Fish and More is Your Local Fishmonger Selling Quality Frozen at sea Fish and More Direct to Your Door
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Please read these terms and conditions carefully as ordered placed via our website will be governed by them.
In these Terms and Conditions:
1.1. Company means The Fish and More Food Co (Langtoft) Limited, whose Company Registration Number is 07072249 and whose registered office is Unit 14 & 15 Sellwood Court, Pride Parkway, Sleaford Enterprise Park, Sleaford, Lincolnshire, England, NG34 8GJ and any other names associated with the Company including Fish 4 You.
1.2. Contract means the Contract between the Company and the Customer for the sale and purchase of the Products in accordance with these Terms and Conditions.
1.3. Customer means any person, company or other legal entity which places an order, or buys any Products from the Company.
1.4. Products means any food supplied by the Company to the Customer.
1.5. Internet Order means the Customer’s order for the Products from the Company as submitted following the step-by-step process set out on the Company website.
1.5. Business Day means any other day of the week not including Saturday, Sunday or any Bank Holiday.
1.6. Courier means a third-party delivery firm contracted by the Company to deliver their Products to a Customer. Currently we do not offer a Courier service and terms related to Courier should be ignored.
2.1. These Terms and Conditions of sale as may be amended by the Company from time to time without prior notice given.
2.2. These Terms and Conditions will be deemed to have been accepted by you when you accept them, place an order either through a sales representative, over the telephone, via an email or through the Company website (Internet Order) or from the date of any delivery of the Products (whichever happens earlier) and will constitute the entire agreement between the Company and the Customer.
2.3. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
2.4. Words imparting the singular number include the plural and vice-versa.
2.5 In some cases Product images on the Company website are used for illustrative purposes only and may differ from the actual Product.
3.1. By placing an order with the either through a sales representative, over the telephone, via an email or through the Company website (Internet Order), the Customer is offering to purchase the Products in accordance with these Terms and Conditions. The Contract shall be formed when the Company acknowledges acceptance of the Customer’s order or commences delivery of the Products to the Customer, whichever occurs earlier.
3.2. The Customer is responsible for ensuring that the terms of any order are complete and accurate.
3.4. No pricing made available to the Customer in any way shall constitute an offer and the Company may amend its prices at any time.
3.4. Price is inclusive of any sales, processing, excise, value added or other taxes, duties or levies (collectively, “Taxes”).
3.5. Price is exclusive of delivery of the Products by the Company to such address as is agreed by the Company and will be subject to carriage and packing unless the order value qualifies for free delivery or is delivered by one of our sales representatives.
3.6. The Contract is subject to availability of stock and the Company reserves the right to vary or alter the specification of Products without notice unless otherwise agreed in writing with the Customer.
3.7. The Contract constitutes the entire agreement between the parties and the Customer acknowledges that it has not relied on any statement, promise or representation made or given by, or on behalf of, the Company which is not set out in the Contract.
3.8. Any Product descriptions or cooking suggestions contained in the Company’s Product boxes or on the Company’s website are produced for the sole purpose of giving an approximate idea of the Products. They shall not form part of the Contract or have any contractual force.
4.1. Subject to Condition 4.2, the risk of loss or damage to the Products shall pass to the Customer on completion of delivery, in accordance with Condition 6.3.
4.2. The Company shall not be responsible for any loss or damage to the Products which is caused due to the condition of the delivery location or any act, default or omission of the Customer or its representatives.
4.3. Title in the Products shall not pass to the Customer until the Company has received in full, all sums due to it in respect of the Products.
4.4. Until title passes to the Customer, the Customer shall hold the Products on a fiduciary basis as the Company’s bailee; store the Products separately from all other products in such a way that they are clearly identifiable as the property of the Company; maintain the Products in a satisfactory condition; keep the Products insured on the Company’s behalf for their full price against all risks; and notify the Company immediately if it becomes subject to any of the events listed in Condition 7. Provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Products are stored, in order to recover them.
