Terms & Conditions
ONLINE ORDERING - TERMS & CONDITIONS OF TRADE
These Terms and Conditions govern ordering from Suma including through our website (Suma, we, us). Please read them carefully as they refer to you, (the customer, the Account Holder) and your rights and liabilities under the law. Please also print and keep a copy of them for your reference.
If you do not agree to these Terms and Conditions, please do not register an account with us. Please note that to use any of the services provided on the www. suma.coop/wholesale site, you are required to register as an authorised user on the site. Suma reserves the right to decline a registration request at its sole discretion.
1. Use of www.suma.coop/wholesale
- The www.suma.coop/wholesale site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using www.suma.coop/wholesale site you agree to be bound by these Terms and Conditions.
- These Terms and Conditions do not affect your statutory rights. Any questions concerning these Terms and Conditions or issues arising therefrom should be directed to:
- Suma Wholefoods
- Lacy Way
- Lowfields Business Park
- W. Yorks
- HX5 9DB
- +44 (0)1422 313845
- Triangle Wholefoods Collective Ltd
- T/A Suma Foods
- West Yorkshire
- HX5 9DB
- +44 (0)1422 313840
- +44 (0)1422 313869
- Registered Office
- Unit G15
- Lacy Way
- Lowfields Business Park
- HX5 9DB
VAT number: GB313417003
Registered with the FSA. No. 21975R
- To register with www.suma.coop/wholesale you must be over 18 years of age. You must ensure that the details you provide on registration or at any other time are true, accurate, current and complete in all respects.
- You must inform us immediately of any changes to the information that you provided at the time of your registration to use the site by updating your personal details on the site or by contacting Suma Customer Information.
- In registering to use the www.suma.coop/wholesale site you undertake not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3. Password & security.
- When you register to use the www.suma.coop/wholesale site you will be asked to create a unique password. This password is the account holder password and as account holder you will be liable for all activities and orders that occur or are submitted under this password.
- If www.suma.coop/wholesale has reason to believe that there is likely to be a breach of security or misuse of the www.suma.coop/wholesale site, we may require you to change your password or we may suspend your account at our sole discretion.
4. Order confirmation.
- Following receipt of your order you will be sent an acknowledgement by email detailing the price of the goods you have ordered and any associated delivery costs to be charged to you.
- At all times our acceptance of an order is subject to our terms and conditions, as stated in our acknowledgement and acceptance emails.
5. Our Rights
We reserve the right to:
- Modify or withdraw, temporarily or permanently, our website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
- Change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.
- If your account has been inactive for 13 months or more we reserve the right to make your account dormant.
General Terms and Conditions
6. Prices / Delivery Charges
- Prices noted either on our website or in our pricelist are for guidance purposes only and are subject to changes from time to time to reflect changes in Suma's material and/or production costs.
- The Company reserves the right to change prices without notice
- They do not include any VAT payable and do not reflect any discount to which a customer may be entitled at our discretion. Unless otherwise expressly stated in writing, all prices are payable in pound sterling. Customers can turn VAT
- Except for items ordered and sold individually by weight (e.g. some cheese), the price of the goods will be as quoted on the order acknowledgement communication, subject only to any inadvertent technical error for which we will not be liable.
- If you subsequently add items to your order, the prices charged will be those applicable to the additional items at the time that the amended order is acknowledged.
- Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted.
- Please note that as promotions are offered for a limited period of time, subsequent amendments to any orders may mean that certain promotions are no longer available.
- Where items are ordered and sold individually by weight, the price of these items will be the price on the date that they are weighed. Although we have an indicative weight guide on the website or via telephone, this is merely to assist your planning and the price you will be charged is the price for the actual weight you receive.
- We make every effort to ensure that our prices are correct right up to the minute, and we aim to have our prices up to date 100% of the time. However, there may be occasions when there is a delay in updating our web prices. For that reason, prices quoted on the website are for guidance purposes only. Except items ordered and sold individually by weight (e.g. some cheeses), the price you will be charged for the goods will be as quoted in the order acknowledgement email you received after placing the order, subject only to any inadvertent technical error for which we will not be liable.
7. Orders, Additions and Right to Cancel
- Unless notified to you when registering, orders must be received no later than midday on the day preceding scheduled despatch to your area.
- Any additions to the order must be received no later than 2 pm on the day preceding scheduled despatch to your area.
- You do not have the right to cancel the order at any time after 2 pm on the day preceding the scheduled despatch to your area.
- Should you wish to cancel your order after this time, as detailed in our Terms and Conditions, but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the items contained in your order and the cost of delivery.
8. Orders containing alcohol
- Under the Licensing Act 2003, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to the maximum fine on conviction of £1000.
