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These are the terms and conditions on which we supply the Goods to you (the Customer or you).
Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Application
1. We are Kinara International Ltd whose trading name is www.spartanpac.com, a company registered in England and Wales under number 11204753 whose registered office is at Churchill House, 137-139 Brent Street, Hendon, London, United Kingdom, NW4 4DJ (the Supplier or us or we). Our registered VAT number is 297519745.
2. You can contact us by telephoning our customer service team at +44 7869 892460 or by writing to us at hello@spartanpac.com.
3. If we have to contact you, we will do so by writing to you at the email address or at the postal address you provided to us in your Order or by any other electronic communication method and by ordering any of the Goods you expressly agree for us to do so. You further agree that our delivery provider may contact you using the phone number provided in your Order in order to comply with clause 38.
4. By ordering any of the Goods, you agree that you are 18 or over and can legally enter into a contract. You further agree to be bound by these Terms and Conditions.
Interpretation
5. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
6. Contract means the legally-binding agreement between you and us for the supply of the Goods;
7. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
8. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
9. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
10. Monthly Rolling Contract means a Contract which continues in perpetuity in accordance with these terms and conditions unless terminated in accordance with clause 52;
11. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
12. Pallet Delivery means an Order for Goods which requires the Goods to be delivered on a pallet;
13. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
14. Subscription means the arrangement of receiving Goods on a monthly basis in accordance with these terms and conditions;
15. Website means our website www.spartanpac.com on which the Goods are advertised.
Basis of Sale
16. The description of the Goods on our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. You will not be charged for any Goods where we reject your Order.
17. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
18. A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
19. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
21. For the avoidance of doubt, where you place an Order for a Subscription for particular Goods and you have received an Order Confirmation, the Contract formed shall be that of a Monthly Rolling Contract.
Goods
22. The description of the Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description or image of the Goods is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
23. The packaging of the Goods may vary from that shown in images on our Website.
24. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
25. We can make minor changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes and they will not affect your use of the Goods.
26. We can make more significant changes to the Goods or these terms but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Goods paid for but not received. The significant changes that we can make include:
a. Changing products with a like for like replacement
Personal information
27. We retain and use all information strictly under the Privacy Policy which can be accessed here https://www.spartanpac.com/webshop/privacy-policy.
28. We may need certain information from you so that we can supply the Goods to you, for example, Name, Invoice Address, Delivery Address etc. If so, this will have been stated in the description of the Goods on our Website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and Clause 79 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Price and Payment
29. The price of the Goods and any additional delivery or other charges are set out on the Website at the date of the Order or such other price as we may agree in writing. We take all reasonable care to ensure that the price of the Goods advised to you is correct. However, please see clause 57.b for what happens if we discover an error in the price of the Goods you order.
30. Prices and charges include VAT at the rate applicable at the time of the Order.
31. You can submit payment by one of two options:
a. You can pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods. Should you submit payment by this method, an Order will not be accepted unless your credit or debit card details have been submitted and we have had bank acceptance; or
b. You can opt to pay after submitting an Order. We will invoice you for the Goods as soon as possible after the Order Confirmation.You will then need to pay the invoice submitted by us within 7 days of the date of the invoice by following the payment options on the invoice.
32. Subject to clause 31 above, we also accept payment through certain online payment providers, notably Paypal, Klarna and Stripe. Such payments will also be subject to the terms and conditions of the respective payment provider.
33. If the Order is for a Subscription, you can choose to make a payment for a year’s Subscription in advance in accordance with clause 31 with the remainder of the Subscription being invoiced monthly in advance, or we can agree to invoice for the entirety of the Subscription on a monthly-in-advance basis. All invoices must be paid within 7 days of the date of the invoice by following the payment options on the invoice.
34. If you are a Customer that is not a Consumer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
35. We can charge interest if you opt to pay after submitting an Order and pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Delivery
36. We will deliver the Goods, to the Delivery Location by the time specified or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into, unless the Contract is for a Subscription.
37. If the Contract is for a Subscription, we will deliver the Goods to the Delivery Location by the time specified or within the agreed period, without undue delay and, in any event, you will receive one delivery of Goods per calendar month.
38. If no one is available at your address to take delivery (Failed Delivery) and the Goods cannot be posted through your letterbox, our delivery carrier may offer a rescheduling service. If the Failed Delivery is in respect of a Pallet Delivery, the delivery driver may try to contact your specified contact number. Alternatively, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
39. Pursuant to clause 38 above, if you do not re-arrange delivery or collect from a delivery depot we will contact you for further instructions. We may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 79 will apply.
