Terms and Conditions

Definitions 

1. In these Conditions:-

"Business Day"

Means any day other than a Saturday, Sunday or bank holiday

"Buyer"

Means the Buyer whose order for Goods and / or Services is accepted by the Company.

“Commencement Date”

Means the commencement date for this sale of goods and / or services contract as set out in these terms and conditions.

"the Contract" 

Means the contract for the purchase of Goods and /or Services provided under these terms and conditions.

“these Terms & Conditions” ( AKA T&C’s)

Means the standard terms and conditions of sale of goods and / or services set out exclusively on this page of the Company’s website.

“the Goods”

Means any tangible goods purchased, excluding services, which the Company is to retail to the Buyer in accordance with these Terms & Conditions.

“an order”

Means an instruction to supply goods and or services from the Buyer to the Company in the form of an on-line purchase from the Company.

“the Services”

Means knife sharpening rental service products to be provided to the Buyer by the Company.

“the Company”

Means ( SHARPSAVE™ ), the legal entity or its successors who supply goods and / or services to the Buyer.

1. The headings in these Conditions are for convenience only and shall not affect their interpretation.

1. Basis of Sale and Service
   1. The Company reserves the right to cancel and refund any order as it deems fit.The Company is under no obligation to provide its goods and or services to the Buyer. The Buyer exonerates the Company from any losses or damages in the event that the Company declines and refunds an order.
   2. The Company will only process orders and supply goods and or services to a Buyer that is a catering business and in the business of food production.The Company may ask for proof of business status before fulfilling an order.
   3. Knife Sharpening rental products are defined as a Service. The Company retain title and ownership of the knives provided to the Buyer ands are supplied on a rental basis only. Knife sharpening rental products are identified by the inclusion of “KSRP” in the product SKU identifier.
   4. Products other than knife sharpening rental products are sold to the Buyer and all titles and ownership transferred to the Buyer on purchase. 
   5. Any typographical, clerical or accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
2. The Goods
   1. Orders for goods and or services are automatically confirmed by the Company via email. Orders are only deemed ‘accepted’ by the Company upon dispatch.
   2. The specification for the Goods shall be those set out on the Company’s website unless bilaterally agreed in writing prior to purchase. 
   3. Specifications, photographs or descriptions on the Company’s website are intended as a close guide only and shall not be binding on the Company.
   4. The Company reserves the right to make any changes in the specification of the Goods and or Services which are required to conform with any applicable safety or other statutory or regulatory requirements or where the Goods and / or Services are to be supplied to the Company’s specification, which do not materially affect their usability or performance.
3. The Services
   1. Orders for goods and or services are automatically confirmed by the Company via email. Orders are only deemed ‘accepted’ by the Company upon dispatch.
   2. The Company will use reasonable care and skill and best practice to perform the services identified in the contract.
   3. The Company shall use all reasonable endeavours to complete its obligations under the Contract. The Company cannot execute the terms of this contract to a desired time frame unless agreed in writing with the Buyer prior to purchase.
   4. All Knife Sharpening Rental Products ( KSRP ) and their individual components purchased by the Buyer from the Company remain the sole property of the Company and are provided to the Buyer on a rental basis only. The Company retain title of all rental products.
   5. The service is deemed commenced upon Shipping Confirmation email to the Buyer.This is the commencement date. The Service attached to a particular Order is deemed closed when the refundable deposit has been paid in part or in full.
4. Price
   1. The price of the Goods and or Services shall be the price listed on the Company’s website at time of purchase only.
   2. The Company reserves the right, by giving notice to the Buyer via email at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to the Company which is due to a factor beyond the control of the Company (namely but without limitation, a significant increase in the costs of delivery due to geographical location of the Buyer). The Buyer has immediate right to cancel upon notification of  this Clause by the Company.
   3. Prices listed on the Company’s website at point of purchase and included in Order Confirmation emails are fixed and final unless 2 applies.
   4. The price is exclusive of any applicable value added tax.
5. Payments
   1. Payments required to be made by the Buyer to the Company pursuant to this Contract are made and received at point of sale.
   2. Refunds are actioned by the Company within 72 hrs from request by the Buyer and are subject to a period of time ( usually but not without limitation to 1-5 working days ) outside of the Company’s control.
   3. Other payments shall be made to the Company as indicated on the form of acceptance or invoice issued by the Company in writing prior to purchase.
6. Delivery
   1. Delivery of the Goods shall be made by a company delivering the Goods and or Services on behalf of the Company to the place in the United Kingdom specified in the Shipping address in the Order Confirmation email.
   2. All Goods and or Services are shipped on a fully tracked 2-5 working day service.The Delivery Date is approximate only and time for delivery shall not be deemed of the essence to the fulfilment of this Contract unless previously agreed by the Company in writing.Tracking numbers are emailed to the Buyer upon shipping and it is the Buyer’s responsibility to use this tracking number on the courier’s website to track progress of their delivery.
   3. The Buyer must notify the Company if they have not received their Goods and or Services with 10 working days of their Order Confirmation email.
   4. There are no deliveries on Sundays or Bank Holidays or after 5pm.
   5. The Company is exonerated for any loss or damages resulting from non delivery of goods and or services if the Buyer has conditions attached to delivery of Goods and or Services to their property which is listed in the Shipping address on their Order. This includes but is not limited to, requiring couriers to phone them prior to or on delivery, requiring access codes to access the property, having opening hours that differ from 9am to 5pm, doors not directly accessible from the street or any other issue that is conditional. 
   6. If the Buyer fails to take delivery of the Goods and or services, Clause 10.1 of this Contract shall pass to the Buyer. Delivery shall be deemed to have taken place and the Buyer shall pay to the Company all costs in re shipping the goods and or services arising from such failure.
   7. Shipping addresses cannot be amended after goods and or services have been shipped.Goods and or Services are deemed shipped upon time stamp of collection/drop off in tracking information on the Courier’s website.
   8. Goods and or Services are deemed received by the Buyer upon delivery confirmation on the Courier’s website.
   9. Special instructions or phone numbers may be passed by the Company from the Buyer to the Courier on request, however they are not guaranteed to be followed or implemented by the Courier and are aspirational only.