- Suma is committed to upholding both its legal and social obligations as a reseller of intoxicating liquor. To achieve this, persons ordering alcohol are required to confirm that they are over 18 years of age and to set up a special password for use when placing subsequent orders involving alcohol. Any such password must in no circumstances be made available to persons under 18 years of age. If it is suspected at any time that any such password has become available to someone under 18 years of age, Suma must be notified directly and a new password agreed.
- In accepting these conditions you agree to provide Suma with truthful and accurate information and act by the Licensing Act of 2003.
- Any orders containing alcohol, delivered and left unattended at the customer's express request, will become the sole liability of that customer from the point of delivery and Suma, as the supplier, will be exonerated from any contraventions of the Licensing Act of 2003, arising therefrom.
9. Special Offers and Promotions
- From time to time at our sole discretion, purchases of goods may be subject to special offers. If such a special offer applies to your purchase, the terms of such a special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
- We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
- We reserve the right to offer different customers different special offers and/or promotions.
10. Delivery/Collection Arrangements
- Deliveries will not be available on any days when Suma is closed for business. e.g bank holidays.
- Orders for collection are scheduled in agreement with Suma distribution and collected at appointed times during normal hours of business.
11. Delivery Restrictions.
- Delivery will be available in designated scheduled delivery areas on our own Suma trucks. We can arrange delivery outside of these areas through third party carriers.
- We reserve the right to restrict deliveries in certain areas, and this includes the right to non-delivery to individual customers' addresses in exceptional circumstances.
- We may, at our sole discretion, arrange delivery through a third-party courier company to deliver outside the catchment of our scheduled deliveries.
- Any time or day quoted by Suma for delivery of all or any of the goods is an estimate only. If no dates are specified, delivery shall be within a reasonable time. Please call our distribution team on 01422 313856 with any delivery queries.
- Subject to the other provisions of these conditions we shall not be liable for any direct, indirect or consequential loss (all three of which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by the company's negligence), nor shall any delay entitle the buyer to terminate or rescind the Contract unless such delay exceeds 30 days.
- We reserve the right to deliver by instalments and to treat each instalment as a separate and distinct contract.
- Delivery will be made to the address specified by you when you register with Suma. Unless you specify a different address when asked to confirm the delivery address. Changing your normal delivery address may mean that your delivery day changes.
- Delivery and risk of the goods shall take place at these premises, where the customer shall provide adequate and appropriate equipment and/or labour for unloading the goods at the customer's liability and expense.
- You can change your delivery address by calling or emailing us and you are obliged to do this if you move so that we can deliver to the correct address.
- Products are offered for sale subject to availability and prevailing market conditions. Suma may limit the number of goods (especially if these are on a special or promotional offer) supplied to any one customer.
- In the event of any goods ordered being out of stock, you will be notified when placing your order, or if ordering online, your order acknowledgement communication will alert you to that possibility. To arrange a substitute item or items, please contact our sales team.
- We will always try to supply you with the full quantities of goods that you have ordered.
- We take special care to endeavour to make deliveries at a time that suits our customers within reasonable operating parameters. If no one is at the appointed address when the delivery is attempted and no contact with the account holder or the account holder's representative can be made, resulting in non-delivery of the goods, Suma reserves the right to charge the account holder in full for the items ordered and for associated transport costs.
- If, for any reason, the buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions, documents, licences or authorisations at the time notified by the company, then:-
- Risk in the goods shall pass to the buyer (including for loss or damage caused by the company's negligence); the goods shall be deemed to have been delivered; and the Company may at its discretion either store the goods and charge the buyer for all related costs and expenses (including without limitation, storage and insurance); or sell the goods at any time at the best price readily obtainable and (after deducting all related costs and expenses) account to the buyer for the excess over the contract price or charge the buyer for any shortfall below the price under the contract.
- Please note that adverse weather conditions or other events beyond our reasonable control may result in the occasional late or aborted delivery. If that is the case, we will contact you as soon as is practicable to reschedule your delivery time and date.
- Suma will ordinarily only make deliveries when an appropriate person, who must be aged 18 or above, is available to receive and sign for the delivery. If you instruct us to leave the delivery unattended at a specific address, Suma expressly disclaims all liability that may arise by the delivery being left unattended for any period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items that need to be kept chilled or frozen.
- The company is unable to accept returns of temperature-controlled goods unless the goods are rejected at the point of delivery
13. Risk and Title
- Risk to the goods shall pass to the buyer at the time of delivery.
- Notwithstanding the passing of risk at the time of delivery, ownership of and title of the goods shall remain in the company unless and until payment in full has been made to the company for the goods and for all other sums which are or which become due to the company from the buyer on any account.
