the Goods or Services must be notified to the Seller in writing as soon as reasonably practicable after the matters giving rise to the claim are known to the Buyer and, in any event, not later than 28 days after the potential claim has become known to the Buyer.
8. Where the Buyer notifies the Seller pursuant to Paragraph 3.7 of such a potential claim, the Buyer grants the Seller, its agents and employees an irrevocable licence at any time to make their own investigations into the circumstances surrounding the claim and to carry out its own tests on the Goods or Services on which the claim is based.
9. Where proceedings in relation to a claim are notifiable to the Seller in accordance with Paragraph 3.7, they must be instituted within one year of the date such notification is required or the Seller shall irrevocably cease to be liable in respect of such claim.

Basis of all Sales
1. 1. The Buyer acknowledges that the Seller resells materials and products supplied to it by third parties.
2. 2. These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions and no variation to these Terms and Conditions shall be binding unless agreed in writing between authorised representatives of the Buyer and the Seller. No terms and conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Contract. The Seller's employees or agents are not authorised to make any representations concerning the Goods or Services unless confirmed by the Seller in writing. The Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
3. 3. Any quotation is given on the basis that no contract will come into existence until the Seller confirms the Buyer's order. Other than in relation to Online Sales, any quotation is valid for a period of 30 days only from its date, provided that the Seller has not previously withdrawn it.
4. 4. If the Seller is unable to accept the Buyer’s order, the Seller will inform the Buyer of this in writing and will not charge for the product. This might be because the product is out of stock, because of unexpected limits on the Seller’s resources which it could not reasonably have planned for, because a credit reference obtained for the Buyer does not meet the Sellers’ minimum requirements, because the Seller has identified an error in the price or description of the product or because the Seller is unable to meet a delivery deadline specified by the Buyer.

Online Sales Procedure and Terms in Relation to Consumers.
1. 1. The terms of this Paragraph 5 shall apply only to Online Sales to Consumers.
2. 2. Goods and Pricing. The Seller is under a legal obligation to supply goods that conform with the contract between the Buyer and the Seller, however the Buyer should be aware that the images of the Goods on the Site are for illustrative purposes only. Although the Seller has made every effort to display the colours accurately, it cannot guarantee that the Buyer’s computer’s display of the colours accurately reflects the colour of the Goods. The Goods the Buyer receives may vary slightly from those images. All dimensions and measurements indicated on the Site have a 2% tolerance. The packaging of the Goods may also vary from that shown on images on the Site. Please note that all Goods are subject to availability. The Seller will inform the Buyer by e-mail as soon as possible if the Goods that the Buyer has ordered are not available and the Buyer will not process the Seller’s ordering if made.

The Site contains a large number of Goods. It is always possible that, despite the Seller’s reasonable efforts, some of the Goods on the Site may be incorrectly priced. If the Seller discovers an error in the price of the Goods that the Buyer has ordered before the Seller sends the Dispatch Confirmation (in accordance with Paragraph 5.4), the Seller will inform the Buyer of this error and give the Buyer the option of continuing to purchase the Goods at the correct price or cancelling the order. The Seller will not process the order until the Seller has the Buyer’s instructions. If the Seller is unable to contact the Buyer using the contact details the Buyer provided during the order process, the Seller will either treat the order as cancelled and notify the Buyer in writing or (at the Seller’s discretion) process the order on the basis of the incorrect price where this is lower than the correct price.

Please note that even after the Seller has sent the Dispatch Confirmation (as defined below), if a pricing error was obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mispricing, the Seller does not have to provide the Goods to the Buyer at an incorrect, lower price.

