Terms & Conditions
1.2. Your use of our website is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
1.3. We operate the website www.martinsmeats.com We are Gilders Transport Limited (trading as Martin’s Meats), a company registered in England and Wales under company number 2009526 and with our registered office at Marlborough Cottage, Gretton Fields, Gretton, Cheltenham, Gloucestershire, GL54 5HH. Our main trading address is Unit 5, Orchard Industrial Estate, Toddington, Cheltenham, GL54 5EB.
1.4. These Terms will apply to any contract between us for the sale of Goods and the supply of Services to you (“the Contract”). They govern the sale and supply of all Goods and Services by Gilders Transport Limited (trading as Martin’s Meats), together with all and any of its business divisions and subsidiaries (together the “Seller”) to you (“the Buyer”).
1.5. You are urged to read these Terms carefully to ensure you fully understand them before ordering any Goods and Services. By ordering any of the Goods and Services, you are deemed to be bound by these Terms.
1.6. These Terms apply notwithstanding any conflicting, contrary or additional terms and conditions in any Order or other document or communication from the Buyer. To the extent that there is any inconsistency between these Terms and any other document issued by the Seller or the Buyer, these Terms will take priority.
1.7. These Terms may only be waived or modified in a written agreement signed by an authorised representative of the Seller. Neither our acknowledgment of an Order nor our failure to object to conflicting, contrary or additional terms and conditions in a Purchase Order shall be deemed an acceptance of such terms and conditions or a waiver of these provisions.
1.8. For orders on our Site, by clicking on the button “Accept” at the end of these Terms, the Buyer is deemed to have read, understood and accepted these Terms. Failure to accept these Terms will result in the Buyer being unable to place an Order for the Goods and Services. You should print a copy of these Terms for future reference.
1.9. We amend these Terms from time to time. Each time the Buyer wishes to order Goods and/or Services, the Buyer is encouraged to check the current version of these Terms to ensure you understand the terms which will apply at that time. You should print a copy of these Terms or save them to your computer for future reference.
1.10. These Terms and any Contract between the Seller and the Buyer are only in the English Language and were most recently updated on 01 March 2014.
2.1. When the following words with capital letters are used in these Terms, this is what they will mean:
“Buyer” (also “You”, “Your” etc.) The individual, company or legal entity which is entering into this agreement in order to purchase Good and Services from the Seller pursuant to these Terms;
“Food Standards Agency Guidelines” The Guidelines of the Food Standards Agency which can be obtained from the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH or at www.food.gov.uk
“Goods” The goods (including but not limited to meat products) ordered by the Buyer and provided by the Seller pursuant to these Terms of sale and supply;
“Orders” The Buyer’s order for the Goods, whether by on-line, telephone, Purchase Order or any other means;
“Purchase Order” The document issued by the Buyer in the form approved by the Buyer to confirm its order for the Goods;
“Seller” (also “We”, “Us” “Our” etc.) Gilders Transport Limited (trading as Martin’s Meats), a private limited company incorporated in England and Wales with registered company number 2009526 with registered offices at Marlborough Cottage, Gretton Fields, Gretton, Cheltenham, Gloucestershire, GL54 5HH together with all and any of its business divisions and subsidiaries;
“Services” The services (including but not limited to those services which support the delivery of the Goods, such as catering, cooking and events services) ordered by the Buyer and supplied by the Seller pursuant to these Terms of sale and supply;
3. The Terms.
3.1. You agree to purchase and We agree to provide the Goods and Services pursuant to these Terms.
3.2. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
3.3. Any statements or advice, technical or otherwise, which are offered or given You shall be deemed to be given to You without charge and We shall have no responsibility or liability for the content or use of such statements or advice.
3.4. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
4.1. Orders shall be initiated by You either issuing a Purchase Order, placing an order through Our Site or by any other electronic or written/verbal means acceptable to Us. Orders shall identify the Goods and Services, unit quantities, weights, amounts, descriptions, applicable prices and requested delivery dates.
4.2. For the steps You need to take to place an Order on Our website, please refer to the ordering page on Our website www.martinsmeats.com. Our order process allows You to check and amend any errors before submitting Your order. You are encouraged to take the time to read and check Your order at each section of the order process.
4.3. All Orders are subject to acceptance by Us. These Terms will become binding as at the point that We confirm that We are able to provide the Goods, at which point a contract will come into existence. Following the placing of an Order, We will issue to You, either an e-mail acknowledging receipt of the Your Order or an Order confirmation note. However, this does not mean that the Buyer’s order has been accepted. Our acceptance of Your Order will be
confirmed by the sending of an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between the Buyer and the Seller will only be formed when the Seller sends the Buyer the Dispatch Confirmation.