40. If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
41. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
42. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
43. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and you will be liable to pay the costs of this.
44. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
45. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
46. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
Risk and Title
47. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you or when you collected the Goods from a local depot if so arranged following a Failed Delivery.
48. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by us, in which case you must return them or allow us to collect them.
Conformity
49. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
50. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
51. It is not a failure to conform if the failure has its origin in your materials.
Termination of Subscription
52. If the Contract is for a Subscription, either you or us can terminate the Contract by giving one month’s written notice to the other.
Consumer Clauses
53. The following clauses 54 to 74 only apply if you are a Consumer.
Your Rights
54. You can always end your Contract with us. Your rights as a Consumer when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
a. If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods repaired or replaced or a service re- performed or to get some or all of your money back), see “Conformity” above and “Legal rights to reject Goods” below;
b. If you want to end the Contract because of something we have done or have told you we are going to do, see “Something we have done” below;
c. If you have just changed your mind about the Goods, see “Changing your mind” below. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;
d. In all other cases (if we are not at fault and there is no right to change your mind), see “Withdrawal” below.
Legal rights to reject Goods
55. During the expected lifespan of the Goods, your legal rights entitle you to the following:
a. Up to 30 days: if your Goods are faulty, then you can get an immediate refund.
b. Up to six months: if your Goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c. Up to six years: if your Goods do not last a reasonable length of time you may be entitled to some money back.
56. If you wish to exercise your legal rights to reject Goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 7869 892460 or email us at hello@spartanpac.com for a return label or to arrange collection.
Something we have done
57. If you are ending the Contract for a reason set out at clauses 57.a to 57.e below the Contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
a. we have told you about an upcoming change to the Goods or these terms which you do not agree to (see Clause 26);
b. we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
c. there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
d. we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
e. you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see Clause 41)).
Changing your mind
58. For most Goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Withdrawal
59. Should you wish to end the Contract where we are not at fault and there is no right to change your mind (in accordance with the provisions below), you can do so by telling us before the Contract is made. You will not incur any liability for doing so.
Cancellation
60. For the purposes of this cancellation clause, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a Consumer and the Consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
61. This is a distance contract which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a Contract for the following Goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other Goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. Goods that are made to your specifications or are clearly personalised;
c. Goods which are liable to deteriorate or expire rapidly.
62. Also, the Cancellation Rights for the Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the Goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
63. Subject as stated in these Terms and Conditions, you can cancel this Contract within 14 days without giving any reason.
64. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. If this Contract is for the regular supply of Goods over time (ie Subscriptions), the right to cancel will be 14 days after the first delivery.
65. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
66. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
67. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
68. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
69. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Returning Goods
70. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Walkers Logistics – spartanpac.com, Ramsbury Rd, Lambourn Woodlands, Hungerford, RG17 7TJ without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
Timing of reimbursement
71. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
72. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
73. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Excluding and Limiting Liability
74. The Supplier does not limit or exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Excluding and Limiting Liability – for Customers who are not Consumers
75. Nothing in these terms shall limit or exclude our liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
76. Except to the extent expressly stated in “Conformity” above, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
77. Subject to clause 75:
a. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract between us; and
b. our total liability to you for all other losses arising under or in connection with the Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the maximum amount available to claim under our policy of insurance.
Our right to end the Contract
78. We may end the Contract if you break it. We may end the Contract for the Goods at any time by writing to you if:
a. you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, your address or any personalisation information; or
c. you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
79. You must compensate us if you break the Contract. If we end the Contract in the situations set out in Clause 78 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
Successors and our sub-contractors
80. We can transfer the benefit of this Contract to someone else, and will remain liable to you for our obligations under the Contract. We will be liable for the acts of any sub-contractors who we choose to help perform our duties.
81. If you are a Consumer,you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the transfer makes our obligations under the Contract more onerous or if it would cause additional cost to us.
No third party rights
82. This Contract is between you and us. No other person shall have any rights to enforce any of its terms subject to clause 80 above. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
Illegality
83. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
84. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
Governing law, jurisdiction and complaints
85. Where you are a Consumer, the Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Consumer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland, or England.
86. If you are not a Consumer, any dispute or claim arising out of or in connection with the Contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
87. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs Customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
The Schedule
Model Cancellation form for Consumers
(complete and return this form only if you wish to withdraw from the Contract)
To Kinara International Ltd, [To Kinara International Ltd, Kinara International Ltd,137-139 Brent Street, Hendon, London, United Kingdom, NW4 4DJ], [+44 7869 892460], hello@spartanpac.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate