One Planet Trading ? Terms and Conditions of Sale ? Wholesale and Retail
All contracts for the sale of goods (?Goods?) by One Planet Trading Limited (?the Company?) to any person, firm or company (?the Customer?) are subject to the following Terms and Conditions of Sale (?Terms?), except were agreed in writing by a duly authorised representative of the Company. In these Terms ?Contract? means any contract for the supply of Goods formed by the Company?s acceptance of the Customer?s order. By placing an order with the Company, the Customer agrees and accepts that these Terms are incorporated into any such Contract.
- Each order for Goods by the Customer from the Company shall be deemed to be an offer by the Customer to purchase Goods subject to these Conditions. The Customer shall ensure that the terms of its order and any applicable specification are complete and accurate.
- No order will be binding upon the Company unless and until accepted by the Company in writing or, if earlier, the Company delivers the Goods to the Customer.
- Orders are accepted only on the basis that these Terms (or as varied as aforesaid) govern the resulting Contract formed by the Company?s acceptance of that order. Accordingly any terms and conditions endorsed on or contained or referred to in any Customer?s purchase order, confirmation of order, specification or other document or which are implied by custom, trade, practice or course of dealing or are otherwise communicated to the Company which are not specifically agreed to in writing by the Company, shall be excluded from the Contract and the Customer waives any right which it might have to rely on such terms and conditions.
- The Company reserves the right to amend any accidental error or omission on quotations, order acknowledgements, invoices or credit notes.
- Although all delivery dates stated by the Company are given in good faith and all reasonable efforts will be made to adhere to them, they are estimates only and (subject to the other provisions of these Terms) the Company accepts no liability for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or the Customer?s failure to provide the Company with adequate delivery instructions. Time for delivery shall not be of the essence and the Customer will not be entitled to terminate or rescind the Contract in the event of any delay in delivery.
- Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place on the Goods? arrival at the delivery address stipulated by the Customer.
- The Company shall be entitled to make deliveries by instalments and delivery of part only of any order shall not entitle the Customer to reject the Goods.
- If for any reason the Customer fails to accept delivery of the Goods on the date of delivery, or the Customer is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the Customer?s risk until actual delivery and the Customer will be liable for all related costs and expenses (including without limitation storage, insurance and additional carriage costs).
- All drawings, descriptive matter, specifications, and advertising issued by the Company and any descriptions or illustrations contained in the Company?s catalogues or brochures are issued or published for the sole purposes of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.
- Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specifications the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or if required to comply with any applicable standards or legal requirements.
- Unless otherwise notified to the Customer, Goods will be invoiced at the price stipulated in the Company?s published price list current at the date of delivery.
- In the case of any order delivered by instalments each instalment shall be invoiced at the price stipulated in the Company?s published price list at the date of delivery of such instalment and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
- Unless otherwise agreed, the Company shall invoice the Goods on or after despatch of the Goods. The Company shall be entitled to invoice each instalment as and when each instalment is despatched. Payment of all sums shall be made in sterling and is due in full and in cleared funds within 30 days after the invoice date (unless otherwise agreed in writing by the Company). The Company may sue for any monies outstanding beyond this date even if property in any relevant Goods has not passed to the Customer. Time for payment is of the essence.
- If any payment is not made in full and in cleared funds by the due date then, without affecting any other right or remedy which it may have, the Company may deduct any outstanding amounts from any monies owed to the Customer on any account whatsoever.
- All sums payable to the Company in respect of Goods delivered to the Customer under any contract between the Customer and the Company shall become due immediately upon termination of the Contract despite any other provision.
- The Customer will be liable to pay interest to the Company on any outstanding amounts due from the Customer pursuant to the Contract which shall accrue from the due payment date on a daily basis until the date of payment at a rate of 2% above National Westminster Bank plc?s base lending rate from time to time in force, whether before or after any judgment. The Customer shall make all payments due under the Contract without any deduction by way of set off, counterclaim, discount, abatement or otherwise.
