Terms and Conditions.
|1 Definitions & Interpretation
In these Conditions, the following words shall have the following meanings:
"Buyer" means the person(s), firm or company who purchases the Goods from the Seller;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of the
Goods, incorporating these Conditions;
"Goods" means any goods agreed in the Contract to be supplied to the Buyer by the Seller
(including any part or parts of them); and
"Order Form" means the Sellerís standard order form for Goods.
"Seller" means J and T Blackman Ltd t/a Zest-it;
1.2 In these Conditions, references to the masculine include the feminine and the neuter and to the
singular include the plural and vice versa as the context admits or requires.
1.3 In these Conditions, headings will not affect the construction of these Conditions.
2 Application Of Terms
2.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions
(including any terms or conditions which the Buyer purports to apply under any purchase order,
confirmation of order, specification or other document).
2.2 Each order for Goods by the Buyer from the Seller shall be in the form of an email; verbal order
or processed through our website and shall be deemed to be an offer by the Buyer to purchase Goods
subject to these Conditions.
2.3 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written
acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the
2.4 Any quotation is given by the Seller on the basis that no Contract shall come into existence
until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the
Goods to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the
Seller has not previously withdrawn it.
2.5 Orders for our products ands services will not be accepted from persons under 18 years of age
unless submitted by a parent or guardian on that person's behalf. By requesting our services or products
you make a representation that you are over the appropriate age.
2.6 No goods may be relabelled, rebottled, altered, adulterated or misrepresented by the buyer.
3 Price & Payment
3.1 The price for the Goods (excluding delivery) shall be the price set out by the Sellerís at the
time the order is confirmed. Payment can be made by PayPal, Credit or Debit Card, Bankers Draft, Cheque or BACS in GBP
3.2 Payment of the price for the Goods is due at the time of the order unless account terms have been
agreed between seller and buyer. If account terms have been agreed then payment for the goods is due
within 30 days of delivery of goods.
3.3 If payment of the price or any part thereof is not made by the due date, the Seller shall be
entitled to charge interest on the outstanding amount from the due date at the rate of 3% of the base
lending rate of NatWest Bank accruing on a daily basis until payment is made.
4.1 All drawings, descriptive matter, specifications and advertising issued by the Seller and any
descriptions or illustrations contained in the Sellerís catalogues and brochures are issued or published
for the sole purpose of giving an approximate idea of the Goods described in them. They will not form
part of this Contract.
5.1 The Seller will deliver the Goods ordered by the Buyer to the address as agreed between the
seller and the buyer.
5.2 Delivery will be made as soon as possible after the Buyerís order is accepted and in any event
within 14 days of the date of the Order Form.
5.3 Any dates specified by the Seller for delivery of the Goods are intended to be an estimate, and
time of delivery shall not be made of the essence by notice. If no dates are so specified, delivery
shall be within a reasonable time.
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash
or cleared funds) all sums due to it in respect of the Goods.
7.1 If the Goods delivered are damaged or defective or the delivery is of an incorrect quantity, the
Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the
problem within 1 working days of the delivery of the Goods.
7.2 If the Buyer does not receive the Goods ordered by it within 30 days of the date of the Order
Form, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of
the problem within 35 days of the date of the Order Form.
7.3 If the Buyer notifies a problem to the Seller under either Condition 7.1 or Condition 7.2, the
Sellerís sole and exclusive obligation will be, at the Buyerís option:
- to make good any shortage or non-delivery; or
- to replace or repair any Goods that are damaged or defective; or
- to refund to the Buyer the amount paid by the Buyer for the Goods in whatever way the Seller
7.4 Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or
consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever
arising under or in connection with the Contract and the Seller shall have no liability to pay any money
to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for
the Goods under Condition 7.3.3 above.
7.5 The Buyer must observe and comply with all applicable regulations and legislation, including
obtaining all necessary customs, import or other permits to purchase the Goods from the Seller. The
Seller makes no representation and accepts no liability in respect of the export or import of the Goods.
