Terms & Conditions
CLICK AND COLLECT TERMS AND CONDITIONS OF SALE
(Registered company number: 188507)
1.2. Orders placed by the Buyer through Click and Collect are deemed to be subject to the terms and conditions herein contained.
1.3. The contractual rights which the Buyer enjoys by virtue of sections 12, 13, 14 and 15 of the Sale of Products Act, 1893 (as amended) are in no way prejudiced by anything contained in these terms and conditions save (if the Buyer is not dealing as consumer or in the case of an international sale of Products) to the extent permitted by law.
1.4. The Buyer acknowledges that Orders must be collected from the Designated Depot chosen by the Buyer. Pallas Foods does not provide a delivery service for any Orders made through Click and Collect.
1.5. Words and expressions defined in the Sale of Goods Acts, 1893 and 1980 will, when used in these terms and conditions, save where the context otherwise requires, bear the same meanings as therein.
1.6. A Buyer must create an account and register with Pallas Foods by clicking “ ü Register” and by clicking “ üAccept Terms and Conditions” to place an Order. A Buyer may place an Order by clicking “ü Submit Order”. When submitting an Order the Buyer will be asked to acknowledge and accept that they are obliged to pay for that Order at the time of submitting the Order.
1.7. Once a Buyer has submitted an Order, an order number will be automatically generated. This number should be referenced by a Buyer whenever a Buyer contacts Pallas Foods about an Order.
1.8. Products ordered will be reserved by Pallas Foods until the Order is accepted. Pallas Foods will be deemed to have accepted an Order when the Buyer is sent an email acknowledging acceptance of the Order.
1.9. Where Pallas Foods are unable to supply an Order in full, Pallas Foods will be entitled to make a partial Order available for collection and the Terms and Conditions herein and the contained will apply to any and each such collection. Buyer will only be invoiced for the Order in full and a credit note will be issued to the Buyer for any Products that are unavailable.
1.10. This website is solely for the promotion of Products in the Republic of Ireland and Orders can only be collected from Designated Depots located at Newcastle West, Co. Limerick and Pallas Foods, Foodservice Centre, The Ward, Co Dublin in the Republic of Ireland.
1.11. All sales will comply with the laws of the Republic of Ireland. Accordingly, the sale of alcohol is not permitted to minors. Pallas Foods reserves the right to request that a Buyer produces identification to the satisfaction of Pallas Foods, where alcohol or tobacco is included in the Order. Further, Pallas Foods reserves the right to refuse to sell any Product to a Buyer where such sale would contravene any law or regulation under Irish law. By accepting these terms and conditions, the Buyer warrants that when reserving an Order which includes alcohol, that such Buyer has the legal capacity to purchase alcohol in the Republic of Ireland.
1.12. If you are dealing with Pallas Foods as a non-business Buyer (a “Consumer”), you are entitled to cancel your Order for a period of 14 days, beginning on the date you collect your Order (the “Cooling Off Period”).
1.13. The Cooling off Period gives Consumers a right to cancel their Order for no reason but, if any Order is cancelled, a Consumer must return the Order to Pallas Foods at their own expense and within 14 days of notifying Pallas Foods of the cancellation of the Order.
1.14. Any Orders which contain any Products which, at the sole discretion of Pallas Foods:-
a) were ordered to specific or personalised requirements; or
b) deteriorate or expire rapidly; or
c) have had the seal broken and cannot be returned for health protection or hygiene reasons,
cannot be cancelled by a Consumer.
1.15. To cancel an Order, a Consumer send an unequivocal statement to Pallas Foods setting out the decision to cancel the Order to firstname.lastname@example.org or can contact Pallas Foods via the “Contact Us” section of the website www.pallascollect.ie and must return the goods (as outlined above in 1.13) subject to Pallas Foods discretion (as outlined in 1.14 above).
2. Transfer of Ownership
2.1. All Products will remain the property of Pallas Foods until Pallas Foods has received payment in full for all sums due and owing on any account by the Buyer or any Affiliate.
2.2. If the Buyer sells or otherwise disposes of the Products before payment in full as aforesaid has been made to Pallas Foods, the Buyer will in such case hold all monies received by him from such sale or disposal in trust for Pallas Foods and will on request furnish Pallas Foods with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable Pallas Foods to recover any outstanding sums due from such persons.
2.3. So long as the property in the Products remains in Pallas Foods, the Buyer will hold the Products as bailee for Pallas Foods and will store the Products so as to clearly show them to be the property of Pallas Foods, and Pallas Foods will have the right, without prejudice to the obligations of the Buyer to purchase the Products, to retake possession of the Products (and for that purpose to go upon any premises occupied by the Buyer).
2.4. Nothing in this clause will confer any right upon the Buyer to return the Products. Pallas Foods may maintain an action for payment in respect of any Products notwithstanding that property in the Products has not vested in the Buyer.
2.5. The Buyer will not in any way pledge or charge by way of security for any indebtedness any Products which remain the property of Pallas Foods.