- Until ownership of the goods has passed to the buyer, the buyer shall;
- Hold the goods on a fiduciary basis as the company's bailee;
- Store the goods and any such new product or products and any goods in a processed condition separately from all other goods and products and properly protect and keep them identifiable as the company's property; not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and
- Maintain the goods in a satisfactory condition and keep them insured on the company's behalf for their full price against all risks to the reasonable satisfaction of the company. On request, the buyer shall promptly produce the policy of insurance to the company.
- The buyer shall grant Suma, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored to inspect them, or, where the buyer's right of possession has terminated, to recover them.
14. Methods Of Payment
- Please always quote your Suma customer number when you contact us.
- Our preferred method of payment is by debit card or bank transfer. We ask for one single payment even if you have multiple invoices â€“ this keeps our admin and card charges down.
- All goods supplied remain the property of Suma until they have been paid for. Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
- All payments payable to the company under the Contract shall become due immediately on its termination despite any other provision.
- The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set/off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
- Where payment is made using any bill of exchange, cheque or another negotiable instrument, the company shall be deemed not to have received payment for this condition unless and until the bill of exchange, cheque or another negotiable instrument shall have been honoured on a presentation for payment.
15. Card payments
- We can take credit and debit card payments. We don't accept Diners Club.
- You can pay for your orders automatically by registering your card with us. You can do this by calling our payments line on +44 (0)1422 313878 or our credit control team on +44 (0)1422 313847. We will then automatically debit the card after the agreed number of credit days (see account terms and credit agreement terms below).
- We will use a card payments company to store your card data for future transactions and to process payments. They will hold the data until the expiry date of the card and the system is fully PCI compliant (PCI level 1) so your data is secure.
16. Bank transfer
- We can provide our bank details and you can set up a payment to go from your bank to ours â€“ please contact our credit control team on +44 (0)1422 313847 or email firstname.lastname@example.org to organise this.
- We don’t accept payment by Paypal.
- You can also pay as you go along and call our credit control team on +44 (0)1422 313847 to make a payment over the telephone.
- We can accept cheques either by post or to the driver upon point of delivery but we do encourage our customers to use debit cards or bank transfer as it's a safer and quicker method of payment.
- We do not accept cash payments to the driver.
17. Making a credit claim
- If you have an item that is damaged or missing from your order you can call our claims team on +44 (0)1422 313860 or email email@example.com. Please ensure you have your account number, invoice number and the item number or item code ready.
- If agreed by the claims team we will then process your claim for that item. This will be shown as a credit on your account to be deducted from future payments.
- Any credit can then be automatically deducted from the payment due on your account.
- You can request a returns pad from us which you can use to return items and request credit claims once the driver has left. Usually you can return items to our driver on your next delivery with the completed returns form and the credit will be processed within 5 working days.
18. Account terms and credit agreements
- Payment for your first order from Suma will always need to be made before we despatch the order.
- Most Suma customers are set up with seven days credit as standard â€“ this means that after seven days you will be liable to pay the full amount of the due invoices on your account. If you require more credit days please contact our credit control team on +44 (0)1422 313847 or email firstname.lastname@example.org and provide two trade references. We will then follow these up and contact you with the proposed credit terms.
- Any discount having been previously agreed may be removed if the payment period falls outside of that agreement.
- The buyer will be responsible for any collection costs which may be incurred by the company in the legitimate process of collection of monies due.
- Payment shall be made in full within the time agreed for payment between the company and the buyer ('the due date'). In the absence of a written agreement to the contrary, the due date will be the date of delivery. Interest at the annual rate of 8% above the base lending rate from time to time of The National Westminster Bank will be charged daily (both before and after judgement) on all monies outstanding after the due date until the date of actual payment. The company reserves the right to claim interest under the Late Payment of Commercial Debts (Interests) Act 1998.
- The company reserves the right to check details supplied by the buyer with a credit reference agency including information from the electoral register and fraud prevention agencies. A record of this search will be kept and the search details and other information which is supplied to the company may be used by the company. This information may also be used for debt tracing and the prevention of money laundering as well as the management of the buyer's account. The company may also pass information to financial and other organisations involved in fraud prevention to protect the company and its associates from theft and fraud. For the avoidance of doubt, the company shall at all times comply with the provisions of the Data Protection Act 1998.
- If you wish to discuss your credit limit, contact our credit control team on +44 (0)1422 313847.
