TERMS & CONDITIONS
FOR THE USE OF OUR WEBSITE
These Terms and Conditions, together with any and all other documents referred
www.eaststuff.co.uk (“Our Site”). Please read these Terms and Conditions
carefully and ensure that you understand them. Your agreement to comply with
and be bound by these Terms and Conditions is deemed to occur upon your
first use of Our Site. If you do not agree to comply with and be bound by these
Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software,
databases and any other form of information capable of being stored on a
computer that appears on, or forms part of, Our Site; and
“We/Us/Our” means East Stuff Ltd, a company registered in England under
07049776, whose registered address is Studio 1, Unit 32, Wimbledon Stadium
Business Centre, Riverside Road, London SW17 0BA and whose main trading
address is Studio 1, Unit 32, Wimbledon Stadium Business Centre, Riverside Road,
London SW17 0BA.
2. Information About Us
2.1 Our Site, www.eaststuff.co.uk, is owned and operated by East Stuff Ltd,
a limited company registered in England under 07049776, whose registered
address is Studio 1, Unit 32, Wimbledon Stadium Business Centre, Riverside Road,
London SW17 0BA and whose main trading address is Studio 1, Unit 32,
Wimbledon Stadium Business Centre, Riverside Road, London SW17 0BA.
Our VAT number is 987141489.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order
to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis.
We may alter, suspend or discontinue Our Site (or any part of it) at any time
and without notice. We will not be liable to you in any way if Our Site (or any
part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual
property rights subsisting in that Content, unless specifically labelled otherwise,
belongs to or has been licensed by Us. All Content is protected by applicable
United Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute,
sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site
unless given express written permission to do so by Us.
4.3 You may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing
capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print one copy of any page from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of
identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Site for
commercial purposes without first obtaining a licence from Us (or our licensors,
as appropriate) to do so. This does not prohibit the normal access, viewing
and use of Our Site for general information purposes whether by business users
4.6 Nothing in these Terms and Conditions limits or excludes the provisions of
Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in
Relation to Copyright Works’, covering in particular the making of temporary
copies; research and private study; the making of copies for text and data
analysis for non-commercial research; criticism, review, quotation and news
reporting; caricature, parody or pastiche; and the incidental inclusion of
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association,
endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without
Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation
or to take unfair advantage of it.
5.2 Framing or embedding of Our Site on other websites is not permitted without
Our express written permission. Please contact Us via the CONTACT page on our
website for further information.
5.3 You may not link to Our Site from any other site the main content of which
contains material that:
5.3.1 is sexually explicit;
5.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.3.3 promotes violence;
5.3.4 promotes or assists in any form of unlawful activity;
5.3.5 discriminates against, or is in any way defamatory of, any person, group
or class of persons, race, sex, religion, nationality, disability, sexual orientation,
5.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
5.3.7 is calculated or is otherwise likely to deceive another person;
5.3.8 is intended or otherwise likely to infringe (or threaten to infringe) another
person’s right to privacy;
5.3.9 misleadingly impersonates any person or otherwise misrepresents the
identity or affiliation of a particular person in a way that is calculated to deceive
(obvious parodies are not included in this definition provided that they do not
fall within any of the other provisions of this sub-Clause 5.4);
5.3.10 implies any form of affiliation with Us where none exists;
5.3.11 infringes, or assists in the infringement of, the intellectual property rights
(including, but not limited to, copyright, trade marks and database rights) of
any other party; or
5.3.12 is made in breach of any legal duty owed to a third party including, but
not limited to, contractual duties and duties of confidence.
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these
sites are not under Our control. We neither assume nor accept responsibility or
liability for the content of third party sites. The inclusion of a link to another site
on Our Site is for information only and does not imply any endorsement of the
sites themselves or of those in control of them.
7.1 Nothing on Our Site constitutes advice on which you should rely. It is
provided for general information purposes only.
7.2 Insofar as is permitted by law, We make no representation, warranty, or
guarantee that Our Site will meet your requirements, that it will not infringe the
rights of third parties, that it will be compatible with all software and hardware,
or that it will be secure.
7.3 We make reasonable efforts to ensure that the Content on Our Site is
complete, accurate, and up-to-date. We do not, however, make any
representations, warranties or guarantees (whether express or implied) that the
Content is complete, accurate, or up-to-date.
8. Our Liability
8.1 To the fullest extent permissible by law, We accept no liability to any user
for any loss or damage, whether foreseeable or otherwise, in contract, tort
(including negligence), for breach of statutory duty, or otherwise, arising out
of or in connection with the use of (or inability to use) Our Site or the use of or
reliance upon any Content included on Our Site.
8.2 To the fullest extent permissible by law, We exclude all representations,
warranties, and guarantees (whether express or implied) that may apply to
Our Site or any Content included on Our Site.
8.3 If you are a business user, We accept no liability for loss of profits, sales,
business or revenue; loss of business opportunity, goodwill or reputation; loss
of anticipated savings; business interruption; or for any indirect or consequential
loss or damage.
