SYKES SEAFOOD LIMITED
100 KING STREET, KNUTSFORD, CHESHIRE, WA16 6HQ
REGISTERED IN ENGLAND AND WALES
COMPANY NUMBER: 02289318
TERMS AND CONDITIONS FOR THE SALE OF GOODS
1 These Terms and what they cover
1.1 These are the terms and conditions (the Terms) on which we supply fresh or frozen seafood or other goods (or any part of them) (the Products) listed on our e-commerce website (https://seafoodbysykes.com (the Site)) to you.
1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or they require any changes, please contact us to discuss.
1.3 By ordering Products from our Site you agree to be bound by these Terms and that they form the basis of the Contract between you and us for the supply of the Products.
1.4 In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
1.4.1 You are an individual;
1.4.2 You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5 Provisions specific to consumers only are in clauses 8.2, 12.2, 13 and 17.6 and those specific to businesses only are in clauses 1.5, 6.6, 12.3, 12.6, 14 and 17.7.
1.6 If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
1.7 We draw your particular attention to our Privacy Notice [https://seafoodbysykes.com/privacy], and the following clauses of these Terms:
1.7.1 clause 5 (Changes);
1.7.2 clause 6 (Price and Payment);
1.7.3 clause 7 (Delivery of Products);
1.7.4 clause 8 (Your right to end the Contract);
1.7.5 clause 10 (Our rights to end the Contract);
1.7.6 clause 13 (Our responsibility for loss or damage suffered by you).
1.8 In these Terms you or your means the person whose details are set out in the order submitted to our Site.
2 Who we are and how to contact us
2.1 We are Sykes Seafood Limited (we, us, our, Sykes), a company registered in England and Wales. Our company registration number is 02289318 and our registered office is at 100 King Street, Knutsford, Cheshire, England, WA16 6HQ.
2.2 You can contact us by emailing us at email@example.com or writing to us at Sykes Seafood Limited, 100 King Street, Knutsford, Cheshire, England, WA16 6HQ.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3 Our Contract with you
3.1 Please check your order carefully and correct any errors before completing the checkout process and placing your order via our Site (your Order).
3.2 When you place your Order, we will acknowledge it by email. This acknowledgement does not however mean that your Order has been accepted.
3.3 If we are unable to accept all or part of your Order we will:
3.3.1 contact you to say that we are unable to accept your Order in whole or part;
3.3.2 not charge you for:
(a) the Products that we are unable to accept your Order for (where we are unable to accept part of your Order); or
(b) any of the Products in your Order (where we are unable to accept your entire Order); and
3.3.3 where a charge has been taken, we will refund the relevant amount taken from your payment method in respect of the Products we are unable to accept your Order for.
3.4 We may be unable to accept your order for the following reasons:
3.4.1 the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for;
3.4.2 a credit reference we have obtained for you does not meet our minimum requirements;
3.4.3 we cannot authorise your payment;
3.4.4 we have identified an error in the price or description of the Product; or
3.4.5 we are unable to meet a delivery deadline you have specified.
3.5 Our acceptance of your Order will take place when we email you to accept it (our Order Confirmation), at which point a contract will come into existence between you and us for the supply of the Products as set out in our Order Confirmation (Contract). If you think any information in our Order Confirmation is wrong, please contact us promptly to let us know.
3.6 Your order number. We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.7 We reserve the right to only accept orders from people who are over the age of 18.
3.8 Our Site is solely for the promotion of our Products in the United Kingdom. Unless we agree or express otherwise, we only accept Orders from persons requiring deliveries to the mainland of the United Kingdom. We are unable to accept Orders for delivery to addresses in the Scottish Highlands and Northern Isles, Northern Ireland, the Isle of Wight, the Republic of Ireland and the Channel Islands.
4 Our Products
4.1 Products may vary from the pictures on our Site – The images of the Products shown on our Site are for illustrative purposes only. We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
4.2 Your Products may vary slightly from those images on our Site or packaging, and although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site are approximate only.
