Terms & Conditions

1. About us and these terms

1.1 This website is operated by E.P.A. FOODS LIMITED, a company registered in England and Wales under company number 03701210, whose registered office and trading address is Unit 15, 53 Lewisher Road, Leicester, England, LE4 9LR. Our VAT registration number is 729 3581 09. We trade as Abbey Foods.

1.2 These terms govern both your use of this website and the sale of goods by us to you. Please read them carefully. By registering for a trade account, submitting an order, or otherwise using this website, you confirm that you accept these terms.

1.3 This is a trade-only, business-to-business service. We do not sell to consumers. By registering for an account and by placing any order, you warrant that you are acting in the course of a business and not as a consumer, and you acknowledge that consumer protection legislation (including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) does not apply to sales made under these terms.

1.4 These terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any terms or conditions contained in or referred to by your purchase order, order acknowledgement, specification or other document shall have no effect, whether or not we sign or return such document.

1.5 We may amend these terms from time to time by publishing a revised version on this website. The version in force at the time we confirm your order will apply to that order. We recommend you review these terms each time you place an order.

1.6 Certain operational details — including our opening hours, delivery service area, minimum order values for delivery, delivery charges and delivery days — are set out on our Delivery & Collection Information page, which forms part of these terms and which we may update from time to time.

2. Website terms of use

2.1 The catalogue, product information, images, pricing and other content on this website are provided for the use of trade customers and prospective trade customers only.

2.2 You must not copy, scrape, extract, resell, republish or otherwise exploit our catalogue data, pricing or images, whether by automated means or otherwise, without our prior written permission.

2.3 You must keep your login credentials confidential and must notify us immediately if you believe they have been disclosed to, or used by, any unauthorised person. Accounts are issued to a single business and may not be shared with, or transferred to, any other business.

2.4 You are responsible for all activity carried out under your account, including all orders placed and any saved order history accessed.

2.5 Product images are illustrative only. Packaging, pack size, pack format and branding may vary. You should always check the product label on the goods supplied.

2.6 We may suspend, restrict or withdraw access to this website, to your account or to trade pricing at any time, including where we consider that these terms have been breached.

2.7 We do not guarantee that this website will be available uninterrupted or error-free, and we may suspend, withdraw or restrict all or part of it for business or operational reasons.

3. Trade accounts

3.1 Trade accounts are granted at our discretion following review of your application. We may request proof of trading, VAT registration, company details or identity before approving an account, and may decline an application without giving reasons.

3.2 Approved accounts are assigned pricing determined by us. Your approved pricing determines the prices displayed to you when logged in, and may differ depending on whether you have selected collection or delivery.

3.3 We may review, vary or withdraw your account or your approved pricing at any time. We will notify you when we do so.

3.4 You must keep the information held on your account accurate and up to date, and must notify us promptly of any change to your business name, trading address, delivery address, contact details, VAT registration status or ownership.

3.5 You must notify us immediately if you become, or are likely to become, subject to any insolvency event, including if you are unable to pay your debts as they fall due, enter into any arrangement with creditors, or have an administrator, receiver or liquidator appointed.

4. Quotes, orders and prices

4.1 Prices displayed to logged-in trade customers reflect your approved pricing and whether you have selected collection or delivery. All prices are exclusive of VAT unless expressly stated otherwise.

4.2 A quote, basket or order submitted through this website constitutes a request by you to purchase goods and does not constitute a contract. A binding contract is formed only when we confirm the order in writing, or issue an invoice or draft order in respect of it.

4.3 Quotes are valid for 5 working days from issue unless stated otherwise, and remain subject to stock availability.

4.4 Prices may change without notice as a result of supplier price movements, duty, taxes or exchange-rate movements. The price stated on your confirmed order or invoice is the price that applies.

4.5 Obvious pricing, typographical or descriptive errors do not bind us. Where we identify such an error we will contact you before proceeding, and you may confirm the order at the corrected price or cancel it.