7.6 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the
Buyer might have as a consumer under applicable local law or other statutory rights that may not be
excluded, nor in any way to exclude or limit the Sellerís liability to the Buyer for any death or
personal injury resulting from the Sellerís negligence.
Unless otherwise expressly stated in these Conditions, all notices from the Buyer to the Seller must
be in writing and sent to the Seller at J and T Blackman Ltd, The Store Room, Foxholes Road, Leicester. LE3 1TH. All notices from the Seller to the Buyer will be sent to the Buyerís
address specified in the Order Form.
9 Events Beyond the Sellerís Control
The Seller shall have no liability to the Buyer for any failure to deliver the Goods or any delay in
doing so or for any damage or defect to the Goods delivered that is caused by an event or circumstance
beyond the Sellerís reasonable control including, without limitation, strikes, lock-outs and other
industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any of these Conditions (or part of any of these Conditions) is unenforceable (including any
provision in which the Seller excludes its liability to the Buyer) the enforceability of the remaining
Conditions (or remaining part of any Condition) will not be affected.
11 Third Party Rights
Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to
confer any right to enforce any of its terms on any person who is not a party to it.
12 Governing Law
The Contract shall be governed by and interpreted in accordance with the laws of England and Wales
and shall have jurisdiction to resolve any disputes between the Seller and the Buyer.
13 Entire Agreement
The Contract sets out the entire agreement between the Seller and the Buyer. Nothing said by any
sales person on behalf of the Seller should be understood as a variation of the Contract or as an
authorised representation about the nature or quality of the Goods. Save for fraud or fraudulent
misrepresentation, the Seller shall have no liability for any such representation being untrue or
No variation of or amendment to the Contract shall bind either party unless made in writing and
signed by the authorised representatives of both parties.
14 Intellectual Property
The website and all rights in the content, material and software are protected by copyright,
trademark and other intellectual property and proprietary rights. You may electronically copy and print
in hard copy portions of this website for the purpose of ordering products. You may not otherwise use,
modify, distribute or otherwise reproduce or use for commercial purposes any of the content on this
website unless agreed between seller and buyer.
We will respect your personal information and will comply with all applicable data
protection legislation. We will use the personal information you provide to us to process orders and
registrations. We may collect and process information about you to constantly monitor and improve our
service to you and keep you up to date with developments at J and T Blackman Ltd in accordance with our
16 Access to the Website
Your access to this Website may be occasionally restricted to allow for repairs, maintenance, or the
introduction of new facilities or services. We will attempt to restore the Website access as soon as we
reasonably can. Because of the nature of the Internet, the Website is provided on an "as is" and "as
available" basis. We are not responsible to you if we are unable to provide the Website for any reason
beyond our control.
17 Your use of this Website.
You must not use this Website in a way that causes or is likely to cause the Website to
be interrupted, damaged or impaired in any way. You must use the Website for lawful purposes only You
must not use the Website for any of the following:
for fraudulent purposes or in connection with a criminal offence or
other unlawful activity
send, use or reuse any material which is offensive, abusive, indecent, defamatory, obscene or menacing,
or in breach of copyright, trade mark, confidence, privacy or any other right
to cause annoyance, inconvenience or needless anxiety.
Alteration of the Website and amendments to the Conditions
Prior to the formation of any contract with you, J and T Blackman Ltd reserves the right
to change, modify, substitute or remove without notice to you any information on the Website from time
19 Cancellation of Orders
Order/s may be cancelled without giving a reason, within 7 days of receipt of the order.
Distance Selling Regulations 2000 - where a consumer cancels their order (within the 7 day period) a refund will be provided within 30 days of cancellation provided - notification is received via email; all goods are returned in saleable condition and at your own expense.
If you have any queries please contact us on 08448005937 or via email at
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