               Risk and Retention of Title

1. Risk of damage to or loss of the Goods shall pass to the Buyer 

                    upon delivery to the Buyer's shipping address contained within the order.

                    2.Notwithstanding delivery and the passing of risk in the Goods, or any other 

                    provision of these Conditions, legal and beneficial title of the Goods shall not 

                    pass to the Buyer until the Company  has received in cash or cleared funds 

                    payment in full of the price of the Goods.

                3.  Legal and beneficial title of the Goods shall not pass to the Buyer until the 

                    Company  has received in cash or cleared funds payment in full of the price 

                    of the Goods and any other goods supplied by the Company  and the Buyer 

                     has repaid all moneys owed to the Company , regardless of how such 

                     indebtedness arose.

                  4. The Buyer shall not be entitled to pledge or in any way charge by way of   

                  security for any indebtedness any of the items leased with SKU's listed as "KSRP" 

                 which form part of this service agreement which remain the property of the 

                Company , but if the Customer does so all money owing by the Customer to the 

                Company  shall (without prejudice to any other right or remedy of the Supplier) 

                forthwith become due and payable.

               Cancellation

1. Cancellation of purchased goods. 
2. The Buyer has 14 days upon receipt of Goods to request a return and refund via email only. Upon return authorisation the follow applies-
3. If Goods are damaged or not as described the Company shall pay for the cost of the return.For any other reason the Buyer must pay for the cost of the return. Returned goods must be returned to the address in the Return authorisation email only and must be shipped by a trackable shipping method.Refunds will be made on the receipt of unused, unmarked and undamaged goods in accordance with Clause 7.2
4. Cancellation of Services.
5. The Buyer may cancel a service within 14 days of receipt of Service. The following charges apply. Sharpening Cost and P&P costs of the original order will be deducted from the refund as these are costs incurred by the Company in order to provide the Buyer with the service. The Buyer agrees to this Clause.
6. No Services may be returned to the Company without the prior agreement in writing to the Company. Returned Services must be returned to the return address provided in the Return Authorization email only using the provided Return label.The Buyer exonerates the Company from any losses or damages arising from the Buyer shipping the return to an alternative address or by alternative means.
7. The Company shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration of the Goods without the Company's approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
8. Goods, other than defective Goods returned under Condition1, returned by the Buyer and accepted by the Company may be credited to the Buyer at the Supplier's sole discretion and without any obligation on the part of the Company.
9. Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

               Buyer’s obligations

1. The Buyer must ensure all returned knives to the Company are completely clean prior to shipping. This includes handles. It is the Buyer’s responsibility to regularly clean rental knives in accordance with Hygiene regulations.

