By proceeding to place an order, you affirmatively agree and acknowledge that you have thoroughly read, comprehended, and accepted our terms and conditions. We encourage you to review the terms and conditions carefully, as they outline the rights, responsibilities, and obligations of both parties involved. Your agreement to these terms and conditions serves as a binding agreement between you and our company.
1. BASIS OF SALE
(a) The sale of goods by Regal Pack Limited (“the Company”) and the purchase of said goods by the customer who accepts the Company’s quotation or places an order accepted by the Company (“the Customer”) shall be governed by these conditions. These conditions supersede all other terms, conditions, and warranties, whether implied by statute, common law, or appearing in the Customer’s order. Any additional terms or conditions must be specifically agreed upon in writing by a director of the Company to be considered valid.
(b) Any modification or alteration to these conditions shall only be legally binding if it is agreed upon in writing by a director of Regal Pack Limited (“the Company”). No verbal agreements or understandings shall have any effect in varying these conditions. The written consent of a director of the Company is essential to validate any changes or amendments to these conditions.
(c) The employees or agents of Regal Pack Limited (“the Company”) are not authorized to provide representations regarding the description, quality, or fitness for any specific purpose of the goods supplied by the Company. If any representation or opinion is expressed that significantly influences the Customer’s decision to place an order, it is the Customer’s responsibility to ensure that such details are confirmed in writing by a director of the Company. Only written confirmation by a director will be considered as part of the contractual agreement. The Company cannot accept liability for any representations made or opinions expressed by its employees or agents unless confirmed in writing by a director.
(d) Any errors or omissions in sales literature, quotations, price lists, order acceptances, invoices, or other documents issued by the Company are subject to correction without any liability on the part of the Company.
(e) The Company prepares its catalogs and literature with utmost care. However, it should be noted that these documents are intended for general guidance purposes only. The particulars contained within them should not be considered as representations by the Company, and the Company shall not be obligated or bound by such particulars.
(f) The images of the Products displayed on our website are provided for illustrative purposes only. While we have made every effort to accurately display the colors, we cannot guarantee that the colors shown on your device’s display will precisely match the actual color of the Products. Therefore, there may be slight variations between the displayed images and the actual Products you receive.
(g) While we strive to provide accurate and up-to-date packaging images, there may be variations in packaging designs and materials.
(h) The drawings, photographs, illustrations, specifications, performance data, dimensions, weights, and similar information provided by us are believed to be as accurate as reasonably possible. However, they are not intended to serve as a description of the goods, should not be considered as representations made by us, and are not warranted to be completely accurate.
(i) All drawings, photographs, illustrations, specifications, performance data, dimensions, weights, and similar information (referred to as “Regal Pack Information”) are the property of Regal Pack Limited. By accessing or receiving the Regal Pack Information, you agree not to use, copy, reproduce, modify, sell, or distribute any of the information for your personal or business purposes, including on any website. Unless explicitly agreed upon in writing, you also warrant that you will not resell, advertise, promote, or distribute the Products on any other website or platform, whether online or offline.
2. DELIVERY
(a) The goods to be delivered to the Customer will be dispatched in one or more consignments, as mutually agreed upon by both parties. In cases where the goods are supplied in multiple consignments, each consignment will be considered a separate contract.
(b) It is a requirement that each consignment is inspected in the presence of the Company’s delivery agent.
(c) The risk associated with the supplied goods transfers to the Customer upon delivery to or collection by the Customer or its authorized agents.
(d) Irrespective of clause 2(a) mentioned earlier, if the Company provides special printed stock and specifies a last delivery date in its quotation, the Company retains the right to deliver all the stock included in the quotation by the specified last delivery date. In cases where no last delivery date is specified, the Company has the authority to deliver the special printed stock mentioned in the quotation within a reasonable period.
(e) The dates provided for the delivery of goods are approximate and serve as an estimation. The Company shall not be held liable for any delays in the delivery of goods, regardless of the cause. The time of delivery is not considered crucial unless explicitly agreed upon in writing by a director of the Company. Moreover, the Company reserves the right to deliver the goods before the quoted delivery date, provided that reasonable notice is given to the Customer.
