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Terms and Conditions

 

Terms & Conditions of Sale

ChefsWarehouse (Keltrade Ltd) supply equipment and supplies to commercial customers. All sales are contractually treated as business to business (B2B). Private customers (consumers) who order goods via the website should be aware of our B2B terms.

In this Agreement,

the "Customer" means any person or business who places an Order with ChefsWarehouse

the "Goods" means any items sold or supplied by ChefsWarehouse under an Order;

"ChefsWarehouse" is a trading name of Keltrade Ltd a company incorporated in England with company number 09909229 and a registered address at Kel Trade Ltd, Unit 8, Brierley Way, Southern Avenue, Leominster, Herefordshire, HR6 0RW, United Kingdom. Tel 01568 368250

VAT Registration No. GB231003773

"Order" means an order via the website, phone or email to purchase the Goods

Any Order is subject to acceptance by ChefsWarehouse who are not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by ChefsWarehouse does not in itself constitute acceptance by ChefsWarehouse of the Order.

1. Goods being Sold

  1. All product images are for illustrative purposes and though we always aim to ensure they are accurate, the design and colour may differ from the final delivered product.
  2. Special offers are subject to stock availability and are subject to change without prior notice.
  3. Goods ordered in a specific colour, pattern or design are sold subject to stock availability. ChefsWarehouse reserves the right to substitute goods with newer versions or items of comparable or better quality, alternative colour, pattern or design with Customer approval.
  4. Customers placing an order for age-restricted goods such as solvents or knives must confirm that they are 18 years of age and that delivery will be accepted by a person over 18 years of age.

2. Pricing and Payment

  1. All prices listed are subject to the addition of VAT at the applicable rate. VAT inclusive prices are displayed for additional information.
  2. The price applicable is valid at the time an order is made but be aware that prices are reviewed frequently and are subject to change without prior notice.
  3. Although ChefsWarehouse endeavours to ensure all products are correctly described & priced, on rare occasions an error by ourselves or our suppliers may result in a website product price / description to be incorrect. ChefsWarehouse shall be under no obligation to honour the incorrect price or order. In the case of such error, the customer will be contacted, the matter discussed and any resultant refund issued without delay.
  4. The cost savings quoted for products on the website are against our suppliers’ recommended price / published catalogue prices.
  5. Payment for Goods and Delivery for orders made via ChefsWarehouse website may be made using the major debit/credit card operators (some cards are subject to an administration fee) or PayPal. Goods will not be despatched until orders have been paid for.
  6. Products held in stock that are sold out will be displayed on the ChefsWarehouse website but Customers will be prevented from ordering them until new stock arrives. For information, we endeavour to indicate when new stock will be available. Customers will not be able to order a product quantity greater than that currently held in stock.
  7. ChefsWarehouse endeavours to maintain accurate stock inventory levels at all times, however, in the case of accepting an order and payment, for an out of stock or unavailable item, we will contact the Customer without delay to arrange a refund or alternative action (e.g. a backorder or substitute) with the Customer’s approval.

3. Delivery

  1. Delivery charges that may apply and options are published on the ChefsWarehouse website. They are subject to change from time to time.
  2. Standard ‘Next Working Day Delivery’ is available within the UK Mainland for orders placed before 2pm, ChefsWarehouse does not guarantee items will be delivered ‘the next working day’ after this time. “Working Day” refers to Monday to Friday excluding public holidays.
  3. Special delivery services (e.g. Saturday deliveries) are available for most products, options are stated at checkout or available upon application.
  4. Next Working Day Delivery is generally available only for items held in stock. Stock and availability status is indicated against each product on the website including delivery lead time for non-stocked items.
  5. Offshore and more remote area deliveries (outside of UK Mainland zone on the published delivery map) will be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
  6. ChefsWarehouse will always use reasonable endeavours to meet delivery estimates; however, cannot be held liable for any delay in delivery which is beyond our immediate control.
  7. The Customer is responsible for ensuring that all items delivered will fit onto or within their premises. You (the Customer) are advised to check access to premises and all entry door dimensions are adequate to admit the product. Any carrier charges caused by inability to deliver to premises will be passed onto the Customer.
  8. Delivery of large equipment and heavy goods, as standard is a kerb side delivery to a ground floor site. In most cases this will be between the hours of 8.00am and 6.00pm.
  9. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises indicated by the Customer, at Customer's sole risk but please note drivers cannot assist with the unpacking / moving process due to insurance liabilities.
  10. Where delivery is delayed, cancelled or not accepted by the Customer (including due to lack of delivery instructions), ChefsWarehouse reserves the right to charge for cancelled deliveries or for storage at 2% of the invoice value for the respective Goods calculated monthly until a successful delivery can be made.
  11. Any refused/declined delivery charges either directly from ChefsWarehouse or Third Party suppliers will be passed onto the Customer, as appropriate.
  12. Goods delivered are used, stored and installed at the Customer's own risk and ChefsWarehouse will not be liable for any damage, loss or disruption caused by the same.