5.1. Payment is immediate either directly to the sales representative when placing an order or when an order is delivered, if the Product was originally out of stock, or via the Company website where an order is placed online.
5.2. Credit is not offered for any Products and as such no order will be executed until cleared payment has been received.
5.3. In the event of any cheque payment from a Customer to the Company being dishonoured, a charge of £40.00 (or such other sum as the Company may from time to time advise the Customer) may be made to Customer’s to cover bank and administrative costs.
5.4. Where a payment has been dishonoured after the Product has been delivered, then the Product is subject to Conditions 4.3 and 4.4.
6.1. Deliveries of Products to the Customer shall be in accordance with the Company’s or Courier’s delivery schedule. Deliveries are normally made on a Business Day and the Company shall not be liable for any loss or damage whatsoever arising as a result of a delay or failure to deliver Products by a particular date or arising as a result of any cause beyond the Company’s or Courier’s control, including any force majeure event or the Customer’s failure to provide adequate delivery instructions. Time for delivery shall not be of the essence.
6.2. Delivery of Products shall be made by the Company or Courier to a reasonably accessible location at the Customer’s premises, or as otherwise agreed between the parties (“the delivery location”). The Customer shall allow the Company or Courier access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place of delivery to take delivery of the Products and to sign for them. If such a person is not present at the time of delivery the Customer hereby consents to the Company or Courier leaving the Products at what appear to be the premises nominated by the Customer as the place of delivery, and when the Products are so left, risk in the Products shall pass to the Customer and no liability shall remain with the Company or Courier in respect of the Products.
6.3. Delivery of the Products shall be completed once the Products are unloaded at the delivery location.
6.4. If the Customer fails to take delivery or fails to give the Company or Courier adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to the Company, the Company may do one or more of the following:
6.4.1. charge the Customer the cost of carriage of the refused delivery both to and from the delivery location in addition to the Company’s administration charges involved;
6.4.2. charge the Customer the full cost price of the Products and a sum in respect of its loss of profit provided that the Company shall use its reasonable endeavours to mitigate such loss.
6.5. If the Customer fails to take delivery or fails to give the Company or Courier adequate delivery instructions at the time stated for delivery, the Customer shall not be entitled to refuse to accept redelivery after the estimated date for delivery by reason of the consequent failure of those Products to meet any shelf-life requirement or otherwise.
6.6. The Company may deliver the Products by instalments, which shall be invoiced separately. Any delay in delivery shall not entitle the Customer to cancel any order or any instalment.
6.7. As the Products are perishable and have a limited delivery timetable, Internet Orders placed on a Friday (Business Day, not a Bank Holiday Friday) will be shipped on the next available Business Day, which does not include Bank Holidays.
6.8. Orders placed before 3.00pm on a Monday to Thursday Business Day, will be shipped the same day. Orders placed after this time, may not be shipped until the following Business Day, except where clause 6.7 comes in effect.
7.1. The Customer must check that the quantity and specifications of Products delivered correspond with the Contract before signature of the delivery note.
7.2. Claims in respect of short deliveries or damage to Products reasonably visible on inspection must be made to the Company within 24 hours of the time of the delivery which gives rise to the claim. The Customer must retain damaged Products in the original packaging and stored in a freezer for inspection and collection. Credit will only be granted by the Company if the provisions of this Condition are complied with.
8.1. This is a Distance Contract (as defined below) which has the cancellation rights set out below: These cancellation rights, however, do not apply, to a Contract for the following Products (with no others) in the following circumstances;
8.1.1. Products which are liable to deteriorate or expire rapidly.
8.1.2. Also, the cancellation rights for a Contract cease to be available in the following circumstances;
a) In the case of any Internet Order, if the goods become mixed inseparably (according to their nature) with other items after delivery.
8.2. Your rights to end the Contract will depend on whether there is anything wrong with the Products, how we are performing the Contract and when you decide to end the Contract.