3. Payment Terms. Please note that if the Buyer buys Goods online, payment will be in advance and will be processed when the Buyer submits its order. Subject to Paragraphs 5.2 and 5.4, for Goods the Buyer orders on the Site, the Buyer agrees to pay the price applicable for the Goods as at the time it submitted its order and the delivery fees for the delivery service the Buyer selects. The Seller will automatically charge the Buyer’s credit card or debit card submitted as part of the order process for such amounts and the Buyer hereby authorises the Seller to do so.
4. Orders. The order process allows the Buyer to check and amend its order before submitting its order to the Seller. The Buyer should take the time to read and check the Buyer’s order at each stage of the order process. After the Buyer places an order, the Buyer will receive an e-mail from the Seller acknowledging that the Seller has received the order. However, this does not mean that the order has been accepted. The Seller will confirm its acceptance to the Buyer in a separate e-mail (“Dispatch Confirmation”), and a Contract between the Seller and the Buyer will only be formed when the Seller sends the Dispatch Confirmation. If the Seller is unable to supply the Buyer with certain Goods, for example because they are not in stock or no longer available, or if the Buyer’s order of those Goods is cancelled in accordance with Paragraph 5.2 because of an error in the price on the Site, the Seller will inform the Buyer of this by e-mail. In this case, if the Buyer has already paid for the Goods, then the Seller will issue, within 5 to 7 calendar days, a credit to the Buyer’s credit card or debit card (as appropriate) in the amount charged for the withdrawn order or withdrawn portion of the order (if the Buyer’s card has already been charged). If the Buyer has not yet paid, the Seller will not charge the Buyer’s credit card, or debit card.
5. Delivery Policy. The Seller uses a range of alternative carriers to ship and deliver orders. This service enables the Seller to track the progress of deliveries. Any delivery dates provided by the Seller are estimates and time shall not be of the essence. The Seller reserves the right to make deliveries in instalments. The Seller will send the Buyer an email when the order has been shipped. The Seller delivers to Consumers only within the UK excluding Northern Ireland.
6. Cancellation Right. As permitted by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Buyer can cancel at any time until 14 days after it or a third party indicated by the Buyer receives the Goods, unless the Goods ordered are:
1. perishable (such as foodstuffs or drink);
2. CDs, DVDs or software that have been unsealed after you receive them;
3. Digital products after you have started to download or stream these;
4. made to the Buyer’s specification or a personalised item;
5. Goods that have been sealed for health protection or hygiene reasons and which have been unsealed after you receive them; or
6. Goods that have become mixed inseparably with other items after delivery.

in which case that order or portion of an order cannot be cancelled. To cancel, the Buyer should notify the Seller by email at post@lillico.co.uk or by telephone on 01622 718062. The Buyer may also use the model cancellation form provided in the Schedule to these Terms and Conditions, but it is not obligatory. The Seller will communicate to the Buyer an acknowledgement of receipt of such cancellation on a durable medium (e.g. email) without delay. To meet the cancellation deadline it is sufficient for the Buyer to send its communication of its exercise of the right to cancel before the cancellation period has expired. The Seller will refund the cost of the order and the original delivery charge (subject to certain exclusions set out in Paragraph 5.8 below). If the Goods have already been dispatched, the Buyer must return them to the Seller within 14 calendar days of the date of the cancellation or the date the Buyer receives the Goods if the Buyer cancelled its order after the Goods had shipped but before receiving the Goods. Goods must be returned at the Buyer’s own cost, unless they are faulty or, subject to Paragraph 5.2 not as described, in which case please see Paragraph 5.9.

7. Return Procedures. All returned Goods should be sent to:

Wm Lillico & Son Limited - Returns

The Forstal, Beddow Way, Aylesford , Kent. ME20 7BT

Returned Goods are the Buyer’s responsibility until they are received by the Seller at the address above, and the Buyer must take reasonable care of them while they are in its possession. The Seller recommends the Buyer use a registered postal service and retains proof of postage. The Seller is not responsible for returned goods being lost or damaged in transit. Please ensure the product is packaged in good enough quality transport packaging to avoid any damage during transport back to the Seller’s warehouse. The cost of returns are the Buyer’s responsibility.