3.1. At the time of placing an Order, the Buyer shall select an estimated time for collection. A text message or email (depending on the method of notification chosen by the Buyer) will automatically generate from Pallas Foods notifying the Buyer when the Order is ready for collection. Pallas Foods will not be liable for any failure to have any Order in whole or in part, ready for collection by the estimated time selected when placing the Order.
3.2. Orders will be available for collection by the Buyer at the Designated Depot as selected at the time of placing an Order. By placing an Order, the Buyer agrees that the Buyer or an Affiliate of the Buyer will collect the Order from the Designated Depot selected at the time the Order was placed.
3.3. If the Buyer does not collect (or presents to collect but refuses to sign for collection of the Order) any Order in full by the time allocated on the Order, Pallas Foods will charge a restocking fee of €25 per Order.
3.4. If a Buyer wishes to amend an Order, the Buyer must contact Pallas Foods within 2 days of making the Order. Pallas Foods will inform the Buyer if an amendment is possible and will arrange for amended collection details to be provided to the Buyer.
3.5. Deviations in quantity of the Products (representing not more than 25 percent by value) from that stated in the relevant Order will not give the Buyer any right to reject the Products or claim damages, and the Buyer will be obliged to accept the quantity of the Products collected. This paragraph does not apply to Consumers.
3.6. The images of the Products provided on the Click and Collect website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a Product is accurately reflected on the device in use by a Buyer.
3.7. The packaging of the Product may vary from that shown on images on our website.
3.8. Pallas Foods reserves the right, at any time prior to collection, to discontinue or change any Product without prior notice.
4. Risk of Loss or Damage
Notwithstanding that the property in the Products may not have passed to the Buyer, the Buyer will carry all risk of loss of and damage to the Products from the time when the Products are delivered to them and section 32(2) and (3) of the Sale of Goods Act, 1893 will not apply.
5. Prices and Products
Pallas Foods reserves the right to, at any time prior to collection, discontinue or change any Product without prior notice.
6. Terms of Payment
6.1. The Buyer may pay for an Order by/with Visa/Visa Debit/Master Card at the time of placing the Order to Pallas Foods or by cash on collection at the Designated Depot chosen for collection by the Buyer.
6.2. Pallas Foods may, at its absolute discretion, offer rebates, discounts, allowances or credits to the Buyer. Any such rebates, discounts, allowances or credits offered by Pallas Foods are subject to, and contingent upon, compliance by the Buyer and any Affiliate (in respect of all accounts with Pallas Foods) with the General Terms and Conditions and payment terms and/or credit terms and Pallas Foods reserves the right to withdraw rebates, discounts, allowances or credits (whether accrued and/or paid or otherwise) where the Buyer fails to comply with such terms. At all times Pallas Foods, at its absolute discretion, reserves the right to revoke or to alter the terms on which such rebates, discounts, allowances or credits are granted to the Buyer.
6.3. Pallas Foods may, at its sole discretion and without notice, set off and apply any sums (or any part thereof) payable by or due by it to the Buyer from time to time in or towards the satisfaction of any liabilities or account payable by or due to it from the Buyer. The Buyer hereby agrees that such set off is good and valid discharge of such sums without the need for further permission whatsoever.
6.4. Pallas Foods retains the right to refuse to supply Products below such minimum quantity as it may specify from time to time.
6.5. Pallas Foods will not be bound by any arithmetical or clerical error that may occur in any calculation or document issued by it and reserves the right to adjust at any time any invoices, rebates, discounts, allowances or credits and to seek settlement of such errors with the Buyer.
6.6. Nothing in this clause (other than the provisions of clause 6.2) will be taken as limiting Pallas Foods’ rights under Clause 8.
7. Remedies for Any Damage Defects
7.1. The Buyer must, on receipt of Products, satisfy themselves that Products received are within recommended time limits (the “Best Before Date”) and are free from damage and will be deemed to be satisfied in this regard unless they immediately refuse to accept the Products (“Damaged Products”).
7.2. The Buyer must notify Pallas Foods within seven days of discovery of any defect in the Products which gives rise to a breach of any applicable condition or warranty (“Defective Products”).
7.3. In respect of any Damaged Products or Defective Products Pallas Foods shall at its sole option either repair or replace the Products or issue credit to the Buyer, provided that:
7.3.1 the relevant Products are returned to Pallas Foods at the cost of the Buyer;
7.3.2 examination of such Products by Pallas Foods discloses to its satisfaction that the damage or defect existed at the time of collection andthat a breach of an applicable condition or warranty has occurred and that the Products have not been affected by any act or omission of any party other than Pallas Foods including, but not limited to, misuse, neglect, accident, improper storage, installation, handling or by repair or alteration not effected by Pallas Foods; and
7.3.3 the Buyer will pay to Pallas Foods the cost (as stated by Pallas Foods) of any examination of the Products as a result of which Pallas Foods does not admit liability.
7.4. This guarantee will not apply to, and any applicable conditions and warranties other than those arising under section 12 of the Sale of Goods Act, 1893 (as amended) are hereby excluded in relation to any Products supplied by, but not produced by, Pallas Foods, but Pallas Foods will so far as possible pass to the Buyer the benefit of any guarantee, condition or warranty given to Pallas Foods by the relevant producer.
