Uh oh…here’s the boring bit.. These are standard terms and
conditions, but if you have any questions whatsoever, please
don’t hesitate to contact us! 

Terms and Conditions of Sale

1. Definitions

1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from
      the Seller.

1.2 ‘Conditions’ means the terms and conditions of sale set out in this
      document and any special terms and conditions agreed in writing by
      the Seller.

1.3 ‘Delivery Date’ means the date as agreed between the Seller and Buyer
      when the goods are to be delivered.

1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the
      Seller.

1.5 ‘Price’ means the price for the Goods including carriage, packing and
      insurance but excluding VAT.

1.6 ‘Seller’ means Fruit for the Office of unit 5D Bates Industrial Estate,
      Harold Wood, Romford, Essex, RM3 0HU

2. Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the
      Seller to the Buyer to the exclusion of all other terms and conditions
      including any terms or conditions which the Buyer may purport to apply
      under any purchase order confirmation of order or similar document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to
      purchase Goods pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive
      evidence of the Buyer’s acceptance of these Conditions.

2.4 Any variation to these Conditions (including any special terms and
      conditions agreed between the parties) shall be inapplicable unless
      agreed in writing by the Seller.

2.5 Upon cessation of regular orders for the delivery of goods shall be
      deemed as a breach in the agreed trading relationship and all monies
      owed shall become payable in full with all outstanding debt to be paid in
      full.

3. The Price and payment

3.1 The Price is exclusive of VAT which shall be due at the rate ruling on the
      date of the Seller’s invoice.

3.2 The Seller shall provide the Buyer with a monthly statement detailing all
      invoices for the month. Excluding any orders made by credit card.

3.3 Payment of the Price and VAT shall be due within 7 days of the date of
      issue of the monthly statement, unless otherwise agreed in writing.
      Time for payment shall be of the essence.

3.4 The Seller reserves the right to require a deposit from the Buyer and to
      require payment for the Goods; before delivery.

3.5 Interest on overdue invoices shall accrue from the date when payment
      becomes due from day to day until the date of payment at the
      following rates:

3.5.1 a rate of 12% the first three months;

3.5.2 a rate of 25% thereafter and shall accrue at such a rate after as well
        as before any judgment;

3.6 If the Buyer fails to make any payment on the due date then without
      prejudice to any of the Seller’s other rights the Seller may:

3.6:1 Suspend or cancel deliveries of any articles due to the Buyer; and/or

3.6:2 Appropriate any payment made by the Buyer to such of the Goods (or
         Goods supplied under any other contract with the Buyer) as the Seller
         may in its sole discretion think fit.

3.7 In the event that the Buyer fails to make payment for the Goods
      the Buyer shall fully indemnify the Seller in respect of any costs and
      expenses legal or otherwise, incurred by the Seller in recovering
      payment form the Buyer.

4. The Goods

4.1 All terms, conditions and warranties (whether implied or made
      expressly) whether by the Seller or its servants or agents or otherwise
      (other than those express warranties set out in these conditions of sale)
      relating to the quality and/or fitness for purpose of the Goods or any of
      the Goods are excluded.

5. Delivery

5.1 The Goods shall be delivered to the Buyer at the Seller’s address. The
      risk in the Goods shall pass to the Buyer upon such delivery taking
      place.

5.2 The Seller shall arrange for carriage of the Goods to the Buyer’s
      address provided that the Seller shall not have to arrange carriage of
      the Goods to a location more than miles form the Seller’s address. In
      which case the costs of carriage and any insurance which the Buyer
      reasonably directs the Seller to incur shall be reimbursed by the Buyer
      without any set-off or other withholding whatever and shall be due on
      the date for payment of the Price.

5.3 The Seller shall not be liable for any loss or damage whatever due to
      failure by the Seller to deliver the Goods (or any of them) promptly or
      at all.

5.4 The Seller operates a policy of next day delivery. Notwithstanding that
      the Seller may have delayed or failed to deliver the Goods (or any of
      them) promptly the Buyer shall be bound to accept delivery and to pay
      for the Goods in full provided that delivery shall be tendered at any
      time within 1 week of the Delivery Date.

5.5 Neither party shall be liable for any default due to any act of God, war,
      strike, lockout, industrial action, fire, flood, drought, tempest or other
      event beyond the reasonable control of either party.