8.3. The Customer has a limited right to change his/her mind. As our Products are perishable foods, which are likely to deteriorate very quickly, they are exempt from your ‘normal’ legal right to change your mind within 14 days of the date of your Order. If you change your mind and wish to cancel your Internet Order you must notify us in accordance with clause 8.6 before 2pm:
8.3.1. on the day you have placed your Internet Order where you have chosen courier delivery for your Order; or
8.3.2. If the Internet Order was placed on a Friday (Business Day), as the Order will not be sent until the next Business Day
8.4. Ending the Contract because of something we have done or are going to do; You may end the Contract for the following reasons:
8.4.1. we have told you about an upcoming change to the Products or these Terms which you do not agree to;
8.4.2. we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
8.4.3. there is a risk that supply of the Products may be significantly delayed because of events outside our control;
8.4.4. we have suspended supply of the Products for technical reasons or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.4.5. you have a legal right to end the Contract because of something we have done wrong. In these circumstances, we will refund you in full for any Products which have not been provided.
8.5. You also have the right to change your mind if the Products are faulty or not as described. In these circumstances you may be entitled to a refund or exchange. However, you can still end the Contract before it is completed as detailed in clauses 8.4.
8.6. Where you have the right to and are ending the Contract under clause 8 or for one of the reasons under clause 8.4, you must do so by emailing us at with your Internet Order number and delivery address and the Contract will immediately come to an end.
8.7. Where a Product has been delivered incorrectly and is to be returned, the Customer must store the Product in its original packaging, in a freezer at the correct temperature and not mix it with any other products and await instructions from the Company for collection of the Product. Carriage will be at the cost of the Company.
8.8. If the Company agrees to accept a return for a Product ordered wrongly by the Customer, that has been delivered by a Courier, it is the responsibility of the Customer to store the Product in its original packaging, in a freezer at the correct temperature, not mix it with other products and await instructions from the Company for collection of the Product or instructions on how to return the Product. Carriage will be at the cost of the Customer.
8.9. If the Company agrees to accept a return for a Product ordered wrongly by the Customer, that has been delivered by one of our sales representatives, it is the responsibility of the Customer to store the Product in its original packaging, in a freezer at the correct temperature, not mix it with other products and await instructions from the Company for collection of the Product. The Company reserves the right to charge a mileage cost to the Customer for collection..
8.10 For the purpose of these Cancellation Rights these words have the following meaning:
8.10.1 Distance Contract means a Contract concluded between the Company and a Customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Company and the Customer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded;
8.10.2 Internet Order means a Contract under which the Customer buys the products through the Company’s website.
9.1. The Company warrants that all food Products shall comply with the Food Safety Act 1990 and all relevant UK legislation from time to time in force.
9.2. The Customer shall ensure that no food Products it purchases from the Company is sold (or otherwise distributed) after any ‘best-before’ or ‘use-by’ dates included on the Products or their packaging. To the extent any food Product is sold (or otherwise distributed) by the Customer after any such date, it shall be at the Customer’s sole risk, and the Customer shall compensate and hold the Company harmless against any losses, claims, expenses or damages it incurs howsoever relating to the same.
10.1. Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for: (i) death or personal injury caused by the Company’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other matter in respect of which it would be unlawful for the Company to exclude or limit liability.
10.2. The Company shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence) or otherwise, for any loss of profit, loss of opportunity, loss of customers, loss of reputation or any indirect or consequential loss arising under or in connection with the Contract;
10.3. In respect of damaged or otherwise defective Products, the Company’s liability shall be limited to replacing the whole or any part of the respective Product or, at the Company’s option, refunding or crediting the purchase price or a prorated portion of the purchase price;
10.4. In all other circumstances, the Company’s total liability to the Customer in respect of all other losses arising under or in connection with a Contract shall in no circumstances exceed the value of the order to which the Contract relates.
10.5. The Company shall not be liable for any losses, expenses, claims or damages suffered or incurred by the Customer (or any third party):
10.5.1. to the extent they arise as a consequence of any damage or defect in a Product which was caused by its unsatisfactory storage, treatment or handling (other than by the Company or its Courier) or any act or omission on the part of the Customer or its employees, agents or representatives;
10.5.2. relating to damaged or defective Products where the damage or defect ought reasonably to have been noticeable at the time of delivery, and the damage or defect is not reported to the Company in accordance with Condition 7.