4.4. We will give each Order a unique invoice number and shall inform You of this unique invoice number when we confirm the Order. This number is to be referred to in all correspondence relating to the Order.
4.5. We reserve the right to allocate sales of Goods and the supply of Services among Our customers at Our sole and unfettered discretion.
4.6. If We are unable to supply You with certain Goods, for example because those Goods are not in stock or no longer available or because of an error in the price on Our Site, We will inform You of this by e-mail or by telephone and We will not process the Order. If You have already paid for the Goods, We will refund You the full amount as soon as possible.
4.7. Notwithstanding any provision of these Terms to the contrary, Orders for special, custom, value-added and other non-standard Goods and Services, including Goods which are cut to Your request and Services which are booked for specific events on specific dates, shall be non-cancellable and non-returnable.
5. Images and Photographs of Goods
5.1. Our Site, catalogue and any brochures are solely for the promotion of Our Goods in the UK. The images of the Goods on Our Site or in Our catalogues or brochures are for illustrative purposes only. Due to the nature of the Goods, We cannot guarantee that any display of the colours or the printed pictures accurately reflect the colour or image of the Goods and such Goods may vary from those images.
5.2. Whilst We have made every effort to be as accurate as possible, all physical characteristics, including but not limited to sizes, weights, capacities, dimensions and measurements indicated on our Site have a 15% tolerance.
5.3. All Goods shown on the Our Site are subject to availability. For all Site purchases, We will contact You as soon as possible if the Goods ordered are not available and We will not process any Order if made. The packaging of the Goods may also vary from those on the Our Site.
6. Changes to Order
6.1. We reserve the right to revise these Terms from time to time in the following circumstances:
6.1.1. changes in how We accept payment from You;
6.1.2. changes in relevant laws and regulatory requirements; and
6.1.3. changes and enhancements to the Services that we are able to offer to support the Goods
6.2. In relation to continuing Services provided pursuant to these Terms, We will provide You with at least one month’s written notice of any changes to these Terms before they take effect.
6.3. Providing We have not cut, processed or acted in any way in response to an Order, You may make a change to the Order for Goods and Services within 24 hours of placing an Order. Where such a change results in the total price of the Order increasing or decreasing, We will notify You of the amended price in writing.
6.4. If We are unable to supply You with Goods or Services due to them not being in stock or no longer available, or because of an error in the description or pricing on the Site, We will provide confirmation of this to You and will not process the Order.
7. Use of Goods.
7.1. The Goods sold by Us comply with the Food Standards Agency Guidelines and must be used by You in conjunction with these guidelines.
7.2. Should You use or re-sell the Goods for purposes other than those outlined in the Foods Standards Agency Guidelines:
7.2.1. You acknowledges that such use or sale is at Your sole risk;
7.2.2. You agree that We are not liable, in whole or in part, for any claim or damage arising from such use or re-sale; and
7.2.3. You agree to indemnify, defend and hold harmless, Us from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
7.3. Any recommendation or suggestion made by Us (including our directors, managers, employees, contractors, agents etc.) relating to the use, preparation, cooking etc. of the Goods is made in good faith, but we accept no liability whatsoever for such recommendation and it is for You to satisfy Yourself as to the suitability of the Goods for any particular purpose (and their preparation, cooking etc.) and it will be deemed that You have done so.
7.4. By accepting these Terms, You are confirming that you have authority to bind any business on whose behalf You are ordering the Goods and/or Services.
8. Delivery & Title to the Products.
8.1. All deliveries of Orders to the value of £50.00 or more are delivered free of charge (at Our discretion) to addresses within the Post Code areas GL52, GL54, GL55, GL56, GL20 and WR8, WR10, WR11, WR12. For Orders less than £50.00 or deliveries to addresses other than the Post Code areas above, all transportation and delivery charges shall be paid by You in addition to the price of the Goods. The earliest You can request a delivery is 36 hours from the time an Order is placed.
8.2. Subject to Our right of stoppage in transit, delivery of the Goods to the carrier shall constitute delivery to You and risk of loss shall thereupon pass to You. Selection of the carrier and delivery route shall be made by Us.
8.3. We shall use reasonable efforts to initiate shipment and schedule delivery as close as possible to Your requested delivery dates, but You acknowledge that delivery dates and time provided by Us are estimates only and that We are not liable for any failure to deliver on such dates. We also reserve the right to make deliveries in instalments.