5.6 Buyers must confirm the shipping address details both during the basket
      stages of the website and within the confirmation e-mail that is sent out
      to all customer instantly on purchase. If any of these details require
      modification, the Buyer must report any changes or amendments to our
      administration team on 0800 019 4037 within normal office hours 9-5pm
      Monday to Friday. 1 day prior to delivery date, excluding weekends.
      The Seller will accept no responsibility for inaccurate details applied
      to any purchase online by Buyers, nor will take responsibility for the
      non-delivery of e-mail confirmations caused by the Buyers personal
      computer, ISP or any other technical problem. We advise all Buyers to
      check their Trash or Spam accounts after purchase.

6. Acceptance of the Goods

6.1 If the Buyer properly rejects any of the Goods which are not in
      accordance with the contract, the Buyer shall nonetheless pay the full
      Price for such Goods unless the Buyer gives notice of rejection to the
      Seller within 4 hours of the time of delivery and at the Buyer’s cost
      returns such Goods to the Seller within 24 hours of delivery.

6.2 Any Goods deemed by the Buyer as poor quality; the Buyer must keep
      the goods, un-touched for a possible collection by the seller.If on
      collection the Seller deems the goods to be of suitable condition for sale,
      the Buyer may be liable for Administration and or collection fees.

7. Title and risk

7.1 The Goods shall be at the Buyer’s risk as from delivery.

7.2 In spite of delivery having been made, property in the Goods shall not
      pass from the Seller until:

7.2:1 The Buyer shall have paid the Price plus VAT in full; and

7.2:2 No other sums whatever shall be due from the Buyer to the Seller.

7.3 Until property in the Goods passes to the Buyer in accordance with
      clause 7.2 the Buyer shall hold the Goods and each of them on a
      fiduciary basis as bailey for the Seller. The Buyer shall store the
      goods (at no cost to the Seller) separately from all other goods in its
      possession and marked in such a way that they are clearly identified
      as the Seller’s property. The Buyer shall store the Goods in a way that
      retards their deterioration. The Buyer shall refrigerate the goods if
      appropriate.

7.4 Notwithstanding that the Goods (or any of them) remain the property
      of the Seller the Buyer may sell or use the Goods in the ordinary
      course of the Buyer’s business at full market value for the account of
      the Seller. Any such sale or dealing shall be a sale or use of the
      Seller’s property by the Buyer on the Buyer’s own behalf and the
      buyer shall deal as principal when making such sales or dealings. Until
      property in the Goods passes from the Seller the entire proceeds of
      sale or otherwise of the Goods shall be held in trust for the Seller and
      shall not be mixed with other money or paid into any overdrawn bank
      account and shall be at all material times identified as the Seller’s
      money.

7.5 The Seller shall be entitled to recover the Price (plus VAT where
      applicable) notwithstanding that property in any of the Goods has not
      passed from the Seller.

7.6 Until such time as property in the Goods passes from the Seller the
      Buyer shall upon request deliver up such of the Goods as have not
      ceased to be in existence or resold to the Seller. If the Buyer fails to
      do so the Seller may enter upon any premises owned occupied or
      controlled by the Buyer where the Goods are situated and repossess
      the Goods. On the making of such request the rights of the Buyer
      under clause 7.4 shall cease.

7.7 The Buyer shall not pledge or in any way charge by way of security
      for any indebtedness any of the Goods which are the property of the
      Seller. Without prejudice to the other rights of the Seller, if the Buyer
      does so all sums whatever owing by the Buyer to the Seller shall
      forthwith become due and payable.

7.8 The Buyer shall insure and keep insured the Goods to the full Price
      against ‘all risks’ to the reasonable satisfaction of the Seller until the
      date that property in the Goods passes from the Seller, and shall
      whenever requested by the Seller produce a copy of the policy of
      insurance. Without prejudice to the other rights of the Seller, if the
      Buyer fails to do so all sums whatever owing by the Buyer to the
      Seller shall forthwith become due and payable.

8. Remedies of Buyer

8.1 The Seller shall be under no liability whatever to the Buyer for any
      indirect loss and/or expense (including loss of profi t) suffered by the
      Buyer arising out of a breach by the Seller of this contract.

8.2 In the event of any breach of this contract by the Seller the remedies
      of the Buyer shall be limited to damages. Under no circumstances
      shall the liability of the Seller exceed the Price of the Goods.

9. Proper law of contract

9.1 This contract is subject to the law of England and Wales.

9.2 The parties submit to the exclusive jurisdiction of the courts of England
     and Wales and irrevocably agree that proceedings issued out of the
      said courts may without prejudice to the rules of service of such
      courts be served on them by delivering such proceedings in an
      envelope addressed to the party. 

If you have any questions whatsoever regarding our terms and
conditions, please don’t hesitate to contact us on 0800 019 4037.