Eskimo Ice Ltd. - Terms & Conditions
Registered in England/Wales Number: OC354075
VAT Number: 523 218 868
- “Contract” means any contract between the Company (Eskimo Ice (London) LLP) and the Buyer for the sale and purchase of the Goods, incorporating these Conditions; “Goods” means any goods agreed in the Contract to be supplied to the Buyer by the Company.
- APPLICATION OF TERMS
- Subject to any variation under condition 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions.
- No terms endorsed upon, contained in the Buyer’s purchase order, or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
- These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director or Owner of the Company.
- Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
- Each order placed by the Buyer shall be deemed to be accepted by the Company unless the Company notifies the Buyer within 7 working days that it does not accept the order.
- The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
- All material and specifications including weights and dimensions issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures and website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
- DELIVERY & INSTALLATIONS
- Unless otherwise agreed in writing the Company will arrange delivery of the Goods to the Buyer’s premises or event location in the UK. Orders are subject to a minimum quantity dependent on location. These minimums will be agreed by the Company with the Buyer prior to acceptance of the order.
- Any times specified by the Company for delivery of the Goods are intended to be an estimate and shall not be made of the essence by notice.
- Subject to the other provisions of these Conditions the Company will not be liable 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 (even if caused by the Company’s negligence).
- The Company will deliver to the Buyer’s premises or event location. The delivery driver has the right to refuse to deliver the order anywhere inside the premises or event location if it is not safe to do so.
- If a delivery period is specified in the contract it shall commence on the date upon which the Company confirms or accepts the Buyer’s order, or (if later) when the Company receives any further information from the Buyer, which shall be supplied promptly, which may be necessary for the contract to be proceeded with. The delivery date or period specified in the contract shall not be binding on the Company and although the Company will use its best endeavours to deliver such dates or within such periods it shall not be liable in any way for failure to do so.
- The Buyer will indemnify the Company against any liabilities, claims or costs which the Company may suffer by reason of injury to person or property of employees of the Company or any other person occurring while they are on the Buyer’s premises or event location unless such injury is caused by the fault or negligence of the Company.
- In the event that the Buyer requires the Company to produce evidence of proof of delivery the Buyer must request this within 30 days of the Invoice Date otherwise the Buyer must accept that the Goods were delivered to the Buyer’s premises.
- The quantity and price of the Goods as recorded by the Company upon any signed delivery notes shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
- The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless written notice is given to the Company within 7 days of the date when the Goods would in the ordinary course of events have been received.
- Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
- The Goods are at the risk of the Buyer from the time of delivery.
- Ownership of the Goods shall not pass to the Buyer until the Company has received in full all sums due to it in respect of:
- the Goods; and
- all other sums which are or which become due to the Company from the Buyer on any account.
- The Buyer’s right to possession of the Goods shall terminate immediately if:
- the Buyer has not paid in full for the Goods and has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or convenes a meeting of creditors or enters into liquidation 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 to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
- the Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe/perform any of its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
- the Buyer encumbers or in any way charges any of the Goods.
- The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
- The Buyer will grant the Company, its agents and employees a licence to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them when an appointment has been agreed in advance.
- If not withstanding the foregoing the Buyer is in default of payment of any part of the purchase price shall before the whole of the purchase price has been paid have a receiving order made against the Buyer or being a Company go into liquidation or have receiver appointed, then the Company may without prejudice to any other rights or remedies available to it be entitled to recover possession of the Goods and sell the same retaining all monies received on account of the purchase price and the accounting to the Buyer for balance if any.
- Prices charged are those agreed between the Company and the Buyer as stated on any order confirmation or verbally by telephone.
- Prices are subject to VAT at the applicable rate where appropriate.
- Where the Buyer has an approved credit account, payment of the price for the Goods is due 30 days after the date of invoice.
- Where the Buyer does not have an approved credit account the Company will take the Buyer’s credit or debit card details and charge them at the time of ordering. Otherwise the Company shall take a cash on delivery payment at the point of delivery.
- Time for payment shall be of the essence.
- No payment shall be deemed to have been received until the Company has received cleared funds.
- Interest on late payments will be charged at 4% above the base rate of Lloyds Bank.
- The Company accepts liability as set out in this Clause 9 but not otherwise.
- The Company warrants that the Goods shall be of satisfactory quality and fit for purpose. The Company does not exclude or restrict its liability for breach of this warranty.
- The Company accepts liability for directly and reasonably incurred losses (other than those which the Buyer could have reasonably avoided) caused by the Company’s failure to perform its services. However the Company’s liability is limited as set out in Clause 9.5 below.
- The Company does not exclude or restrict its liability:
- for death or personal injury caused by its negligence; or
- for any liabilities which cannot by law be excluded.
- Other than as provided in Clauses 9.2 and 9.4 the Company does not accept any liability for business losses such as loss of revenue, business, contracts, anticipated savings or profits, whether or not such losses are direct or indirect and whether or not the Company has been advised by the Buyer of the possibility of such potential risk.
- If the Buyer is a consumer, the Buyer’s statutory rights are not affected by these terms and conditions.
- MATTERS OUTSIDE THE COMPANY’S REASONABLE CONTROL
- The Company shall not be liable to the Buyer if the performance of any of its obligations is delayed or prevented by any matter outside the Company’s reasonable control. Such matters include, but are not limited to, fire, flood, lightning, extreme weather conditions, industrial disputes of any kind, actions of local or national government, war, acts of terrorism or vandalism, power outages.
