TERMS AND CONDITIONS FOR THE CARTE D'OR DESSERT MENU BUILDER OFFER AND WALL'S PROMOTIONAL AND POINT OF SALE ITEMS
Please read these terms and conditions in conjunction with the Unilever Ice Cream Terms and Conditions of Sale for Carte D'Or Promotional and Point of Sale Items below. In the event of a conflict these terms and conditions shall prevail.
Correspondence details (for order forms and queries):
Promoter: Unilever UK Limited, Unilever House, Springfield Drive, Leatherhead, Surrey KT22 7GR (Please do not send any correspondence to this address)
APPLICATION - All sales of promotional or point of sale items ("Products") are made on these Terms and Conditions only and no other warranties, conditions or representations are made by Unilever UK Ice Cream (a trading name of Unilever UK Limited) (the "Company", "our", "we" or "us") to any purchaser (the "Purchaser").
Please note that our brochure and our website are trade brochures and websites and the purchase of Products is only available to those companies, partnerships or sole traders operating in the course of their business. If you are a consumer wishing to purchase Products other than in the course of a business, then please contact us directly using the contact details in the brochure or on the website.
The Company reserves the right to alter these Terms and Conditions from time to time. The terms and conditions that shall apply to your purchase of Products shall be the latest version of such terms and conditions as published in our then current brochure or on our website from time to time. Please check either the website or our latest brochure at the time that you place your order.
PRICES - You must make payment in the manner set out in any order form at the time you place the order. All prices are subject to change without notice. The price that will apply to your Products will be the price applying at the date and time of your order. We try to ensure that the prices that we display in our brochures and on our website are accurate but the price contained in any order will need to be validated by us. We will inform you if a Product's correct price is higher than that stated in your order and you may either cancel the order or decide to proceed to order the Product at the correct price. All prices are exclusive of VAT and delivery costs.
These Terms and Conditions are applicable to Products detailed in this brochure or on this website only.
ORDERS - For certain of the Products, the Company may specify certain minimum order quantities. The Company will not accept orders from the Purchaser for less than the Company's minimum order quantity.
All orders must be for delivery taken at one place in one consignment. Any stated delivery times are estimates only and the Company shall not be liable for late delivery except as otherwise agreed in relation to specific orders. The Company reserves the right to carry out deliveries or services in relation to the Products through an agent appointed to carry out such deliveries or services on its behalf.
CANCELLATION - Any order or portion thereof may be cancelled by the Company should manufacture or delivery of the Products be discontinued, hindered or prevented for any reason.
DAMAGES - Notification of any damages or defects in the Products should be communicated to the Company or its authorised agent as soon as practicable and in any event within 14 days. Unless notification is given as above, the Products will be deemed to have been accepted and the Company will not consider claims in respect thereof.
DEFECTIVES - The Company's liability for Products proved to be defective shall be limited to the price of such Products and for this purpose the price shall be deemed to be the price of the Products applying at the date of delivery, provided always that the Company is notified of such defective Products within 14 days from date of delivery. The Company shall be entitled to replace such Products in accordance with these Terms and Conditions in settlement of its liability.
PAYMENT TERMS - To order a Product, you will need to follow the ordering procedures set out either in this brochure or on our website. Full details of prices for the Products, and the procedures for payment and delivery are set out in the brochure or on our website.
LIMITATION OF LIABILITY - We promise that for any Product you purchase from our brochure or our website:
Without prejudice to the above paragraph, we exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our brochure, our website or any information or service provided through our brochure or website.
We will do our best to ensure that all materials and information published in our brochure or on our website are accurate, but please note that all content, materials and information in our brochure or on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our brochure or our website and use of all information contained within them.
We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business or other similar losses in each case, however caused, even if foreseeable.
If we are found to be liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
DATA PROTECTION - The following applies to any information you provide to us, for example, via the website or during any ordering process.
By placing an order with the Company, you expressly agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should contact us using the contact details either in the brochure or on the website.
FORCE MAJEURE - The Company shall not be liable to the Purchaser for any loss or damage whatsoever caused by delay in the performance of, or non-performance of, any obligation of the Company in relation to the Products or any part thereof where such delay or non-performance is due to any cause beyond the Company's reasonable control including, without limitation, strikes or breakdown in machinery.
WAIVER - No delay in exercising or non-exercise by the Company of any of its rights under or in connection with these Terms and Conditions shall operate as a waiver or release of that right or any other right. Rather, any such waiver or release must be specifically granted in writing signed by an authorised signatory of the Company.
ASSIGNMENT - The Company may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of the Company's respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this paragraph shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
ENTIRE AGREEMENT - These terms and conditions together with our privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and The Company. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by the Company or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
SEVERABILITY - If any provision or term of these terms and conditions shall become or be declared illegal, invalid, or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
APPLICABLE LAW AND JURISDICTION - These Terms and Conditions shall be governed in every respect by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
Unilever UK Ice Cream is a trading name of Unilever UK Limited (Company No. 334527) with its registered office at Unilever House, Springfield Drive, Leatherhead, Surrey KT22 7GR.