Terms & Conditions
of Sale

(revised August 2012 - Paragraph 5.10 (Delivery)

1
Definitions

1.1
“Contract” means any contract between you and us for the sale and purchase of the Goods, incorporating these Terms;
1.2
“Goods” means goods agreed in the Contract to be supplied to you by us;
1.3
“Mainland United Kingdom” means mainland United Kingdom and for the avoidance of doubt excludes all post codes listed here.
1.4
“Order” means your order for the Goods as per clause 3;
1.5
“Site” means www.multipower.com/uk;
1.6
“Terms” means the terms and conditions of sale set out in this document;
1.7
“us” “we” or “our” means Atlantic Multipower UK Limited, registered number 2122831, registered office address Robert Denholm House, Bletchingley Road, Nutfield, Surrey RH1 4HW, VAT Registration No. 443 156465;
1.8
“Working Days” means all days other than Saturdays, Sundays and public holidays; and
1.9
“you” and “your” means the person who purchases the Goods from us.

2
Application of terms

2.1
These Terms apply to the Contract to the exclusion of all other terms and conditions (including any terms or conditions which you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing).
2.2
These Terms regulate the supply of Goods by us to you. All other terms, conditions or representations are excluded (except as implied by statute or in respect of fraudulent misrepresentation).
2.3
The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made by or given by or on behalf of us which is not set out in the Contract.
2.4
Any descriptions or illustrations contained on the Site are produced for the sole purpose of giving an approximate idea of the Goods and they shall not for part of the Contract or have any contractual force.

3
Orders

3.1
You can place an Order on our Site by adding Goods to your basket and following the checkout process.
3.2
By placing an Order you indicate that you over the age of 18.
3.3
You are responsible for ensuring that your Order details are complete and accurate.
3.4
Each Order for Goods by you to us shall be deemed to be an offer by you to purchase Goods subject to these Terms and all Goods are offered subject to stock and availability.
3.5
We will issue you with an e-mail to confirm receipt of your Order. This confirmation will set out a description of the Goods ordered and the total cost of the Goods ordered, including delivery and VAT.
3.6
Our acceptance of your Order takes place when the Order is despatched to you, at which point the Contract will arise and the amount due from you to us for the Goods despatched will be debited from your payment card.
3.7
Orders may only be placed where the delivery address specified is in the Mainland United Kingdom.
3.8
Please note that promotional vouchers for the site apply to the full RRP of the product and cannot be used in conjunction with an already discounted product, unless specified. This applies to monetary and percentage discounts. The value of the discount cannot exceed the value of the product.

4
The Goods

4.1
The description of the Goods shall be as set out on the Site at the time you place your Order for the Goods.
4.2
The Goods we supply are perishables so please read and follow the instructions and labels on the Goods as to storage and shelf-life.
4.3
Goods are not supplied for the purposes of resale.

5
Delivery

5.1
Orders received by 12 noon on Working Days will normally be processed and despatched the same day by our delivery contractors.
5.2
During busier periods this may take longer but we attempt to process all Orders within 24 hours of being placed on Working Days.
5.3
Orders placed otherwise than on Working Days will be processed and despatched within 24 hours of the next Working Day.
5.4
Delivery of the Goods shall be deemed to have taken place on delivery of the Goods to the address specified by you on the Order. A signature will be required. Goods delivered must be signed for by an adult over the age of 18 years.
5.5
If no one is at the address when the delivery is attempted the delivery contractor will leave a card advising you who to contact to arrange collection or re-delivery. If you do not make arrangements for collection or re-delivery of the Goods within a reasonable period the goods will be returned to our warehouse and we will only refund the price of the Goods less a handling charge of £15 (fifteen pounds) provided the Goods have been returned to us in their original condition.
5.6
If you give specific delivery instructions in your Order either to leave the goods at a neighbouring address or outside your premises without obtaining a signature, the Goods are delivered entirely at your own risk and we will not accept responsibility for any loss or damage suffered.
5.7
Any date specified by us for delivery of the Goods is intended to be an estimate only. Whilst we make every effort to keep to stated delivery times, we cannot be held liable for any losses or costs incurred as a result of a failure to meet estimated delivery dates and/or times.
5.8
A delay in the delivery of the Goods will not entitle you to terminate or rescind the Contract unless such delay exceeds 30 days.
5.9
Our liability for non-delivery of the Goods shall in the event that we have received payment for the Goods from you be limited to replacing the Goods within a reasonable time or providing you with a full refund at our discretion.
5.10
Standard delivery for orders over £10.00 to Mainland United Kingdom is free. For orders under £10.00 a £5.00 delivery charge applies. Please allow 2 Working Days from date of despatch.
5.11
Express delivery to Mainland United Kingdom is charged at the prevailing rate as notified to you on any Order. Delivery will be the next Working Day from despatch.
5.12
In the event that you notify or contact us specifying a delivery address different from the original address provided in the Order and the Goods have already been despatched, an additional charge of £10 (ten pounds) will apply.