(f) Single consignments that consist of multiple boxes or items may be delivered separately, as our courier occasionally splits deliveries of single consignments.
(g) All deliveries will be made by our couriers and left outside the delivery address provided in your Order. For safety reasons and other considerations, our couriers are not obligated to enter your premises or deliver the products to any location other than the one specified in your Order.
(h) We have the option to provide expedited delivery services upon your request, subject to our sole and absolute discretion. The acceptance of any request for expedited delivery is solely determined by us. The cost of such services will be communicated to you accordingly.
(i) For deliveries outside the UK and those excluded from UK Mainland deliveries, our sales agents will get in touch with you via telephone or email to confirm the delivery costs and provide an estimated delivery date. If you are unsatisfied with the delivery costs, you have the option to cancel your order and receive a full refund, deducting reasonable administrative costs.
(j) Notwithstanding and subject to clause 2(i), if the goods are ordered before noon on a Business Day, we will make every effort to deliver within six (6) weeks (excluding UK bank holidays).
(k) The delivery dates provided to you are approximate and serve as estimates only. Time for delivery is not considered crucial or essential.
(l) To supply the Products to you, we may require specific information such as the delivery address and location. During the Order process on our website, we will request this information from you. If you provide us with incomplete or incorrect information, we reserve the right to either terminate the contract or charge an additional reasonable sum to compensate for any additional work required as a result. Please note that if you fail to provide us with the necessary information within a reasonable timeframe, we will not be held responsible for any delays in supplying the Products or for any non-delivery of the Products.
(m) If the supply of our products is delayed due to circumstances beyond our control, we will promptly inform you and take necessary measures to mitigate the impact of the delay. While we are not liable for delays caused by such events, if there is a significant risk of substantial delay, you have the option to contact us in writing to terminate the contract. In such cases, you will be entitled to a refund for any products that you have paid for but have not yet received. Please note that if you choose to cancel the contract, you will have no further claims against us under that specific contract.
(n) By accepting delivery of the goods after the estimated delivery time, you acknowledge and agree that you have no claim against us for any delay, including any direct or consequential loss, or any increase in the price of the goods.
(o) Subject to our prior written agreement, you may be permitted to collect bulk and pallet orders of Products from our premises. Collection can be made during our working hours of 9.30 am to 6 pm on Monday to Friday, excluding public holidays. If you choose to collect the Products, it is your responsibility to ensure that you or your courier has a suitable letter of authority and/or proof of ID demonstrating your authorization for collection. We do not assume any liability for verifying the validity of such proof of authority or ID. You are fully responsible for the cost of collection, as well as the carriage and transportation of the Products.
(p) To ensure safety, deliveries will be made to the address provided in your order, and our couriers will not enter your premises. If no one is available at the delivery address to receive the products, our couriers may leave a note with instructions on how to rearrange delivery or collect the products from a local depot. Please note that for failed deliveries requiring redelivery, we may apply a re-delivery charge.
(q) If you fail to collect the products or arrange for their delivery after a failed attempt, we will reach out to you for further instructions. In such cases, you may be responsible for storage costs and any additional delivery charges as communicated by us. If we are unable to contact you or make alternative arrangements despite reasonable efforts, we reserve the right to terminate the contract.
(r) The Products shall be your responsibility from the time of delivery to the address you gave us or you or a carrier organized by you collect it from us.
(s) It is important that you inspect the goods upon delivery. If you find any damage or if any goods are missing, please notify us in writing within three days of delivery. We kindly request that you provide us (and the carrier, if applicable) with a fair opportunity to inspect the damaged goods.
(t) In the case of bespoke, customized, tailored, or personalized products in your order, we reserve the right to deliver an overproduction of up to 20% of the total ordered quantity, for which you will be charged. Alternatively, we may deliver an underproduction of up to 20% of the total ordered quantity, for which you will be refunded the corresponding price. We will not be held liable for any over-delivered or under-delivered products. You are responsible for the cost of all over-delivered products, which must be paid as per our invoice terms.
