Terms and Conditions for the Supply of Goods & Services
Version: January 2023
1.1 What these Terms cover. This document, together with any additional terms contained in our Order confirmation, constitute the terms and conditions under which we have agreed to sell our Products and/or supply Services to you (“Terms”).
1.2 About this document. Not all of this document may apply to you:
(a) The main body of this document does apply – it contains terms and conditions that always apply to any dealings you have with us;
(b) Schedule One contains additional Terms that will only apply if you are purchasing Services from us;
(c) Schedule Two contains additional Terms that will only apply if you are a consumer (as opposed to a business) purchasing Products or Services from us.
1.3 Your terms are not part of any contract with us. Unless we have expressly agreed in writing before accepting your purchase request, then any terms you proposed are not accepted and so are not part of any contract between us. Similarly these Terms exclude any terms and conditions or which are implied by law, trade custom, practice or course of dealing.
1.4 Your deemed acceptance of these Terms. By (i) offering to purchase Products and/or Services from us and/or by (ii) paying for any of our Products and/or Services you are deemed to have accepted these Terms.
1.5 Updating of these Terms. We reserve the right, at any time and at our sole discretion, without notice to you, to change, modify, add to, or remove any provisions of these Terms. Those Terms applicable on the day we accept your purchase request will be the Terms that apply to that contract between us. Subject to clause 5 those said Terms will not change during the course of your contract with us unless (i) the Terms allow for any variation; or (ii) your contract with us is on a retainer basis and exceeds six months in duration, in which case we have the right to vary the Terms at any time after the end of the sixth month and every six months thereafter for the enter duration of the contract. If you do not accept any such variations then either you or we are entitled to terminate the relevant contract - however if you do want to terminate then you must give us written notice within ten working days of your receipt of the varied Terms, and you will in any event be required to complete and pay for:
(a) the purchase of any Products and/or Services Ordered and where, before the giving of notice, we had to purchase Product or replacement parts from a third party and do not think that we shall be able to quickly sell the same to another customer at reasonable profit and without undue difficulty;
(b) work already done and costs already incurred by us;
(c) Services already supplied.
1.6 Definitions. In these Terms:
(a) “clause” refers to the numbered clauses in the main body of this agreement, whilst “paragraph” refers to the numbered paragraphs in the relevant Schedule.
(b) “Finished Services Items” means items repaired or customised for you by us. The definition does not include work done by us or on our behalf by someone visiting you on site.
(c) “Order” means a purchase request from you that we have accepted under clause 2;
(d) “Product/Products” refers to the range of products that we sell on our website at the time we accept your purchase request. Our stock changes all the time, and so we cannot guarantee to have a particular item in stock when you need it, or at all. We take no responsibility for any loss damage cost or inconvenience caused by a particular Product being unavailable or unavailable at a particular price or by a particular date;
(e) “Service/Services” refers to installation and maintenance services and machine customisations. You acknowledge that (i) we have the right to withdraw the offer of Services at any time before we accept a purchase request and (ii) the provision of Services is always subject to staff availability;
(f) We are referred to in these Terms as either “Espresso” “we” (unless the context means you and us), “us” (unless the context means you and us), “our” or “ours”. References to “you”, “your” or “yours” are all references to you, being our customer with whom we are contracting;
(g) When we use the words "writing" or "written", this includes emails.
1.7 Contradiction in Terms. If there is any contradiction between the Terms set out in our acceptance of your purchase request and the Terms set out in this document, then the provisions of our acceptance shall take priority. If there is a contradiction between the main body of this document and the Schedules, then the Schedules shall take priority.
2.1 Each Order is a separate contract. Each Order we accept is a separate and distinct contract and the then applicable Terms shall apply. You should therefore check the Terms as displayed on our website (https://espresso-solutions.co.uk) each time you wish to purchase a Product and/or Services from us. Termination of one contract will not affect other contracts we have with you (unless you have failed to make payment under any contract for any reason in which case, we have the right to (i) treat all outstanding contracts with you as breached and/or (ii) to off-set amounts between our contracts with you).