8.4. Delivery of a quantity which varies from the quantity specified shall not relieve You of the obligation to accept delivery and pay for the Goods delivered. Any delay in delivery of one instalment shall not entitle You to cancel any subsequent instalment.
8.5. Website Orders will be fulfilled by the estimated delivery date as set out in the Dispatch Confirmation unless there is a Force Majeure event. Delivery will be complete when We deliver the Goods to its chosen carrier. Risk in the Goods passes to You on Delivery.
8.6. Title to Goods shall not pass to You until We have received payment in full (in cash or cleared funds) for such Goods and all other sums which are or which become due to Us from You for sales of Goods or on any account.
8.7. Until title to Goods have passed to You, You shall hold such Goods on a fiduciary basis as Our bailee and keep them insured on Our behalf for their full price against all risks with an insurer that is reasonably acceptable to Us.
8.8. You shall (if requested) obtain an endorsement of Our interest in the Goods on Your insurance policy, subject to the insurer being willing to make the endorsement. On request You shall allow Us to inspect such Goods and the insurance policy, but You may resell or use Goods in the ordinary course of Your business.
8.9. If before title to Goods passes to You, You become subject to any event of insolvency, then,
provided that such Goods have not been resold and without limiting any other right or remedy
We may have, We may at any time require You to deliver up such Goods and, if You fail to do
so promptly, enter any premises of You or of any third party where the relevant Goods are
stored in order to recover them.
8.10. It will be assumed that where You buy similar Goods from Us on a regular basis, You operate
an adequate stock rotation system such that the Goods still held relate to invoices still
outstanding for which full payment has not been made.
9. Acceptance of Products.
9.1. Inspection and acceptance of the Goods shall be Your responsibility.
9.2. You are deemed to have accepted the Goods unless written notice of rejection is received by
Us within 24 hours after Delivery of the Goods. You waive any right to revoke acceptance
9.3. No return of Goods shall be accepted by Us without a Return Material Authorisation (“RMA”)
Number, which may be issued by Us in our sole discretion and We reserve the right to apply
a 15% handling charge on all Goods returned (at Our discretion).
9.4. Returned Goods must be in original delivery cartons complete with all packing materials. All
Goods for return shall be returned in the manner specified in the RMA. If returned Goods are
alleged to be defective, a complete description of the nature of the defect must be included
with the returned Goods. Goods not eligible for return shall be returned to You unless this
would be in breach of the Food Standards Agency guidelines in which case, they will be
destroyed; however this does not relieve You of the obligation to pay for the Goods.
9.5. Any Goods which are specifically produced, commissioned or obtained for You (including
Goods which are cut to your order) cannot be returned for credit.
10. Price and payment.
10.1. Prices shall be as specified by Us and in the event of pricing being contained within a quote
from Us, the prices shall be applicable for the period specified in Our quote. In the event that
no period is specified, the prices shall be applicable for thirty (30) days.
10.2. Prices of the Goods and Services on Our Site will be as quoted on the Site from time to time.
For Goods purchased other than from the Site, the price shall be as per the terms of the
quote or the price as at the date of despatch. We take every care to ensure that Our prices
of the Goods are correct at the relevant time when the information was entered onto the Site.
However, should We discover an error in the price of the Goods Ordered by You:
10.2.1. where the Goods’ correct price is less than the price stated on the Site, We
will charge the lower amount when dispatching the Goods to You. However,
if the pricing error is obvious and unmistakeable and could have reasonably
been recognised by You as a mispricing, We do not have to provide the
Goods to You at the incorrect (lower) price; and
10.2.2. if the Goods’ correct price is higher than the price stated on the Our Site, We
shall contact You as soon as possible to inform You of this error and allow
You the option of continuing to purchase the Goods at the correct price or
cancelling Your Order. We shall not process the Order until We receive Your
instructions. If We are unable to contact You using the contact details
provided by You during the Order process, We will treat the Order as
cancelled and notify You in writing.
10.3. Notwithstanding the foregoing, prices shall be subject to increase in the event of an increase
in Our costs or other circumstances beyond Our reasonable control. Prices are exclusive of
taxes, impositions and other charges, including: sales, use, excise, value added and similar
taxes or charges imposed by any government authority. If We are for or shall pay any of the
above, the same shall be paid by You to Us in addition to the price of the Goods.
10.4. Payment by way of internet based Order and all applicable delivery charges is in advance
and shall be made at the time of placing the Order by way of electronic transfer. We accept
the following credit cards: Visa, Visa Debit, Mastercard, American Express and Paypal.
Payment for the Goods and all applicable delivery charges is in advance. We shall not
charge any debit or credit card until We dispatch Your Order.
