Terms & Conditions
Grey Simmonds Limited
180 Wardour Street
Business Contact Details
Grey Simmonds Limited
Gardiners Lane South
Telephone UK: 0845 130 9070 / 0845 130 9080
Company Registration Number 6745594
VAT Number 718 7170 23
ALL PRICES SHOWN EXCLUDE VAT
The terms conditions & warranties contained in the sellers catalogue, price list, website and/or confirmation of order shall constitute the whole of the contract between the buyer and the seller.
No contract shall become binding on the sellers until a written acknowledgement of order has been sent to the Buyer.
Office hours are 9:00am to 5:30pm Monday to Friday excluding Bank Holidays. Orders received prior to 2:00pm are processed for picking and dispatch and would normally be delivered within the stated delivery period. Orders received after 2:00pm will be processed on the next available working day. For the avoidance of doubt the Company does not open on Saturday, Sundays and Public holidays.
This website, WWW.GREY SIMMONDS.CO.UK (the "Site"), and all personal information collected from users of this site, is owned solely by "Grey Simmonds Limited". In these Website Terms references to "we", "us", "our", "the Company", are references to "Grey Simmonds Limited".
2. Changes to Site
Further, we may change this Site at any time without notice by adding or removing features or services. This will be without liability to you. We reserve the right to withdraw offers and discounts at any time and at our discretion. We do not warrant that the information accessible via this Site is accurate and assumes no duty to update such information. We do not accept liability for any errors or omissions. We reserve the right to change any advertised prices at any time. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. Please see our Shopping Terms for full details. As such the Company uses its best endeavours to ensure that information contained in this website is accurate and not misleading.
3.Law and Jurisdiction
This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable. Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law.
We have a privacy statement for all clients. All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation. We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of any orders and payments secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.
5.Conditions of Use - Copyright
You may save and print individual items included on this Site. However this must be for your personal, non-commercial use only. You may also send selected individual items to other users of the site or your friends or work colleagues provided that they only use them for their own personal, non-commercial use. Any other onward distribution or further publication is prohibited.
Any links featured on this Site have been included for your convenience only. The inclusion of a link does not imply that we endorse or accept any responsibility for the linked site, its content or its provider. Access to a linked site will be subject to that sites own terms and conditions, to which you should refer.
1. This website, WWW.GREYSIMMONDS.CO.UK (the "Site"), and all personal information collected from users of this site, is owned solely by "Grey Simmonds Limited". In these shopping terms references to "we", "us", "our", are references to Grey Simmonds Limited.
We are a UK business wholesaling products to the Catering, Leisure and related industries. Our delivery offices are based in Cranes Point, Gardiners Lane South, Basildon, Essex, SS14 3AP, United Kingdom.
Our website address is WWW.GREYSIMMONDS.CO.UK. Please read our terms and conditions ("terms") carefully. We recommend that you print the terms out for reference in the future.
2. Use of this site
2.1 By accessing and using any part of this site, the visitor/consumer/customer ("you") agrees with us to be bound by these terms. If you do not accept these terms, you may not use this site or access or display any of the information made available to you at this site. These terms for the sale of goods govern any contract for sale that we enter into with you.
2.2 Your statutory rights are not affected.
We do not accept any liability for any website not under our control, which may act as a portal to our site or be connected by a link with our site or that we connect by a link to.
4. Supply of goods
We reserve the right to refuse the supply of goods at our discretion.
To order goods you must be least 18 years of age.
If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be excluded and shall not affect the validity and enforceability of the remaining terms and conditions.
7. Offer and acceptance
7.1 A binding contract is formed between you and us when you receive confirmation from us by e-mail, telephone or other agreed means that your order has been accepted.
8. Cancellation of orders
8.1 Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website within 7 days of receiving your goods and for a full refund excluding cost of return postage providing you take utmost care of the goods whilst they are in your possession and return the goods undamaged (by Royal Mail delivery) within 7 days of you having received them. Please refer to returns policy for full details. A refund will be provided within 30days to the original purchaser only.
8.2 To cancel you can email us, or write to us (see clause 1 for details) within seven days of delivery of your items, quoting your order number. See item 12 below, detailing returning instructions.
8.3 Special Orders and Clearance Lines
Some items in our online shop are deemed "special orders". Special Orders can take longer to deliver because they may have to come directly from the manufacturer. Special order and Clearance product purchases are FINAL orders and cannot be cancelled once the order is placed and will not be refunded. Please select the special order or clearance line items carefully before placing your order.
8.4 Under very unusual and rare instances we might refund you for special orders but there will be a handling charge of 25% of the total to cover all our costs.
9.1 Our prices are in Great British Pound Sterling.
9.2 We reserve the right to change any advertised prices at any time. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
10. Delivery and Installation to Mainland UK ONLY.
We only delivery to mainland UK addresses and goods will be sent via our nominated courier service.