2.2 Acceptance of a purchase request from you. Your purchase request shall only be accepted when we issue a written acceptance of your purchase order, at which point a contract between us shall come into existence. This applies equally where we have suggested changes to your purchase request and you have accepted those changes.
2.3 Accuracy of purchase request. You are responsible for ensuring that the terms of the purchase request and any applicable specification mentioned in it are complete and accurate.
2.4 Our acceptance of your purchase request is not automatic. Your purchase request cannot be deemed accepted because we have not responded to it.
2.5 Automated acknowledgments. We will send you an automated acknowledgment of receipt of your purchase request if you place such a request via our website. However, a purchase request received from you (or on your behalf) will only become an Order once we have expressly confirmed acceptance to you in writing. This remains the case even if you have paid in advance of receiving such confirmation from us. A legally binding contract will come into existence between you and us only after we have confirmed acceptance of your purchase request.
2.6 If we do not accept your purchase request. Any advance payment made by you will be returned (or, if agreed with you, held on account against future Orders). Silence on our part should be taken as a rejection of your purchase request, not acceptance of it. If you do not hear from us, then we recommend you contact us in case your purchase request did not reach us for any reason.
2.7 We primarily sell within the UK. Our website is for promoting sales of our Products and Services in the UK. You must make it known at the time of making a purchase request if you want delivery of Products outside the UK. We reserve the right to cancel purchase requests for delivery outside the UK at any time. We do not supply Services outside of the UK.
2.8 Orders for delivery of Products outside of the UK. If we accept your purchase request to deliver Products outside of the UK then you will be obliged to pay us a processing fee to cover the extra administrative work involved. In addition, you will be obliged to pay (or to refund us on a full indemnity basis if we have to pay/paid) any additional charges imposed by the carrier (including insurance) and/or by governments/government agencies in respect of tax, shipping, customs or other import/export duties. All sums specified under this clause 2.8 remain due regardless of whether the Products are delivered or not. If we have to attempt redelivery, then the terms of this clause 2.8 shall also apply afresh to that redelivery. We cannot guarantee delivery.
2.9 Repair Services. For repair Services where we have not arranged to visit you on site it is your responsibly to deliver the repair item to us at your own cost and risk.
2.10 Reservation of Products. We do not reserve Products for customers nor make conditional sales nor do we sell on a sale-or-return basis.
3.1 We are reliant on manufacturers and their agents. You therefore acknowledge that:
(a) the Products and spare parts for Services are all sourced from the relevant manufacturer or their agent and that we manufacture nothing ourselves. We are therefore wholly dependent upon the said manufacturers/agents regarding the fulfilment of your Order at the specified price and for delivery within a reasonable time. We cannot take any responsibility or liability for errors, omissions, delays or price/Product changes caused by manufacturers or their agents;
(b) manufacturers change their Product specifications without notice to us. If a particular Product or spare part for it has been replaced by a newer model/spare part which is more expensive that the price specified for the old Product/spare part, then we may (at our sole discretion) absorb the price increase and supply the replacement instead. However, if there is a price increase that we wish to pass on to you then we shall notify you and give you the choice as to whether you wish to proceed or not at the higher price. We shall return your money if you do not wish to proceed;
(c) the Products may vary slightly from their pictures/descriptions. The images/descriptions and packaging descriptions of the Products on our website are for illustrative purposes only. Although we have made reasonable efforts to display Product colours/details/specifications/packaging accurately, we cannot guarantee to do so because we are reliant on information received in good faith from the relevant manufacturers or their agents.
- to an Order
4.1 If you wish to make a change to any Product or Service that you have purchased but which has not yet been delivered/performed. Please contact us and we will let you know if the change can be made (such decision being a matter at our sole discretion). You have no inherent or automatic right to vary any contract with us. We may decline to make a change for any reason and do not need to give any explanation. If we decline your request, then you are expected to honour the contract in full. You acknowledge that our ability to alter or cancel your Order may be limited by our already having ourselves purchased the relevant Product or Service spare part from the manufacturer or agent in circumstances where a refund or cancelation is either not possible or may result in a dispute of a disproportionate nature with the said supplier/agent.
