Terms & Conditions of Use
All prices listed are inclusive of VAT where applicable. Coffee is VAT zero rated. Please contact us if you require a VAT receipt as tax is not shown separately in the checkout. We will honour all pricing errors in the buyer's favour.
When you place an order with us, you are making an offer to buy goods. We will send you an email to confirm that we have received your order.
If a product is out of stock when you order we will contact you to let you know when we will be able to ship it. If this delay is not acceptable to you, we will advise you of an alternative product or issue you with a full refund. If a product is completely unavailable when you place your order we will contact you to offer an alternative replacement or a full refund will be arranged on your behalf.
Whilst every effort will be made to ensure that all items shown in our on-line product catalogue are in stock we offer no guarantee of availability and this electronic publication does not constitute an offer for sale.
We will usually dispatch goods within 24 hours. If we are unable to dispatch your order within 14 days we will contact you by e-mail with an estimated dispatch date and offer you the option of cancelling the order. We reserve the right not to accept an order.
If an on-line order is placed for delivery outside the UK we will contact you to arrange shipping and costs.
Your details are kept in a secure digital environment and will never be given or sold to any third party organisation. We may use your details for our own marketing purposes or to keep you informed of changes and updates to the products you have purchased. We will always give you the option to refuse any additional marketing contact.
1.1 In these Conditions: "Buyer" means the individual firm company or other party from whom an Order to supply Goods and/or provide Services is received by the Seller, "Conditions" means the standard terms and conditions of sale of the Seller as set out herein and includes any additional terms and conditions of sale agreed by the Seller, "Contract" means a contract for the supply of Goods and/or provision of Services by the Seller to the Buyer, "Goods" means the goods (including packaging where relevant) which the Seller is to supply under the Contract, "Order" means an order placed by the Buyer for the supply of Goods and/or provision of Services whether verbally or in writing, "Seller" means House of Goodness Limited and any subsidiary or holding company or associate (as defined in the Companies Act 1985 (as amended)) of the said company, "Services" means the work or services of any of them to be provided by the Seller under the Contract, and words importing the singular number shall include the plural and vice versa, words importing one gender shall include all genders, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.
1.2 The Buyer shall not be entitled to assign the benefit of the Contract without the consent in writing of the Seller.
1.3 If at any time any one or more of the provisions or part thereof of these Conditions becomes or is or is held by a court to be invalid, illegal or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
1.4 No Order shall be binding on the Seller unless and until it has been acknowledged in writing by the Seller or the Goods are delivered or the Services are provided by the Seller to the Buyer pursuant to the Order. Any acknowledgement of an Order by the Seller is subject to availability of the relevant Goods.
1.5 These Conditions are incorporated in the Contract and contain the entire obligations between the Seller and the Buyer. In the case of any inconsistency between any letter or quotation incorporating or referring to these Conditions and any Order, letter or form of contract sent by the Buyer to the Seller, whatever may be their respective dates, the provisions of these Conditions shall prevail. In the event of the Seller entering into the Contract without the Seller having submitted a written quotation or other letter or document incorporating or referring to these Conditions but in circumstances where the Buyer has had prior notice of these Conditions then all Goods supplied and/or Services provided shall be subject to these Conditions.
1.6 No variation of the Contract of the Buyer shall be binding upon the Seller unless made in writing and signed on behalf of the Seller.
1.7 Any representations (except fraudulent misrepresentations) or warranties made by or on behalf of the Seller prior to the Contract (whether verbally or in writing) are hereby expressly excluded and shall be of no effect.
1.8 Any figures, statements, descriptions, illustrations, photographs, drawings, weights or any other matters contained in the Seller's or any other catalogues, pamphlets, price lists or advertising literature are not guaranteed to be accurate and are intended merely to represent a general picture of the Seller's or any other products and services and shall not form part of the Contract nor be regarded as a warranty or representation relating to the Goods or Services.
2.1 The time for performance of the Contract by the Seller shall not be of the essence of the Contract, the Seller's failure to so deliver and/or provide by the due date(s) shall not constitute a breach of Contract and the Seller shall not in any circumstances be responsible for any direct or consequential loss or damage of any kind whatsoever resulting there from. The Seller may wholly or partly suspend deliveries of Goods and/or provision of Services and the Buyer shall accept late delivery of such Goods and/or provision of Services unless the Buyer has cancelled the Contract in accordance with the provisions of Condition 5.2.