12.1. Copyright and all other intellectual property rights in the Products shall remain at all times the property of the Company. The Customer shall acquire no rights in the Products except as expressly provided for in these Terms and Conditions.
12.2. The Customer may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from the Company websites. The Customer may not use the Company websites or their content for any commercial purpose (including the collection and use of any listings, descriptions, or prices), make any derivative or commercially exploitative use of the websites or their content, download or copy account information, use any data mining, robots or similar data gathering and extraction tools without the explicit written consent of the company. Any unauthorised use terminates any permissions granted.
13.1. “Force Majeure” means an event beyond the reasonable control of the Company and includes, without limitation, events that may arise due to the departure of the United Kingdom or part thereof from the European Union (“Brexit”) or out of negotiations between the United Kingdom and the European Union regarding the same, which, whilst they may or may not have been reasonably foreseeable, could not have been reasonably avoided; any failure or delay on the part of a supplier to supply Products and/or services; acts of God; expropriation or confiscation of facilities; any form of Government intervention; war, hostilities, rebellion; terrorist activity; pandemic; local or national emergency (including an emergency service to a hospital); sabotage or riots; industrial action; floods, fires, explosions or other catastrophes; closure of motorways or other roads, or unusually severe traffic congestion (including closure or delay at borders), leaving no reasonable alternative route; unusually severe weather conditions; loss of power or telecommunications systems; or computer failure or breakdown (which could not have been reasonably avoided).
13.2. The Company reserves the right to defer the date of delivery or reduce the volume of Products ordered by the Customer or to cancel the Contract without liability to the Customer if it is prevented from or delayed in the carrying out of its obligations under the Contract due to a Force Majeure Event. The Company may make adjustments to the pricing and/or other financial terms relating to supply of the Products, to take into account the financial impact of any Force Majeure event on the Company.
14.1. The Company has a legal obligation to supply the Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
14.2 Upon delivery, the Products will:
a. Be of satisfactory quality
b. Be reasonably fit for any particular purpose for which you buy the Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. Conform to their description
14.3. It is not a failure to conform if the failure has its origin in our materials.
15.1. Failure or delay on the part of the Company in enforcing any provision of the Contract shall not be construed as a waiver of any of the Company’s rights under the Contract. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
15.2. If any provision of the Contract is found by any Court, tribunal or other 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.
15.3. The Company may make available certain promotions from time to time. The Customer shall be bound by any additional terms that apply to any promotions and the Customer shall be responsible for ensuring the Customer contact registered to receive the promotion is correct and updated accordingly from time to time.
15.4. Where available, the Company may provide the Customer with an online account, through which the Customer will be able to place and manage its orders and to find out about relevant promotions that are available to the Customer. This online account will allow the Customer to be better informed about the status of orders and, over time, the Company may add other features to help its Customers to manage contact details, account information and to track its orders. Order confirmations will be e-mailed to the Customer when orders are placed (or amendments to the Order are agreed). Where the Customer has an online account, it is the responsibility of the Customer to ensure its account details remain up to date and accurate. Access to the Customer’s online account will be subject to the Company’s website terms of use and acceptable use policy. The Company reserves the right to refuse the service, terminate accounts or remove or edit content or functionality at any time.
15.5. The Company, but not the Customer, may assign its rights and obligations under the Contract.
15.6 The Company makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our services.
15.7. No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking action of any kind.
15.8. No part of this website is intended to constitute a contractual offer capable of acceptance.
15.9. The Company reserves the right to change the website, its content and images at any time.
15.10 The Company website is provided as is and on an as-available basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
15.11 The Company accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
15.12. The Company reserves the right to amend these Terms and Conditions from time to time by posting updated versions on its website.
15.13. The Contract shall be governed by the laws of England and the Company and the Customer agree to submit to the exclusive jurisdiction of the English Courts.
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