5.1 Your rights to make changes to your Order – If you wish to make a change to the Products you have ordered you must contact us before 2pm:
5.1.1 on the day you have placed your Order where you have chosen next business day delivery for your Order; or
5.1.2 on the next working day after the day that you placed your Order where you have not chosen next working day delivery for you Order.
If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 8 – Your rights to end the Contract).
5.2 Our rights to make changes – We may change any Product to reflect changes in relevant laws and regulatory requirements.
6 Price and payment
6.1 Where to find the price for the Product – The price of the Products (which includes VAT) will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Products advised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order.
6.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.3 Incorrect pricing – It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
6.4 We accept payment by most major credit and debit cards (your Payment Method). We are committed to protecting the security of all our customers and we may contact you to request further validation of your details.
6.5 Your Order will only be dispatched once your Payment Method has been approved and we have received the full price of your Products in cleared funds.
6.6 If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.7 If you think an invoice is wrong, please contact us promptly to let us know.
7 Delivery of the Products
7.1 Our courier will make reasonable efforts to deliver the Products. If you are not at the address provided for delivery when a delivery attempt is made due to the perishable nature of our Products our courier will not be able to rearrange delivery and will dispose of the Products. You will receive an email from the courier with the attempted delivery action that has been taken. If despite our (and our courier’s) reasonable efforts, we are unable to deliver the Products to the delivery address you have provided, we may end the Contract and you will not be entitled to a refund given the perishable nature of the Products.
7.2 Your legal rights if we deliver Products late – You have legal rights if we deliver Products late. If we miss the delivery deadline for any Products, then you may treat the Contract as at an end straight away if any of the following apply:
7.2.1 we have refused to deliver the Products;
7.2.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.2.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
7.3 Setting a new date for delivery – If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7.2, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
7.4 Ending the Contract for late delivery – If you do choose to treat the Contract as at an end for late delivery under clause 7.2 or clause 7.3, you can cancel your Order for the Products or reject Products that have been delivered.
7.5 Your responsibility for the Products – The Products will be your responsibility from the time our courier has delivered them to the address you provided to us for delivery.
7.6 When you own the Products – You will own the Products once we have received payment in full.
7.7 Dry ice – We use dry ice to maintain frozen temperatures of the Products whilst in transit. It is a widely used method and is safe and effective as long as it is handled correctly. Dry ice is harmful if eaten or swallowed. Dry ice is extremely cold and may cause frostbite if it comes in contact with bare skin. You must:
7.7.1 handle it carefully and in a way that avoids contact with your skin, mouth, or eyes;
7.7.2 not put any of the dry ice in drinks or otherwise attempt to consume dry ice;
7.7.3 keep it out of the reach of children;
7.7.4 carefully dispose of any remaining dry ice from your delivery. Once you have removed your Products from the packaging containing the dry ice, leave the packaged dry ice inside the insulated liner and place in a well-ventilated area. The dry ice will have fully evaporated within 12 hours.
8 Your rights to end the Contract
8.1 Your rights to end the Contract will depend on whether there is anything wrong with the Products, how we are performing the Contract and when you decide to end the Contract and whether you are a consumer or business customer.
8.2 Where you are a consumer, you have a limited right to change your mind – As our Products are perishable goods, which are likely to deteriorate very quickly, they are exempt from your ‘normal’ legal right to change your mind within 14 days of the date of your Order. If you are a consumer and you change your mind and wish to cancel your Order you must notify us in accordance with clause 8.5 before 2pm:
8.2.1 on the day you have placed your Order where you have chosen next business day delivery for your Order; or
8.2.2 on the next working day after the day that you place your Order where you have not chosen next working day delivery for you Order;
and we will refund any sums paid by you for Products not provided.
8.3 Ending the Contract because of something we have done or are going to do – You may end the Contract for the following reasons:
8.3.1 we have told you about an upcoming change to the Products or these Terms which you do not agree to;
8.3.2 we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
8.3.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
8.3.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.3.5 you have a legal right to end the Contract because of something we have done wrong.
in these circumstances, we will refund you in full for any Products which have not been provided.
8.4 You also have the right to change your mind if the Products are faulty or not as described. In these circumstances you may be entitled to a refund or exchange. However, you can still end the Contract before it is completed as detailed in clauses 8.3.
