1. Definitions
“You” and “Your” means the person who purchases the Goods from Us;
“Us” “We” or “Our” means Atlantic Multipower UK Ltd, registered number 2122831, registered office address Robert Denholm House, Bletchingley Road, Nutfield, Surrey RH1 4HW, VAT Registration No. 443 156465
“Contract” means any contract between You and Us for the sale and purchase of the Goods, incorporat-ing these Terms;
“Goods” means goods agreed in the Contract to be supplied to You by Us
“Site” means www.multipoweruk.com
“Working Days” means all days other than Saturdays, Sundays and public holidays.
2. Application Of Terms
2.1 Subject to any variation under term 3, the Contract will be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which You purport to apply under any purchase order, confirmation of order, specification or other document).
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).
3. Changes
We may alter these Terms from time to time. Any alterations will be notified to You via a suitable announcement on the Site. The alterations will apply to the use of the Site after We have given notice. If You do not wish to accept the new Terms, You should immediately cease to use the Site. If You continue to use the Site after the date of notice, Your Use of the Site will indicate Your agreement to be bound by the new Terms.
4. Accepting orders
4.1 You must:
a) be over the age of 18 years of age.
b) ensure that Your order details are complete and accurate.
4.2 Each order for Goods by You to Us shall be deemed to be an offer by You to purchase Goods subject to these Terms.
4.3 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.
4.4 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.
4.5 All Contracts shall be deemed to be concluded in England and the place of performance shall be England.
5. The Goods
5.1 The description of the Goods shall be as set out on the Site at the time You place Your order for the Goods.
5.2 The Goods we supply are perishables so please read and follow the instructions and labels on the Goods as to storage and shelf-life.
5.3 All Goods are offered subject to stock and availabilty.
5.4 It may not always be possible for Us to supply You with a particular item You order due to matters beyond Our reasonable control. If this is the case, We will not be liable to You and We may supply You with substituted Goods.
5.5 If We receive an order for a large quantity of a particular item, We will fulfil this order at our discretion. For example if You make an order for 10 packs of Red Kick Drinks We may only be able to deliver to You five packs due to stock availability.
6. Delivery
6.1 Orders received by 12noon Monday – Fridays will normally be processed and despatched the same day by Parcelforce, Interlink or Translink. However, during our busier periods this may take longer but we attempt to process all orders within 24 hours during the working days. Orders placed on non-working days will be processed and despatched within 24 hours of the first working day.
6.2. Delivery of the Goods shall be deemed to have taken place on delivery of the Goods to the address specified by You on the completed order form. A signature will be required. Goods delivered must be signed for by an adult over the age of 18 years.
6.3 If no one is at the address when the delivery is attempted the delivery company will leave a card advising 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 £20.00 provided the goods have been returned to us in a satisfactory condition.
Specific delivery instructions either to leave the goods at a neighbouring address or outside your premises without obtaining a signature are given entirely at your own risk and Multipower will not accept responsibility for missing goods.
6.4 Any date specified by Us for delivery of the Goods is intended to be an estimate. 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.
6.5 A delay in the delivery of the Goods will not entitle You to terminate or rescind the Contract unless such delay exceeds 60 days.
6.6 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.
6.7 The Goods are at the risk of the Buyer from the time of delivery.
6.8 a) Standard delivery is free. Please allow 2 working days from date of despatch for all areas except the Highlands of Scotland – please allow 3-4 working days instead.
b) Express delivery is £5.00. Delivery will be the next working day to all areas except the Highlands of Scotland – please allow 2-3 working days instead.
In the event that you notify or contact us specifying a delivery address different from the original address provided and the Goods have already been despatched, a charge of £10 will apply.
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 of £5.00 per order (or £10 for Highlands and Islands) will also be payable by You. If clause 6.8b) applies, you will be responsible for such additional delivery charges.
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 until We have received cleared funds.
7.6 Ownership of the Goods remains with Us until We have received payment in full.
7.7 All prices are expressed to be VAT inclusive unless otherwise stated.
8. Liability
8.1 Subject to Term 8.3 below our liability to You in connection with any Contract will not exceed the total price charged for the relevant items 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 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 dispatch and We will, upon being satisfied that the Goods are not fit for consumption or are defective, either provide you with a refund on the Goods or replace them for You.
8.3 In the event that you decide to cancel an order once the Goods have been despatched and where clause 8.2 does not apply, we will only refund the price of the Goods less a handling charge of £10 per order cancelled if the Goods have been returned to us in a satisfactory condition.
8.4 These Terms do not:
(a) affect the statutory rights of the consumer; or
(b) in any way limit Our liability for death or personal injury resulting from Our negligence
8.5 Products are not supplied for the purposes of resale.
9. Force Majeure
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 if We are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control Provided that, 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.
10. Intellectual Property Right
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.
11. Site terms of Use
The terms and conditions set out in the Site Terms (including the Privacy Section) published on the Site shall form part of these Terms.
12. General
12.1 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, unen-forceable 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.
12.2 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.
12.3 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.
12.4 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.
12.5 Any formal legal notices shall be sent by You to Us and by Us to You by e-mail and confirmed by post.
12.6 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.