QUANTITIES INSTALMENTS AND STORAGE
3.1 Where Goods are delivered and/or Services are provided by instalments each instalment shall be deemed to be sold under a separate Contract and no default in respect of any one instalment shall affect due performance of the Contract as regards other instalments.
3.2 The Seller will endeavour to deliver the quantity of Goods ordered. If there is a surplus or shortage of Goods which is so slight that it would be unreasonable for the Buyer to reject delivery of them the Buyer shall be deemed to have accepted the Goods and shall pay for the actual quantity delivered.
3.3 The Buyer shall indemnify and keep indemnified the Seller in full against all costs, losses, damages and expenses whatsoever arising in connection with the storage of the Goods if the Seller shall be prevented from delivering any of the Goods in accordance with the Contract as a result of delay or default on the part of the Buyer or any reason beyond the Seller's reasonable control. The Seller shall be entitled in its absolute discretion and without giving prior notice to the Buyer at the expiration of 3 months to sell or otherwise dispose of Goods kept in storage.
PRICE AND TERMS OF PAYMENT
4.1 The Seller shall be entitled to adjust the Contract price of the Goods and/or Services whether before or after the making of the Contract in the event of any variation in the cost to the Seller of supplying the same or any part thereof caused by any reason whatsoever beyond the control of the Seller and the Seller's written certificate of such variation shall be conclusive evidence of such variation and the extent thereof.
4.2 Unless otherwise agreed the price shall be due and payable on or prior to delivery of the Goods and/or completion of the Services or on sending notification that the Goods are in a deliverable state.
4.3 If the Buyer does not pay the whole or any part of the price on the required day then the Seller may suspend performance of the contract and/or further deliveries and/or determine the contract and notice shall be sent to the Buyer with which the Buyer must comply. In the event of the Contract being suspended for a continuous period of 30 days then either party may give the other notice to terminate the Contract forthwith. The seller shall be under no liability whatsoever to the Buyer for any direct or consequential loss or damage suffered by the Buyer as a result of the Seller's non-performance of its obligations under the Contract in these circumstances.
4.4 So long as any payment due from the Buyer to the Seller is outstanding, whether under the same or any other Contract or transaction, the Seller shall have a general lien on any Goods and any other property of the Buyer in its possession. The Seller shall be entitled on the expiration of not less than 14 days notice in writing to the Buyer to dispose of such property and to apply the proceeds towards satisfaction of such debts.
4.5 The Buyer shall not be entitled to withhold payment of any amount due to the Seller by reason of any disputed claim by the Buyer in connection with the Contract nor shall the Buyer be entitled to set off against any amount payable under the Contract to the Seller any amount which is not then due and payable by the Seller or for which the Seller disputes liability.
4.6 Any discount or retrospective bonus granted by the Seller to the Buyer is discretionary and may be withdrawn at any time at the Seller's option and is in any event subject to satisfactory payment by the Seller.
SUSPENSION AND CANCELLATION
5.1 If satisfactory references on the Buyer are not provided within seven days of a request therefore by the Seller or the Buyer shall commit any breach of the Contract and fail to remedy the same within 7 days of receiving the Seller's request in writing so to do, or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly, the Seller may: (a) stop any Goods in transit and suspend further deliveries and/or (b) suspend work on the Contract and/or (c) determine the Contract forthwith.
5.2 In the event of the Seller being prevented or hindered from completing the Contract either wholly or in part in accordance with the terms thereof for any reason beyond its reasonable control then further performance of the Contract shall be suspended for the period during which the Seller is so prevented provided that in the event of the Contract being suspended for a continuous period of more than 3 months then either party may give the other notice to terminate the Contract forthwith and in such circumstances the Buyer shall pay for all Goods supplied and/or Services provided to the date of such termination such payment to be made on or before the last day of the month following the month during which termination was effected. The Seller shall be under no liability whatsoever to the Buyer for any direct or consequential loss or damage suffered by the Buyer as a result of the Seller's inability to perform its obligations under the Contract in these circumstances.
5.3 The Seller's rights contained in Condition 8 shall continue beyond the discharge of the parties' primary obligations under the Contract consequent upon its termination.