              2.The Buyer must follow packing instructions printed or contained within the

             return knife box and on the Shipping page of the Company's website as these form

             part of this Contract.

             3.The Buyer must choose an alternative shipping address if their original intended

           shipping address has restricted opening hours that differ from 9am to 5pm, 

             Monday to Friday.

          4. The Buyer must notify the Company within 24 hours of delivery if their

               goods and or services are received damaged or are missing parts thereof.

           5. If the Buyer fails to perform or observe any of their obligations hereunder 

                     they are deemed in breach of the Contract.

          6. If Condition 5 applies then, without prejudice to any other right or remedy 

              available to the Company, the Company shall be entitled to cancel the Contract or 

               suspend any further deliveries under the Contract without any liability to the 

              Buyer and if the Goods have been delivered but not paid for the price shall    

             become immediately due and payable notwithstanding any previous agreement

              or arrangement to the contrary.

              Liability

1. The Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services.
2. The Buyer shall indemnify the Company against all damages, costs, claims and expenses suffered by or arising from loss,damage or injury to the Buyer 

                    or anyone associated with the Buyer or equipment (including that of third 

                     parties) caused by the Buyer, knives or its agent or employees.

                3. Where the Buyer consists of two or more persons such expression throughout

                 shall mean and include such two or more persons and each or any of them.

                   All obligations on the part of such a Buyer shall be joint and several obligations 

                   of such persons.

                4. The Company shall not be liable to the Buyer or be deemed to be in breach of 

                  these terms and conditions by reason of any delay in performing, or any failure

                   to perform, any of the Company 's obligations if the delay or failure was due to 

                    any cause beyond the Company 's reasonable control.

              Communications

1. All communications between the parties about the Contract shall be by email. 

              Force Majeure

1. In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, pandemic, lockdown, flood, earthquake, strike or lockout, the parties shall not be deemed to be in breach of its obligations under this Agreement. The parties shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

                  2.If and when the period of such incapacity exceeds 3 months then this 

                   Contract shall automatically terminate unless the parties first agree 

                    otherwise in writing. 

                Waiver

               No waiver by the Company of any breach of the Contract by the Buyer shall be

                considered as a waiver of any subsequent breach of the same or any other 

               provision.

                Severance

                If any provision of these Conditions is held by any competent authority to be

                 invalid or unenforceable in whole or in part the validity of the other provisions 

                 of these Conditions and the remainder of the provisions in question shall not be 

                affected thereby.

               Third Party Rights

                A person who is not the Buyer of the Contract shall have no rights under the 

                Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

               Governing Law and Jurisdiction

               These terms and conditions shall be governed by the laws of England and Wales 

               and the parties agree to submit to the exclusive jurisdiction of the English and 

              Welsh courts.

               Refundable deposit

               1. Only the Buyer can redeem a refundable deposit. The refundable deposit

                cannot be acquired by a 3rd party to this Contract.

               2. The refundable deposit is calculated thus - each item worth =

               3. Upon receipt of the Buyer's returned knives the Company will refund the cost of 

               each original knife contained within the returned order to which the refundable 

               deposit is related to.

               4. The Company will compare stored images of knives taken upon shipping of the

               original order to determine exact refundable amounts.The Company's decision is 

               final regarding the veracity of the ownership of returned items. The Buyer agrees 

               to this.

               5. Only knives that were shipped and contained within the returned order can be 

               refunded.

                6. The Buyer has only one opportunity to return an order and to redeem their 

                 refundable deposit. It is the Buyer's responsibility to ensure correct knives 

                are returned.Returned knives not belonging to the Company shall be disposed of.

                The Company is indemnified by the Buyer of all costs related to losses incurred by

                the Buyer due to the disposal of non Company items by the Company.