10.5. In relation to all credit based orders, payment by way of invoice shall be BACS payment
only, net twenty-eight (28) days from date of invoice or as otherwise specified by Us with
time being of the essence in this regard. You agree to pay the entire net amount of each
invoice from Us pursuant to the terms of each such invoice without offset or deduction.
Orders are subject to credit approval by Us, which may in Our sole discretion at any time
change the terms of Your credit, require payment in cash, bank wire transfer or by official
bank check and/or require payment of any or all amounts due or to become due for Your
order before delivery of any or all of the Goods.
10.6. If We believe in good faith that Your ability to make payments may be impaired or if You
shall fail to pay any invoice when due, We may suspend delivery of any Order or any
remaining balance thereof until such payment is made or cancel any Order or any remaining
balance thereof, and You shall remain liable to pay for any Goods already delivered and all
Goods ordered by You.
10.7. You agree to submit such financial information from time to time as may be reasonably
requested by Us for the establishment and/or continuation of credit terms, including, the
completion of Our Application for Credit Account at Appendix A to these Terms.
10.8. Cheques are accepted subject to collection and the date of collection shall be deemed the
date of payment. Any cheque received from You may be applied by Us against any obligation
owing from You to Us, regardless of any statement appearing on or referring to such cheque,
without discharging Your liability for any additional amounts owing from You to Us, and the
acceptance by Us of such cheque shall not constitute a waiver of Our right to pursue the
collection of any remaining balance.
10.9. You shall pay interest on any invoice not paid when due from the due date to the date of
payment at the rate of 4% above the base lending rate of the Bank of England or the Late
Payment of Commercial Debts (Interest) Act 1998 whichever is the higher and whichever is
applicable to You. If You fail to make payment when due, We may pursue any legal or
equitable remedies, in which event We shall be entitled to reimbursement for costs of
collection and reasonable legal fees.
11.1. We warrant to You that upon delivery to You, the Goods purchased shall be fit for purpose
and/or human consumption.
11.2. We make no other warranty, express or implied, with respect to the Goods. In particular, We
make no warranty respecting the merchantability of the Goods or their suitability or fitness
for any particular purpose or use or respecting infringement.
11.3. With respect to the Goods which are not provided pursuant to the warranty at clause 11.1
above, Our liability is limited, at Our election, to a refund of Your purchase price for such
Goods (without interest) or a replacement of such Goods, provided, however, that such Goods
must be returned to Us within 48 hours from date of delivery, transportation charges prepaid.
11.4. You shall not in any event be entitled to, and We shall not be liable for indirect, special,
incidental or consequential damages of any nature including, without limitation, business
interruption costs, removal and/or reinstallation costs, re-procurement costs, loss of profit or
revenue, loss of data, promotional or manufacturing expenses, overhead, injury to reputation,
loss of customers, distress, upset or other such similar non-financial loss. This applies
notwithstanding that We have been advised of the possibility of such damages.
11.5. Your recovery from Us for any claim shall not exceed Your purchase price for the Goods giving
rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty, or
11.6. Any warranty provided by Us will not apply to any defect in the Goods arising from:
11.6.1. the passage of time naturally resulting in a deterioration of the Goods;
11.6.2. wilful damage, abnormal storage or holding conditions, accident, negligence by
You or by any third party;
11.6.3. a failure to use the Goods in accordance with the Food Standards Agency
11.6.4. any custom specification provided by You.
11.7. We shall not be liable for and You shall indemnify, defend and hold Us harmless from any
claims based on Your compliance with Our specifications or instructions, or modification of
any Goods, or use in combination with other Goods.
11.8. Nothing within these Terms excludes or limits in any way Our liability for:
11.8.1. death or personal injury caused by Our negligence or the negligence of Our
employees, agents or subcontractors;
11.8.2. fraud or fraudulent misrepresentation;
11.8.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and
by section 2 of the Supply of Goods and Services Act 1982 (title and quiet
11.8.4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods
Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act
1982 (description, satisfactory quality, fitness for purpose and samples); and
11.8.5. defective products under the Consumer Protection Act 1987.
12. Force Majeure.
12.1. We shall not be liable for failure to fulfil Our obligations herein or for delays in delivery due to
causes beyond Our reasonable control, including, but not limited to, acts of God, natural
disasters, acts or omissions of other parties, acts or omissions of civil or military authority,
Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics,
quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to
obtain labour or materials through Our regular sources. Our time for performance of any such
obligation shall be extended for the time period of such delay or We may, at Our option,
cancel any order or remaining part thereof without liability by giving notice of such cancellation
13. Intellectual Property.
13.1. If an Order includes any intellectual property, such intellectual property is provided by Us to
You subject to the copyright and user license, the terms of which shall be set forth in a
separate agreement accompanying such intellectual property. Nothing herein shall be
construed to grant any rights or license to use any intellectual property in any manner or for
any purpose not expressly permitted by such license agreement.