- Deliveries to addresses outside the United Kingdom shall be subject to FOB terms (as defined in the latest published version of Incoterms from time to time). It is the Customer?s responsibility to obtain all necessary import licences, clearances and other consents necessary for the purchase of the Goods and to ensure that the Goods comply with all local legislative or other legal requirements.
- The quantity of any consignment of Goods as recorded by the Company on despatch from the Company?s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
- The Company will (at the Company?s option) either replace or refund the price of any Goods which are shown to the Company?s reasonable satisfaction to be defective in materials or workmanship at the time of delivery or where there is a shortfall in quantity delivered and the Company shall have no further liability for such Goods provided that:
- the Customer inspects the Goods on delivery and notifies the Company within 24 hours of delivery of any alleged defects, shortage in quantity or damage and the Company is given a reasonable opportunity to examine the Goods and the Customer (if asked to do so by the Company) returns such Goods to the Company?s place of business at the Customer?s cost;
- when signing for deliveries the Customer must state clearly on the delivery note any damage or shortages;
- the Company shall not be liable for any defective Goods if the Customer makes any further use of the Goods after giving notice of any defect, if the defect arises because the Customer failed to follow the Company?s instructions as to the storage or use of the Goods, or if the Customer alters or repairs the Goods without the written consent of the Company;
- the Company shall not be liable for non-delivery of Goods unless written notice is given to the Company and to the carrier within fourteen working days of the intended delivery date; and
- these Terms shall apply to any replacement Goods supplied by the Company
and if the Customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of them.
- Subject to clause 20, clauses 21 to 24 set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of:
- any breach of these Terms; and
- any representation, statement or tortuous act or omission including negligence arising
under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the Company?s negligence or fraudulent misrepresentation or any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
The Customer?s attention is in particular drawn to the provisions of clause 24.
- Subject to clauses 22 and 23:
- the Company?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 the subject of the Contract; and
- the Company shall not be liable to the Customer for loss of profit, goodwill or business opportunity or production downtime or any type of direct, indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
- No order may be cancelled by the Customer and, unless otherwise stated in these Terms, no Goods may be returned without the Company?s prior written agreement. Any such returns which the Company agrees to accept must be forwarded carriage prepaid to the Company and the Customer shall also comply with any other provisions of the Company?s returns policy from time to time in place. On returns that require repackaging or re-boxing, an appropriate charge will be made which the Customer will be liable for.
- The Goods shall be at the Customer?s risk from the time of delivery.
- Ownership of the Goods shall not pass to the Customer until the Company has received in full in cash or cleared funds:
- all sums payable in respect of the Goods; and
- all other sums which are or which become payable to the Company from the Customer on any account including interest on such sums
- Until ownership of the Goods has passed to the Customer, the Customer shall:
- hold the Goods on a fiduciary basis as the Company?s bailee;
- store the Goods separately to the other goods of the Customer or any third party in a way that they remain readily identifiable as the Company?s property;
- not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
- maintain the Goods in a satisfactory condition insured for their full price against all risks and hold the proceeds of insurance on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account;
- notify the Company immediately if it becomes subject to any of the events listed in clause 30; and
- give the Company such information relating to the Goods as the Company may require from time to time.
- The Customer may resell the Goods before ownership has passed to it solely on the Condition that any sale shall be on the Customer?s own behalf in the ordinary course of the Customer?s business and the Customer shall deal as principal when making such sale.
- The Customer?s right to possession of the Goods shall terminate immediately if, or if the Company reasonably believes that any such event is about to happen and notifies the Customer accordingly
- the Customer has a bankruptcy order made against it or makes an arrangement or composition with its creditors or (being a body corporate) convenes a meeting of creditors (except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation), or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency of the Customer; or
- the Customer encumbers or in any way charges any of the Goods or suffers or allows any execution to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts or the Customer ceases to trade.
- The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
- The Customer grants the Company, 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 Customer?s right to possession has terminated, to recover them.