8.4 We exercise all reasonable skill and care to ensure that Our Site is free from
viruses and other malware. We accept no liability for any loss or damage
resulting from a virus or other malware, a distributed denial of service attack,
or other harmful material or event that may adversely affect your hardware,
software, data or other material that occurs as a result of your use of Our Site
(including the downloading of any Content from it) or any other site referred
to on Our Site.
8.5 We neither assume nor accept responsibility or liability arising out of any
disruption or non-availability of Our Site resulting from external causes including,
but not limited to, ISP equipment failure, host equipment failure, communications
network failure, natural events, acts of war, or legal restrictions and censorship.
9. Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to ensure that Our Site is secure
and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other
material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other
material which is malicious or technologically harmful either to or via Our Site.
9.4 You must not attempt to gain unauthorised access to any part of Our Site,
the server on which Our Site is stored, or any other server, computer, or
database connected to Our Site.
9.5 You must not attack Our Site by means of a denial of service attack, a
distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing
a criminal offence under the Computer Misuse Act 1990. Any and all such
breaches will be reported to the relevant law enforcement authorities and
We will cooperate fully with those authorities by disclosing your identity to them.
Your right to use Our Site will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use Our Site in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all local, national
or international laws and/or regulations;
10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful
10.1.3 you must not use Our Site to knowingly send, upload, or in any other way
transmit data that contains any form of virus or other malware, or any other
code designed to adversely affect computer hardware, software, or data of
any kind; and
10.1.4 you must not use Our Site in any way, or for any purpose, that is intended
to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Site if you
materially breach the provisions of this Clause 10 or any of the other provisions
of these Terms and Conditions. Specifically, We may take one or more of the
10.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement of any and all
relevant costs on an indemnity basis resulting from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities as required or
as We deem reasonably necessary; and/or
10.2.6 any other actions which We deem reasonably appropriate.
10.3 We hereby exclude any and all liability arising out of any actions
(including, but not limited to those set out above) that We may take in response
to breaches of these Terms and Conditions.
11. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available
from this website. These policies are incorporated into these Terms and
Conditions by this reference.
12. Changes to these Terms and Conditions
12.1 We may alter these Terms and Conditions at any time. Any such changes
will become binding on you upon your first use of Our Site after the changes
have been implemented.
12.2 In the event of any conflict between the current version of these Terms
and Conditions and any previous versions, the provisions current and in effect
shall prevail unless it is expressly stated otherwise.
13. Contacting Us
To contact Us, please email Us via our website’s CONTACT page.
14. Communications from Us
14.1 If We have your contact details, We may from time to time send you
important notices by email. Such notices may relate to matters including,
but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express
consent. If you do give such consent, you may opt out at any time. Any and
all marketing emails sent by Us include an unsubscribe link. If you opt out of
receiving emails from Us at any time, it may take up to seven business days for
Us to comply with your request. During that time, you may continue to receive
emails from Us.
14.3 For questions or complaints about communications from Us (including,
but not limited to marketing emails), please contact Us via this website’s
15. Data Protection
15.1 All personal information that We may use will be collected, processed,
and held in accordance with the provisions of EU Regulation 2016/679
General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2 For complete details of Our collection, processing, storage, and retention
of personal data including, but not limited to, the purpose(s) for which personal
data is used, the legal basis or bases for using it, details of your rights and how
to exercise them, and personal data sharing (where applicable), please refer
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by, and construed in
accordance with the law of England & Wales.
16.2 If you are a business, any disputes concerning these Terms and
Conditions, the relationship between you and Us, or any matters arising therefrom
or associated therewith (whether contractual or otherwise) shall be subject to
the exclusive jurisdiction of the courts of [England & Wales] .
TERMS & CONDITIONS
OF TRADE WITH eaststuff
- By signing the Quotation to place an order for products and or services with East Stuff Limited, providing us with a purchase order, signing these Terms and Conditions or by accepting delivery of our products (whichever is the earliest), you are agreeing to these Terms and Conditions. The date of the agreement shall be the date the Quotation is signed by you or the date of the Purchase Order or the date these signed Terms and Conditions or the date of acceptance of delivery, whichever is the earliest.
“Bespoke Product” means products made in accordance with specifications required by you, including but not limited to products bearing your name or logo;
“Business Day” a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
“Event of Default” means any invoice that remains unpaid more than 60 days from the date of invoice;
“Insolvency Event” means when you are declared insolvent, or you make any voluntary arrangements with your creditors or become subject to an administration order, or a petition is presented against you for liquidation or winding up, or an encumbrance takes possession or receivers are appointed, of any of your property or assets;
“Payment Due Date” means 30 calendar days from the date of invoice and time for payment shall be of the essence of the contract;
“Quotation” means the document in which we offer product(s) or service package to you which is valid for 30 days from its date of issue on our terms and conditions..
“us”, “we” means East Stuff Ltd, Studio 1, Unit 32 Wimbledon Stadium Business Centre, London SW17 0BA;
“you” means the person or firm who purchases the products and or services from East Stuff Ltd.