4. PRICES
(a) The price of the goods will be determined by the Company’s quoted price. If no price has been quoted or the quoted price is no longer valid, the price listed in the Company’s current price list at the time of the invoice will apply, subject to sub-clause 4(b) below.
(b) The price of the goods is subject to change by the Company prior to delivery. This alteration may occur due to various reasons, including factors beyond the Company’s control such as foreign exchange fluctuations, changes in duties, increased labor or material costs, or other manufacturing overheads. Additionally, any requested changes in delivery dates, quantities, or specifications by the Customer, or insufficient information or instructions provided by the Customer, may also result in price adjustments.
(c) The price stated does not include Value Added Tax (VAT), and the Customer is responsible for paying any applicable VAT in addition to the quoted price to the Company.
(d) Deliveries to mainland UK addresses that meet the Company’s minimum order requirement are free of charge. However, for all other deliveries, the cost of carriage will be added to the price as a separate charge in accordance with the specified conditions.
5. PAYMENT
(a) The Customer is required to pay the price of the goods within the specified payment terms mentioned on the Company’s invoice, regardless of whether delivery has occurred or ownership of the goods has been transferred. Timely payment of the price is essential and a fundamental part of the contract.
(b) In the event that the Customer fails to make payment of the price or any portion thereof by the specified due date, the Company reserves the right to take the following actions without prior notice:
(i) Charge interest on the outstanding amount at a rate of 2% per annum above the Abbey National plc Base Rate, accruing daily, both before and after any legal judgment.
(ii) Allocate any payment made by the Customer to goods and/or services supplied under any contract between the Customer and the Company, as the Company deems appropriate, regardless of any intended allocation by the Customer.
(iii) Cancel or suspend the delivery of any undelivered goods ordered by the Customer, without incurring any liability towards the Customer.
(c) The Customer is not permitted to offset any claims it may have against the Company with any amounts owed to the Company.
(d) Refused cheques will incur administration charges.
(e) All amounts due under these terms must be paid in full without any set-off, counterclaim, deduction, or withholding, except as required by law for tax purposes.
6. RESERVATION OF TITLE
(a) The Company retains ownership of all goods delivered to the Customer until full payment, including payment for any other goods or services provided under separate contracts, is received and cleared through the Company’s bank account.
(b) Until full payment is received from the Customer for all contracts between the Customer and the Company:
(i) The Customer holds the goods in trust for the Company.
(ii) The Customer is responsible for comprehensive insurance coverage of the goods.
(iii) The Customer assigns any insurance rights to the Company.
(iv) The Customer acts as a bailee, maintaining the goods in good condition at their own expense.
(v) The goods are stored separately and clearly identified as the Company’s property.
(vi) The Company has the right to enter the Customer’s premises or any site where the goods are located to repossess them, with or without vehicles, through its officers, employees, representatives, or agents.
(c) In addition to any other legal remedies available, the company will have a vendor’s equitable lien on any products that have been supplied but not paid for by the customer in accordance with the terms specified in the company’s invoice. This lien grants the company a legal interest in the unpaid products as security until full payment is received.
(d) Regardless of the vendor’s equitable lien mentioned in clause 6(c), the company reserves the right to initiate legal proceedings to recover the price of goods supplied if the customer fails to make payment by the due date. In such a case, the customer will be responsible for reimbursing the company for all costs, expenses, fees, and charges incurred by the company in its efforts to recover the outstanding amount, including any legal fees.
7. TERMINATION
(a) The Company has the right to terminate the contract without notice and without liability to the Customer in the following circumstances:
(i) If the Customer enters into a deed of arrangement.
(ii) If the Customer fails to comply with a statutory demand served under the Insolvency Act 1986.
(iii) If the Customer makes a voluntary arrangement with its creditors under the Insolvency Act 1986.
(iv) If a judgment is obtained against the Customer or if distress or execution is levied on any premises owned or occupied by the Customer.
(v) If a receiver or an administrative receiver is appointed in relation to the whole or any part of the Customer’s property.
(vi) If a petition for the winding-up of the Customer or the making of an Administrative Order is presented.
(vii) If the Customer commits a breach of these conditions or any other term of the contract for the provision of goods or services.
(viii) if the Customer does not make any payment to us when it is due and still does not make payment within 10 days of us reminding the Customer that payment is due.
(ix) If the Customer fails to provide us with the necessary information within a reasonable time, such as the delivery location.
(x) If the Customer does not allow us to deliver the products to him or collect them from us within a reasonable time.
(b) The Customer will not be entitled to cancel an Order nor will be entitled to any refund if:
(i) The Products are bespoke, tailored, personalized or customized Products.
(ii) We have committed to ordering or supplying bespoke, tailored, personalized, or customized Products and/or have incurred a charge in respect of any tailored or customized Products.
(iii) The Products are unsealed, damaged, used or the Products become otherwise mixed inseparably with other goods or items.
(iv) Unseal Products that were supplied sealed which are then not suitable for return for health or hygiene reasons.
(c) The termination of the contract, regardless of the cause, does not affect any rights or liabilities that have already accrued to the Company. The Company retains the right to be paid for goods delivered or services performed prior to the termination and to claim damages for any losses incurred.
8. CLAIMS
(a) Without prejudice to clause 9, the Customer shall have no claim for shortages or defects apparent on visual inspection of the goods unless:
(i) the Customer has inspected the goods in the presence of the Company’s delivery agent; and
(ii) the Company receives a written claim from the Customer within three days of the date of delivery.
(b) The Customer shall have no claim in respect of defects not apparent on visual inspection at the time of delivery unless a written claim is received by the Company within three days of the defect in the goods supplied first becoming apparent to the Customer and in any event no later than one month after the date of delivery of the goods to the Customer.
(c) Subject to sub-clauses 8 (a) and (b) above, if any goods supplied to the Customer prove on inspection to be defective in material or manufacture the Company undertakes at its option to replace the same or to refund to the Customer the price of the goods and in no circumstances will liability exceed the cost of replacement or the price paid by the Customer for the goods.
(d) Whereas:
(i) The potential damage that may be caused or alleged to be caused to the Customer is considered to be disproportionate to the amount charged by the Company.
(ii) The Company aims to minimize the cost of advice or recommendations provided to the Customer, which requires limiting the Company’s liability for any loss or damage incurred by the Customer. Therefore, any advice or recommendation given by the Company, its employees, or agents regarding the storage, application, or use of the goods (including recommendations and training on good food hygiene practices) is followed or acted upon entirely at the Customer’s own risk. The Company shall not be held liable for any such advice or recommendations, except as provided in clause 8(e).
(e) These terms do not limit or exclude the liability of the Company for death or personal injury resulting from its negligence.
(f) The Company shall not be liable for any consequential or indirect loss suffered by the Customer, including loss of profit, loss of contracts, or damage to property, whether arising from a breach of duty in contract, tort, or any other legal theory, including negligence by the Company.
(g) These conditions do not affect the statutory rights of individuals who are dealing with the Company as consumers.
(h) The Company retains the right to cancel or modify any Contract if it becomes unable, for any reason, to fulfill the entire or partial order.
9. QUANTITY VARIATIONS
A shortage or surplus in the quantity of the order, not exceeding 10%, will be considered as acceptable fulfillment of the order. The corresponding adjustment in price will be made pro-rata and should be paid accordingly.
10. INTELLECTUAL PROPERTY
(a) The Company retains the copyright and any other intellectual property rights in any drawings or other works created for the Customer until full payment is received. The price for such drawings or works will be the Company’s quoted price, which may be subject to change if not accepted within 28 days of the quotation. The Company reserves the right to increase the quoted price in the event of any increase in its overheads prior to production, with notice given to the Customer. The payment terms outlined in clause 4 also apply to the payment of the price for drawings or other work.
(b) Until full payment for the drawings or other work produced by the Company has been received from the Customer:-
(i) The Customer shall not disclose, use, or allow others to disclose or use any of the drawings or other work, or any extracts or copies thereof, without the prior written consent of a director of the Company.