4.2 If we can/are willing to change your Order. Then we will let you know and inform you about any consequential change to the price of the Product/Service, the timing of supply or anything else about your Order which it would be necessary to amend as a result of your requested change. We will ask you to then confirm whether you wish to go ahead with the change. If the consequences of making the change are unacceptable to you then you are expected to honour the Order.
4.3 Our right to make changes to an Order. Subject always to the other provisions of these Terms that may allow us to vary/end your contract(s) with us:
(a) we reserve the right to amend your Order if so required by any applicable statutory or regulatory requirement, and we shall notify you in any such event;
(b) delivery. We shall provide you with some delivery/courier choices at time of Order. You must choose one of them unless you wish to collect your purchased Products/Finished Service Item yourself from our premises;
(c) courier companies. You will contract directly with the courier company you choose. They will be acting as your agents, not ours. If there is a problem with delivery we may try and offer reasonable assistance, but ultimately the matter is between you and them and your dealings with them shall be based upon their terms and conditions. You shall be responsible for paying the courier. If as part of the purchase process we pay the courier we do so strictly on your behalf and purely to expedite matters and you shall reimburse us in full, even if there is any dispute with the relevant courier on any matter.
5.1 Product Delivery costs. The costs of delivery are paid by you. We will provide a non-binding estimate in any notification of acceptance of your purchase request. Where delivery is to an address outside of the UK then the provisions of clause 2.8 apply.
5.2 Service Delivery. We shall agree the location where the Service is to be performed as part of the purchase process.
5.3 We are not responsible for delivery delays outside our control. If our supply of the Products or spare parts for Services is delayed by an event outside our control then we shall contact you as soon as reasonably possible to let you know. We will not be liable for delays caused by events outside our control, but if there is a risk of substantial delay you may contact us to cancel the Order and receive a refund for any Products/Services you have paid for but not yet received.
5.4 Collection by you. If you have asked/been asked to collect the Products/Finished Service Item from our premises at Unit 8 Enterprise Court, Metcalf Way, Crawley, West Sussex, RH11 7RW, then you can collect them from us at any time between 10am – 12.30pm and 1.30pm – 3
6pm, Monday – Friday, excluding English public holidays.
5.5 Costs of redelivery. If:
(a) the courier delivered at a time of your choosing, or at a time when you said that someone would be available to take delivery of the Products/Finished Service Item, but they were not; or
(b) delivery was not possible because incorrect, incomplete or misleading address/directions were given;
(c) the courier was unable to effect deliver for any reason other than error on its part or ours, then:
we reserve the right to charge you for (i) the costs of the Products/Finished Service Item being returned to us and (ii) costs of any subsequent redelivery.
5.6 If you do not re-arrange delivery. If you do not collect the Products/Finished Service Item from us or if, after a failed delivery to you, you do not re-arrange delivery then we may at our sole discretion make reasonable attempts to contact you for further instructions, but the responsibility is entirely yours to contact us. We reserve the right to charge you on an indemnity basis for storage costs and any further delivery and other costs incurred. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may deem you in breach of contract and end it.
5.7 Your legal rights if we deliver Products/Finished Service Items late. Time is not of the essence unless we have expressly agreed so in writing otherwise all delivery dates are indicative only.
5.8 When we will provide the Products/Finished Service Item. During the purchase process if we are able to do so then we will let you know when we hope to provide the Products/Finished Service Item to you. We shall deliver to you as soon as reasonably possible, taking into account staff availability and workload. Delivery times are indicative estimates only unless we have the particular Product available in stock. We are not liable for any such delay and such delay does not constitute a breach of our contract with you.
5.9 When we will pay the costs of return. We will pay the costs of return:
(a) If we determine that the Products are faulty or misdescribed (but we reserve the right to seek repayment of the cost of return if they are not faulty or misdescribed);
(b) if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) In all other circumstances you must pay the costs of return.
5.10 What we charge for collection. If you are responsible for the costs of return and we are collecting from you, the costs of collection will be the charge we have to pay the courier - which will usually be greater than the cost of initial delivery by us.
6.1 When you own Products/Finished Service Items. You own these once we have received payment in full.
6.2 When you become responsible for the Products/Finished Service Items. These will become your responsibility from the time they despatched by courier to you or you collect from us.