10.1 We endeavour to deliver within 7 working days from receipt of your order. All deliveries are subject to payment authorisation. If an item is temporarily out of stock and despatch is anticipated to be greater than 7 days, we will contact you by e-mail or telephone to arrange a new delivery date. If this is not satisfactory to you, we will offer you a refund. Once confirmed any delay in delivery of the goods will not entitle the customer to cancel the order.
10.2 If you have any questions concerning delivery please e-mail us at email@example.com or you may telephone us on 0845 130 9070 quoting your order number.
10.3 All products are subject to availability.
10.4 Whilst the Company will endeavour to meet specified dates for website/mail order deliveries these are provided as an estimate and times provided shall not be made of the fundamental nature by notice.
10.5 Delivery of capital equipment, refrigeration, glasswashers, dishwashers and other large pieces of equipment are quoted for delivery to the door, ground floor only. The customer accepts complete responsibility for transporting the product from the point of delivery to the customers required location. Therefore the customer needs to ensure that all products will fit through doorways and onto the premises. The Company will not accept responsibility for items delivered that will not fit through doorways and any carriage charges incurred by aborted deliveries are the customers responsibility.
10.6 The Company does not include installation of the products purchased by the customer within the price quoted and accepted. All installation work will be quoted separately.
10.7 The customer must make available a representative to accept and sign for the delivery. As such any signature taken in accepting the delivery is binding.
10.8 Subject to the other provisions of these conditions the Company will not be liable for any direct, indirect or consequential loss, all terms to include without limitation loss of profit, loss of business and depletion of goodwill and costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods ordered.
10.9 The Company reserves the right to supply the products ordered in partial deliveries when required. On delivery and regardless of quantity or completion of order all risk in connection with the goods shall pass to the customer.
10.10 Prices for products quoted do not include any amounts for electrical wiring, plumbing, building works or any other potentially incurred cost not specifically mentioned in the quotation or product description.
11. Money-back guarantee
Under our 7-day money back guarantee, if for any reason you are not entirely satisfied with your purchase, we will give you a full refund provided that goods are returned to us in the condition sent, by (Royal Mail delivery), within 7 days of you having received them.
12. Returning goods.
For the avoidance of doubt goods are not supplied on a sale or return basis.
You MUST obtain a Goods Return Authorisation Number ‘RAGM’ from us BEFORE returning the goods. To obtain a RAGM from us please call 0845 130 9070. The RAGM must be clearly visible on the outside of the return packaging.
12.1 Please note we do not carry costs for returns. All returned items should be returned unused, and with all fittings and guarantees enclosed. The Company reserves the right to impose an administration charge on all products returned. The Company also reserves the right to impose a restocking fee for large items returned.
12.2 All returned items should be unused in original packaging, and include all fittings & parts intact and unused. We reserve the right to make a charge back to the customer if returned goods come back to us damaged in transit, due to non-compliance.
13. Goods delivered, damaged or faulty
13.1 Please examine the goods on delivery in case they are damaged or faulty. If you inform us in writing within 48 hours of delivery that the goods are delivered damaged or faulty we will generally replace them on site. Our carriers Terms & Conditions bind us to 48 hours for breakages.. As such if no notification is received the buyer shall be deemed to accept the goods as having been delivered in all respects in accordance with contract and shall have no further right to reject the goods or recover any compensation thereafter. All notifications need to specify the alleged defects and provide the seller with reasonable opportunity of inspecting the goods in question. Damaged goods must be retained for inspection. Please retain all packaging materials and receipts. In all instances the courier delivery notification must be signed at the point of delivery to indicate any potential damages. Failure to comply will make all claims invalid.
13.2 If you do not inform us within 48 hours we shall have no liability for goods said to be damaged on delivery. Our carriers Terms & Conditions to 48 hours for breakages bind us.
13.3 The quantity of product consigned and as recorded by the Company at the point of dispatch shall be conclusive evidence of the quantity received by the customer on delivery and will not be disputed by the customer unless the customer can provide conclusive evidence to support the claim of non-delivery.
13.4 The limit of the Sellers liability hereunder for any breach of the terms of this contract whether as damages or otherwise shall be the total price in the Buyers premises of undelivered, defective or rejected goods. The Sellers shall not be liable for any loss or damage whatsoever direct indirect or consequential of whatever nature arising out of any defect in any goods sold unless such loss or damage is caused by the negligent act or omission or wilful default of the Sellers.
13.5 If the Buyers do not receive any invoiced goods within 7 days of invoice they shall immediately notify in writing the Sellers of such non-receipt. Should the Buyers fail to do notify the Sellers the Sellers shall not be liable for non-delivery of the goods and the Buyers shall be liable to the Sellers for any loss or damage they may suffer in consequence of their resultant omission to notify their carriers or insurers of the non-arrival of the goods.