4.6 We are not obliged to accept any order, and may decline or limit any order at our discretion.

5. Product information and availability

5.1 We supply ambient and dry goods only. We do not supply chilled or frozen products.

5.2 Product descriptions, ingredient listings, allergen information and nutritional data displayed on this website are provided to us by our suppliers and manufacturers and are passed on in good faith. Such information may change without notice, and the information printed on the product label supplied to you always takes precedence. You must check the physical product label before resale, further processing or providing information to your own customers.

5.3 Where a product line is unavailable, we will cancel that line from your order and supply the remainder. We do not substitute products without your agreement. Where a line is cancelled, you will not be charged for it.

5.4 Stock availability shown on this website is indicative and is not a guarantee that stock will be available at the time of picking.

6. Payment

6.1 We accept payment by bank transfer, online payment through this website, payment link, and card at our depot. Cash may be accepted on collection only where this has been agreed with us in advance.

6.2 Unless credit terms have been agreed with you in writing, payment is due in full before collection or dispatch. New customers are required to pay in advance.

6.3 Credit terms are granted at our discretion on a case-by-case basis and, where granted, are subject to any credit limit we notify to you. Where credit terms are agreed, invoices are payable strictly within the agreed period.

6.4 Time for payment is of the essence.

6.5 If you fail to pay any sum when due, we may charge interest, fixed sum compensation and reasonable recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend further supply, place your account on hold, or withdraw credit terms, until payment is received in full.

6.6 You must pay all amounts due in full without any set-off, counterclaim, deduction or withholding, except as required by law. We may at any time set off any amount owing to us by you against any amount payable by us to you.

7. Retention of title and risk

7.1 Risk in the goods passes to you on collection or on delivery.

7.2 Title to the goods does not pass to you until we have received payment in full and in cleared funds of all sums due from you to us on any account, whether in respect of those goods or otherwise.

7.3 Until title passes, you must:

• (a) hold the goods as our fiduciary agent and bailee;
• (b) store the goods separately from your own goods and those of third parties, in satisfactory condition and in accordance with the storage conditions stated on the packaging, so that they remain readily identifiable as our property;
• (c) not remove, deface or obscure any identifying mark or packaging; and
• (d) maintain the goods in satisfactory condition and keep them insured against all usual risks for their full price from the date of delivery.

7.4 You may resell the goods in the ordinary course of your business before title has passed. Where you do so, you sell as principal and not as our agent, and you must hold the proceeds of sale on trust for us and keep them separately identifiable from your own monies to the extent of the sums you owe us.

7.5 Your right to possession of the goods terminates immediately if you fail to make payment when due, or if any insolvency event referred to in clause 3.5 occurs or is likely to occur.

7.6 On termination of your right to possession, you must at our request deliver up all goods in which title has not passed. If you fail to do so, we or our representatives may enter any premises where the goods are stored, during normal business hours, in order to recover them. You grant us an irrevocable licence for this purpose.

8. Collection and delivery

8.1 Collection is available from our Leicester depot during our published opening hours.

8.2 Delivery is available within our service area and is arranged on a case-by-case basis. Minimum order values, delivery charges, service area and delivery days are as notified to you. Delivery pricing differs from collection pricing.

8.3 Delivery and collection dates and times are estimates only and are not guaranteed. Time of delivery is not of the essence.

8.4 You must ensure that a suitable person is available at the delivery address to receive and check the goods, and that safe and reasonable access is available.

8.5 If delivery cannot be completed because no suitable person is available, because access is not available, or because the goods are refused without good reason, we may return the goods to our depot and charge you for the failed delivery and any redelivery. Risk in the goods passes to you at the point of attempted delivery.

8.6 You must check the goods on collection or delivery. Shortages, visible damage, or incorrect items must be noted on the delivery or collection documentation where possible and in any event reported to us within 24 hours of collection or delivery.

