TERMS AND CONDITIONS OF TRADE

1. DEFINITIONS

  • “Company” means I-TEM GROUP LTD (trading as i-tem).
  • “Customer” means the purchaser of goods or services from the Company.
  • “Goods” means the products supplied by the Company.
  • “Contract” means any agreement for the supply of Goods between the Company and the Customer.

2. BASIS OF SALE

  • All orders are accepted subject to these Terms, which take precedence over any terms proposed by the Customer unless agreed in writing by a Company Director.
    No variation of these Terms is binding unless confirmed in writing by the Company.

3. ORDERS AND ACCEPTANCE

  • Orders must be submitted by email, through the Company’s online platform, or as otherwise agreed.
    The Company reserves the right to decline any order without liability.
    Minimum order values may apply as notified to the Customer.

4. PRICES

  • Prices are inclusive of VAT unless stated otherwise.
  • Prices are subject to change without notice but confirmed at the time of order acceptance.
  • Promotional prices are valid only within stated timeframes.

5. PAYMENT TERMS

  • Standard terms: 30 days end of month, unless otherwise agreed in writing.
  • Payment must be made in GBP, by bank transfer or other approved method.
  • The Company may suspend or withdraw credit facilities at any time.
  • Interest is charged on overdue accounts in accordance with the Late Payment of
  • Commercial Debts (Interest) Act 1998 (currently 8% above Bank of England base rate, plus reasonable recovery costs).

6. DELIVERY

  • Delivery dates/times are estimates only; the Company is not liable for delays outside its reasonable control.
  • Delivery is to kerbside unless otherwise agreed. Customers must provide safe access for vehicles.
  • Risk in the Goods passes to the Customer upon delivery.
    The Company may charge redelivery fees if the Customer is unavailable to receive delivery.

7. TITLE (RETENTION OF OWNERSHIP)

  • Title to the Goods remains with the Company until payment is received in full.
  • Until title passes, the Customer must hold the Goods separately, clearly marked as the property of the Company, and not charge or encumber them.
  • The Company may repossess Goods if payment is not received by the due date.

8. INSPECTION AND RETURNS

  • Customers must inspect Goods upon delivery. Any shortages, damages, or discrepancies must be reported within 24 hours of delivery.
    Returns are accepted only if authorised in writing by the Company and in accordance with the Company’s Returned Goods Handling Procedure.
    Perishable items, frozen/refrigerated products, and alcohol cannot be returned unless defective.

9. PRODUCT RECALL

  • The Customer agrees to co-operate fully with any product recall initiated by the Company in accordance with its Product Recall Procedure.

10. LIABILITY

  • The Company’s liability is limited to the replacement value of the Goods supplied.
    The Company is not liable for indirect, consequential, or business interruption losses.
    Nothing in these Terms excludes liability for death or personal injury caused by negligence, or any other liability which cannot be excluded by law.

11. COMPLIANCE AND RESPONSIBILITIES

  • The Customer warrants that it holds all necessary licences, permits, and approvals (e.g. alcohol wholesale, premises licence) to purchase and resell Goods.
    The Customer must comply with all applicable laws, including Food Safety Act 1990, Consumer Rights Act 2015, and alcohol licensing laws.
    The Company may refuse supply if the Customer fails to demonstrate compliance.

12. DATA PROTECTION

  • Customer data is processed in accordance with the Company’s Data Protection Policy.
    Data may be used for credit referencing and account management.

13. FORCE MAJEURE

  • The Company is not liable for failure to perform where caused by events beyond its reasonable control (e.g. strikes, natural disasters, pandemics, transport failures).

14. TERMINATION

  • The Company may terminate credit facilities immediately if the Customer becomes insolvent, exceeds credit limits, or breaches these Terms.
    Termination does not relieve the Customer of its obligation to pay outstanding invoices.

15. GOVERNING LAW

  • These Terms are governed by and construed in accordance with the laws of England and Wales.
    Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.