13.6 The Sellers shall have no liability to the event on non-delivery or delay in the delivery of the whole or any portion of the Goods caused directly or indirectly by Act of God elements, war, act of Government, strikes or lockouts, fire, flood, breakdown of machinery, non-delivery or delay in delivery by the Sellers suppliers or the goods or materials required therefore failure of the Sellers contractors to execute or their delay in executing any work on the Goods or any other cause (whether or not ejusdem generis to the foregoing) beyond the Sellers control.
13.7 In the case of Goods ordered by the Buyers to be delivered when required by the Buyers, such Goods must be delivered within 3 months after the date of the Sellers Confirmation of Order failing which the Sellers may cancel the undelivered portion of the Contract by notice in writing.
13.7 Delivery dates in any contract are not essential and the seller shall be entitled to delivery within 90 days after such dates.
This does not affect your statutory rights.
14. On-line payment by all the major credit and debit cards.
We accept on-line payment with all the major credit and debit cards, including Visa, MasterCard, Delta and Switch. We also accept all credit and debit cards carrying the MasterCard or Visa logos.
15. Payment by other methods
Please call our sales office on 0845 130 9070 where we will be pleased to discuss other payment methods
16. Product Specifications
16.1 Images on our website do not show the actual size of items. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
For the avoidance of doubt the samples measurements dimensions and weights contained in the Sellers catalogues, price lists, websites, quotations and tenders constitute only an approximate guide. The Sellers reserve the right to make any changes, which they in their absolute discretion consider necessary.
16.2 Sometimes our product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 7-day money back guarantee.
16.3 If any goods sold shall have been subjected to any process of manufacture after delivery by the Buyers then the Buyers shall be deemed to have accepted such goods as being in all respects in accordance with contract.
17. Your personal details
We have a privacy statement for all clients. All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation. We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.
18. Use of our site
18.1 To the fullest extent permitted at law, we are providing this site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, prices, materials or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose.
18.2 Except as specifically stated on this site, to the fullest extent permitted at law, neither we, nor any of our affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, we do not limit our liability for death or personal injury to the extent only that it arises as a result of the negligence of us, our affiliates, directors, employees or other representatives.
We disclaim all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. (Please note that your statutory rights are unaffected)
19.1 In no event shall we be liable for any damages whatsoever, and in particular we shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use arising out of use of this website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.
19.2 Advice received or gleaned from this website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advise tailored to your requirements.
19.3 We grant access to the pages contained herein upon condition that the visitor or viewer accepts the jurisdiction of the courts and laws of England to govern matters between us in relation to these shopping terms.
20. Governing law and jurisdiction
20.1 This contract is subject to the law of England. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable.
20.2 Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England under English Law.
These terms and conditions are subject to change at any time without prior notice to you.
The Company owns the trademark, logo, graphics and devices "Grey Simmonds Limited". Within this website other devices, logo’s and company names may appear that are trademarks or registered and unregistered trademarks of these company’s.
All website design, text, images, devices, graphics, symbols featured within this website the selection and arrangement thereof, all software design and applications, underlying source code, software and all other material content on this site remain the property of the Company. All Rights Reserved.
24. Force Majeure
In the event that the Company should be delayed and/or prevented from performing its obligations due to circumstances of force majeure, including Acts of God, War, Riot, Civil Commotion, unrest, Government Restriction, Fire, Flood, this list not being exhaustive, the subject to the Company having notified the Customer of the occurrence as soon as reasonably possible, such obligations shall be suspended for the duration of the occurrence.
25. Risk and Title
25.1 On delivery, risk shall pass to the Customer so that the Customer is responsible for all loss, damage and/or deterioration to the goods. The Customers agrees to insure the goods against loss and damage accordingly and in the event of such loss or damage hold the proceeds of such insurance in trust for the Company. Title to the goods shall only pass to the customer upon the happening of any one of the following events: the Customer has paid to the Company all sums and payable by it to the Company under this contract and all other contracts between the Company and the Customer concluded prior hereto or when the Company serves on the Customer notice in writing specifying that title in the goods or such part thereof has passed.
25.2 The Company may recover goods in respect of which title has not passed to the Customer at any time and the Customer hereby licenses the Company, its officers, employees and agents to enter upon any premises of the Customer for the purpose either to satisfy itself that the Customer has stored the goods separately from other goods and shall ensure that they are clearly identifiable as belonging to the Company or of recovering any goods in respect of which title has not passed to the customer.
25.3 Until title to the goods has passed to the Customer hereunder it shall posses the goods as a bailee of the Company on the terms of this contract. If the Company so required in the event that the Customer fails to pay for the goods supplied under the contract in full, the Company reserves the right to apply a rental agreement to all outstanding goods to which title has not been passed. The amount of rental will be determined by the nature of the goods supplied, the amount and period of rental being determined by this value.