- Without prejudice to any other right or remedy available to it, the Company shall have the right to cancel all or any Contracts or withhold delivery of any Goods if:
- the Customer fails to pay any monies owing to the Company by the due date;
- the Customer commits any breach of any contract with the Company; or
- the Customer becomes subject to any of the events listed in clause 30, or the Customer reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly
provided that in the event of delivery being so withheld the Company shall be entitled as a condition of resuming delivery to require pre-payment of or such security as it may require for the payment of the price of any further delivery.
- The construction, validity and performance of all Contracts between the parties shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts although this shall not limit the right of the Company to commence proceedings in any other jurisdiction the Company deems appropriate.
- Any suggested retail prices quoted in the Company?s price lists or catalogues shall not limit the Customer?s right to set its own retail prices.
- The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any contract caused by any circumstances beyond its reasonable control, which shall, without limiting the generality of the foregoing, be deemed to include governmental actions, war or any other action of military forces, terrorism, riot, civil commotion, national emergency, sabotage, vandalism, accident, break-down or damage to machinery or equipment, fire, explosion, flood, epidemic, legislative or administrative interference, acts of God, strike, lock-out or other industrial disputes (whether or not involving employees of the Company) or shortage of materials or the Company?s inability to procure materials or supplies. If any such event prevents or delays the Company from carrying on its business, the Company reserves the right to defer the date of delivery or to cancel the Contract or to reduce the volume of Goods ordered by the Buyer (without liability to the Buyer).
- The Customer shall ensure that no trade mark or logo used on or in connection with any of the Goods or their packaging is added to, obscured, removed, defaced, altered or otherwise interfered with in any way.
- Trade marks and/or logos applied to any of the Goods may be used in advertising material intended for use in retail outlets or in catalogues for the purpose only of promoting the retail sale of the Goods concerned and provided that the Company?s prior written approval is obtained.
- Except as permitted by clause 38 above the Customer shall not make any use of any logo or trade mark owned or used by the Company (whether in connection with the goods or otherwise) or any part thereof for any purpose whatsoever.
- If any provision of the Contract 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.
- The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.
- Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its 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 notice. Notices cannot be sent by email.
- Any waiver by the Company of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract. No failure or delay by the Company to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- A person who is not a party to the Contract shall not have any rights under or in connection with it.
- The Contract constitutes the entire agreement between the parties. Except as set out in these Terms, any variation to the Contract or any statement, promise or representation made or given by or on behalf of the Company about the Goods shall only be binding when agreed in writing and signed by the Supplier.
TERMS & CONDITIONS – Direct and Subscription Orders
All contracts for the sale of goods (?Goods?) by One Planet Trading Limited (?the Company?) to any person, firm or company (?the Customer?) are subject to the following Terms and Conditions of Sale (?Terms?), except were agreed in writing by a duly authorised representative of the Company. In these Terms “Contract” means any contract for the supply of Goods formed by the Company’s acceptance of the Customer’s order. By placing an order with the Company, the Customer agrees and accepts that these Terms are incorporated into any such Contract.
- Each order for Goods by the Customer from the Company shall be deemed to be an offer by the Customer to purchase Goods subject to these Conditions. The Customer shall ensure that the terms of its order and any applicable specification are complete and accurate.
- No order will be binding upon the Company unless and until accepted by the Company in writing or, if earlier, the Company delivers the Goods to the Customer.
- Orders are accepted only on the basis that these Terms (or as varied as aforesaid) govern the resulting Contract formed by the Company?s acceptance of that order. Accordingly any terms and conditions endorsed on or contained or referred to in any Customer’s purchase order, confirmation of order, specification or other document or which are implied by custom, trade, practice or course of dealing or are otherwise communicated to the Company which are not specifically agreed to in writing by the Company, shall be excluded from the Contract and the Customer waives any right which it might have to rely on such terms and conditions.
- The Company reserves the right to amend any accidental error or omission on quotations, order acknowledgements, invoices or credit notes.
