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Le Gourmet Continental Ltd T/A Galanta Food & Beverages

Terms & Conditions of Sale

These Terms and Conditions of sale apply to all sales of goods by Le Gourmet Continental Ltd trading as Galanta Food & Beverages (hereafter called the “Supplier”) and shall apply in place of and prevail over any terms or conditions contained or referred to in the Customer’s order or in correspondence or elsewhere or implied by trade, custom, practice or course of dealing.

 
Ordering
The placing of an order by the customer shall be deemed acceptance in full by the customer of these conditions.

Acceptance by the Supplier of a customer’s order is effective only on the despatch or notification that the goods are ready for collection and issue of an invoice to the customer.  Le Gourmet Continental Ltd may in its absolute discretion refuse to accept any order.

Where Purchase Orders are provided by the customer the Supplier will endeavour to facilitate the customer’s own internal administration by noting the purchase order on the invoice. The Supplier will not be under any liability for failure to do so.

Where a customer’s order contains prices theses prices are indicative only and may not reflect the Suppliers current prices. The Supplier will not be under any liability to honour prices contained in a customer order. Where differences occur, the Supplier may send a Quote or Proforma Invoice for acceptance by the customer prior to delivery.

Minimum Order
Minimum Trade order for delivery is €100.00 within the M50 motorway and €350 outside the M50 motorway but within the Greater Dublin Area.  Orders for delivery by a third party can be for any amount but charges incurred will be payable by the customer.

Prices & Product Details
Prices and product details as published in our price list are correct at the time of going to print. While every effort is made to honour the price and details as published, prices, product brands, specifications and packaging are variable and subject to change by the Supplier at its absolute discretion.

Promotional prices are valid for a maximum period of 30 days while stocks last from the start of the promotion unless otherwise stated.

Payment / Credit
Payment is strictly on a Proforma basis until such time as a Credit Application has been processed by the supplier. Credit applications can take up to ten working days to complete. The Supplier reserves the right to refuse credit without explanation. Credit can be withdrawn by the Supplier at any time and without notice. In such circumstances the Customer must clear their account within 5 working days of withdrawal of credit. Failure to clear the balance will result in Late Payment charges being levied on any balance.

Card payments may be accepted however a surcharge of 3% will be applied in relation to transaction charges incurred by the supplier.

Should credit be approved payments may be collected through direct debit.

Late Payment
In the event of any delay in effecting payment due the Supplier may charge you interest for late payment in accordance with the provisions of the European Communities (Late Payments in Commercial Transactions) Regulations 2002, such interest to accrue from the date of invoice until the date of actual payment and accruing daily and both before and after judgment.

As set down by the regulations the interest rate chargeable for late payment is the European Central Bank (ECB) rate plus 7 percentage points.

We reserve the right to charge an administration fee for late payment of fees.

VAT
VAT is applicable on some products. This is clearly shown on your invoice. Rates may vary from time to time in accordance with regulations at the time of purchase.


Deliveries
Delivery shall be made by the Supplier to a place agreed and approved by Le Gourmet Continental Ltd.

Where orders are placed before 08:30am Monday to Friday we endeavour to despatch or deliver them the same day. The supplier will not be under any liability for failure to do so. 

While we will endeavour to adhere to delivery times and dates requested by the customer these will not form a condition of sale. All delivery dates and times mentioned by the supplier to the customer are approximate only and the supplier shall not be under any liability to the customer in respect of any failure to deliver on any particular date.

Where deliveries are outside the Greater Dublin Area and made by a third party freight will be charged where applicable.

Title
Goods supplied by Le Gourmet Continental Ltd remain the property of the supplier and title shall only pass to the customer when the goods have been paid for in full. The supplier retains immediate right of repossession of any such goods for the purpose of recovery of sums owed by the customer in respect of any goods supplied by Le Gourmet Continental Ltd at any time.

Risk of damage to goods shall pass to the customer upon delivery of goods to the customer, or third party carrying the goods on behalf of the customer, or if the customer fails to take delivery of the goods, at the time Le Gourmet Continental Ltd has tendered the goods for delivery.


Claims for Credit
Claims for shortages in quantities delivered or damages while in transit will not be accepted more that 1 working day or 24 hours after delivery. Claims for goods damaged will not be issued without return of the goods.

Claims for goods price marked, shop soiled, or defect due to improper storage, handling or use by the customer will not be accepted.

Our delivery drivers are not authorised to issue credit and our accounts department only will process all credit claims.

All claims must be made in writing and clearly state the customer’s name, invoice number, invoice date, date of claim, product code, trace code description, and packaging of goods concerned and reason for the claim.

In case of customer error in ordering goods no credit will be issued for non stock items or items purchased by us to special order. Where the goods are stock items and fulfil the returned goods criteria stated above the supplier will issue credit for the full amount less a restocking fee of 10% of the value of items returned.

Suitability
The supplier makes no warranty as to the suitability of goods for consumption. It is the responsibility of the customer and/or the end user to ascertain the suitability of goods for consumption and or further preparation, cooking, blending or manufacturing. The supplier shall not be liable for any injuries or damages sustained through failure to so ascertain.

Product Information

Data sheets or product specifications are available from the supplier. The information and recommendations contained therein represent to the best of the supplier’s knowledge and belief, an accurate representation as to the known data for this material. The data has been obtained from various sources including but not limited to nutritional databases which are used and approved by the FSAI. The supplier cannot guarantee the accuracy, reliability or completeness of this data nor can the supplier assume any liability for any loss or damage arising out of the use of this data. The supplier will not be liable for any losses, damages or injuries sustained through changes to product data and accepts no liability for changes made to such data. The supplier makes no promise to and accepts no liability for updating customer databases with product data, information, specifications, or pricing. Where the customer requires the latest version of such documentation it is recommended that such data is requested before confirming purchase.

Where a data sheet or product specification does not contain information required by the customer the supplier shall be under no obligation to provide it. Any testing deemed necessary by the customer should be undertaken by the customer as part of their responsibility to ascertain the suitability of the product.

It is recommended that the customers develop their own specifications against which they can compare the product on offer by the suppler to alternatives.

Contract Packaging and Product Labelling

The supplier meets their statutory requirements in respect of product labelling however where product labels are supplied by the customer for contract packaging the supplier accepts no liability for their accuracy, suitability or the data contained therein.

Storage
Storage of foodstuffs must be in a cool, clean and dry environment which conforms to HACCP requirements. Natural and Organic products while often cleaned and sorted, may suffer spoilage as a result of inappropriate storage or packaging. The supplier cannot guarantee product quality or best before dates where goods are stored in conditions, premises or packaging outside of its control.

Enforcement
Failure by the supplier to exercise or enforce any right or rights under these conditions shall not be deemed to be a waiver of any such right, not to operate so as to bar the exercise to enforcement thereof at any time or times thereafter.

Amendments
Le Gourmet Continental Ltd may from time to time update or amend these conditions. Notice of such changes in conditions will be deemed to have been given upon publication of the updated conditions on our website. At all times the terms & conditions as published on our website will prevail over any other version.

Jurisdiction

All questions concerning the construction, validity, enforcement and interpretation of these terms and conditions of trade shall be determined in accordance with the laws of the Republic of Ireland.