Terms & Conditions
TERMS AND CONDITIONS OF SALE
1. Application of Conditions.
Unless otherwise agreed in writing by Boostchoice Ltd trading as Parsley in Time (hereafter referred to as us, we or our) these terms and conditions of sale apply to all contracts after July 2024 between us and our customers and shall override any terms stipulated, incorporated or referred to by customers.
2. Representations.
We shall not be bound by any oral condition, warranty, guarantee or representation made or purported to be made on our behalf unless the same be in writing.
3. Description and illustrations of goods.
All descriptions and illustrations contained in any of our advertising or sales literature are intended for information only and accordingly none of such particulars shall form part of any contract between us and a customer; and without derogation from the generality of clause 9 of these terms and conditions of sale the customer is solely responsible to his customer for advice about selection, suitability, care and maintenance of any goods supplied by us.
4. Prices and Specifications
We shall be entitled to invoice goods at the prices ruling at the date of despatch including any applicable taxes or charges that we are obliged to charge by law (whether or not included in any quotation or invoice) at the appropriate rate determined by law.
Sizes capacities and colours are descriptive only but are accurate within the normal standards applicable in the industries.
5. Passing of Risk
The risk in the goods contracted to be sold by us shall pass to the customer when the goods are delivered to the customer.
6. Passing of Property
Notwithstanding the preceding clause the property in and title to the goods contracted to be sold by us shall only pass when payment in full has been made for such goods.
7. Terms of Payment
Payment of the price or any other sum payable to us by a customer shall be made in accordance with the payment terms on the sales invoice. In the event payment is not made within the time period of the credit terms granted by us we reserve the right, at our discretion, to charge interest at 8% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
8. Complaints following Delivery
The customer shall immediately on their arrival unpack and inspect the goods and shall within three working days of delivery give notice in writing to us of any matter or thing by reason whereof it is alleged that the goods are not in accordance with the contract. If the customer shall fail to give such notice, we shall be entitled to assume that the goods are in all respects in accordance with the contract and the customer shall be bound to accept and pay for the same accordingly. If the customer shall make any complaint within the time stipulated we shall after we have had a reasonable time to investigate the same be entitled at our option:
(a) To replace the goods (if defective) or
(b) To accept the return of the goods (if defective) and credit the customer with the price thereof. Returned goods will only be accepted where we have issued a Customer Returns Note; or
(c) To make the customer (if the goods are defective) an allowance or payment representing the difference between the value of the goods at the time of the complaint by the customer and the value they would have had if they had been in accordance with the contract. We do not replace, accept the return of, or make allowance in respect of “job” goods, cartoned glass, or cases.
9. Limitation of Liability
The customer agrees that we will not be liable for any losses or damage suffered by the customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption due to goods or services supplied by us to the customer.
We will not be liable for any additional damage caused by the customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the goods for repair or servicing or engineer visits.
Nothing in these terms and conditions of sale shall exclude any statutory liabilities.
10. Cancellation and Resale
Should the customer purport to cancel any contract , then (without prejudice to any other rights against the customer) we shall be entitled to resell the goods without any notice whatsoever and shall be entitled to recover our loss and expenses from the customer.
11. Insolvency
If the customer, being an individual, shall at any time become bankrupt or shall have a receiving order or administration order made against the individual or shall make any composition or arrangement with the individuals creditors or, being a company, shall enter into liquidation, have a winding-up order made against it or have appointed a receiver of its assets income or any part thereof we shall be entitled forthwith to determine any contract then subsisting by giving written notice to the customers’ last known address. Any such goods then in the possession of the customer (if not paid for in full) shall forthwith be returned to us or (at our option) made available for collection by us and we shall have the right to enter on the premises of the customer to collect such goods.
12. Force Majeure
If the performance of any contract between us and a customer shall be rendered impossible or affected in consequence of any inability to secure labour materials or supplies, act of God, war, riot or civil commotion, strike, lock-out, fire, flood, drought, act of government or other causes (whether or not similar in kind to all or any of the foregoing) beyond our control, we shall be entitled (without prejudice to any of our other rights against the customer) by notice in writing to rescind the contract or to elect to impose such variation in the contract as may in our opinion be necessary.
13. Legal Costs
We reserve the right to charge and recover from our customer any reasonable legal or other costs incurred in collecting outstanding accounts.
14. Time Constraints
Parsley In Time will endeavour to deliver all goods as per the estimated lead times advised. However, Parsley in Time cannot be held responsible for delays passed on to us from manufacturers.
15. Data Protection
The customer's data will never be shared by Parsley in Time and are securely stored as per our privacy policy. For details of our privacy policy, please get in touch via the contact us page.
16. Restricted Orders
Customers placing orders for age restricted goods (such as knives) confirm that they are over 18 years of age and upon delivery they will be signed for by a person over the age of 18.
17. General
a) No forbearance or indulgence on our part in enforcing these terms and conditions shall prejudice our strict rights under these conditions nor shall it be construed as a waiver of such rights.
b) If any of these Conditions is rendered or held to be void or unenforceable in whole or in part, then it shall be unenforceable only to the extent that it is shown that it would not be lawful, fair or reasonable to allow reliance upon it and the remaining terms and conditions shall remain in full force and effect.
c) The headings in these Terms and Conditions of Sale are included for convenience only and shall not in anyway affect their interpretation.