- The Buyer may cancel an order at any time up to receipt of the Goods for deliveries being made to Central London. For deliveries outside of Central London the Buyer can only cancel an order if written notice is given prior to dispatch of the Goods from the factory gate.
- If the Buyer cancels in accordance with this clause, the Company will refund all sums paid except for collection charges incurred by the Company which are not recoverable.
- The Company does not allow Goods to be returned for exchange or refund unless they are shown to be unsatisfactory or not fit for purpose at the point of delivery.
- If the Company delivers the wrong product, the Buyer has the right to ask for those Goods to be exchanged at the Company’s earliest opportunity and expense.
- The Company will not collect or hold on account any excess Goods on behalf of the Buyer for any reason.
- Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
- If any provision of the Contract is found to be unenforceable it shall to the extent of such unenforceability be deemed severable and the remaining provisions of the Contract shall continue in full force and effect.
- Any waiver by the Company of any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default.
- This Contract shall be governed by English law subject to the exclusive jurisdiction of the English courts.
- The Company may transfer information about the Buyer to the Company’s bankers for the purposes of obtaining credit insurance, for credit reference purposes, credit control, or protecting the Company’s interests. The Company will provide the Buyer with details of the Company’s bankers on request.
- As an environmentally responsible Company, the Company expects that the Buyer will dispose of any waste associated with the Company’s products in accordance with best practice and if the Buyer is unable to do so for the Buyer to contact the Company.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Eskimo Ice Ltd (Eskimo) is committed to processing any personal information about its customers in ways that comply with its legal and regulatory obligations, and to being clear with customers about what it does with their personal information.
Throughout our day to day activities we collect a large number of contacts from the businesses with which we engage. Almost entirely these contacts are for our business relationships and while these are still categorised under GDPR or other UK and EU legislation as personal data it is not taken for the purposes of processing the personal data
Eskimo do not collect any special category data but may collect personal information which we receive when:
- you use our website
- you contact us or
- you are a recipient of our services.
We may collect the following types of information:
- your name, business address, business email address, telephone number(s) and other contact details such as your position in your company
- information required to provide you with a service (eg. bank details), and details of our services that you have used
- your payment information such as credit or debit card details and bank account details.
Why do we collect this information?
We collect your personal information to:
- provide you with services that you may request from us
- for our legitimate interests to keep the contact details of business entities for use with future orders
- meet our legal and regulatory obligations.
How do we collect this information?
We collect personal information:
- directly from customers: e.g. when a customer signs up to receive our services or registers on our website
- from our clients who provide us with data: e.g. their own approved contact or marketing lists
We are committed to keeping your information up to date as far as is reasonably possible. However, if you believe that we have made an error, then please contact us as we have outlined below and we will use reasonable endeavours to correct.
How do we use the data we collect?
The majority of our data is held within our financial database. We hold very little personal data and any such data we hold is used for contacting the business with whom we wish to engage.
Any processing activities we undertake are fully compliant with UK and European data protection regulations.
Information collected may be used for the following:
- Internal record keeping
- to fulfil the order or request from our clients
- improve our products and services
Keeping your information safe and secure.
Eskimo is committed to keeping customers' personal information secure to protect it from being inappropriately or accidentally accessed, used, shared or destroyed, and against it being lost.
In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We do not transfer any data outside the EEA but should we need to transfer personal information to third parties located outside the UK, we will ensure that information is protected to a level which meets the requirements of UK and European data protection regulations
Third party access
Access to your personal information is only allowed when required by law or is required as part our fulfilling our service obligations. We do not, and will never, sell or share your personal information with other third parties.
We use a number of third parties to help us complete our services. The third parties we use are to:
- deliver our supplies
- to secure our IT and data
- maintain our financial database and records
How long do we keep personal information?
We will only retain customers' personal information for as long as it needs it to carry out a particular purpose or meet a particular obligation. In most cases data will be held for no longer than 7 years after completing a transaction
Any personal contact records within our database are subject to ongoing updates based on information provided through the relationships we have or as advised to us by the client.
Cookies are small files of letters or numbers downloaded onto a device when users access websites. They are widely used in order to make websites work, or work more efficiently, as well as to provide service information to the owners of the site.
Links to other websites:
Our website may contain links to other websites of interest. However, you should note that we do not have any control over these other websites. Once you have used any of these links to leave our site, therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting these sites and such sites are not governed by this privacy statement.
Eskimo do not undertake marketing activity using personal data held within our databases
We make approaches and cold calling to business to drop off promotional literature but do not make use of our existing clients' information nor do we sell and of our information to any third party for external marketing
Any changes to our marketing activities will be updated in this Policy and we will ensure that the activity we undertake will be compliant with UK and European data protection regulations.
Controlling your personal information
You may choose to restrict the collection or use of your personal information or you may want us to delete your records; if you would like to exercise any of your rights under UK & EU data privacy legislation please contact us at firstname.lastname@example.org.
You may request details of personal information which we hold about you under UK and European data protection regulations. If you would like a copy of the information held on you please write to Eskimo Ice Ltd, Units 45-48 New Covent Garden Market, London SW8 5EE
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.