- Return of Products
7.1 If you wish to return:
(a) damaged Products: if the damage was caused prior to receipt by you, the Product/Finished Service Item and its packaging must be returned to us, whole, complete and in otherwise resalable as new condition. The determination of origin of damage is a matter for us to decide. We have the right to reject returns that do not meet the requirements of this clause. If we reject the ground for return then we will send the disputed Product/Finished Service Item back to you only upon receipt of the cost of return postage/courier, or if you collect them from our premises;
(b) unwanted Products/Finished Service Items: this is a matter for our sole discretion and is decided on a case-by-case basis. Please contact us. If we do allow a return, then it will be on the basis of your paying all additional transportation costs AND a returns fee equal to 10% of the sale price (including VAT) of the returned items.
You must notify us in writing within 10 days of receipt if you wish to return a Product and they must be returned within 14 days of receipt.
- Termination of contract by us
8.1 Without limiting any other rights or remedies available under these Terms or at law generally, we may terminate any contract with you with immediate effect by giving written notice to you if:
(a) there are provisions elsewhere in the Terms allowing us to do so;
(b) our contract with you reaches its agreed termination date or alternatively everything that needs to be done under it is completed;
(c) where you and we mutually agree to do so;
(d) you commit a material breach of any term of any contract with us (if such a breach is remediable) fails to remedy that breach within seven days of being notified in writing to do so;
(e) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products/Service;
(f) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
(g) you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(h) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(i) your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of any then current contract with us is in jeopardy.
8.2 Without limiting our other rights or remedies, we may suspend provision of the Products and/or Services under any then current contract between you and us if you become subject to any of the events listed in clause 8.1, or we reasonably believe that you are about to become subject to any of those events.
8.3 Without limiting our other rights or remedies, we may terminate any or all then current contract with you with immediate effect by giving written notice to you if you fail to pay any amount due under any contract with us when such amount becomes due.
8.4 On termination of any contract with us for any reason you shall immediately pay us all your outstanding unpaid invoices and interest and, in respect of Products/Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
8.5 Termination or expiry of your contract, however arising, shall not affect either of our respective rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of contract which existed at or before the date of termination.
9.1 Your right to end your contract with us arises:
(a) where there are provisions elsewhere in the Terms allowing you to do so;
(b) our contract reaches its agreed termination date or alternatively everything that needs to be done under it is completed;
(c) where you and we mutually agree to do so;
(d) where we are in breach of a material term of our contract with you – i.e., the breach is significant enough to allow you to terminate at law instead of merely seeking damages.
9.2 Changing your mind. For the avoidance of doubt, you do not have a right to terminate a contract with us because you change your mind.
10.1 The price for the Products/Services. Although the prices we quote on our website are shown exclusive of VAT, VAT is nevertheless payable and the price of the Products/Services purchased (which includes VAT but not import and export duties, taxes and levies, additional courier fees and similar, if any) will be the price indicated on the Order confirmation we will send you if we accept your purchase request. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 10.3 for what happens if we discover an error or variation in the price of the Product/Services you ordered.
10.2 We will pass on changes in the rate of VAT, etc. If the rate of VAT or import/export taxes, duties, customs fees or levies or similar changes between your Order being accepted and the date we supply the ordered item(s), we will adjust the amount that you pay accordingly, unless (in respect of VAT only) you have already paid for the Product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong or it changes:
(a) wrong price. It is always possible that, despite our efforts, some of the Products/Services we sell may be incorrectly priced. If that occurs, then we shall charge the correct amount if lower. If the correct price at the date of your purchase request is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
(b) changed price.You acknowledge that we may need to source Products/replacement parts in response to your purchase request direct from the manufacturer or its agents. It is therefore possible that due to manufacturer price changes or currency exchange rate fluctuations that the actual price is greater than that given to you in the Order confirmation. In such circumstances we reserve the right to pass on to you the higher amount. If possible, we will notify you before committing to purchase of any change in excess of 5% but cannot guarantee to do so.
(c) import/export fees, taxes, duties, levies and charges. Fulfilment of your Order may require us to source Product/replacement parts for you from the manufacturer or its agents overseas. Where that is the case, and we incur import/export fees, taxes, duties, levies or charges we reserve the right to pass the same on to you as an expense if not already expressly covered in the original price quotation.