6
Title and risk

6.1
The risk in the Goods shall pass to you on completion of delivery.
6.2
Title to the Goods shall not pass to you until we have received payment in full, of cleared funds.

7
Payment and security

7.1
You can pay us using any of the following cards: Visa, Mastercard, Maestro, Solo, Delta or Visa Debit Card. Authority for payment must be given at the time you place your Order.
7.2
In addition to the price of the Goods a delivery charge per Order may be payable by you in accordance with clause 5.11 and/or clause 5.12.
7.3
The price you will pay for the Goods will be the price stated on the e-mail confirmation we send you following receipt of your Order.
7.4
You will only be charged for items when your Order is despatched.
7.5
No payment shall be deemed to have been received by us until we have received cleared funds.
7.6
All prices are expressed to be VAT inclusive unless otherwise stated.

8
Liability

3.8
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
8.1
Subject to clause 8.2 our liability to you in connection with any Contract will not exceed the total price charged for the relevant Goods under that specific Contract and we shall not be liable for any indirect or consequential loss or damage or loss of profits arising out of our supply or failure to supply the Goods to you.
8.2
Nothing in these Terms shall limit or exclude our liability for:
8.2.1
Death or personal injury caused by our negligence, or the negligence, or the negligence of our employees, agents or subcontractors (as applicable);
8.2.2
Fraud or fraudulent misrepresentation;
8.2.3
Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
8.2.4
Defective products under the Consumer Protection Act 1987; or
8.2.5
Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

9
Returns and cancellation

9.1
If Goods we supply to you are not fit for consumption or defective, you should return them to us in their original packaging within 14 days of delivery and we will, upon being satisfied that the Goods are not fit for consumption or are defective, at our discretion, either provide you with a refund on the Goods (and the delivery charge (if any)) or replace them for you.
9.2
For perishable Goods, you may not cancel your Order after it has been accepted by us in accordance with clause 3.
9.3
For non-perishable Goods you may cancel your Order up to 7 Working Days starting from the date after the Goods have been delivered to you. You must return the Goods to us at the address specified above, at your own cost and risk, stating that you want to cancel the Order. The Goods must be in their original condition in order for you to receive a full refund less delivery charges, if applicable, from us. Any such refund will be made within 30 days of you cancelling your Order.

10
Force majeure

10.1
We shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of our obligations under it if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods you ordered without liability to you at our discretion.
10.2
If the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give notice in writing to us to terminate the Contract.

11
Intellectual property rights

We do not warrant that the Goods are free from infringement of intellectual property rights in any country nor that the use of such Goods in any country is free from infringement.

12
General

12.1
We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any rights or obligations under the Contract.
12.2
Except as set out in these Terms, any variation of the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by us.
12.3
If any provision of these Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
12.4
Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
12.5
Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
12.6
The parties to this Contract do not intend that any term of this Contract will be enforce-able by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.7
Any formal legal notices shall be sent by you to us and by us to you by e-mail and confirmed by post.