- Unless otherwise agreed in writing by us, you agree to pay for product(s) or service package we supply to you strictly by the Payment Due Date. We may charge interest on any outstanding balance at the rate allowed by the Late Payment of Commercial Debts (Interest) Act 1998 from 14 days after the Payment Due Date.
- You agree that a representative from your company will promptly check and sign for all goods we deliver to the location specified in your order. The signature evidences your receipt of goods.
- If you find any shortages or damages please tell us in writing within 3 Business Days of receipt of goods. If you take longer we may not consider your claim.
- If you find any pricing errors or other issues with any of our invoices please tell us with 5 days of receipt of the invoice. If you take longer we may not consider your claim.
- In signing this Quotation or any other order, or issuing a Purchase Order, on behalf of your company, to order products or services from us (East Stuff Ltd), you warrant and confirm that you are duly authorised to place this order, and have agreed to the terms and conditions herein.
- If a product ordered by you is a Bespoke Product, after this Quotation is signed by you, you cannot cancel the order for the product. If a product ordered by you is not a Bespoke Product, cancellation will incur a charge of 20% of the total sale price. In any event, no cancellation will be accepted after 7 days from the date a Quotation is signed by you or the date of the purchase order.
- If you are ordering for a new hotel opening, you agree to pay 50% of the proforma invoice value as deposit, and the balance within 30 days of delivery. If you are a new customer/account, you agree, for the first three orders, to pay 100% of the proforma invoice as deposit, unless otherwise agreed in writing. Time of payment is of the essence.
- In the event that there are additional tariffs, customs, import or other duties imposed by either the United Kingdom or the European Union following Brexit, you agree to pay promptly for these additional costs in respect of the sale and importation of the products into the country in which you are resident and/or the delivery location.
- Where we accept an order from you for a Bespoke Product, you agree to take delivery of the total quantity ordered; or, with our written agreement only, on a call off basis (i.e. you only pay when you actually take delivery of each part of the full order). In any case you are liable to pay for the entire order as delivered or within 12 months of you having signed the Quotation or Purchase Order, unless different payment and delivery terms have been agreed in writing with us. The invoice issued under this clause 11 is due for immediate payment.
- Where we accept an order for a Bespoke Product as outlined in clauses 8 and 11, an allowance of 10% under or over the agreed units ordered may occur as a result of the bespoke manufacture process. You will be liable to pay pro rata for any over production not exceeding 10% of the total unit quantities ordered. You will not have to pay the full value of the original placed order if any under production occurs.
- If for any reason you do not take delivery of any Bespoke Product within 12 months of the Quotation being signed, or within the timeframe otherwise agreed in writing, we reserve the right to invoice you in full for the remaining goods in stock and deliver them to your specified location. Stock-holding for the first 12 months is free. If you are unable to accept delivery after the first 12-month period, we will charge you a storage fee of £5 per pallet per week. The invoice issued under this clause 13 is due for immediate payment.
- In relation to the Bespoke Products which you have not taken delivery after 12 months from the signed Quotation, If after ten Business Days after the day on which we notified you that the products were ready for delivery and you have not accepted delivery of them, we may dispose of part or all of the products without further notice. We reserve the right to charge you the cost of such disposal.
- If you want any products to be delivered at a date earlier than the agreed delivery date, you agree to pay for any additional transport costs incurred.
- You cannot return any product unless you have given us notice within 3 Business days of receipt (as per clause 5) and the product is faulty (as per clause 20).
- Unless explicitly agreed in writing between us, orders are accepted on the basis that the delivery address is within the United Kingdom. All goods remain our property until they have been paid for. Risk in and responsibility for the goods shall pass to you once they have been delivered to you.
- In an Event of Default and/or Insolvency Event, we reserve the right to terminate this agreement with immediate effect, deliver to you the entire quantity of products you ordered for immediate payment in full.
- You shall not disclose any confidential information including any pricing agreement, manufacturing, specification and ingredient details to any other organisation without our written agreement.
- In so far as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. This does not include items which are damaged by “fair wear and tear” or minor variations from specifications. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. In any event, the maximum limit of financial compensation that we may be liable shall not exceed the sale price of the product concerned which we quoted for you.
- We shall not be liable for loss, damage, detention or delay due to causes beyond our reasonable control such as acts of God, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, delays in transportation, government restrictions or embargoes or difficulties in obtaining necessary labour, materials, manufacturing facilities or transportation due to such causes.
- Neither party may assign any rights or obligations under this Agreement to a third party without written consent from the other party.
- No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of each of the parties.
- You agree that you are dealing as a business and not a consumer within the meaning of the Unfair Contract Terms Act 1977. Conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
- The various provisions of this Agreement are severable, and if any provision is held to be invalid or unenforceable by any court then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts.
- This Agreement contains the entire agreement between the parties in relation to the matters contemplated by this Agreement and supersedes any previous agreements between the parties in relation to those matters.
- Nothing in this Agreement confers any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
- Our business transactions shall be governed by the law of England and Wales any dispute or claim howsoever arising will be determined exclusively by the Courts of England and Wales.