1. Definitions

In this Agreement:

• The "Customer" refers to any person who places an Order with Gastronomy Plus Ltd (either as a private consumer or as or on behalf of a business).
• The "Goods" means any items sold or supplied by Gastronomy Plus Ltd under an Order.
• "Gastronomy Plus Ltd"" refers to Gastronomy Plus Ltd, a company incorporated in England with company number 07031979 and a registered address at Central Barn, Lower West End, Hornby Road, Lancaster, LA2 9JX.
• "Order"means any request or order (via phone, web order (excluding eBay or Amazon) or mail order) to purchase the Goods.
• The "Parties"refers to the Customer and Gastronomy Plus Ltd.

2. Validity

• This Agreement is the only form of contract between the Parties, and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties, except previously agreed Gastronomy Plus Ltd Credit Account terms and conditions, which, where conflict arises, take precedence over this Agreement.
• This Agreement is the only form of contract between the Parties, and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties, except previously agreed Gastronomy Plus Ltd Credit Account terms and conditions, which, where conflict arises, take precedence over this Agreement.
• Gastronomy Plus Ltd may vary the terms and conditions of this Agreement from time to time by publishing updated terms and conditions on the Gastronomy Plus Ltd website or catalogue.

3. Goods Being Sold

• Descriptions and specifications for the Goods are set out on the Gastronomy Plus Ltd website at the time of the Order or the Gastronomy Plus Ltd catalogue from which the Order is placed, provided the catalogue is current at the time of the Order.
• Goods ordered in a specific colour, pattern, or design are sold subject to stock availability. Gastronomy Plus Ltd may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern, or design with the Customer’s approval.
• If any Goods are unavailable or out of stock, Gastronomy Plus Ltd may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Gastronomy Plus Ltd may vary the Order with the Customer’s approval.

4. Terms of Payment and Payment Methods

• The Goods shall be payable at the prices listed on the Gastronomy Plus Ltd website at the time of the Order. Pricing in the Gastronomy Plus Ltd catalogue is indicative only. Gastronomy Plus Ltd reserves the right to update prices at any time. In the event of any conflict between prices for the Goods on the Gastronomy Plus Ltd website or catalogue, the pricing on the Gastronomy Plus Ltd website will prevail. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
• Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
• Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Gastronomy Plus Ltd shall be under no obligation to honour the incorrect price or Order.
• Payment for Goods and Delivery may be made by any of the options listed on the Gastronomy Plus Ltd website or catalogue. Cheques and cash usually require a minimum of six working days to clear, and the Customer account, order, or quote number MUST be referenced with payment. Gastronomy Plus Ltd reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any payments returned unpaid by a bank will be subject to an administration fee of £25.00.
• Gastronomy Plus Ltd reserves the right to charge interest at 8% above the base lending rate of the Bank of England, calculated monthly on late or overdue payments by the Customer.
• All Orders may be subject to further credit or security checks.

5. Delivery

• Full delivery prices and options are listed on the Gastronomy Plus Ltd website or catalogue and subject to change from time to time.
• Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland, subject to an Order (with the relevant delivery charge) being accepted by Gastronomy Plus Ltd before 1.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day,’ then delivery will usually be completed within 5 days.
• Offshore/Remote deliveries will usually be despatched as soon as possible; however, the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
• Gastronomy Plus Ltd will use reasonable endeavours to meet delivery estimates in all cases; however, Gastronomy Plus Ltd cannot be held liable for any loss or damage due to delay in delivery.
• Risk in the Goods transfers to the Customer at the time of delivery, but title will not pass until payment has been made in full for the Goods in question.
• Goods delivered are used, stored, and installed at the Customer’s own risk, and Gastronomy Plus Ltd will not be liable for any damage, loss, or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms, and conditions may apply as communicated by Gastronomy Plus Ltd to the Customer before delivery.

6. Warranties and Returns

• Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange, or replacement within 30 days, provided they are returned unused, in a saleable condition, and in their original packaging. Goods that have been opened, marked/soiled, damaged, or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by Gastronomy Plus Ltd. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Certain large or bulky items may also be subject to a restocking fee (usually £85). Certain Goods cannot be returned for hygiene reasons. The carriage cost of returns may be refunded in whole or in part to the Customer at Gastronomy Plus Ltd.’s discretion.
• Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced, or exchanged at Gastronomy Plus Ltd.’s discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.
• Goods that are missing from delivery or damaged due to delivery must be reported to Gastronomy Plus Ltd within 24 hours.
• The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence, or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling, and cleaning). Gaskets, castors, and legs, and leads, hose connections, and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Gastronomy Plus Ltd within 24 hours to qualify for replacement, repair, or refund at Gastronomy Plus Ltd.’s discretion. Goods marked ‘semi-commercial,’ ‘light-duty use only’ or similar must not be used as substitutes or replacements for heavy-duty or commercial-grade equipment. Goods marked ‘no commercial warranty’ are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with Gastronomy Plus Ltd safety instructions for replacement, exchange, or refund with Gastronomy Plus Ltd.’s prior approval. Engineer callouts and repairs conducted on non-warranty faults or defects may be subject to further charges, including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Gastronomy Plus Ltd. Gastronomy Plus Ltd may, in its reasonable discretion, invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired, or attended to without Gastronomy Plus Ltd.’s prior approval.
• Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.

7. Termination

• Gastronomy Plus Ltd reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
• Gastronomy Plus Ltd reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts, becomes bankrupt, has a winding-up order made, or appoints an Administrator, Liquidator, Receiver, or similar over the whole or a substantial part of the assets and undertaking of the Customer.
• Gastronomy Plus Ltd reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Gastronomy Plus Ltd.’s reasonable control, such as force majeure, act of God, adverse weather, and government intervention, sanction, or legislation.
• Gastronomy Plus Ltd reserves the right to cancel any Order where it is suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).

8. Limitation of Liability

• The Customer agrees that Gastronomy Plus Ltd will not be liable for any losses or damage suffered by the Customer, including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption, or loss of time due to the use or purchase of the Goods by the Customer. Gastronomy Plus Ltd will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service, or engineer visits. Nothing in this Agreement shall exclude Gastronomy Plus Ltd.’s statutory liability for injury or death.
• Goods sold are not insured for delivery unless otherwise confirmed by Gastronomy Plus Ltd.

9. Intellectual Property Rights and Confidentiality

• Goods sold or supplied by Gastronomy Plus Ltd may be subject to copyright (whether owned by Gastronomy Plus Ltd or a third party). The Customer covenants not to breach, infringe, or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Gastronomy Plus Ltd harmless for any breach of said covenant.
• The Customer’s data protection and privacy rights under this Agreement are set out in Gastronomy Plus Ltd.’s privacy policy (available on the Gastronomy Plus Ltd website).

10. Jurisdiction

• This Agreement is governed by English law, and the Parties shall be subject to the exclusive authority of the English courts.
• Any right or obligation contained in this Agreement shall be distinct and severable, and if one or more of the same are declared invalid, illegal, void, or unenforceable, then the remainder shall fully continue in force and effect permissible by law.