5.4 The termination of the Contract for whatever reason will be without prejudice to the rights and duties of either party accrued prior to termination.
CLAIMS FOR DAMAGE IN TRANSIT/DEFECTS
6.1 No claims for non-delivery or shortages in quantity of units delivered, defective Goods, partial loss or damage to Goods will be accepted by the Seller unless: (a) they are notified in writing by the Buyer to the Seller on delivery (in the case of shortage in quantity of units delivered, by the Buyer indicating the shortage on the delivery documents) or within 2 days after the Date of Delivery (in the case of partial loss or damaged Goods) or 14 days after the Date of Delivery (in the case of defective Goods) or 3 days after the date of the invoice (in the case of non-delivery) and (b) the Goods in respect of which a claim is made together with the packaging are preserved intact as received for a period of 21 days from notification of any such claim and the Buyer permits the Seller or its servants or agents full and free right of access to inspect the Goods and investigate the claim. Section 3 Sale and Supply of Goods Act 1994 shall not apply.
7.1 In substitution for all and any other rights which the Buyer might or would have but for these Conditions, and subject to Condition 6, the Seller shall make good by replacement any damaged or defective Goods and shall repair any failure in the Services which, under conditions of proper use and maintenance, results from defects in the Seller's manufacture, design, materials or workmanship and which appears not later than 3 months after the Date of Delivery
7.2 Notwithstanding the provisions of Condition 7.1, in the case of a claim falling within Condition 7.1, the Seller reserves the right at its sole discretion to credit the Buyer in full the price paid by the Buyer to the Seller.
7.3 The Seller's liability under this Condition shall automatically cease if. (a) the Buyer is in breach of this or any other contract made with the Seller; or (b) the Seller or its servants or agents are denied full and free right of access to the allegedly defective Goods and/or Services; or (c) the Goods have been treated improperly or in a way which has contributed to the defect (whether before or after a defect is detected); or (d) the Goods undergo any processing by the Buyer.
7.4 The warranty set out in condition 7.1 shall be in lieu of any warranties conditions or undertakings whether express or implied by statute, common law or otherwise howsoever which warranties, conditions and undertakings are hereby expressly excluded, except that such exclusions will not apply to any implied condition that the Seller has or will have the right to sell the Goods when property is to pass.
7.5 Nothing in these Conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or for fraudulent misrepresentation.
7.6 Save as provided in Condition 7.1 and 7.5, the Seller shall not be liable to the Buyer for any direct, indirect, incidental, punitive or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses, or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract and/or use of this site.
7.7 The Seller shall be under no liability of any description to the Buyer if the Goods prove to be unsuitable for whatever reason for application or use notwithstanding that the Seller may, at the request of the Buyer, have given in good faith technical or other advice in relation to the proposed application or use of the Goods and the Buyer shall indemnify and keep indemnified the Seller in full against any and all liability of any kind arising out of or connected with the application or use of the Goods.
7.8 In the event that notwithstanding the other provisions of these Conditions the Seller is found liable for any loss or damage suffered by the Buyer, the Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the contract shall be limited to the price of the Goods and/or Services paid by the Buyer to the Seller.
7.9 Where the Goods are sold under a consumer sale (as defined by the Sale of Goods Act 1979) the statutory rights of the Buyer are not affected by these conditions.
TITLE TO GOODS AND RISK
8.1 Full legal and beneficial ownership of the Goods shall be retained by the Seller until the Seller has received payment in full in respect of (a) the Goods and (b) all other sums which are or which become due and owing by the Buyer to the Seller on any account whatsoever.
9.1 Any notice required or permitted to be given by either party to the other under these 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.
9.2 Any notice given pursuant to Condition 9.1 shall be deemed to have been served if delivered by hand, on the first business day following delivery; if sent by post, on the third business day after posting if the address of the recipient is in the country of dispatch, otherwise on the seventh business day after posting; if sent by facsimile transmission or e-mail, on the first business day following successful transmission.
10.1 These Conditions and each and every Contract made pursuant to them shall be governed by and construed in all respects in accordance with the laws of England and the Seller and the Buyer hereby agree to submit to the exclusive jurisdiction of the English Courts.
Changes to these terms: These terms were last edited on 12th March 2019. These terms and conditions apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.