8.5 Where you have the right to and are ending the Contract under clause 8.2 or for one of the reasons under clause 8.3, you must do so by emailing us at firstname.lastname@example.org with your order number and delivery address and the Contract will immediately come to an end.
9 Our rights to end the Contract
9.1 We may end the Contract for a Product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
9.1.3 you do not, within a reasonable time, allow us to deliver the Products to you.
9.2 If we end the Contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
10 We may withdraw Products
10.1 We may write to you to let you know that we are going to stop providing a Product you have ordered. We will give you as much notice as is reasonably possible in the circumstances and will refund any sums you have paid in advance for Products which will not be provided.
11 If there is an issue with the Products
11.1 If you have any questions or complaints about the Products, or if you end the Contract after you have received the Products because the Products are different than those described in your Order or the Products do not comply with the assurances we give under the Contract (or which we are required to give by law), please call us on 0333 210 0530 or email us at email@example.com to replace the Products, or refund the price of the Products.
11.2 How we will refund you – We will refund you the price you paid for the Products via your Payment Method. Any refunds due will be paid to you as soon as possible, in any event, your refund will be made within 14 days of your telling us you wish to end the Contract.
11.3 The terms of the Contract shall apply to any replacement Products supplied by Sykes.
11.4 Due to the perishable nature of the Products, Sykes cannot accept returns of the Products.
Your rights in respect of defective Products if you are a consumer
11.5 We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these Terms will affect your legal rights.
Your rights in respect of defective products if you are a business
11.6 Subject to clause 11.8, if you are a business customer we warrant that on delivery the Products shall conform with their description.
11.7 Subject to clause 11.6 if you give written notice to Sykes within 1 business day of delivery that the Products do not comply with the warranty set out in Condition 11.6, Sykes may, at its option, replace the Products, or refund the price of the Products. Notwithstanding the foregoing, Sykes shall be given reasonable opportunity to examine the alleged deflect to determine (in its sole discretion) whether the Products do not comply with the warranty.
11.8 We will not be liable for a Product’s failure to comply with the warranty in clause 11.6 if:
11.8.1 you make any further use of such Product after giving a notice in accordance with clause 11.7;
11.8.2 the defect arises because you failed to follow our oral or written instructions as to the storage (including storage temperature), use of the Product or where no such good trade practice regarding the storage and use of instructions are provided by Sykes, perishable goods, the Products of the same nature as the Products and the Products are not resalable;
11.8.3 the defect arises because you failed to follow Sykes’s oral or written instructions as to the storage (including storage temperature), use of the Products or where no such good trade practice regarding the storage and use of instructions are provided by Sykes, perishable goods, the Products of the same nature as the Products and the Products are not resalable; or
11.8.4 the defect arises as a result of wilful damage, negligence, or abnormal storage or working conditions.
11.9 Where you are a business, except as provided in this clause 11, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in clause 11.6 and the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
12 Our responsibility for loss or damage suffered by you if you are a consumer
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
12.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and
12.2.4 defective products under the Consumer Protection Act 1987
12.3 We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any such commercial, business or re-sale usage is strictly prohibited.
13 Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these Terms shall limit or exclude our liability for:
13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the Terms implied by section 12 of the Sale of Goods Act 1979; or
13.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 11.6 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
13.3 Subject to clause 13.1:
13.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
13.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the price of the Products.
14 How we may use your personal information
15 Other parties who may perform the Contract
You agree that we may instruct other persons, companies or firms to carry out our obligations under the Contract on our behalf, including where we instruct such persons, companies or firms to procure or arrange delivery of the Products to you. You may refer to these Terms for further details and information as regards their services.
16 Other important terms
16.1 We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
16.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 When we use the words writing or written in these Terms, this includes emails and notices posted on our Site.
16.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer – These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
16.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business – If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
* Minimum spend £30 after discount applied. Cannot be used in conjunction with any other offer. Cannot be redeemed for cash. Cannot be redeemed against items on sale. Offer is limited to one per person. Your coupon can be used against your first order only of £30 or more. Only applicable to UK residents. Code must be entered on the cart or checkout page to apply.