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Terms of Sale

Introduction
Please read these terms of sale carefully. 
You will be asked to expressly agree to these terms of sale before you place an order with us.

We will not file a copy of these terms of sale specifically in relation to your order. We may update these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

You may place orders with us:

online (excluding large orders and custom orders) or
by telephone, fax or email.

Interpretation 
In these terms of sale, “we” means Thrillscape Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

Order process – online orders
In order to enter into a contract to purchase products from us online, you will need to take the following steps: 

  • add the products you wish to purchase to your shopping cart, and then proceed to the checkout
  • if you are a new customer, you may create an account with us, verify your email address by clicking on the link in the email we will send you, and log in; if you are an existing registered customer, you must enter your login details
  • you must select your preferred delivery method and add any order comments and
  • you will then transfer to the website of Gate2Shop to submit your payment.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order using the website interface.

When we have received your order we will send you an initial acknowledgement. Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

Order process – telephone, fax and email
We cannot accept large orders (orders for more than 1000 items) or custom orders online. All such orders must be made by telephone, fax or email.

Excluding online contracts entered into in accordance with Section 3, a contract for supply of products by us to you will only come into force after the following conditions have been fulfilled:

we have sent to you a copy of these terms of sale, together with details of the particulars of your order (including the products ordered and prices payable) and
you have given us your written acceptance of these terms of sale and the order particulars.

The written acceptance referred to in (b) above must be given within 5 business days following the date of issue of the terms of sale and order particulars documents. If acceptance is received after that date, a contract will only come into force of we confirm the contract in writing or actually fulfil the order.

The products
We offer a range of vending machines- the Vend Box and related products, including: Gourmet Popcorn

Price
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when we send you your order confirmation.

In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product. Please refer to the delivery policy on our website for more details.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

Payment
Unless otherwise agreed, payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. 

All payments are debited in GBP. If your card account is not denominated in GBP, you may also be charged a conversion fee by your bank, and the final price you pay will be calculated by your bank on the day your bank processes the transaction. 

Payment for all products must be made by credit card, cheque or bank transfer. All credit/debit card transactions are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable in respect of any delay or non-delivery. 

Where we agree that payment does not need to be made 100% in advance, then we will require at least a 50% advance payment. The outstanding amount must be paid pre-delivery. Once we are ready to dispatch your products, we will send you a notice, and you must pay the outstanding amount within 5 days of the date of issue of the notice. 

If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

The prices on the website include all value added taxes (where applicable).

Custom Duties and Taxes
Prices quoted to you on our website or to you in writing (including by email) do not include any taxes, or any other customs, import or other duties in respect of the sale and, where applicable, importation of your order to your chosen delivery point. Where such tax and duties are applicable, you are responsible for paying them to the relevant authorities.

Please understand that in order to provide you with the best quality of merchandize, we may, from time to time, have to order it from abroad. By placing an order with us, you’re accepting these terms, as well as our Privacy policy, terms of sale, delivery policy, Returns policy and the terms of website use of his website. 

As such, we request our customers to sign an order confirmation confirming that they have read and accepted in full the current Thrillscape Ltd terms and conditions of Sale and delivery. 

The current prices of the product quotes on our website, or those emailed to you via email or any other form of communication do not include taxes, or custom charges or import costs or any other duty charges with respect to sales where this may be necessary or applicable. 

But should there be any need to pay the above fees to procure your merchandize, you, the client, will be responsible for paying them to the relevant authorities. 

Your warranties
You warrant to us that:

you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale
the information provided in your order is accurate and complete and
you will be able to accept delivery of the products.

Delivery and returns policy
Please consult the delivery and returns policies on our website for details.

Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

  • delivery of the products and
  • receipt by us of full payment of all sums due in respect of the products (including delivery charges).
  • Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.


We will be entitled to recover payment for the products even where ownership has not passed to you.

Business customers: warranties
This Section applies only to business customers, not consumers.

We warrant to business customers that the products purchased from our website will:

conform in all material respects to any applicable specification of such products issued by us and
be free from material defects in materials and workmanship for a period of 12 months from the date of delivery of the products.

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 13, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

Force majeure
In this Section and Section 16 below, “force majeure event” means:

  • any event which is beyond our reasonable control
  • the unavailability of raw materials, components or products and/or
  • power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
  • Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.


If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability. Nor will these terms of sale affect any statutory rights you may have as a consumer.

Subject to this, our liability to you under or in connection with these terms of sale, whether for in contract, tort (including negligence) or otherwise, will be limited in accordance with the following provisions of this Section.

We will not be liable for any losses arising out of any force majeure event.

We will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party.

If you are a business customer, our liability in connection with any product purchased through our website is strictly limited to the higher of the purchase price of the relevant product or products and the replacement cost of the relevant product or products.

If you are a business customer, we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage.

We take reasonable care to keep your order and payment details secure but, in the absence of negligence on our part and subject to paragraph 1 of this Section 13, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.

Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

  • you cease to trade
  • you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you
  • a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court
  • the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums or
  • any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

Consequences of cancellation
Upon the cancellation of a contract in accordance with Section 15:

we will cease to have any obligation to deliver products which are undelivered at the date of cancellation
you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products) and
all the other provisions of these terms of sale will cease to have effect, except that those Sections that are intended (expressly or impliedly) to survive termination will do so, in accordance with their terms or otherwise indefinitely.


Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights and do not govern the provision of any services by us or any third party in relation to the products.

General terms
Images of products on our website are for illustrative purposes actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 13: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

About us
Our full name is Thrillscape UK Ltd.
Our registered address is 85 High Street, Tunbridge wells, Kent, TN1 1XP.
Our company registration number is 8974767.
Our email address is info@thevendbox.com