Trade Customers Terms & Conditions Of Sale
1. These terms and conditions of sale apply to all contracts of sale entered by Natco Foods Limited (‘the seller’). Notwithstanding any conflict with any terms and conditions specified by the buyer in the buyer’s order form or otherwise, the seller’s acceptance of the buyer’s order is on the condition that only these terms and conditions shall apply to the order. By acceptance of deliveries, the buyer shall be deemed to accept the terms and condition contained therein. Failure by the seller to object to any term and condition contained in any communication from the buyer shall not be deemed to be a waiver of these terms and conditions.
2. All orders are accepted subject to the availability of the goods at the time of despatch.
3. Unless otherwise stated prices quoted are delivered to the buyer’s premises.
4. All delivery dates are given in good faith, and the seller will not be liable for failure or delay in delivery due to circumstances beyond the reasonable control of the seller. In the event of any such delay the date of delivery shall automatically be extended.
5. All pallets are returnable. A charge of £7.00 per pallet will be debited if they are not returned in good condition within 21days. Alternatively, sound exchange pallets may be returned to the seller at the time of delivery.
6. The seller shall have the right to make, and the buyer shall accept, delivery by instalments of the goods ordered by the buyer.
7. Goods once sold are not returnable. Any discrepancy, damage or shortage of goods must be notified immediately in writing on receipt of goods. Any defect in goods if not notified immediately, must be notified in writing within seven days from the date of receipt of goods.
8. No goods shall be returned to the seller without prior authorisation of the seller.
9. An order will be accepted subject to the satisfactory credit status of the buyer and the seller reserves the right to terminate the contract in the event of the credit status of the buyer, ceasing to be satisfactory to the seller.
10. The goods will be supplied substantially to the specification described in the price list. In the event of alteration to the weight or the packing specification, orders will be delivered and invoiced accordingly.
11. In the event of any goods being returned, the seller reserves the right to charge the cost of carriage, handling and any other expenses which maybe incurred.
12. Each delivery of the goods by the seller to the buyer shall be a separate contract except when the contract is specifically for delivery by instalments and the buyer shall not be entitled to withhold any payment due under one contract against any claim under any other contract.
13. Payment shall be made by the seller in accordance with terms stated on the invoice of sale.
14. The property in the goods hereby invoiced shall not pass to the buyer until receipt by the seller of all sums due to the seller, whether due under this invoice or under any contract to which this invoice relates or under any other contract between the seller and the buyer, notwithstanding that the seller has given to the buyer prior permission to resell the goods and/or documents of title to the goods. Any cheque given by the buyer in payment of any sum due to the seller shall not be treated as received by the seller until such cheque is cleared.
15. The sellers shall be entitled to charge interest at the rate of 24% per annum on any Invoice or upon the balance of any invoice outstanding for a period excess of any agreed period mentioned on the Invoice.
16. The buyer hereby agrees that in the event that any cheque, Bill of Exchange, Promissory Note or other negotiable instrument is dishonoured or returned to the sellers Banks unpaid for any reason the seller shall be entitled to debit the buyers account with the sum of £20.00 for each representation. In the event that the charges mentioned herein as debited to the buyers account remain unpaid for the period agreed in the invoice the seller shall be entitled to charge interest at the rate of 24% per annum.
17. If the goods or any part thereof supplied under the contract are processed, altered or tampered with in any way by the buyer or receiver of the goods or any other person, the quality of the goods shall be deemed acceptable to the buyer. All customer’s quality control checks are to be completed on the entire load prior to use in production.
18. This contract shall be governed by and construed in accordance with the laws of England whose Courts shall have exclusive jurisdiction to which the buyers and the sellers hereby submit.
19. We collect Personal Data when you:
- Register to use and/or natcofoods.com or natcocc.com or agree to receive news about specials or other promotions;
- Register to use the Natco Foods Mobile Sales App or the Natco Foods Web Ordering Portal;
- Place an order or purchase products or services, at our Cash and Carry or online, or return or exchange items;
- Contact us for any reason including questions, enquiries, comments, complaints or requests; such as by replying to enquiries by mail or fax, by telephone or in person at one of our locations;
- Sign up for or renew your Natco Cash and Carry membership (including information about your credit history that may be collected, used, or disclosed if you choose to pay by cheque);
- Add an additional cardholder to your account;
20. The Personal Data we collect is generally used to process your requests or transactions, validate your membership, provide you with high-quality service, tell you about opportunities we think will be of interest and administer your account, including distribution of our own surveys and publications. For example, we may use your telephone number, your e-mail or your postal address to:
- Approve you as a member when you apply for membership;
- Manage the provision of goods and services to you, including monitoring your membership, processing exchanges or returns, to conduct a credit check if you choose to pay by cheque, to determine your credit status and for fraud detection and identification purposes;
- Manage invoicing, accounting and information security services related to our transactions with you;
- Protect against harm to the rights, property or safety of Natco, its customers, employees, or the public;
- Send notifications (via email or SMS/text message) related to your purchases, such as purchase confirmations or delivery schedules;
- Alert you about product recalls or safety issues;
- Provide you with news, promotional information, offers, other information from Natco and selected partners and product recommendations ("Promotional Information").
You may contact us at any time to decline Promotional Information
21.Sharing of Personal Data
We share information in these circumstances:
- Order Fulfilment
We may provide to a third party information necessary to process a transaction or fulfil an order you have placed with us. For example, if you pay by a debit/credit card, your card number and sales transaction information are passed on to the card processor and/or issuer (including their service providers such as fraud verification services). However, we give suppliers, and others involved in the distribution chain only the information needed to provide you the products or services you order, such as shipping and/or billing address, e-mail address, telephone number and product orders. We are not responsible for any information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.
- Service Providers and Contractors
From time to time we engage unaffiliated third parties and their affiliates, agents and subcontractors (“Service Providers”) to perform certain technological or administrative services on our behalf. For example, we retain companies to process debit and credit card payments. We may also use a Service Provider to host and administer one or more of our Sites, process and store data, and fulfil similar technology-related functions on our behalf. In these circumstances, the Personal Data that the Service Provider receives is limited to only the Personal Data held by us that they need in order to render their service to us.
If any of these service providers need access to your Personal Data, we require them to use it only to perform the services for us. We also require that they maintain the confidentiality of the information and/or return the information to us when they no longer need it.
We may disclose Personal Data without your knowledge or consent if a court order legally authorises us or requires us to do so. We may also disclose Personal Data to protect the rights, property or personal safety of Natco, its customers, employees or other members of the public.
Except as set out above, we do not sell, rent, share or disclose the Personal Data we hold without your consent.
22. Withdrawing Consent/Updating Your Personal Data
We aim to keep it really simple in terms of how you can withdraw consent to receive promotional information from us and how you can update your personal details.
If you no longer wish to receive any marketing information from us and/or would like to be removed from our database, please let us know in one of the following ways:
- Call – please call our head office in Buckingham on 01280 825 430, Email – Data Protection Team on firstname.lastname@example.org
- Write - Data Protection Team, Natco Foods Ltd, Choithram House, Swan Business Park, Buckingham, MK18 1TB
23. Questions or Concerns
If you have any questions or concerns about this privacy statement or would like to contact us for any reason, please contact us by email at email@example.com; or in writing at Data Protection Team at Natco Foods Limited, Choithram House, Swan Business Park, Buckingham MK18 1TB.