8. Refunds. If the Buyer returns Goods, the Buyer will receive a full refund of the price it paid for the Goods, and in the case of a cancellation under Paragraph 5.6, the original delivery charge (except for the supplementary costs arising if the Buyer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller). The Seller may make a deduction from the reimbursement for loss of value in any goods supplied if the loss is the result of unnecessary handling by the Buyer. The Seller will process the refund due to the Buyer as soon as possible and, in any case, within 14 calendar days of the day on which the Buyer gave notice of cancellation as described in Paragraph 5.6 or within 14 calendar days of the date of receipt of the returned Goods as described in Paragraph 5.7. If the Buyer returned the Goods because they were faulty or not as described, please see Paragraph 5.9. Please see Paragraph 5.4 for information on how the Seller refunds the Buyer if the order is withdrawn before the Buyer receives the Dispatch Confirmation. The Seller will make the reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise; in any event the Buyer will not incur any fees as a result of the reimbursement. The Seller may withhold reimbursement until the Seller has received the Goods back or the Buyer has supplied evidence of having sent back the Goods, whichever is earliest.
9. Defective Products. Consumers have legal rights in relation to Goods that are faulty or not as described. Advice about these legal rights is available from a local Citizens Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. If the Buyer returns Goods to the Seller because they are faulty or not as described the Seller will, in addition to the refunds mentioned in Paragraph 5.8, refund any reasonable costs the Buyer incurs in returning the Goods to the Seller, (so long as the Goods are being returned to the Seller from within the UK).

10. Summary of your legal rights (Online Sales). The Seller is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of a Consumer’s key legal rights as a Buyer in relation to the product. Nothing in these terms will affect the Consumer’s legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 5.6.

On-Premises Sales and Consumer Terms
1. 1. The terms of this paragraph 6 shall apply only to On-Premises Sales to Consumers.
2. 2. The Buyer can always end the contract for supply of a product before it has been delivered and paid for. The Buyer may contact the Seller to end its contract for a product at any time before the Seller has delivered it and the Seller has paid for it, but in some circumstances the Seller may charge the Buyer for doing this, as described below. Of course, the Buyer always has rights where a product is faulty or mis-described (see below).
3. 3. What happens if the Buyer has good reason for ending the contract? If the Buyer is ending the contract for a reason set out at (a) to (e) below the contract will end immediately and the Seller will refund in full for any products which have not been provided or have not been provided properly and the Buyer may also be entitled to further compensation. The reasons are:
  1. the Seller has told the Buyer about an upcoming change to the product or these terms which the Buyer does not agree to;
  2. the Seller has told the Buyer about an error in the price or description of the product ordered and the Buyer does not wish to proceed;
  3. there is a risk that supply of the products may be significantly delayed because of events outside the Seller’s control;
  4. the Seller has suspended supply of the product for technical reasons, or notifies the Buyer that it is going to suspend them for technical reasons, in each case for a period of more than [3 months]; or
  5. the Buyer has a legal right to end the contract because of something the Seller has done wrong.
4. 4. What happens if the Buyer ends the contract without a good reason? If the Buyer is not ending the contract for one of the reasons set out in paragraph 6.3 above, then the contract will end immediately and the Seller will refund any sums paid by the Buyer for products not provided but the Seller may deduct from that refund (or, if the Buyer has not made an advance payment, charge the Buyer) reasonable compensation for the net (administration) costs the Seller will incur as a result of ending the contract.
5. 5. Returning products after ending the contract. If the Buyer ends the contract after products have been dispatched to it and (because the Seller cannot recall them) they are delivered, the Buyer must return them to the Seller. If the Buyer is ending the contract because the Seller has told the Buyer of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside the Seller’s control or because the Buyer is exercising its legal rights to end the contract because of something the Seller has done wrong then the Seller will pay the costs of return. In all other circumstances the Buyer must pay the costs of return.
6. 6. Summary of your legal rights (On-Premises Sales). The Seller is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of a Consumer’s key legal rights as a Buyer in relation to the product. Nothing in these terms will affect the Consumer’s legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

a) If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

b) If your digital content is faulty, you're entitled to a repair or a replacement.