- Although all delivery dates stated by the Company are given in good faith and all reasonable efforts will be made to adhere to them, they are estimates only and (subject to the other provisions of these Terms) the Company accepts no liability for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or the Customer?s failure to provide the Company with adequate delivery instructions. Time for delivery shall not be of the essence and the Customer will not be entitled to terminate or rescind the Contract in the event of any delay in delivery.
- Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place on the Goods? arrival at the delivery address stipulated by the Customer.
- The Company shall be entitled to make deliveries by instalments and delivery of part only of any order shall not entitle the Customer to reject the Goods.
- If for any reason the Customer fails to accept delivery of the Goods on the date of delivery, or the Customer is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the Customer’s risk until actual delivery and the Customer will be liable for all related costs and expenses (including without limitation storage, insurance and additional carriage costs).
- All drawings, descriptive matter, specifications, and advertising issued by the Company and any descriptions or illustrations contained in the Company?s catalogues or brochures are issued or published for the sole purposes of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.
- Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specifications the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or if required to comply with any applicable standards or legal requirements.
- Unless otherwise notified to the Customer, Goods will be invoiced at the price stipulated in the Company?s published price list current at the date of delivery.
- In the case of any order delivered by instalments each instalment shall be invoiced at the price stipulated in the Company’s published price list at the date of delivery of such instalment and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
- Unless otherwise agreed, the Company shall invoice the Goods on or after despatch of the Goods. The Company shall be entitled to invoice each instalment as and when each instalment is despatched. Payment of all sums shall be made in sterling and is due in full and in cleared funds within 30 days after the invoice date (unless otherwise agreed in writing by the Company). The Company may sue for any monies outstanding beyond this date even if property in any relevant Goods has not passed to the Customer. Time for payment is of the essence.
- If any payment is not made in full and in cleared funds by the due date then, without affecting any other right or remedy which it may have, the Company may deduct any outstanding amounts from any monies owed to the Customer on any account whatsoever.
- All sums payable to the Company in respect of Goods delivered to the Customer under any contract between the Customer and the Company shall become due immediately upon termination of the Contract despite any other provision.
- The Customer will be liable to pay interest to the Company on any outstanding amounts due from the Customer pursuant to the Contract which shall accrue from the due payment date on a daily basis until the date of payment at a rate of 2% above National Westminster Bank plc?s base lending rate from time to time in force, whether before or after any judgment. The Customer shall make all payments due under the Contract without any deduction by way of set off, counterclaim, discount, abatement or otherwise.
- Deliveries to addresses outside the United Kingdom shall be subject to FOB terms (as defined in the latest published version of Incoterms from time to time). It is the Customer’s responsibility to obtain all necessary import licences, clearances and other consents necessary for the purchase of the Goods and to ensure that the Goods comply with all local legislative or other legal requirements.
- The quantity of any consignment of Goods as recorded by the Company on despatch from the Company?s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
- The Company will (at the Company’s option) either replace or refund the price of any Goods which are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery or where there is a shortfall in quantity delivered and the Company shall have no further liability for such Goods provided that:
- the Customer inspects the Goods on delivery and notifies the Company within 24 hours of delivery of any alleged defects, shortage in quantity or damage and the Company is given a reasonable opportunity to examine the Goods and the Customer (if asked to do so by the Company) returns such Goods to the Company?s place of business at the Customer?s cost;
- when signing for deliveries the Customer must state clearly on the delivery note any damage or shortages;
- the Company shall not be liable for any defective Goods if the Customer makes any further use of the Goods after giving notice of any defect, if the defect arises because the Customer failed to follow the Company?s instructions as to the storage or use of the Goods, or if the Customer alters or repairs the Goods without the written consent of the Company;
- the Company shall not be liable for non-delivery of Goods unless written notice is given to the Company and to the carrier within fourteen working days of the intended delivery date; and
- these Terms shall apply to any replacement Goods supplied by the Company
and if the Customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of them.