10.4 When you must pay and how you must pay. Retail purchases must be paid in advance. Where expressly approved, we may allow business to business clients to receive Products on account. We accept payment by BACS, Paypal and all major credit and debit cards. We do not accept payment via cheque. For approved business to business clients only payment must be made in full without set-off, deduction, retention or hold-back within 30 days of the invoice date. Alternatively, we shall only provide Products and Services on credit terms subject of a separate agreement. Accounts where any payment is outstanding for more than 14 days shall have a block put on them until such time as all outstanding sums are paid in full.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, then please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
11.2 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with the contract between us including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.3 Subject to Clause 11.1, the following types of loss are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
11.4 Notice of breach. You must notify us withinone month of becoming aware of any potential or actual breach of contract, providing full details.
11.5 CAP TO LIABILITY. Subject to clause 11.1, our liability to you is limited to the value of the Products/Services purchased under the relevant contract, or £2,000 whichever is the smaller amount.
14.1 No warranties. Other than statutory warranties (e.g., those relating to fitness for purpose and providing the Products as described), the Products and Services are provided to you on an “as is” and “as available” basis, without warranty or representation of any kind.
14.2 To the fullest extent permitted by law, we expressly disclaim all other warranties, whether express, implied, statutory or otherwise and without limiting the foregoing, we do not warrant the accuracy, reliability or completeness of any information provided by us in connection with your use of the Products, or that any particular Product will meet your requirements or be available and defect-free.
14.3 No advice or information, whether oral or written, obtained by you from us or through or from the Products/Services shall create any warranty not expressly stated in these Terms. We take no responsibility and assume no liability for any use to which you or any third party submits the Products to.
15.1 Force majeure. Payments for Products/Services excluded, neither you nor we shall be in breach of contract nor be liable for delay in performing, or failure to perform, any of our respective obligations under a contract if such delay or failure result from events, circumstances or causes beyond the reasonable control of the defaulting party. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for four weeks, the party not in default may terminate the relevant Contract by giving seven working days written notice to the defaulting party.
15.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under any contracts with you to another organisation. We will ensure that the transfer will not affect your rights under the contract but shall contact you to let you know if your rights may be affected.
15.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under any contract with us to another person if we agree to this in writing. We may not agree.
15.4 Nobody else has any rights under this contract. This agreement does not give rise to any rights under the Contracts (Rights of Third parties) Act 1999 to enforce any terms of this agreement.
15.5 Severability. If any part of these Terms are deemed invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of your contract(s) with us shall remain in full force and effect.
15.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
15.8 Which laws apply to this contract and where you may bring legal proceedings. These Terms and the contract with you are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.
Terms Applicable to the Supply of Services Only
- Services may be delivered in the manner we deem most appropriate. Unless the definition of Services in respect of a particular contract details otherwise, we shall at our sole discretion determine how and when to deliver the Services to you and shall use our reasonable endeavours when doing so. We shall endeavour to make reasonable allowances to meet your reasonable requests but are not bound to comply with such requests.
- Time for performance. Unless agreed to the contrary in writing, we shall deliver the Services at your premises between 8am - 6pm on Monday – Friday (English bank holidays excluded). If we agreed to deliver the Services in whole or part outside of these times, then we reserve the right to charge an ‘unsociable hours’ additional fee.
- Time shall not be of the essence in the performance of the Services. If you require the Services to be completed in whole or part by a particular date, then this must be agreed by us in the order confirmation we send you.
- Access. We shall agree access times to your relevant premises. Ahead of each such visit the relevant equipment shall:
(a) not have been used for an hour prior to the start of our visit;
(b) have been disconnected from all power;
(c) have been made safe for access and repair/cleaning purposes;
(d) be cleared of all items possibly interfering with the delivery of our Services.
We are not obliged to provide the Services unless we have acceptable access. Refusal to allow us what we consider to be acceptable access for more than three months will allow us to terminate this contract on account of breach by you. All our rights are reserved in such a situations.