c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

Orders and specifications
1. 1. No order submitted by the Buyer other than in respect of Online Sales shall be deemed to be accepted by the Seller until confirmed by the Seller in writing or (if earlier) by delivery of the Goods or Services by the Seller to the Buyer. Acceptance of Online Sales orders occurs upon the Seller sending the Dispatch Confirmation, at which point a contract will come into existence between the Buyer and the Seller.
2. 2. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods and Services within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. The Seller shall not be liable for the consequences of any inaccuracy, will not issue a credit note in respect of an order and will be entitled to charge the Buyer for the costs it incurs by any variations in an order.
3. 3. Other than in respect of Online Sales to Consumers the quantity, quality and description of and any specification for the Goods and Services shall be those set out in the Seller's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Seller). The quantity, quality and description of and any specification for Goods and Services the subject of Online Sales shall be those set out in the Dispatch Confirmation.
4. 4. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss (including loss and profit), damages, costs, charges and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification for the Goods.
5. 5. The Seller reserves the right to make any changes in the specification of the Goods or Services which are required to conform to any applicable statutory requirements, the requirements of the Agricultural Industries Confederation (where applicable) or EU requirements or to make changes to the Goods or Services and if necessary to the Buyer's specification which do not materially affect their quality or performance. Any specification or formulae provided by the Seller shall remain the property of the Seller and the Buyer shall keep strictly confidential all such information relating to the specification or formula.
6. 6. Other than in relation to Online Sales to Consumers, no order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation. Please see Paragraph 5.6 for the cancellation rights in respect of the Online Sales to Consumers.
7. 7. All formulae, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's catalogues, brochures or websites are illustrative only and do not form part of this Contract. Although the Seller has made every effort to display the colours accurately, it cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The product purchased or its packing may vary slightly from that shown in images on our website.
8. 8. If Goods or Services are sold subject to special conditions of sale the Buyer will be notified by the Seller of the special conditions. In the event that there is any inconsistency between the special conditions and these Terms and Conditions the special conditions shall prevail.

Price of the Goods and Services and payment terms
1. 1. Save in relation to Online Sales to Consumers, the Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the Price of the Goods and Services to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller including, without limitation, increases in the cost of the Goods or Services, of labour, materials or other costs of manufacture; changes in delivery dates or places, quantities or specifications for the Goods and/or Services which are requested by the Buyer; or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
2. 2. Unless otherwise agreed in writing the Price is given by the Seller on an ex works basis, and where the Seller agrees to the carriage of the Goods to the Buyer's premises or the performance of the Services other than at the Seller's premises, the Buyer shall be liable to pay the charges (and any VAT or other applicable duties and tax) for travel, transport, packaging and insurance.
3. 3. Other than in relation to Online Sales to Consumers, the cost of pallets and returnable containers will be charged to the Buyer in addition to the Price, but full credit will be given to the Buyer provided they are returned undamaged to the Seller prior to the due payment date. For Online Sales to Consumers, such costs shall be included in the relevant delivery fees.
4. 4. The Seller shall be entitled to charge the Buyer a credit administration charge, such sum to be refunded to the Buyer if the Price is paid in accordance with these Terms and Conditions.
5. 5. The Price is exclusive of any applicable value added tax save in respect of Online Sales and in person sales to Consumers, in which case the price shall include VAT. The Seller shall invoice the Buyer for the Price plus VAT on or at any time after delivery of the Goods or performance of the Services or if the Buyer fails to take delivery of the Goods, the Seller shall be entitled to invoice the Buyer for the Price plus VAT at any time after the Seller has notified the Buyer that the Goods are ready for collection or the Seller has tendered delivery of the Goods. If the rate of VAT changes between an order date and the date the Seller supplies the product, the Seller will adjust the rate of VAT that the Buyer pays, unless the Buyer has already paid for the product in full before the change in the new rate of VAT takes effect.
6. 6. The Buyer shall pay the invoiced amount without any deduction whether by way of set-off, counterclaim, abatement or otherwise (unless the Buyer has a valid court order) by the due date stated on the invoice or, if no such date is specified, on the date of presentation of the Seller's invoice and this shall not be affected by delivery not having taken place and title in the Goods not passing to the Buyer. Receipts for payment will only be issued upon request.
7. 7. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy, the Seller shall be entitled to:
  1. cancel the Contract or suspend any further deliveries to the Buyer;
  2. appropriate any payment made by the Buyer to such of the Goods and or Services (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit;
  3. charge interest on any amounts overdue at the rate of 8% above the base rate of National Westminster Bank Plc as applying from time to time from the due date for payment until receipt by the Seller of the full amount whether or not after judgement. The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
  4. recover any administration charges and costs (including without limitation legal costs) incurred in recovering overdue payments, payments not being honoured at the bank or otherwise on a full indemnity basis.
8. 8. The Seller shall be entitled at all times to set off any debt or claim of whatever nature which the Seller may have against the Buyer against any sums due from the Seller to the Buyer.