4. Warranties and Returns

  1. Notification of any goods that need to be returned or any damages caused during delivery must be reported within the first 24 hours after delivery. Damaged items that were not recorded as damaged when signed for, will not be eligible for return. Please check all deliveries thoroughly before signing for them to make sure all products are satisfactory before accepting delivery. Any goods missing in a delivery should be reported to ChefsWarehouse within 48 hours.
  2. Goods are guaranteed according to the manufacturer’s warranty. Unless otherwise stated this will be for 1 year from the date of delivery. Goods reported faulty within the specified warranty period may be repaired, exchanged or replaced at ChefsWarehouse's discretion. Warranty is applicable only within the UK Mainland. Goods marked ˜no commercial warranty' are sold without any warranties unless otherwise stated.    
  3. Please note that certain perishable items will not be covered under warranty such as seals and gaskets nor will any defect in the Goods caused by the fault, negligence or failure of the Customer to use the Goods for their normal intended purpose or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to ChefsWarehouse within 24 hours to qualify for replacement, repair or refund at ChefWarehouse’s discretion.
  4. Certain Goods may be disposed of in accordance with ChefWarehouse’s safety instructions for replacement, exchange or refund by prior approval. ChefWarehouse may in its reasonable discretion, invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without ChefWarehouse’s prior approval. Any Goods repaired or replaced will be guaranteed only for the unexpired or remaining portion of the warranty period of the original Goods that were repaired or replaced.
  5. Any products incorrectly ordered by and delivered to the customer or goods that a Customer wishes to return for an exchange or refund will incur an industry standard restocking/cancellation charge. This constitutes a minimum of 5% of the original order value to cover card handling and all associated administration costs, however, this figure could be higher subject to the status and origin of the order and the goods themselves. Goods can only be returned if unused, in the original packaging and in a saleable condition. If any goods are received in error this must be reported to us within 48 hours to allow us to deal with this effectively. Any issues reported after this time will not be able to be corrected and may be liable for extra charges.
  6. ChefsWarehouse are suppliers of equipment and supplies to commercial customers and all sales are considered a business to business contract. Therefore, we are not obligated to offer refunds or accept returns even if items are unused. If we chose to do so this will be at the discretion of ChefsWarehouse. In this instance we will apply and charge a restock fee that we deem reasonable to cover our costs.
  7. All items carry a minimum of one-year parts only warranty unless otherwise stated, this warranty where applicable is the manufacturer’s warranty.
  8. All commercial gas appliances must be installed by a qualified Gas Safe registered engineer. Failure to do so will void product warranty.
Please refer to Warranty Terms & Conditions for your specific machine for further details. If you are unsure at any point what is covered and what is not covered by warranty please contact our sales office on 01568 368250 (this does not affect your statutory rights).

5. Termination

  1. ChefsWarehouse reserves the right to cancel or suspend any order where payment has not been received or in which payment has failed subject to credit checks or otherwise.
  2. ChefsWarehouse reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of ChefsWarehouse’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
  3. ChefsWarehouse reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents).

 6. Liability

  1. The Customer agrees that ChefsWarehouse will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. ChefsWarehouse will not be liable for any additional damage caused by the Customer's failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Chefswarehouse statutory liability for injury or death.
  2. It is the responsibility of the Customer to be aware of all current legislation regarding beverage making / food preparation equipment and its application/installation, ChefsWarehouse cannot be held responsible for any issues/costs that arise from non-awareness. If there is anything you are unsure of or require clarifying please contact the ChefsWarehouse sales office on 01568 368250

7. WEEE Directive

    As a distributor of commercial catering equipment, we are committed to the protection of the environment and the implementation of the WEEE directive. The most practical way to carry out this system is to offer our customers a collection and disposal service for equipment supplied by us at the end of its life cycle. Due to the nature of this system, extra charges will be incurred if you (the Customer) choose to opt for this service.

8. Intellectual Property Rights and Confidentiality

Goods sold or supplied by ChefsWarehouse may be subject to copyright or license (whether owned by ChefsWarehouse or a Third Party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold ChefsWarehouse harmless for any breach of said covenant or infringement of third party intellectual property rights.

The Customer's data protection and privacy rights under this Agreement are set out in ChefsWarehouse privacy policy on the website.

9. General

  1. No delay or failure on the part of ChefsWarehouse in enforcing any provision of this Agreement shall be deemed to operate as a waiver of any rights held by ChefsWarehouse under this Agreement nor shall any single or partial exercise of any rights or remedies by ChefsWarehouse preclude any other or further exercise of a right or remedy.
  2. Any right, obligation or provision contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable by a court of law then the remainder shall continue in force and effect to the fullest extent permissible by law.
  3. Unless expressly agreed in writing, nothing in this Agreement shall confer any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 (as amended).
  4. ChefsWarehouse reserves the right to sub-contract or assign all or part of the performance and obligations of this Agreement. ChefsWarehouse will use reasonable endeavours to notify the Customer where such sub-contract or assignation takes place.
  5. This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
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