- Power and water. You shall make sufficient water and electrical power available to enable us to use our tools.
- Removal of waste. You shall be responsible for removing waste generated by our provision of the Services. We shall place all solid wastes in bin bags and leave for you to dispose of with your other regular commercial waste.
- Safety. You acknowledge that the provision of our Services could potentially be hazardous to both people and property. You will ensure that your staff and visitors to your premises are aware of the risks and, where possible, keep a safe distance from us while we are performing the Services. You, not we, are responsible for the well-being of your staff and other visitors whilst we carry out the Services.
- Damage to property. You acknowledge that our Services may entail the use of stringent and/or abrasive cleaning materials and vigorous physical interaction with your equipment as part of the cleaning process. Whilst we shall use our reasonable endeavours not to damage your equipment or any surrounding property, we cannot guarantee that minor damage, scuffing et cetera will not occur. We have no liability for such minor damage or more significant damage arising from inherent faults or weaknesses in your equipment which are merely exposed or exacerbated by the provision of our Services.
Terms Applicable to Consumer Clients Only
- Why you should read these Terms. Please read these Terms carefully before you submit your purchase request to us. These Terms tell you who we are, how we will provide our Products to you if we accept your purchase request, how you and we may change or end a contract between us, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms (or you require any changes) then please contact us to discuss the matter before submitting your purchase request. If you submit a purchase request that which we accept, then our acceptance will be solely on these Terms unless we have expressly agreed otherwise in writing.
- . We are Espresso Solutions Ltd, a company registered in England. Our company registration number is 07934595 and our registered office is at 8 Enterprise Court, Metcalf Way, Crawley, West Sussex, RH11 7RW. Our registered VAT number is GB 130 5026 67.
- . You can contact us by telephoning our customer service team at 01293 769825 or by writing to us at the above address or contacting us via live chat or messaging us at https://espresso-solutions.co.uk/contact-us/. PLEASE NOTE you cannot contact us via social media AND YOU CANNOT ALTER THESE TERMS VIA SOCIAL MEDIA CORRESPONDENCE.
- . If we have to contact you then we will do so by telephone, or by writing to you at the email address or postal address you provided to us in your purchase request.
- A purchase request may be rejected for a specific reason or none. We have the right at our sole discretion to reject any purchase request you submit. The reasons may include because we do not have or do not offer the Product and/or Service you require, or we cannot provide it at the price you wish to pay, or we cannot commit to the timescale in which you want delivery. We may also decline a purchase request for other reasons, e.g., because of concerns about payment, or you want us to work under terms that we do not agree with. These are merely examples, but in any event, we always reserve the right to refuse to accept a purchase request without giving any reason for our refusal.
- Your Order number. We will assign an Order number if we issue an Order confirmation. It will help us if you can tell us the Order number whenever you contact us about your Order.
- If you are not there to take collection when the Products are delivered. If no one is available at your premises to take delivery, and the Products cannot be posted through your letterbox, the courier may either:
- leave you a note informing you of how to rearrange delivery. It is your responsibility to do this;
- leave the Products in what the courier considers a safe place; or
- return the Products to us, in which case we shall contact you to discuss redelivery (subject to payment of return/re-delivery fee).
We are not responsible for lost or damage to the Products whilst with the courier or after being left under paragraph 15
- Your legal rights if we deliver Products/Finished Service Items late. You have legal rights if we deliver any Products late. Subject to any other Terms, if we miss a confirmed non-indicative delivery deadline then you may treat the contract as at an end straight away if either of the following apply:
- we have refused to arrange delivery via your chosen courier without good reason; or
- you told us in writing before we accepted your purchase request that delivery within the delivery deadline was essential, and we expressly agreed to treat it as such
- Setting a new deadline for delivery. If you are entitled to treat the contract as at an end straight away then you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we (as opposed to your chosen courier) do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end because of late delivery you can cancel your Order for the missing Products/Finished Service Item and reject them if already delivered or if such delivery is rendered pointless by the failure to deliver. Such rejected items must have all the original packaging and able to be resold as new at full market value. If you wish, you can reject just some of the said delivered items or cancel just some of the Order for the awaited items, unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either return them in person to us or post them back to us. We will pay the cost of postage. Please call customer services on 01293 769 825 or contact us via open chat/creating a ticket at our website at email us at https://espresso-solutions.co.uk/contact-us/ for return instructions.