8.7 Defects that are not reasonably apparent on inspection at the point of collection or delivery must be reported to us as soon as reasonably practicable after discovery, and in any event before the expiry of the product's date marking.

8.8 We may deliver an order in instalments. Where we do so, each instalment is treated as a separate contract, and a defect in one instalment does not entitle you to cancel any other instalment.

9. Returns and food safety

9.1 As a food wholesaler, we cannot accept returns of goods that have been opened, or that have been stored outside the conditions stated on the packaging.

9.2 Unopened, in-date, undamaged goods in their original packaging may be returned within 7 days of collection or delivery by prior agreement with us. Returns may be subject to a restocking charge, which we will confirm at the time of agreement.

9.3 Goods returned without our prior agreement may be refused, and we accept no responsibility for goods returned in this way.

9.4 You are responsible for compliance with all applicable law in connection with your onward sale or use of the goods, including storage, temperature control, date rotation and code checking, allergen information, and labelling.

9.5 Nothing in these terms limits your rights or our obligations under food safety legislation, or our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

11. Liability

11.1 Subject to clause 9.5, our total liability in respect of any order is limited to the invoice value of that order.

11.2 We are not liable for loss of profit, loss of business, loss of goodwill, loss of anticipated savings, or any indirect or consequential loss.

11.3 Both parties' statutory rights and obligations under the sale of goods legislation applicable to business sales continue to apply.

12. Cancellation, suspension and termination

12.1 Orders may be amended or cancelled before picking begins. Once picking has commenced, or where goods have been ordered specially for you, cancellation may not be possible or may incur a charge.

12.2 We may suspend supply, suspend or close your account, or cancel any order that has not yet been dispatched, with immediate effect, if:

• (a) you fail to pay any sum when due;
• (b) you exceed any credit limit we have set;
• (c) you breach these terms;
• (d) any insolvency event referred to in clause 3.5 occurs or we reasonably believe it is likely to occur; or
• (e) we reasonably believe your account is being used in breach of clause 2.

12.3 Either party may close a trade account by giving written notice. Closure does not affect any order already confirmed or any sums already due.

13. Events outside our control

13.1 We are not liable for any failure or delay in performing our obligations where that failure or delay results from events beyond our reasonable control, including supplier failure, shortage of stock or raw materials, transport or fuel disruption, industrial action, fire, flood, severe weather, epidemic or pandemic, failure of utilities or communications networks, acts of government, or import or customs delays.

13.2 Where such an event occurs, we will notify you and may suspend or cancel affected orders. If the event continues for more than 30 days, either party may cancel the affected order without liability, and we will refund any sums paid in respect of goods not supplied.

14. Data protection

14.1 We handle personal data as described in our Privacy Policy, and use cookies as described in our Cookie Policy.

15. General

15.1 Assignment. You may not assign, transfer or subcontract any of your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations to another entity.

15.2 Waiver. A failure or delay by us in exercising any right under these terms does not constitute a waiver of that right, and does not prevent us from exercising it later.

15.3 Severance. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

15.4 Entire agreement. These terms, together with any document expressly referred to in them, constitute the entire agreement between us in relation to the subject matter, and supersede all previous agreements, representations and understandings. Nothing in this clause limits liability for fraudulent misrepresentation.

15.5 Third party rights. A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

15.6 Notices. Notices under these terms must be given in writing to the address or email address set out in clause 17, or to the contact details registered on your account.

16. Governing law and jurisdiction

16.1 These terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the law of England and Wales.

16.2 The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

17. Contact

E.P.A. FOODS LIMITED trading as Abbey Foods
Unit 15, 53 Lewisher Road, Leicester, England, LE4 9LR
Registered in England and Wales, company number 03701210
VAT registration number 729 3581 09
Telephone: 0116 251 8674
Email: info@abbey-foods.co.uk
WhatsApp: +44 7508 023509