Delivery Terms and Conditions
Retention of Title
All goods remain the property of Michaels Wholesale Foods Ltd until paid for in full.
Prices
Prices are correct at time of going to press, but due to market and currency fluctuations all
prices are subject to change without notice. Customers placing their orders by ‘phone will be
informed of price changes (up or down), and any changes since the last published price list will
be indicated on the invoice by prefacing the product description with either “UP!” or “DOWN!”
Payment
Payment for goods is due on delivery unless otherwise agreed. No deductions may be made
from payment for an invoice unless a credit note has been received. In the event of a cheque
being represented, a charge of £10 will be made for each representation. Cheques returned to
us will incur a further £10 charge and all future business will be conducted on a strictly CASH
basis.
We can now accept only debit card payments. Credit cards are NOT acceptable.
Credit account customers’ terms are 30 days strict from date of invoice, unless otherwise stated.
Should the Customer not remit within the stated credit terms, the Company reserves the right
to remove the credit status on the account, rendering all invoices as being due and
immediately payable. In the event of the Company having to employ the services of our
appointed legal agents, CRS Legal to collect any overdue monies, the Company in addition to
its statutory rights, will invoice the customer an amount of 10% of any overdue balance sent for
collection. Interest will be charged at 8% over Bank of England Base Rate.
Customers who choose to order goods, take delivery and not be available to sign the delivery
note agree to take responsibility for payment in full of the invoice unless any shortages prove to
be the fault of Michaels Wholesale Foods Ltd, when a credit note will be issued.
Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to
be the subject of a separate contract and any failure whatsoever by the seller in respect of any
one delivery shall not entitle the buyer to repudiate the contract or any instalments remaining
to be delivered thereunder.
Data Protection Act 2018
The Data Protection Act 2018 supplements the General Data Protection Regulations all rights
and privileges relating to processing of personal data remain unchanged in relation to this
act.
Michaels Wholesale Foods Ltd identifies the legal basis for processing personal data before
any processing operations take place by clearly establishing, defining and documenting:
The specific purpose of processing the personal data and the legal basis to process the data
under:
1) Consent obtained from the data subject;
2) Performance of a contract where the data subject is a party;
3) Legal obligation that Michaels Wholesale Foods Ltd is required to meet;
4) Protect the vital interests of the data subject, including the protection of rights and
freedoms;
5) Official authority of Michaels Wholesale Foods Ltd or to carry out the processing that
is in the public interest;
6) Necessary for the legitimate interests of the data controller or third party, unless the
processing is overridden by the vital interests, including rights and freedoms;
7) National law.
Michaels Wholesale Foods Limited does NOT process any data under the special categories
sections of the GDPR.
Consent:
Michaels Wholesale Foods Ltd defines consent as “any freely given, specific, informed and
unambiguous indication by the data subject’s wishes by which he or she, by a statement or by
clear affirmative action, signifies agreement to the processing of personal data relating to him
or her”.
You may withdraw your consent at any time.
Your rights as a data subject:
At any point while we are in possession of or processing your personal data, you, the data
subject, have the following rights:
• Right of access – you have the right to request a copy of the information that we hold about
you.
• Right of rectification – you have a right to correct data that we hold about you that is
inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to
be erased from our records.
• Right to restriction of processing – where certain conditions apply you have a right to restrict
the processing.
• Right of portability – you have the right to have the data we hold about you transferred to
another organisation.
• Right to object – you have the right to object to certain types of processing such as direct
marketing.
• Right to object to automated processing, including profiling – you also have the right to be
subject to the legal effects of automated processing or profiling.
• Right to judicial review: in the event that Michaels Wholesale Foods Ltd refuses your request
under rights of access, we will provide you with a reason as to why. You have the right to
complain as outlined below.
Complaints:
In the event that you wish to make a complaint about how your personal data is being
processed by Michaels Wholesale Foods Ltd or how your complaint has been handled, you have
the right to lodge a complaint directly with the supervisory authority www.ICO.gov.uk and
Michaels Wholesale Foods Ltd data protection representatives.
Third Parties:
Partners and any third parties working with or for Michaels Wholesale Foods Ltd, and who have
or may have access to personal data, will be expected to have read, understood and to comply
with our policies. No third party may access personal data held by Michaels Wholesale Foods
Ltd without having first entered into a data confidentiality agreement, which imposes on the
third party obligations no less onerous than those to which Michaels Wholesale Foods Ltd is
committed, and which gives Michaels Wholesale Foods Ltd the right to audit compliance with
the agreement.
For a full description of your rights and our data protection policies please visit our website
www.michaelswholefoods.co.uk.
