Terms & Conditions

TERMS and CONDITIONS OF TRADING

These Terms and Conditions supersede all previous versions originally published and agreed with AMERICATESSEN ®
THE COMPANY, AMERICATESSEN ® is the trading name of Americandy Inc. Ltd. registered in the United Kingdom, and herein after known as “The Company”.

DEFINITIONS

These are the Company’s standard Terms and Conditions of trade (T&C’s) and relate to the Customer Information and Registration Form.
For the use of this document, AMERICATESSEN shall be referred to as “The Company”, and the proposed customer named in box 1 of this form, as well as their Directors/Shareholders together with their other associated companies shall be called “The Purchaser”.
“Goods” relate to all items The Company supplies to The Purchaser whosoever as named/described on an officially numbered invoice or delivery note created by The Company.
All prices are quoted in UK pounds sterling, and no other currency is accepted.

TERMS

Terms of payment are not negotiable and will be by Proforma Invoice, COD, or 30 days net dependent on account status agreed with the Company.

PAYMENT

All payments should be made payable to Americatessen (referred to as the Company).
Accounts that remain unsettled after 60 days without prior arrangement will automatically be passed on to a collection agency, whereby an additional fee of 10% of the total bill will be incurred, plus an additional monthly interest charge.
Any further costs arising from the company’s effort to obtain settlement will also be charged to the account. The Company reserves the right to amend the monthly credit charge without prior notice.
If The Company finds cause to be concerned that the debt owed by The Purchaser to The Company may not be paid, The Purchaser gives permission to The Company, and their agents, to enter its establishment and remove all stock and other items to cover the outstanding debt.
Where credit terms are offered to The Purchaser, the Directors and Shareholders, named in this form will become personally liable for their companies debt.

PRICES

All prices shown are ex-warehouse, quoted in UK pounds sterling, strictly net and are subject to change without prior notification. Every effort will be made to maintain prices, but exchange rate fluctuations, tax changes and variations in raw material costs may necessitate price changes, and all orders are accepted on this basis.

VAT

Certain products are subject to VAT and will be charged at the standard rate of 20% (subject to Government changes). These are indicated in our price lists. All other products are subject to zero % rate.

EXPORT

It is the responsibility of the customer to ensure that any product purchased and imported into another EU member state meets with local regulations and is permitted into that country, principality, or state. We cannot accept returns or consequences.

EU CUSTOMERS BUYING ONLINE FROM THE UK

Customers should be aware that ordering goods online that are located outside the EU at the time of sale will result in a customs declaration being made and may result in customs duties and handling fees being incurred.  When you buy a product from a non-EU country, VAT is payable on your purchase irrespective of the value of the goods. In addition to VAT, you may also have to pay customs duties for goods above €150 and excise duty for specific goods.  When you buy online from a non-EU country, VAT must also be paid, just as if you ordered goods that are already located within the EU.  
Customs clearance for release for free circulation is the documented permission granted by the national customs authority in the EU to allow the goods to be used or consumed in the EU. This permission is given to the person that declared the goods to customs. For e-commerce goods, it is typically a shipping agent (postal operator or courier) that will charge you a customs clearance fee for complying with the necessary formalities.  The permission is proof that all applicable customs formalities have been completed, including the payment of duties, and the shipment is free to be used or consumed. 
Goods for which you do not have to pay customs duties (e.g. with total value lower than €150) are still subject to customs clearance.  Import VAT is calculated as a percentage (VAT rate) of the taxable amount. The VAT rate is the one applicable in the country where the goods are being delivered.  The VAT taxable amount is made up of the customs value plus taxes, duties, levies and other charges, such as shipping and insurance costs.   Where the import VAT is not included in the price paid, you will have to pay it to the postal company or express courier, or directly to the customs if you clear the goods at customs yourself. In the latter case, the procedure differs according to the country of import.

MINIMUM ORDER VALUE

There is no minimum order, however, a carriage charge will be applied to small orders.

WARM WEATHER

During periods of warm weather we cannot accept responsibility for goods damaged by heat while in transit. Whilst every effort is made to forewarn customers please note that goods are dispatched at the customer’s risk.

CLAIMS

Any damage, shortages, discrepancies or pilferage must be reported to us within 48hrs of receipt of goods.
No claims for any reason can be recognized after one month from the date of the delivery.
It is the responsibility of The Purchaser or their agent to check and sign the corresponding delivery note at the time of delivery, and any damage, shortages, discrepancies or pilferage must be reported to The Company immediately. The Company reserves the right to refuse any claim if the goods have been received and signed for without notification of such damage or shortages

RETURNS

No goods shall be returned without prior agreement. Unless such agreement is obtained, no credits can be issued. Returned goods may also be subject to a handling charge.

DELIVERIES

Any dates and times given are approximate. Late delivery will not be an acceptable reason for refusing goods, unless we are informed in writing beforehand.
ALL DELIVERIES MUST BE INSPECTED ON ARRIVAL, AND ANY DAMAGES, SHORTAGES OR DISCREPANCIES NOTED ON THE DELIVERY NOTE. FAILURE TO DO SO MAY INVALIDATE ANY CLAIM.

DELIVERY CHARGES

Orders over £750 (excluding vat), will be delivered free of charge to all UK mainland addresses, excluding the Scottish Highlands and Northern Ireland. Orders below £750 will be subject to a delivery charge dependent upon size and weight of goods. This fee may be waived at the Company’s discretion at any time.
Orders sent to all EU member counties and Northern Ireland will be charged for at cost if this service is required.
The delivery charge is dependent on destination, size and weight of the order. A quotation can be provided upon request.

SPECIAL ORDERS

For special requests, a quotation will be provided and if acceptable, full payment is required with order.

DIVISIBILITY

Each order or contract is divisible.  Each delivery made hereunder:

(i) shall be deemed to arise from a separate contract; and

(ii) shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and not-withstanding any defect or default in the delivery of any other instalment.

PASSING OF TITLE

Tittle to the goods shall remain vested in the Company and until the Company has received payment in full of the purchase price. On delivery all risks in connection with goods shall pass to the customer.
By accepting these Terms & Conditions the Purchaser and /or Directors/Shareholders named on the Customer information & Registration form shall waiver all protection offered to them when purchasing goods from The Company on behalf of their own company whether it be Limited, Sole Trader or Partnership. They will become personally liable for their debt to The Seller and these same persons also agree that all costs associated with reclaiming the monies owed will be added to their debt.

(July 2022)