OUR WHOLESALE TERMS AND CONDITIONS for A Di Maria & Son
Things you should know before placing an order:
Frozen Desserts such as ice-creams and cakes are for collection only if you do not situate within our 50 mile radius.
By placing orders for goods on this website will mean that you agree to be bound by the most current version of the Sales Terms. These Sales Terms apply to all contracts between you and us. These Sale Terms may be changed at any time by us. If we make any changes to these we will include a notice on the Home Page and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration.
These Sales Terms were last updated on 17 July 2014.
“we“, “us“, “our“, means A.Di Maria & Son, 4 The Stampings, Blue Ribbon Park, Coventry, CV6 5RE
“you“, “your” means the person ordering products under these Terms.
“working days” means all days other than Saturdays, Sundays, and Public Holidays.
“Goods” means the good or goods you have ordered from us.
In addition to your statutory rights we have a “Good Will Returns Policy”. Our Good Will Returns Policy means that if you are not entirely happy with your purchase you can return your item(s) within 14 days of receipt of your order for a full refund to the original payment method used. This is as long as goods returned are still within their use by date and unopened. The cost for sending goods back to us will be covered by you.
1.1 In order to purchase goods from this website, you need to register your details with us. On registration, you must provide us with accurate, complete registration information and it is your responsibility to inform us of any changes to that information (including in particular your email address) by updating your details in the My Account section.
1.2 You are responsible for all use of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at firstname.lastname@example.org.
1.3 Your registration does not in itself entitle you to purchase Goods from us and we are not obliged to accept any or all orders that you place with us.
2. Formation of contract
2.1 All orders for Goods are offers by you to purchase and accepted only when you receive a message back on the website or a confirmation email from us to this effect. This will form a contract, which incorporates these terms and conditions, between you and us (Contract).
2.2 You must be 18 years old or over and must have completed the registration process in order to participate in our service.
2.3 We will not be selling any alcoholic drink to anyone who is not 18 years or older. By placing an order you confirm that you are at least 18 years old. If you are buying a case of wine or spirit or liqueur or beer as a gift the recipient must also be 18 years or over. If our drivers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the alcohol is unable to produce appropriate ID, our driver will be unable to leave the alcoholic drink. Once the alcoholic drink has been delivered, according to your original delivery instructions, it becomes the recipient’s responsibility.
3.1 All prices for the Goods are exclusive of taxes and exclusive of delivery charges.
3.2 All Goods are subject to availability. Where stock has run out or Goods cannot for some reason be dispatched, we will contact you by email or telephone to inform you of this and give you a likely delivery date within 14 days. If it is not possible to deliver within 14 days, we will not accept that part of your order. Where these Goods are part of a larger order, we will process and dispatch the available Goods to you in the normal manner in accordance with these Sales Terms.
3.3 Where goods ordered and sold individually by weight (such as Parma Ham, Salami’s or Cheese) the weight stated on these products is an estimation, whilst we endeavour to provide you with the product weight as close to the advertised weight as possible, the actual weight when delivered may differ slightly. You will pay for the average weight of goods.
4.1 Payment may be made by debit or credit card. Payments in cash or by cheque are also available only in the Coventry area.
4.2 The debit/credit and charge cards accepted by us are those listed on the website on the date on which your order is placed. (Please note that we do not accept American Express).
4.3 You agree to indentify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
5.1 There is a delivery charge which varies depending on the overall weight of the order. Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address, during the check out. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
5.2 We will always try to supply you with all the goods you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
5.3 We offer a first class service, to make sure our deliveries arrive within a short delivery slot and accordingly, it is your responsibility to ensure that a person is available to receive the goods at the correct time slot. An appropriate person must sign for all goods on delivery. If no one is available at the address given by you, then the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Due to weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we shall contact you via telephone or email to reschedule another delivery date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
5.4 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.
6. Defective Goods
6.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any problems with your order. We will therefore refund the cost of any goods that do not meet with your reasonable satisfaction. We will arrange with you for the goods to be returned to us or pictures to be emailed. Due to defective goods being an error with the courier company we will only refund the total cost of the damaged goods.
6.2 We will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or howsoever arising.
7. Amendment of orders and cancellation rights
7.1 At any time up to 4pm on the day before your order is to be delivered you may change your mind about purchasing the goods and withdraw or change your order. There is no charge for doing this.
7.2 In respect of non-perishable items, you have the right to cancel the contract up to 7 working days following the delivery of the goods by notifying us by telephone or email. In the case perishable items you do not have the right to cancel the contract. Should you wish to cancel your order outside the period, we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and the cost of delivery.
7.3 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with their price within a reasonable period of the day on which cancellation was given (provided payment had already been debited to your payment card).
8. Warranty & Liability
8.1 Nothing in these terms and conditions will restrict our liability for death or personal injury resulting from our negligence; neither will any of these terms restrict any of your statutory rights.
8.2 We will not be deemed to be in breach of contract or of these terms and conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
8.3 Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
9.1 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
9.2 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you.
10. Customer Complaints
10.1 Any customer complaints should be addressed to the A.Di Maria customer service, email address, telephone numbers of which are all listed on our website in “contact us”.
11.1 We aim to provide outstanding customer service. If you have any comments about the service you have received from us please contact us. We are eager to here positive and negative feedback as we can always keep improving.