- Subject to clause 20, clauses 21 to 24 set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of:
- any breach of these Terms; and
- any representation, statement or tortuous act or omission including negligence arising
under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the Company?s negligence or fraudulent misrepresentation or any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
The Customer?s attention is in particular drawn to the provisions of clause 24.
- Subject to clauses 22 and 23:
- the Company?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 the subject of the Contract; and
- the Company shall not be liable to the Customer for loss of profit, goodwill or business opportunity or production downtime or any type of direct, indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
- No order may be cancelled by the Customer and, unless otherwise stated in these Terms, no Goods may be returned without the Company’s prior written agreement. Any such returns which the Company agrees to accept must be forwarded carriage prepaid to the Company and the Customer shall also comply with any other provisions of the Company’s returns policy from time to time in place. On returns that require repackaging or re-boxing, an appropriate charge will be made which the Customer will be liable for.
- The Goods shall be at the Customer’s risk from the time of delivery.
- Ownership of the Goods shall not pass to the Customer until the Company has received in full in cash or cleared funds:
- all sums payable in respect of the Goods; and
- all other sums which are or which become payable to the Company from the Customer on any account including interest on such sums
- Until ownership of the Goods has passed to the Customer, the Customer shall:
- hold the Goods on a fiduciary basis as the Company?s bailee;
- store the Goods separately to the other goods of the Customer or any third party in a way that they remain readily identifiable as the Company?s property;
- not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
- maintain the Goods in a satisfactory condition insured for their full price against all risks and hold the proceeds of insurance on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account;
- notify the Company immediately if it becomes subject to any of the events listed in clause 30; and
- give the Company such information relating to the Goods as the Company may require from time to time.
- The Customer may resell the Goods before ownership has passed to it solely on the Condition that any sale shall be on the Customer?s own behalf in the ordinary course of the Customer?s business and the Customer shall deal as principal when making such sale.
- The Customer?s right to possession of the Goods shall terminate immediately if, or if the Company reasonably believes that any such event is about to happen and notifies the Customer accordingly
- the Customer has a bankruptcy order made against it or makes an arrangement or composition with its creditors or (being a body corporate) convenes a meeting of creditors (except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation), or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency of the Customer; or
- the Customer encumbers or in any way charges any of the Goods or suffers or allows any execution to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts or the Customer ceases to trade.
- The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
- The Customer grants the Company, 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 Customer?s right to possession has terminated, to recover them.
- Without prejudice to any other right or remedy available to it, the Company shall have the right to cancel all or any Contracts or withhold delivery of any Goods if:
- the Customer fails to pay any monies owing to the Company by the due date;
- the Customer commits any breach of any contract with the Company; or
- the Customer becomes subject to any of the events listed in clause 30, or the Customer reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly
provided that in the event of delivery being so withheld the Company shall be entitled as a condition of resuming delivery to require pre-payment of or such security as it may require for the payment of the price of any further delivery.
- The construction, validity and performance of all Contracts between the parties shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts although this shall not limit the right of the Company to commence proceedings in any other jurisdiction the Company deems appropriate.
- Any suggested retail prices quoted in the Company’s price lists or catalogues shall not limit the Customer?s right to set its own retail prices.
- The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any contract caused by any circumstances beyond its reasonable control, which shall, without limiting the generality of the foregoing, be deemed to include governmental actions, war or any other action of military forces, terrorism, riot, civil commotion, national emergency, sabotage, vandalism, accident, break-down or damage to machinery or equipment, fire, explosion, flood, epidemic, legislative or administrative interference, acts of God, strike, lock-out or other industrial disputes (whether or not involving employees of the Company) or shortage of materials or the Company’s inability to procure materials or supplies. If any such event prevents or delays the Company from carrying on its business, the Company reserves the right to defer the date of delivery or to cancel the Contract or to reduce the volume of Goods ordered by the Buyer (without liability to the Buyer).
