Terms and Conditions
The website http://squeezed.co.uk is operated by Squeezed Limited, of office address Unit 42 Bradley Court, Bradley Fold Trading Estate, Bolton, England, BL2 6RT.
Please take the time to review the following terms and conditions, as by using this website, you agree to be bound to the terms therein. If you do not agree with the Terms of Service, then you should not access the website or use the online shop, instead you should contact us on info@squeezed.co.uk.
If we choose to add any new features or tools to this website, and/or online or trade shop, these shall also be subject to the Terms of Service. We reserve the right to change or replace parts of these Terms of Service, it is incumbent on the site visitor to check this page for any changes.
Regarding the jurisdiction presiding over this website, the Terms and Conditions and any purchase or contract entered into as a result of using this website is governed by UK law.
By using this site, you must confirm that you are at least of minimum legal drinking age.
PURCHASE AND DELIVERY OR PRODUCTS
Online shop:
We must receive full payment upfront for the price of the goods before your order will be processed. Once payment is received, we will confirm your order acceptance by sending a notification to the email address you have provided to us.
Our standard online shop delivery is 2-4 working days. We will aim to process orders within 24 hours, we ship on weekdays only. The delivery service is Tracked with notification to the recipient.
Currently, we only ship to addresses in the United Kingdom.
All orders are subject to stock availability. We will let you know and refund you as soon as possible if your order items are not available.
If received goods arrive damaged, please provide photo evidence to this effect within 5 days. Please return the goods within 14 days in the original packaging and you will receive a full refund.
Trade Orders:
The Supplier shall ensure that each delivery of the product is accompanied by a delivery note with quantities ordered and delivered to the specified location.
Any dates quoted for delivery are approximate only. The Supplier shall not be liable for any delay in delivery of the product that is caused by a Force Majeure Event or any Customer Default including the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Services.
If the Customer fails to take delivery of the product on the date that delivery is attempted by the Supplier (or any haulier appointed by it) or (where the Supplier has agreed in writing that the Customer may collect the product) fails to collect the product within 24 hours of the Supplier notifying the Customer that the product is ready then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract, the Supplier shall store the product until delivery or collection (as appropriate) takes place and shall charge the Customer for all related costs and expenses (including redelivery charges, insurance and all other charges incurred by the Supplier on account of the Customer’s failure to receive the delivery or collect the product, as applicable). Without prejudice to the generality of the foregoing, the Customer shall be required to pay not less than £2 per week per pallet stored by the Supplier, with a minimum charge of one months’ storage fees regardless of the amount of time that the product is actually stored by the Supplier. Such fees shall be payable on demand by the Supplier.
If the Customer fails to collect or take delivery of the product within 15 Business Days of the Supplier notifying the Customer that the product is ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract, the Supplier shall be entitled to keep and resell the product . The exercise by the Supplier of its rights under this agreement shall not relieve the Customer of its obligation to make payment for the Services.
For the vast majority of trade purchases, the quoted price will include duty paid. In exceptional cases where the customer can prove they are fully bonded, the Supplier shall supply the goods with duty suspended.
The Customer shall indemnify the Supplier against all losses, liabilities, costs and expenses (including but not limited to legal and other professional fees) suffered or incurred by the Supplier in connection with any breach by the Customer in connection with duty payable on the product.
The Supplier does not deliver product to any locations outside of England and Wales and the Customer shall be responsible for making its own transport arrangements in relation to any other territories.
CHARGES AND PAYMENT
Unless otherwise agreed in writing, the Customer shall pay each invoice submitted by the Supplier:
(a) within 10 days of the date of the invoice; and
(b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.
For the avoidance of doubt, unless otherwise agreed in writing, the Supplier shall not be required to release the product to the Customer or deliver the product to the Customer (as applicable) until the Charges, transport costs and the costs for Packaging Materials (where applicable) have been paid by the Customer.
All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay penalties and interest on the overdue amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount. The Supplier reserves the right to claim all costs (including but not limited to legal and other professional costs and debt collection agency fees, charges and other costs) incurred in recovering the debt.
The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
LIMITATION OF LIABILITY
Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
The Supplier shall under no circumstances whatever be liable to the Customer for any loss of or damage to or mis-delivery of the product and/or the Customer’s packaging materials whilst in transit where such transportation has been arranged by the Customer.
Where the Supplier has arranged and contracted for the transportation of the product, and/ or the Customer’s packaging materials via a third party haulier then its liability for mis delivery, loss of or damage to the product and/or the Customer’s packaging materials shall be limited to the amount it is able to recover (using reasonable commercial endeavours only) from the relevant haulier under its terms.
The Customer agrees acknowledges and accepts that:
(a) it shall comply with its relevant obligations as the “Customer” under the haulier’s Conditions of Carriage;
(b) it is responsible for ensuring that it notifies the Supplier of any non-delivery, mis-delivery or damage in transit within the earlier of 2 (two) Business Days and the time limits for bringing a claim against the relevant haulier;
(c) it shall not be entitled to suspend or withhold payment of any sums due to the Supplier by reason of any default by a haulier or whilst the Supplier pursues any claim against the haulier and the Supplier may suspend the pursuance of any claim against the haulier whilst any amounts owing by the Customer remain unpaid;
(d) any amounts recovered from a haulier by the Supplier may be retained by the Supplier and applied against any sums due from the Customer to the Supplier;
(e) it has been provided with a copy of the haulier’s Conditions of Carriage including by provision on the Supplier’s website, and accepts the limit of liability and the amounts that the Supplier may be able to recover from the haulier; and
Under no circumstances whatever shall the Supplier be liable for any amount in excess of the cost price of the product and the Customer’s packaging materials where any such items have been lost, damaged, mis-delivered or are otherwise unsaleable as a result of the Supplier’s breach of its obligations under the Contract.
Furthermore:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(i) loss of profit;
(ii) loss of goodwill;
(iii) loss of business;
(iv) loss of business opportunity;
(v) loss of anticipated saving;
(vi) loss or corruption of data or information; or
(vii) special, indirect or consequential damage arising under or in connection with the Contract; and
(b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the Charges payable by the Customer under the Order to which the claim or liability relates.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
TERMINATION
Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
(c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(e) the other party (being an individual) is the subject of a bankruptcy petition order;
(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
(h) the holder of a qualifying floating charge over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(j) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in the above clauses b) to i)
(k) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;
(l) the other party’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfill its obligations under the Contract has been placed in jeopardy; or
(m) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment and fails to pay all outstanding amounts within 30 days after being notified in writing to do so.
Without limiting its other rights or remedies, the Supplier may suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed above (a) to (m), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
CONSEQUENCES OF TERMINATION
On termination of the Contract for any reason:
(a) the Customer shall immediately pay to the Supplier all of the outstanding unpaid invoices and interest of the Supplier and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the Customer shall return any product which has not been fully paid for. If the Customer fails to do so, then the Supplier may enter the premises of the Customer and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(d) clauses which expressly or by implication survive termination shall continue in full force and effect.
FORCE MAJEURE
For the purposes of this Contract, “Force Majeure Event” means an event beyond the reasonable control of the Supplier including but not limited to epidemic or pandemic disease (including but not limited to COVID 19) as well as any law, governmental order, rule, regulation, direction, curfew restriction, quarantine or other act of the competent authorities implemented to combat such pandemic diseases, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
GENERAL
Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.
Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Severance.
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Notices.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address specified; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the third Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one Business Day after transmission provided always that the sender does not recall the message or receive notification of non-delivery.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.