Delivery and risk and title to Goods
1. 1. Other than in relation to Online Sales to Consumers, delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. In relation to Online Sales to Consumers, delivery shall take place upon receipt of the Goods by the Buyer.
2. 2. The terms of carriage ex works shall be such carriage terms of the third party carrier. The Seller shall not be liable to the Buyer for the selection or performance of the relevant carrier save to the extent the Seller recovers from such carrier in respect of such performance.
3. 3. Other than in relation to Online Sales to Consumers, the Buyer will take delivery of the Goods within 14 days of the Seller giving it notice that the Goods are ready for delivery and will at its expense provide adequate and appropriate equipment and labour for unloading the Goods.
4. 4. The quantity of any consignment of Goods as recorded by the Seller upon despatch from the Seller's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5. 5. If the Seller delivers a quantity of Goods of up to 5% more or less than the quantity accepted by the Seller the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such Goods at the pro rata Price.
6. 6. Any dates quoted for delivery of the Goods and performance of the Services are approximate only.
7. 7. Other than in relation to Online Sales to Consumers, where the Goods are to be delivered and/or Services to be performed in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
8. 8. Other than in relation to Online Sales to Consumers, if the Buyer fails to take delivery of the Goods or fails to give the Seller adequate instructions as to when Goods will be delivered (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or sell the Goods at the best price readily obtainable and account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the Price.
9. 9. The Goods are at the risk of the Buyer from the time of delivery.
10. 10. Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and the Services and all other sums which are or which become due to the Seller from the Buyer on any account.
11. 11. Other than in relation to Online Sales to Consumers, until ownership of the Goods has passed to the Buyer, the Buyer must:
  1. hold the Goods on a fiduciary basis as the Seller's bailee;
  2. store the Goods (at no cost to the Seller) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Seller's property;
  3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
  4. maintain the Goods in satisfactory condition and keep them insured on the Seller's behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Buyer shall produce the policy of insurance to the Seller; and
  5. hold the proceeds of the insurance referred to in Paragraph 9.11(d) on trust for the Seller and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
12. 12. Other than in relation to Online Sales to Consumers, the Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
  1. any sale shall be effected in the ordinary course of the Buyer's business at full market value; and
  2. any such sale shall be a sale of the Seller's property on the Buyer's own behalf and the Buyer shall deal as principal when making such a sale.
13. 13. Other than in relation to Online Sales to Consumers, the Seller may suspend the supply or delivery of the Goods to the Buyer, or terminate the Contract with immediate effect by giving written notice to the Buyer if:
  1. The Buyer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing to do so;
  2. The Buyer fails to pay any amount due under the Contract on the due date for payment;
  3. The Buyer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;
  4. The Buyer’s financial position deteriorates to such an extent that in the Seller’s reasonable opinion its capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
  5. the Buyer encumbers or in any way charges, or purports to charge, any of the Goods.
14. 14. Termination of the Contract shall not affect either party’s rights and remedies that have accrued as at termination.
15. 15. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
16. 16. Other than in relation to Online Sales to Consumers, the Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
17. 17. Other than in relation to Online Sales to Consumers, the Buyer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them. In the event that the Goods are stored in the premises of a third party the Buyer will use his/its best endeavours to procure entry for the Seller to inspect or recover the Goods pursuant to this Paragraph.

Force Majeure

The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond the Seller's control, examples of which include, but shall not be limited to, an act of God, flood, fire, tempest, war, terrorism, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, any failure of any third party beyond the control of the Seller.

Export terms
1. 1. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Terms and Conditions, but if there is any conflict between the provisions of Incoterms and these Terms and Conditions, the latter shall prevail.
2. 2. Where the Goods or Services are supplied for export from the United Kingdom, the provisions of this Paragraph 11 shall (subject to any special terms agreed in writing between the Buyer and the Seller and signed by a director of the Seller) apply notwithstanding any other provision of these Terms and Conditions.
3. 3. The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into, or the provision of the Services, within the country of destination and for the payment of any duties on them.
4. 4. Unless otherwise agreed in writing between the Seller and the Buyer, the Goods shall be delivered ex works.
5. 5. The Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979 (as amended).
6. 6. Other than in relation to Online Sales to Consumers, unless otherwise agreed in writing payment of all amounts due to the Seller shall be made by irrevocable letter of credit in a form acceptable to the Seller opened by the Buyer in favour of the Seller and confirmed by a London clearing bank acceptable to the Seller.