19. Termination and Suspension
- Without prejudice to any rights and remedies available to it, the company shall be entitled, forthwith on written notice to the buyer either to terminate wholly or in part the contract and/or any other contract with the buyer or to withhold performance of all or any of its obligations under the contract (and on the giving of such notice all monies outstanding from the buyer to the company shall become immediately due and payable) if :
- Any sum owing to the company from the buyer on any account whatsoever shall be unpaid after the due date (in which event the company shall have a general lien for any such sum on all and any property of the buyer in its possession);
- The buyer refuses to take delivery of or collect any of the Goods;
- The buyer has a bankruptcy order made against it or makes an arrangement or composition with its creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the buyer or notice of intention to appoint an administrator is given by the buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding up of the buyer or for the granting of an administration order in respect of the buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the buyer;
- The buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the contract or any other contract between the company and the buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the buyer ceases to trade;
- The Buyer encumbers or in any way charges any of the goods;
- The Buyer commits any breach of contract with the company; or
- If, at its absolute discretion the company considers the buyer's credit status to be unsatisfactory.
20. Defective Orders
- The buyer shall carry out a thorough inspection of the goods which are the subject of the contract ('the goods') within seven working days after their delivery and shall give immediate written notification to the company of any defects, short delivery, loss or damage, which a reasonable examination would have revealed.
- The company must be given an adequate opportunity to inspect and where necessary to re-weigh or re-count.
- Any such notification must be identified by your Suma customer account number and include the serial number of the invoice on which the goods were charged together with the product code or codes to which the claim refers.
- Provided that you notify us of these terms, we will promptly issue you with the appropriate credit note. We will arrange with you for the goods to be returned to us suitably packaged and promptly.
- Suma reserves the right to reject claims against orders lodged any later than seven days after the day on which the delivery is made.
- In any event, our liability will be limited to the price of the goods in question notwithstanding our liability of death or personal injury resulting from our negligence, breach of contract or breach of statutory duty.
- In the event of any notice being given by the above, and the company in its reasonable opinion considering that there is a case of non-delivery or short delivery, the liability of the company shall be limited to replacing the Goods within a reasonable time or issuing a credit note pro-rata against any invoice raised for such goods.
- In the absence of notification as above, the company shall not be liable for any non-delivery or short delivery of goods, even if caused by the company's negligence.
21. Warranty and Liability
- The Company warrants that (subject to the other provisions of these conditions) upon delivery and for the period of one month thereafter, the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act. Additionally, the Company warrants that (subject to the other provisions of these conditions) chilled produce shall have a shelf life of a minimum of five days.
- The company shall not be liable for a breach of the warranty in section 7.1 unless:
- The buyer gives written notice of the defect to the company within seven days of the time when the buyer discovers or ought to have discovered the defect; and
- The company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the company's place of business at the company's cost for the examination to take place there.
- The company shall not be liable for a breach of the warranty in condition 7.1 if:
- The buyer makes any further use of such Goods after giving such notice; or
- The defect arises because the buyer failed to follow the company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
- The Buyer alters or repairs such Goods without the written consent of the company.
- Subject to conditions 7.2 and 7.3, the company shall make good at its option by repairing or replacing such Goods (or the defective part) or refunding the price of such goods at the pro rata contract rate.
- If the company complies with condition 7.4 it shall have no further liability for a breach of the warranty in condition 7.1 in respect of such goods.
- Where any such defect is due to a fault in any part or ingredient used in the goods and not manufactured by the company, the buyer shall be entitled, as against the company, only to such remedy as the company may be able to obtain against the relevant manufacturer and supplier.
- Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty.
- Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the price of the goods contained in that order.
- If Suma has to conduct a product recall, we will only be liable for the costs of the goods sold.
- We will not be deemed to be in breach of contract or these Terms and Conditions as a result of any delays in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
22. Limitation of Liability
- Subject to previous conditions, the following provisions set out the entire financial liability of the company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the buyer in respect of:
- Any breach of these conditions;
- Any use made or resale by the buyer of any of the goods, or of any product incorporating any of the goods; and
- Any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract.
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
- Nothing in these conditions excludes or limits the liability of the company:
- For death or personal injury caused by the company's negligence;
- Under section 2 (3) of the Consumer Protection Act 1987;
- For any matter which it would be illegal for the company to exclude or attempt to exclude its liability; or
- For fraud or fraudulent misrepresentation.
- Subject to conditions 8.2 and 8.3:
- The company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and
- The company shall not be liable to the buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
- Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the buyer are not affected by these conditions.
- If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
- All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of Suma's websites shall remain at all times vested in us or our licensors.
- You are permitted to use the material data and content only for your personal use in placing orders through sumawholesale.coop, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the sumawholesale.coop website without Suma's prior written permission. Suma may impose a fee on any proposed use of the material data and content on its website, other than placing orders through the website www.suma.coop/wholesale.
- These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts about any dispute which may arise between them.