7.5. Pallas Food’s liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of or in connection with or resulting from the manufacture, sale, delivery, collection, re-sale, replacement or use of any of the Products will in no case exceed the price paid by the Buyer to Pallas Foods for the Products which give rise to the claim, plus expenses of customs, taxes, freight and insurance. In no event will Pallas Foods be liable for any loss of profits, or special or consequential damages suffered by the Buyer, including interest charges. Nothing contained in this paragraph will by implication create any liability or obligation on the part of Pallas Foods, or effect or diminish any disclaimer or liability elsewhere contained herein.
7.6. Except as expressly stated above, all other warranties, conditions and representations, express or implied, statutory or otherwise, in relation to the quality or fitness for any particular purpose of the Products are hereby excluded, and Pallas Foods will not be liable in contract, tort or otherwise for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or in connection with the Products sold or any defect in them or from any other cause, whether or not any such matter amounts to a fundamental breach of a fundamental term of the contract.
7.7. In any event, Pallas Food’s liability in respect of any Product will end on the later of the relevant Product’s Best Before Date or 3 months from the date of receipt of the Products by the Buyer.
7.8. The Buyer shall not reject any Products or cancel or purport to cancel these Click and Collect Terms and Conditions or any part of it because of an alleged default unless and until Pallas Foods has failed to correct such alleged default within thirty days of written notice specifying the default.
7.9. Nothing in this clause will be taken as in any way limiting or excluding any liability which Pallas Foods may have to the buyer under Section 2 of the Liability for Defective Products Act, 1991.
8. Default of Buyer
8.1. If the Buyer or an Affiliate:
8.1.1 fails to comply with these Click and Collect Terms and Conditions or the General Terms and Conditions (including stipulations as to payment); or
8.1.2 commits an act of bankruptcy, makes an arrangement or composition with creditors or suffers any distress or execution; or
8.1.3 resolves or is ordered to be wound up or has a liquidator, receiver or
examiner (or any equivalent officer) appointed; or
8.1.4 sells or stores the Products in a manner which is unacceptable to Pallas Foods, as notified to the Buyer from time to time; or
8.1.5 is in arrears on any account with Pallas Foods; or
8.1.6 does anything which does, or has the capacity (in Pallas Foods’ opinion) to undermine or damage Pallas Foods’ reputation and/or brand and/or intellectual property rights; or
8.1.7 there is a change of control of the Buyer; or
8.1.8 Pallas Foods reasonably apprehends that any event which is analogous with the above mentioned is occurring or is about to occur in respect of the Buyer or any Affiliate,
then, in any such event, Pallas Foods will have the right (without further liability to the Buyer and without prejudice to any other remedies) to (a) cancel (in whole or in part) any uncompleted order; and/or (b) withhold or suspend (in whole or in part) collection of further Products; and/or (c) to demand payment immediately of all sums due by the Buyer or any Affiliate to Pallas Foods; and/or (d) to recover from the Buyer or any Affiliate damages for any loss or damage suffered by Pallas Foods arising directly or indirectly from the breach; and/or (e) to re-take possession of any Products (and for that reason to go into any premises occupied by the Buyer or an Affiliate); and/or (f) to withhold payment and/or cancel any entitlements to any rebates, discount, allowances or credits (or anything analogous thereto) which are accrued but unpaid on that date; and/or (g) to cancel any and all future rights of the Buyer to such rebates, discounts, allowances or credits or other like benefit; and/or (h) to cancel any current and/or future credit arrangements with the Buyer or an Affiliate.
9. Alternative and Supplementary Terms
Pallas Foods may at any time alter or supplement these Click and Collect Terms and Conditions by giving notice to the Buyer.
10. Force Majeure
Pallas Foods will not be under any liability of whatever kind for non-performance in whole or in part of its obligations under these Click and Collect Terms and Conditions due to causes beyond the control of Pallas Foods or beyond the control of Pallas Food’s suppliers including, but not limited to, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, acts of the Buyer, any Affiliate or a third party, failure or delay in transportation, acts of any Government or any agency or sub-division thereof, Government regulations, judicial actions, labour disputes, strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, delay in collection to Pallas Foods or Pallas Food’s suppliers or shortage of labour, fuel, raw materials or machinery or technical failure. In any such event, Pallas Foods may, without liability, cancel or vary these Click and Collect Terms and Conditions including, but not limited to, extending the time for performing their obligations pursuant to these Click and Collect Terms and Conditions for a period at least equal to the time lost by reason of such causes.
The Buyer will not assign or transfer or purport to assign or transfer to any other person the contract or the benefit thereof or the benefit of any condition, warranty or guarantee or other term or condition (express or implied) forming part thereof or relating to the Products.
12. Governing Law and Jurisdiction
12.1. The Click and Collect Terms and Conditions of Sale (these terms and conditions) 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 laws of the Republic of Ireland.
12.2. Each party irrevocably agrees that, subject as provided below, the courts of the Republic of Ireland shall have exclusive jurisdiction over any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). Nothing in this clause shall limit the right of Pallas Foods to take proceedings against the Buyer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.