25.4 It is declared for the avoidance of doubt without prejudice that the Sellers may recover the Goods and payment shall become due if;
(a) The Buyers do or fail to do anything which would entitle a Receiver to take possession of any of their assets or which would entitle any person to present a petition to wind up the Buyers; and/or
(b) The buyers pass any resolution to wind themselves up or publish a notice convening a meeting of the creditors pursuant to section 293 of the Companies Act 1948 or any statutory modification or replacement there of; and or.
(c) The Buyers if an individual commit an available act of bankruptcy or enter into any arrangement for the benefit of their creditors generally.
(d) The Buyers may admix the goods with other property not belonging to the Sellers. However if goods the property of the Sellers are admixed with goods the property of the Buyers or are processed with or incorporated with or incorporated therein the product thereof shall become and/or shall be deemed to be the sole and exclusive property of the Sellers. If goods the property of the Sellers are admixed with Goods the property of any person other than the Buyers or are processed with or incorporated therein the product thereof shall become or shall be deemed to be owned in common with that other person. The provisions of Paragraph 16.3 hereof shall apply mutatis mutandis to the proceeds of sale of any product referred to.
25.5 Each of the preceding Clauses and sub-paragraphs shall be construed and shall take effect separately and in the event of one or more such Clauses or sub-paragraphs being held ineffective this shall not affect the validity of the remaining Clauses or Sub-paragraphs.
a) If the Buyers become insolvent or are subject to receiving Order or being a Limited Company pass into liquidation (except for the purposes of reconstruction or amalgamation) the contract shall thereupon determine without prejudice to the Sellers right to payment of the price of delivered goods and damages they might suffer in consequence of such determination notwithstanding that such determination may have been implemented by the Sellers. In any event clause 25.3 will always apply.
b) The rights of the Sellers shall not be prejudice or restricted by any indulgence or forbearance extended to Buyers and no waiver of any breach shall operate as a waiver of any subsequent breach.
c) The Buyers shall not assign their rights hereunder without the prior written consent of the Sellers.
d) This contract shall be construed in accordance with the Laws of England and the Courts of England shall have jurisdiction there over.
e) No variation of these forms shall bind the Sellers unless the Sellers in writing under the hand of Director of Sellers confirm it and in particular no Agent of the Sellers shall have power to vary these Conditions unless such variation is confirmed as aforesaid.
f) The Buyers hereby agree that if any of the above terms or conditions conflict with any term or condition or provision in the Buyers Conditions of Purchase (if any) the Sellers Conditions of Sale shall prevail in the event of any dispute unless otherwise specifically agreed hereafter in writing.
26. Each delivery shall operate as a separate contract. Should the Buyers fail to pay on the due date the price of any delivery the Sellers shall be entitled to suspend further deliveries until payment or to vary by notice in writing of immediate effect the terms if any as to credit specified in the contract or in any other contract subsisting between the Sellers and the Buyers or any company associated with or subsidiary thereto in such manner as they may in their absolute discretion determine or to treat the contract as wrongfully repudiated by the Buyers without prejudice to their right to payment for any goods delivered and to damages for the Buyers breach of contract. The Sellers shall be entitled to interest on any unpaid purchase price from due date until payment at the rate of 3% per annum above the National Westminster Bank PLC base rate.
We use the information from our customers and visitors to improve our online service for you. We respect your privacy and we take it very seriously.
What do we collect and how do we use this information?
Information is only collected when you place an order, or enter an on-line competition and it includes some related personal details including your name, postal address, email address, and telephone number. This enables us to respond quickly to your orders, provides us with a delivery address where appropriate, as well as helping us to develop and improve our site in order to provide a better service.
Credit card and payment details collected when placing orders are specific Information enabling us to process your order. These are used for accounting and payment purposes only.
Certain information about the user, such as IP addresses, navigation through site, software used, time spent and other similar information, may be stored on our servers in small data pieces known as "cookies," which may also be written to a User's computer system. These cookies will not specifically identify the User. The information will be used internally only for web site traffic analysis. If the User specifically provides unique identifying information, such as name, address and other information on forms stored on this site, such information will only be used for statistical purposes and will not be published for general access. However, we assume no responsibility for the security of this information.
In addition, we also record your IP address, which is the Internet address of your computer, and information such as your browser type and operating system. This information helps us learn about the geographical distribution of our website visitors and the technology they use to access our site. This information is never connected with the personal information you supply to us if you register on our website.
Security of information
We employ a range of technologies to protect the information maintained on our systems from loss, misuse, unauthorized access or disclosure, alteration, or destruction. We do not share the information we collect with any other organisations.
We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of any orders and payments secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.