- Return of Products/Finished Service Items. If you wish to return:
(a) unwanted Products: you have 14 days from receipt of Products bought from us online to notify us that you wish to return them.
For a full refund the relevant Product and its packaging must be returned to us whole, still sealed, complete and in resalable-as-new condition. A deduction from the sum to be refunded will be made if the value of the Products has been reduced as a result of you handling the Products more than was necessary (the extent to which you can handle the Products is the same as it would be if you were assessing them in a shop).
You cannot return any Products with a seal for health protection and hygiene reasons that's been broken.
You have 14 days from your notification of your intention to return Products to actually return them – giving you a maximum of 28 days to complete the return.
(b) Unwanted Finished Service Items. These cannot be returned unless faulty or we are in relevant breach of contract.
(c) damaged Products/Finished Service Items: ‘damaged’ in this context means not of satisfactory quality, or not fit for purpose or not as described or, for Finished Service Items, it means the repair or customisation was unsuccessful. You have the following rights:
- if you return damaged items within 30 days of receipt you have the right to full refund and reimbursement of the return costs (provided not excessive).
- if you return damaged items more than 30 days after purchase but before the elapse of 6 months then we will replace or repair the item as we decide. If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the item.
- If you wish to return items more than 6 months after purchase, then (a) you will need to provide evidence that the damage was inherent and (b) we can make a deduction from any refund for fair use if an attempt at a repair or replacement is unsuccessful.
- You can end your contract with us. Your right to end a contract with us will depend on what you have purchased from us, whether there is anything wrong with what we have supplied, how we are performing and when you wish to terminate. You have different rights in the following different circumstances:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product/Finished Service Item repaired or replaced or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 21 below;
(c) If you have just changed your mind about the Product, see paragraph 11 above. You may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return;
(d) In all other cases (if we are not at fault and there is no right to change your mind), then any cancelation refund or repair is at our discretion.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products/Finished Service Items which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product or to these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the Product you have Ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside of our control;
(d) we have suspended supply of the Products for technical reasons, or notified you that we are going to suspend them for technical reasons, in each case for a period of more than three months; or
(e) you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most items bought online you have a legal right to change your mind within 14 days and receive a refund provided the purchased items are returned in an as-new resalable condition.
- Deductions from refunds if you are exercising your right to change your mind. If you exercise your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products/Finished Service Items, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the returned items and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer for the relevant Products.
- You must compensate us if you break your contract. If we end the contract as a result of your breach of contract we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
(a) online. Complete the ticket request form or use the chat facility at https://espresso-solutions.co.uk/contact-us/;
(b) by post. Write to us at 8 Enterprise Court, Metcalf Way, Crawley, West Sussex, RH11 7RW.
- If you are due a refund and have complied with the Terms relating to refunds then we shall make it to you as soon as reasonably possible after return of the Product/Finished Service Item to us:
(a) If we have offered to collect the items, your refund will be made within 14 days from the day on which we collect the items from you;
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind and we have received the items back from you.
- Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with your contract with us.
- If you wish to exercise your legal rights to reject anything you must either return them in person or post/courier them back to us.
- When you must pay and how you must pay. Payment for Services must always be made in advance. We accept payment by BACS, PayPal and all major credit and debit cards. All payments must be made in full without set-off, deduction, retention or hold-back, in Pounds Sterling and in cleared funds. You must pay for Products before we dispatch them. We will charge your credit or debit card when accepting your purchase request and hold the money until we dispatch the Products/Finished Service Items to you. We reserve the right to deduct from your card without seeking prior approval any additional direct charges, costs or expenses incurred. Any such deductions will be notified to you.
- We are responsible to you for reasonably foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of us breaking our contract with you or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably foreseeable.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products/Finished Service Items including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
- Nobody else has any rights under this contract. All of our contracts are between you and us. No other person shall have any rights to enforce any of their terms.
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01293 769825 or write to us using one of the options available at https://espresso-solutions.co.uk/contact-us/.