(ii) The Customer shall promptly return the drawings and other work, including any copies or materials derived from them, to the Company upon demand. In the event of failure to comply, the Customer shall allow or arrange for any officer, employee, representative, or agent of the Company to enter the Customer’s premises or any other site where the drawings or other work are located and repossess them, along with any copies or materials derived therefrom.
(c) In addition to any other remedies available under law, the Company reserves the right to seek specific performance and any other equitable relief to enforce the provisions of clause 10. The Customer acknowledges that damages would not be an adequate remedy for any breach by the Customer of this clause, especially in relation to the commissioning of drawings or other work.
11. INDEMNITY
Upon demand, the Customer shall indemnify the Company against any and all loss, damage, injury, costs, and expenses (including professional fees incurred) that are caused or related to the following:
(a) Design specifications are given to the Company by the Customer in respect of goods or drawings or other work which are to be produced by the Company.
(b) The improper incorporation, assembly, use, processing, storage or handling by the Customer of goods supplied by the Company.
12. SPECIFICATIONS
(a) The Company provides specifications, dimensions, and other product details in good faith, and it will make reasonable efforts to ensure that the goods supplied to the Customer comply with these specifications. However, it is important to note that minor deviations from the specified details may occur, which may be beyond the Company’s control. In such cases, the Company reserves the right to supply goods that are substantially similar in specification or dimension.
(b) If the Company prepares the goods in accordance with your specifications or instructions, the following conditions apply:
(i) You are responsible for ensuring that the specifications or instructions provided are complete, true, and accurate.
(ii) You are responsible for ensuring that the goods prepared in accordance with those specifications or instructions will be suitable for the intended purpose.
(iii) You are responsible for ensuring that your specifications or instructions do not infringe upon any third-party intellectual property rights or violate any applicable laws or regulations.
(c) We reserve the right to modify the specifications of our goods as necessary to ensure compliance with any relevant safety or statutory requirements.
(d) We also retain the right to make minor modifications to our specifications without prior notice, if we deem them necessary or desirable.
(e) If you wish to request any changes or amendments to the specification, you must promptly notify us in writing. We may, at our discretion, agree to make the requested amendments. However, if we have already commenced the preparation of the Products based on your original instructions and are unable to accommodate your request, we will inform you accordingly. In such cases, you will remain responsible for the full payment of any Products that cannot be amended to meet your revised specifications.
13. UNENFORCEABILITY
If any condition or part thereof is found to be in breach of or unenforceable under any rule of law or legislation, it shall have no effect. However, all other conditions shall remain valid and enforceable, and they shall be considered separate from the offending condition or its unenforceable part. This means that the unenforceability of one condition or part of it will not affect the validity or enforceability of the remaining conditions.
14. FORCE MAJEURE
The Company shall not be held liable for any failure to deliver the goods or perform the contract if such failure arises from circumstances beyond the Company’s control. These circumstances may include but are not limited to the inability to secure labor, materials, or supplies necessary for the performance of the contract.
15. NO AGENCY
This agreement does not create a partnership or joint venture between the parties, establish an agency relationship, or grant authority to any party to make commitments on behalf of another party. Each party acknowledges that it is acting solely on its own behalf and not for the benefit of any other person.
16. NON-WAIVER
Our failure to enforce this contract or to take immediate action in the event of any breach on your part will not waive our right to enforce the contract or take action at a later time. Any delay or failure to enforce our rights under these terms does not release you from your obligations, and we reserve the right to pursue remedies for any breach at a later date. For instance, if you fail to make a payment and we choose not to pursue immediate action but continue providing the products, we can still require you to make the payment at a later time.
17. SEVERANCE
In the event that any court or relevant authority determines that any part of this contract is unlawful, the remaining paragraphs and provisions will continue to be valid and enforceable. Each paragraph of these terms operates independently, and if any of them are deemed unlawful, it will not affect the validity and enforceability of the remaining paragraphs.