14. Contact Information.
14.1. We are a private limited company registered in England and Wales. Our company
registration number is 2009528 with Our registered office address at Marlborough Cottage,
Gretton Fields, Gretton, Cheltenham, Gloucestershire, GL54 5HH.
14.2. We can be contacted by telephone with its customer service team contactable on 01242
621493 or by e-mailing Us at firstname.lastname@example.org
14.3. Any notice in writing to Us under these Terms shall be sent by pre-paid recorded delivery
post to Gilders Transport Limited, Marlborough Cottage, Gretton Fields, Gretton,
Cheltenham, Gloucestershire, GL54 5HH. We shall confirm receipt of written
correspondence by contacting You in writing.
14.4. Any notice in writing to You under these Terms shall be sent by pre-paid recorded delivery
post to the address You provided to Us in the Order.
15. Use of Personal Information
15.1. We reserve the right to use any personal information provided by You to Us in accordance
15.1.1. providing the Goods and/or Services;
15.1.2. processing the payment for such Goods and/or Services;
15.1.3. analysing and monitoring trends in relation to Site access and ordering; and
15.1.4. informing You about similar or complimentary products or services that We
or Our selected third parties provide (however You may stop receiving such
information at any time by contacting Us in writing at the address in clause
15.2. You agree that We may pass Our personal information to credit reference agencies and that
they may keep a record of any search that they undertake.
15.3. We shall not give any personal data relating to You to any other third party.
16.1. Any terms appearing in the singular shall include the plural and terms appearing in the plural
shall include the singular. References within these Terms to clauses are references to clauses
within this agreement.
16.2. No rights, duties, agreements or obligations hereunder may be assigned or transferred by
either party, by operation of law, merger or otherwise, without the prior written consent of the
other. Any attempted or purported assignment shall be void. Notwithstanding the foregoing,
Our obligations under these Terms may be performed by divisions, subsidiaries or affiliates of
16.3. The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and
their respective successors and assigns.
16.4. The waiver of any provision hereof or of any breach or default hereunder shall not be deemed
a waiver of any other provision hereof or breach or default hereunder. Any provision hereof
which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such
provision in any other jurisdiction.
16.5. These Terms shall be governed by and construed in accordance with the laws of the United Kingdom excluding any law or principle which would apply the law of any other jurisdiction.
17. Clauses Applicable only to Consumers
17.1. The following clauses are only applicable to individuals purchasing Goods and/or Services on their own behalf and for their own personal benefit and not on behalf of or for the use in any business
17.1.1. If you are a consumer, you may only purchase Goods and Services from our site if you are at least 18 years old.
17.1.2. Delivery will be complete when We deliver the Goods and/or Services to the address that you have provided when ordering the Goods and/or Services. Risk in the Goods passes to You on Delivery.
17.1.3. You have legal right in relation to Goods which are faulty or not as described. Advice about your legal rights is available to you from your Citizens Advice Bureau or Trading Standards Office. Nothing in these Terms affect your statutory rights.
17.1.4. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.1.5. We only supply the Goods to consumers for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.1.6. We do not in any way exclude or limit our liability for:
18.104.22.168. Death or personal injury caused by our negligence;
22.214.171.124. Fraud or fraudulent misrepresentation;
126.96.36.199. Any breach of the terms implied by section 12 of the Sale of Goods
Act 1979 (title and quiet possession);
188.8.131.52. Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
184.108.40.206. Defective products under the Consumer Protection Act 1987.
17.1.7. As this is a Contract for the supply of food, beverages or other goods intended for everyday consumption supplied to Your residence or to Your workplace by regular roundsmen under Regulation 6 (2) (a) of the Consumer Protection (Distance Selling) Regulations 2000, you do not have a right to cancel this Contract. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
17.1.8. If you have returned the Goods to us because they are faulty or mis-described, we will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs You incur in returning the item to Us. We refund you on the credit card or debit card used by You to pay.
17.1.9. If the Goods were delivered to You, You must return the Goods to us within 48 hours of delivery to You. If the Goods require collection, We will collect the Goods from the address to which they were delivered. We will contact You to arrange a suitable time for collection.
17.1.10. Unless the Goods are faulty or not as described, You will not entitled to return or reject the Goods.
17.1.11. You have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
17.1.12. As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.