Discounts
A discount is offered to those customers who pay the driver on delivery. Otherwise prices are
nett. Discount will not apply to orders falling below the minimum order threshold for your area
3% discount on orders over £125
4% discount on orders over £300
5% discount on orders over £600
6% discount on orders over £1,000
Any five (5) cases of a single bulk item qualifies for 10% discount (nett) Any account that falls
into arrears will be put on hold, and discounts on any outstanding invoice(s) will be lost.
London Congestion Charge
Deliveries into the London Congestion Charge area that fall below £250 + v.a.t. will be made by
courier, with the delivery charge passed on to the customer at cost.
Fitness For Purpose
It is the customer’s responsibility to ensure that the goods being purchased are fit for their
intended use – Michaels Wholesale Foods Ltd will accept no responsibility for goods purchased
unchecked.
Completion of Customer’s Paperwork
Michael’s Wholesale Foods Ltd will supply ingredient listings, product specifications and
certificates of analysis upon request as required by UK food law. If a customer requires
completion of their own documentation then an administration fee of £50.00 per product line
will be levied.
Returns
Should there be any problems regarding the quality of goods supplied, please advise our sales
office within 7 days of delivery so that we can authorise collection for credit as applicable.
Likewise, any shortages must be advised within 3 days of delivery.
Incorrectly delivered items may be returned with the driver, who will issue a goods returned
note as a receipt – No deduction should be made from the invoice as a credit note (that
correctly takes into account the appropriate level of discount) will be issued once the goods are
received at our warehouse.
Out of Stocks
All orders are accepted subject to availability. We do not notify of goods out of stock unless a
specific request is made, with over 10,000 product lines it’s difficult (verging on impossible) to
keep on top of all of them. If you request to be notified of any shortages, we can phone, once
your order is picked and ready for loading. i.e. late afternoon of the day before your delivery.
We do not back-order shortages, they must be re-ordered and will be subject to the normal
minimum order requirements for free delivery. No liability is accepted for losses incurred due to
non-delivery of any item(s) for any reason.
Minimum Orders
We operate a minimum order system for free delivery, by area. Please refer to the map overleaf
for details. Orders within our delivery area falling below the threshold will, at our discretion,
incur a delivery charge of 10% of the minimum order charge for that area, or be sent by carrier
(charged at cost).
TO SIMPLIFY MATTERS REGARDING MINIMUM ORDER LEVELS WE NOW WORK BY POSTCODE,
THE FIRST LETTER(S) OF YOUR POSTCODE WILL DETERMINE YOUR MINIMUM ORDER FOR
FREE DELIVERY
Split Cases
We will happily split cases at no extra charge, in the following manner only; cases of 20 or more
– splits of halves or quarters, cases of 15 – splits of thirds, cases of 10 or 12 – half cases only. Splits
of other quantities will be subject to a swinging 20% surcharge. We cannot split cases of
special order items.
Items returned without good cause will be accepted with a handling charge of 10%, and, (if
pre-packs), our packing and labelling cost (Circa 25-30p per bag)
We cannot give credits for goods not returned to us. We will not give credit for returned
goods that are price marked or defaced. Our drivers will not collect goods without
authorisation. Special orders are NON-RETURNABLE
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Carrier Deliveries
We often send orders that fall below free delivery minimum order requirement to customers
by carrier. The charge is £7.12+v.a.t. for up to 20kg and 28p per kilo thereafter, up to 100kg.
Please allow at least 48 hours from order time to delivery
Office Hours
Our Sales Office is open from 8.30 a.m. to 4.00 p.m. Monday to Thursday, and 8.30 a.m. to 1.00
p.m. Friday. Outside these hours you can fax us on 01843 604603. Sometimes, due to sheer
number of calls, we can’t answer all of them; you will then get the dreaded machine – only
leave your name and number or a brief message. Even with the advances in technology, it’s
still not clear enough to dictate an order to.
Care; Storage of Food
General rule of thumb for all our products: keep in a cool, dry place, not in direct contact with
the floor. Use oldest stock first.
Grains; Grain Products are susceptible to infestation and are best bought regularly, but if
stored well can be kept up to a year.
Nuts and Seeds need to be kept cold, as they can suffer from infestation and rancidity. Brazils,
Cashews, Coconut, Pinenuts and all roasted nuts should be kept airtight.
Dried Fruit normally stores well for up to 6 months, but the fruit sugars are liable to crystallise,
particularly in Figs. The fruit is still perfectly useable when this occurs. Keep fruit dry, as
moisture encourages fermentation.
Oil tends to go cloudy when cold, especially Olive Oil. This will clear when returned to normal
room temperatures. Honey is the one foodstuff on the planet that does not spoil with age.
Stocks should still be rotated, as it crystallises and hardens after a few months.
Infestation If infestation occurs, immediately place the goods in a deep freeze for 7 days. This
will kill the infestation and prevent contamination of other goods. Should more general
infestation occur on your premises we advise immediate consultation with a specialist pest
control agency.