Terms of Service

These Conditions set out the basis on which Sous Chef will enter into the Contract with the Customer for the sale of Goods via the Sous Chef Website.

Sous Chef acknowledges that, in entering into the Contract, the Customer will be either a Consumer or a Business (each of which are defined in clause 1 of these Conditions, below). In some areas of these Conditions, the Customer will have differing rights and obligations depending on whether it is entering into the Contract as a Consumer or a Business. These Conditions will clearly identify which clauses apply to only Businesses and which clauses apply to only Consumers, by including the statement “if the Customer is a Business” or “if the Customer is a Consumer”. Where no such indication is made, the relevant clause shall apply to both Businesses and Consumers.

These Conditions adopt the use of defined terms, which be referred to throughout these Conditions and shall have the meaning given to them in clause 1 these Conditions, immediately below. In the event that the Customer has any queries regarding its legal status, or which of these Conditions apply to it, then it must raise the same prior to entering into the Contract, in accordance with the clause 18 (service of notices).

1. DEFINITIONS AND INTERPRETATION

1.1. The following definitions apply in these Conditions:

Business: a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Conditions: these terms and conditions.

Confidential Information: information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of a party for the time being confidential to it and trade secrets including, without limitation, technical data and know-how relating to its business or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts and, whether or not such information (if in anything other than oral form) is marked confidential.

Consumer: an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.

Contract: the contract between Sous Chef and the Customer for the sale of Goods in accordance with these Conditions.

Customer: the Business or Consumer to which or whom Sous Chef wishes to provide the Goods and which wishes to purchase the Goods from Sous Chef.

Delivery Location: the Customer’s premises or other such location as may be confirmed by Sous Chef within the Shipping Confirmation.

Force Majeure Event: any circumstance not within a party’s reasonable control including, without limitation acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, restrictions arising out any other Force Majeure Event; collapse of buildings, fire, explosion or accident; and interruption or failure of utility service.

Goods: the goods (or any part of them), as set out in the Order, having been referred to initially within the Promotional Materials and any applicable Requirements.

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Losses: any actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements.

Order: the Customer’s order for the supply of Goods.

Order Acknowledgement: the written acknowledgement of the Order issued by Sous Chef.

Promotional Materials: the Sous Chef Website, Sous Chef’s catalogues, brochures or such other applicable sales or promotional literature, materials or publications.

Requirements: any requirements relating to the Goods agreed by the Customer and Sous Chef.

Serviced Countries: means the United Kingdom and those member states of the European Union from time to time.

Shipping Confirmation: the written confirmation that the Goods are to be shipped and that the Order has been accepted issued by Sous Chef
Sous Chef: Speciality Cooking Supplies Limited t/as Sous Chef, a company registered in England and Wales with company number 07733151 and whose registered office is Office 9, Access Storage Building, 15 Tottenham Lane, London, England, N8 9DJ

Sous Chef Website: souschefb.shop

1.2. In these Conditions, the following rules of interpretation apply:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to a party includes its personal representatives, successors or permitted assigns;

(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

(d) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;

(e) a reference to writing or written includes and emails; and

(f) unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

2. USE OF THE SOUS CHEF WEBSITE AND FORMATION OF CONTRACT

2.1. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2. If the Customer wishes to purchase the Goods based on Sous Chef’s published price list (which can be found on the Sous Chef Website), then the Customer shall first be required to raise an Order for the Goods.

2.3. An Order can be raised in the following ways:

(a) via the Sous Chef Website (either by creating an account or otherwise proceeding as a guest), by selecting the applicable Goods, delivery method and then proceeding to complete the Order;

(b) via email, by contacting [email protected]; or

(c) via telephone, by contacting the number on the ‘Contact Us’ page on the Sous Chef Website.

2.4. When raising an Order, the Customer warrants (a warranty is a contractual promise which, if breached, will give rise to a damages claim) that:

(a) if the Customer is a Consumer, it is at least 18 years old;

(b) if the Customer is a Business, it has the requisite authority on behalf of that Business to enter into the Contract with Sous Chef; and

(c) that the Customer is resident in one of the Serviced Countries.

2.5. The Order constitutes an offer by the Customer to enter into a Contract in accordance with these Conditions and shall not incorporate any other terms and conditions beyond those set out in the Contract. In practice, this means that if the Customer is purchasing any Goods based on the Customer’s Requirements, it is the Customer’s responsibility to ensure that such is completely and accurately reflected in any Order that it wishes to raise.

2.6. Once the Order has been placed by the Customer, Sous Chef will assign the Order a unique reference number which shall be provided to the Customer in writing in either when Sous Chef issues an Order Acknowledgement or otherwise thereafter. To assist Sous Chef with any queries regarding the Goods, the Customer shall quote the applicable reference number.

2.7. Sous Chef may reject any Order that the Customer raises at its absolute discretion and for any reason whatsoever and the Order shall only be deemed to be accepted at the earlier of when Sous Chef:

(a) issues a Shipping Confirmation to the Customer; or

(b) dispatches the Goods,

at which point the Contract shall come into existence. Where Sous Chef rejects any Order raised by the Customer in accordance with this clause 2.7, Sous Chef shall immediately refund any sums that have been paid by the Customer when placing the Order.

2.8. If the Customer is a Business, it is responsible for ensuring and warrants that the terms outlined in the relevant published price list and where applicable, the Order and any Requirements are complete and accurate.

2.9. Any samples, drawings, descriptive matter or advertising produced by Sous Chef and any descriptions or illustrations contained in the Promotional Materials are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force and prior to raising the Order, it is the Customer’s responsibility to ensure that the Goods are suitable for the Customer’s intended application or use.