Miscellaneous
1. 1. Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
2. 2. These Terms and Conditions together with, in the case of Online Sales, any applicable website terms of use or privacy policy, constitute the whole agreement between the parties and no modification, variation or amendment of these Terms and Conditions shall be effective unless such modification, variation or amendment is in writing and has been signed by or on behalf of the parties. To the fullest extent permissible under law, the warranties set out in Paragraph 3.1 are given by the Seller and accepted by the Buyer in substitution for any representation or warranty which may have been made by the Seller (or the sales staff or agents of the Seller) and supersede and extinguish any purported other pre-contractual representations.
3. 3. If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions nor the legality, validity or enforceability in any other jurisdiction of that or any other provision of these Terms and Conditions. The parties shall then use all reasonable endeavours to replace the invalid or unenforceable provision by a valid provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
4. 4. The parties do not intend that anything contained within these Terms and Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to them.
5. 5. The Buyer shall not be entitled to assign the Contract or any part of it without the prior consent in writing of the Seller. The Seller may transfer its rights and obligations under these terms but will inform the Buyer in writing if this happens and will ensure that the transfer will not affect your rights under the contract.
6. 6. The Seller will only use the Buyer’s personal information as set out in our Data Protection Policy and Privacy Policy.
7. 7. In the event the Buyer deals as a Consumer, nothing in these Terms and Conditions excludes or purports to exclude a Consumer's statutory rights.
8. 8. The Contract shall be governed and construed by the laws of England, and each of the parties agrees to submit to the exclusive jurisdiction of the English courts.

Contact us
1. Please submit any questions you have about these Terms and Conditions by email to: post@lillico.co.uk ; by telephone to: 01622 718062 or write to us at: Wm Lillico & Son Limited., The Forstal, Beddow Way, Aylesford. Kent ME20 7BT .

Definitions

“Buyer” means a person whose order for the Goods and Services is accepted by the Seller;

“Consumer” means an individual purchasing Goods or Services on its own behalf for its own domestic, non-commercial use;

“Contract” means any contract between the Buyer and the Seller for the sale of Goods and Services incorporating these Terms and Conditions;

“Delivery” as defined in Paragraph 9.1;

“Dispatch Confirmation” as defined in Paragraph 5.4;

“Goods” means the goods described in an order or quotation (including any instalment of the goods or any parts for them) which the Seller is to supply, and, where applicable, arrange delivery of, in accordance with these Terms and Conditions;

"Incoterms" means the International Rules for the Interpretation of Trade Terms of The International Chamber of Commerce as in force at the date the Contract is made;

“Online Sales” means sales of Goods or Services concluded via the Site the process of which is set out in Paragraph 5;

“On-Premises Sales” means sales of Goods or Services concluded at the Seller’s retail premises;

“Price” means the price of the Goods or Services, being either the Seller's quoted price or if none, the price listed in the Seller's published price list current at the date of delivery or deemed delivery and, where appropriate, unit prices being multiplied by the total number of units of the Goods supplied;

“Seller” means Wm Lillico & Son Limited, a company registered in England and Wales (whose registered number is 332458 and whose registered office is at The Forstal, Beddow Way, Aylesford, Kent ME20 7BT);

“Services” means the services described in an order or quotation to be performed by the Seller in accordance with these Terms and Conditions;

“Site” means the Seller’s online shop located at www.lillicoattlee.co.uk;

“Terms and Conditions” means the terms and conditions of sale set out in this document and unless the context otherwise requires includes any special terms and conditions agreed in writing between the Seller and the Buyer; and

“Writing” includes email or other electronic means of communication, facsimile transmission and comparable means of communication.

In these Terms and Conditions references to any statute shall, unless the context otherwise requires, be construed as a reference to that statute as from time to time amended, consolidated, modified, re-enacted or replaced (without, for the avoidance of doubt, any increase in the Seller's liability being caused as a result).

Schedule

Model Cancellation form

To: Wm Lillico & Son Limited., The Forstal, Beddow Way, Aylesford, Kent. ME20 7BT

post@lillico.co.uk

I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract of sale of the following goods:

Description of goods:

Ordered on/Received on:[*]

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s):

Date:

[*] Delete as appropriate

Revised August 2021

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