- The Customer shall ensure that no trade mark or logo used on or in connection with any of the Goods or their packaging is added to, obscured, removed, defaced, altered or otherwise interfered with in any way.
- Trade marks and/or logos applied to any of the Goods may be used in advertising material intended for use in retail outlets or in catalogues for the purpose only of promoting the retail sale of the Goods concerned and provided that the Company’s prior written approval is obtained.
- Except as permitted by clause 38 above the Customer shall not make any use of any logo or trade mark owned or used by the Company (whether in connection with the goods or otherwise) or any part thereof for any purpose whatsoever.
- If any provision of the Contract 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.
- The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.
- Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its 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 notice. Notices cannot be sent by email.
- Any waiver by the Company of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract. No failure or delay by the Company to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- A person who is not a party to the Contract shall not have any rights under or in connection with it.
- The Contract constitutes the entire agreement between the parties. Except as set out in these Terms, any variation to the Contract or any statement, promise or representation made or given by or on behalf of the Company about the Goods shall only be binding when agreed in writing and signed by the Supplier.
TERMS & CONDITIONS AND REFUNDS
Refunds
If you are not happy with the service we provide or the quality of the pizzas you receive, you may request a refund. Please drop us an email at oppdirect@oneplanetpizza.com, or give us a call on 0792 349 5065. Similarly, If you have any changes, queries or would like to cancel your order or subscription, just contact us in the same way. This must be arranged before 8am, 2 days before delivery day. Any changes after this time may not be accepted.
Terms & Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern One Planet Trading?s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ?One Planet Trading? or ?us? or ?we? refers to the owner of the website whose registered office is One Planet Trading Limited, Park Farm, Hethersett, Norwich. Our company registration number is 07037949. The term ?you? refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: name, contact information including email address, demographic information such as postcode, preferences and interests, and other information relevant to customer surveys and/or offers.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites or social media sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
We may offer new and/or existing customers special offers from time to time. Where we make such offers, introductory offers are only available to new users of the website. Previously registered users do not qualify for an additional offer, unless expressly stated. ?Previously registered users? refers to any combination of: a user with a user account at One Planet Trading, a credit or debit card, a credit or debit card holder, a delivery address, a cardholder address, or a household, who has previously made use of the One Planet Trading service. Unless otherwise stated, only one discount code may be applied per order, and each code may only be used once, for both one time purchases and subscriptions. Discount codes cannot be applied towards a trial order. They may not be copied, reproduced, distributed or published either directly or indirectly in any form. We reserve the right to terminate or modify discounts at anytime without prior notice and at our sole discretion. We may require you to complete checkout at Oneplanetpizza.com to redeem any offer.
In the instance of friend referral discount codes, we encourage our customers to share their referral link with as many friends as possible. These codes may only be used once, and only one discount can be applied per order. Referral codes cannot be applied towards a trial box order. Orders placed using referral discount codes cannot be cancelled or refunded. They may, however, be postponed or delayed on One Planet Trading? discretion.
Unless otherwise stated, all food or prizes given away as part of a competition or prize draw must be claimed by the winning party within three months of initial notification via email. Prizes are not transferable or redeemable for cash and we reserve the right to withdraw a prize if we suspect abuse or violation of the competition rules, which will be viewable on our site at the time of the competition.
The purchase of One Planet Trading products may consist of an initial period where there is a one-time charge or a trial offer, followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products. The price of your trial offer may be different to your recurring subscription charges. Your subscription will automatically renew and your credit card will automatically be charged the full subscription price of your order according to the frequency of delivery (excluding any discounts or promotional offers), until you cancel your subscription.
Trial Offers are one-time only for new customers and are limited to one per household. They are not available to previously registered users (defined above).
If you have any changes, queries or would like to cancel your order or subscription, simply drop us an email at oppdirect@oneplanetpizza.com or give us a call on 07923495065.
The One Planet Pizza business and site has been audited against The Salsa Standard. Certificate number: 15998. Site code: 6758