Terms & Conditions

Terms and Conditions.

These Terms and Conditions govern your use of the Eismann UK Ltd website (Eismann UK Ltd Site) and your relationship with Eismann UK Ltd (Eismann UK Ltd, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Eismann UK Ltd Site. Please note that to use any of the services provided on the Eismann UK Ltd Site, you are required to register as an authorised user on the site.

• Use of the Eismann UK Ltd Site
• Disclaimer
• Amendments
• Registration
• Password and security
• Excluded Services
• Intellectual property
• Availability of the Eismann UK Ltd Site
• Eismann UK Ltd's right to suspend or cancel your registration
• Eismann UK Ltd's liability
• Third Party Websites
• Advertising and Sponsorship
• Applicable Law
• International Use
• Miscellaneous
• Special Offers and Promotions
  
• Refunds for Special Offers

Use of the Eismann UK Ltd Website

The Eismann UK Ltd Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Eismann UK Ltd Site you agree to be bound by these Terms and Conditions.

All orders and purchases made on the Eismann UK Ltd Site will also be governed by the specific Product Terms relevant to Online only.

Disclaimer

The Eismann website was developed alongside our printed catalogue. We therefore retain the right to make any changes necessary and advise that all product information is a guide only and individual packs should be checked in case of allergies. All information contained in the catalogue was correct at the time of going to press. Eismann UK Ltd reserves the right to make alterations as necessary. Please note that the display of foods shown in our brochure and on this website are serving suggestions only and all recommended retail prices include VAT (where applicable). Prices will remain constant subject to changes to the rate of VAT.

Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Eismann UK Ltd Site. The changes will apply to the use of the Eismann UK Ltd Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Eismann UK Ltd Site and the Online Stores. If you continue to use the Eismann UK Ltd Site after the date on which the change comes into effect, your use of the Eismann UK Ltd Site indicates your agreement to be bound by the new Terms and Conditions.

Registration

To register with Eismann UK Ltd you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Password and Security

When you register to use the Eismann UK Ltd Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see end for contact details) immediately.

If Eismann UK Ltd has reason to believe that there is likely to be a breach of security or misuse of the Eismann UK Ltd Site, we may require you to change your password or we may suspend your account.

Excluded Services

The services provided by the Eismann UK Ltd Site do not include the provision of computer or other necessary equipment to access the Eismann UK Ltd Site. To use the Eismann UK Ltd site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

Intellectual Property

The content of the Eismann UK Ltd Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Eismann UK Ltd Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Eismann UK Ltd Site without written permission from Eismann UK Ltd.

No licence is granted to you in these Terms and Conditions to use any trade mark of Eismann UK Ltd or its affiliated companies including, without limitation, the trade marks EISMANN, EISMANN UK LTD.

You may not use the Eismann UK Ltd Site for any of the following purposes:

• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the Eismann UK Ltd Site
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the Eismann UK Ltd Site
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

Eismann UK Ltd reserves the right to refuse to post material on the Eismann UK Ltd Site or to remove material already posted on the Eismann UK Ltd Site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

any claim by any third party that the use of the Eismann UK Ltd Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

any claim by any third party that the use of the Eismann UK Ltd Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Eismann UK Ltd Site by you.

Availability of Eismann UK Ltd Website

Although Eismann UK Ltd aims to offer you the best service possible, Eismann UK Ltd makes no promise that the services at the Eismann UK Ltd Site will meet your requirements. Eismann UK Ltd cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see end for contact details) or by email at sales@eismann.co.uk and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Eismann UK Ltd Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Eismann UK Ltd will attempt to restore the service as soon as we reasonably can.

Eismann UK Ltd right to remove your registration

Eismann UK Ltd may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Eismann UK Ltd Site.

The suspension or cancellation of your registration and your right to use the Eismann UK Ltd Site shall not affect either party's rights or liabilities.

Eismann UK Ltd Liability

The Eismann UK Ltd Site is provided by Eismann UK Ltd without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The Eismann UK Ltd Site provides content from other Internet sites or resources and while Eismann UK Ltd tries to ensure that material included on the Eismann UK Ltd Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Eismann UK Ltd will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Eismann UK Ltd Site. If Eismann UK Ltd is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the Eismann UK Ltd Site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Eismann UK Ltd Site
• unsuitability, unreliability or inaccuracy of the Eismann UK Ltd Site
• inadequacy of the Eismann UK Ltd site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Eismann UK Ltd Site.

Nothing in this paragraph applies to Eismann UK Ltd's liability in respect of products sold through the Online Stores.

Nothing in these Terms and Conditions shall exclude Eismann UK Ltd's liability for personal injury or death caused by its negligence.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

Third Party Websites

As a convenience to Eismann UK Ltd customers, the Eismann UK Ltd Site includes links to other web sites or material which are beyond its control. Eismann UK Ltd is not responsible for content on the Internet or World Wide Web pages outside the Eismann UK Ltd Site.

Advertising and Sponsorship

Part of the Eismann UK Ltd Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Eismann UK Ltd Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

International Use

Eismann UK Ltd makes no promise that materials on the Eismann UK Ltd Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Eismann UK Ltd Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Eismann UK Ltd ignores this, Eismann UK Ltd will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Eismann UK Ltd shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

Special Offers and Promotions

All special offers and promotions remain subject to availabilty and Eismann UK Ltd reserve the right at all times to withdraw or change offers made without prior notice to our customers.

Voucher codes used in any special offer or promotion made by Eismann UK Ltd are subject to the terms and conditions contained herewith.

Voucher codes may only be used once. If a customer makes use of any voucher code more than once Eismann UK Ltd reserve the right to cancel any discounted offers, due to the breach of the sales contract formed by placing an order on our website, between Eismann UK Ltd and the Customer.

The current special offer promotion is subject to a minimum order value of £35 before the discount of £5 is offered.

The current special offer promotion is subject to an end date of orders delivered by 24th December 2009. To make sure Christmas orders are delivered by 24th December 2009 orders must be placed by Thursday 17th December 2009.

We will contact you in the event that any product is unavailable for delivery as requested when placing the order. At this point we will ask you to substitute an additional product if the order falls below the £35 threshold prior to the discount offered of £5.

Refunds for Special Offers

Refunds for goods purchased under a special offer will be based on the terms of the special offer price. Your statutory rights are not affected.

The Eismann UK Ltd Site is owned and operated by Eismann UK Ltd a company registered in England and Wales whose registered office is at Eismann UK Ltd House, 31 Kenneth Way, Wilstead Industrial Estate, Wilstead, Bedfordshire, MK45 3PD.

If you have any queries please contact Customer Services at sales@eismann.co.uk

Company Registration No. 5259240

VAT No. 818292513