LA Catering Terms and Conditions
1.1 “we”, “us” or “supplier” means LA Catering operated under partnership by Alan Peacock and Lynne Peacock of 89 Causewayside street, Glasgow, G32 8LT. LA catering owns and operates www.lacatering.co.uk.
1.2 “Website” means www.lacatering.co.uk
1.3 “Client” or “buyer” means individual or organisation buying or agreeing to buy goods from the supplier.
1.4 “Goods” means the items that the buyer agrees to buy from the supplier.
1.5 “Contract” means the contract between the supplier and the buyer for the sale and/or purchase of goods incorporating these terms and conditions.
1.6 “Terms and conditions” means the terms and conditions of sale as set out in this agreement.
2.1 These terms and conditions apply to all sales agreed by the supplier and the buyer and shall prevail over any other documentation or communication from the buyer.
2.2 Any change to these terms and conditions shall only be applicable if agreed in writing by the supplier.
2.3 If you do not agree to these terms and conditions then you may not use the website. By using the website or agreeing to purchase goods by e-mail or phone conversation you are bound by these conditions as laid out in the agreement.
2.4 By accepting delivery of goods you are concluding the sale and acceptance of these terms and conditions. Therefore all funds are payable in full according to these terms and conditions.
2.5 These terms and conditions will not affect the client's statutory rights as a consumer.
3. Placing an order
3.1 Orders shall be placed by 3pm the day before intended delivery. Any orders placed by e-mail or phone after this cannot be guaranteed for delivery.
3.2 If goods ordered by the client are not available in stock the supplier shall substitute items of similar type and value.
3.3 All orders for goods are deemed to be an offer by the client to purchase goods from the supplier. This offer will be subject to these terms and conditions and are therefore subject to acceptance by the supplier. We may not accept an order for any reason.
3.4 Your order shall be confirmed to you by e-mail. This e-mail will arrive from email@example.com only. It is the clients responsibility to ensure they have received this e-mail. If they do not receive this e-mail then the supplier cannot be held accountable to these terms and conditions. By receiving the confirmation e-mail the client is agreeing to purchase the goods as detailed within this confirmation and is subject to the terms and conditions as laid out in this contract.
3.5 If there is an error within the e-mail confirmation the client will inform the supplier by 3pm the day before intended delivery by e-mail. If you do not receive an e-mail confirming your change it will be deemed as not transmitted by you and you may be charged in full and the order will be supplied as detailed in the e-mail confirmation.
3.6 Order cancellations shall be made by e-mail or via the online ordering system by 3pm the day before intended delivery. Orders attempted to be cancelled following this may be charged in full. If you do not receive an e-mail confirming your cancellation it will be deemed as not transmitted by you and you may be charged in full.
4.1 Goods will be supplied to the client on the date and by the time as laid out in the confirmation e-mail.
4.2 The client shall accept delivery up to two hours prior to the requested delivery time. The supplier will use reasonable efforts to meet any delivery time agreed. If we cannot deliver your goods before your requested delivery time we shall inform the client and they will be able to agree to a new suitable time. We shall not be liable for any losses, costs, damages or expenses arising from the failure to meet the delivery time.
4.3 Upon delivery and acceptance of the goods the client is agreeing that the goods are in safe and suitable condition. At this point the client shall become responsible for the risks of the food, the associated use of the equipment supplied and the suitable storage or timely service. Any advice needed to support this should be sought by the client prior to delivery.
5.1 Prices listed on the supplier's website shall be done so exclusive of VAT. Prices also exclude delivery charges.
5.2 Payment of the price plus VAT and delivery charges (if applicable) will be made in full by the buyer prior to goods being delivered. If the supplier has agreed to credit terms then remittance of funds should take place within 14 days of the receipt of the invoice.
5.3 Invoices will be sent by e-mail. It is the buyers responsibility to ensure we have been given the appropriate e-mail address for each invoice to be sent to. Invoices will be sent no more than 7 days post delivery. It is the buyers responsibility to ensure they have received the invoice within this timescale. Without communication from the buyer to inform us that they have not received their invoice it will be assumed that they have received the invoice and therefore the 14 days from date of receipt will apply.
5.4 If your invoice becomes overdue through non payment or part payment only then we reserve the right to refuse delivery of further goods until full payment has been received.
5.5 We will charge interest at a rate of 3% per annum above the base rate of the bank of England on any overdue invoices from the date it becomes overdue until the date of payment.
6.1 Under new legislation from December 2014. We are under obligation to be able to provide information regarding the allergen content within any items of our menu.
6.2 This can be given on request. However, a link to allergen information will be included in any order confirmation e-mail sent to the order originator.
6.3 It is the responsibility of the client to seek any allergies that their guests might have. It is also the client's responsibility to seek the information they require from LA Catering regarding their guests allergies.
6.4 We store nuts on our premises so all orders are supplied on the understanding that they may contain traces of nuts.
Limitation of liability
7.1 The client shall inspect the goods immediately upon receipt and shall notify the Supplier immediately by telephone if the goods are damaged or are not accurate to the order confirmation. If the buyer fails to do so the buyer shall be deemed to have accepted the goods.
7.2 The client may cancel/amend any order for any reason up until 3pm on the day before the goods are due to be delivered. After this deadline the we reserve the right to charge the full cost of the order.
Cancellation/amendments and return
8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
9. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
10. The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations
11. No waiver by the Supplier (whether implied or expressed) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12.2 LA Catering is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
12.3 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like a copy of the information held on you please write to us.
12.4 We do NOT store credit card or debit card details nor do we share customer details with any 3rdparties.
Changes to terms and conditions
13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.