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Terms and Conditions
Terms and Conditions of Sale
1. These Conditions and Customers
1.1.These Conditions are the only conditions on which We sell goods. Please ensure you understand them before You place an order or buy Goods from Us. Unless otherwise mutually agreed in writing they will apply notwithstanding any other terms on which You wish to purchase Goods from Us. Our representatives, depot staff or vehicle drivers are not authorised to agree to any other conditions or to vary these Conditions.
1.2. These Conditions supersede any previous conditions between You and Us (whether oral or in writing) and also supersede any previous course of dealing, trade custom or understanding between You and Us.
1.3. In these Conditions “Goods” means all goods sold by Us to You, “We/Us/Our” means Bestway Wholesale Limited and “You/Your” means the person, company or other legal entity purchasing the Goods. “Contract” means the contract between Us and You for the sale and purchase of Goods in accordance with these Conditions. “Drop Shipments” are Goods delivered by third-party suppliers appointed by Us.
1.4. These Conditions cover sales of Goods to You ‘off the shelf’ at a depot or, by ‘Click and Collect’ or ‘Delivery to Store’ where an order is placed via Our website or mobile application. Certain terms and condition may be applicable according the method of sale.
1.6. We reserve the right to suspend sale or delivery in the event that circumstances arise which, in Our view, oblige Us to do so, or in the event that our accounts are not paid to terms, or Your insolvency. We reserve the right to reduce or cancel orders in the event of Your insolvency, or in the event that you cease or threaten to cease business or enter into voluntary arrangement or become bankrupt, Our inability through shortage of stocks or for any other reason to execute delivery wholly or in part. We reserve the right to make reasonable alterations to products and/or packaging as circumstances may demand. We will not be liable for costs, damages, losses or expenses of any nature resulting from part delivery, suspension of delivery, reduction or cancellation of orders.
1.7. In the event we suspend sale or delivery or refuse to accept orders placed by You due to one of the events in 1.6 above then without limiting any other rights available to Us, any Goods that have been delivered but not paid for shall become immediately due for payment notwithstanding any previous agreement or arrangement to the contrary.
1.8. Where You are a sole trader You will be personally liable to make payment for Goods and You hereby guarantee and acknowledge personal liability for payment of the Goods and interest chargeable in accordance with these Conditions and no waiver that might be extended in respect of these Conditions shall affect Your liability hereunder. In the event you become a partnership or limited company then you will still remain personally jointly and/or severally liable for payments.
1.9. Where You are a partnership or a limited company, an individual or individual(s) with authority to bind You will be personally liable to make payment for Goods and interest chargeable in accordance with these Conditions and no waiver that might be extended in respect of these Conditions shall affect Your liability hereunder. Where You are a partnership, these Conditions are binding on all of the partners with joint and several liability and no waiver shall affect their individual liability. You shall be obliged to notify Us in any change in the partners of Your business.
1.10. Any membership card given to You remains Our property and is not transferable. You or your staff/ agents will not be permitted entry to any of Our depots without first presenting Your membership card.
1.11. If You do not make any purchases during a 12 month period then We may require new bank references and may carry out bank and/or credit checks where applicable before You are permitted to purchase Goods from Us. We may (at Our discretion) require you to complete a new customer application form.
2.1. Prices displayed in depot and online are invitation to treat only. All prices are applicable on date of acceptance of Your order and as set out in your invoice.
2.2. If You have been charged an incorrect price We reserve the right to rectify Our invoice provided only that any claim in respect of incorrect prices is brought to Our attention in writing no later than one working day from the date of the invoice.
2.3. We reserve the right to alter Prices without notice to reflect increase in costs to Us.
2.4. Prices are exclusive of VAT and VAT will be charged on the supply of Goods at the rate prevailing at the tax point date.
3. Orders, Delivery and Acceptance
3.1. We reserve the right to refuse orders for any reason, including (but not limited to) those considered economically non-viable, or hazardous to our vehicles or drivers, or where We have reason to believe that You are involved in illegal activity. There is no Contract between Us until We accept your order. Each order is a separate contract and You are responsible for ensuring the accuracy of the order submitted and for giving us all the information we need to process the order.
3.2. Minimum order value for catering customers is £150 excluding tobacco and VAT per delivery. Minimum order value for retailers is £500 excluding tobacco and VAT. Orders ‘Delivered to Store’ below the value of £500 will incur a delivery charge. Orders for Drop Shipment Goods are to be placed directly with the Drop Shipment supplier (which may have their own minimum order values) unless We confirm otherwise.
3.3. Orders must be placed online for the ‘Click and Collect’ service where We will pick the order for You and you will have a window of time to collect the order from depot (subject to depot opening hours) or for the ‘Delivered to Store’ service where We will pick the order for You and deliver it to Your store at an agreed delivery time slot (available Monday to Friday). Where You use the ’Delivered to Store’ service We will arrange a regular delivery slot with You.
3.4. You must not cancel any order you have placed with us except by giving us reasonable notice in writing. If you fail to do this, your order will not be cancelled and you will be obliged to pay for it.
3.5. All delivery dates quoted or agreed by Us are estimates and are not of the essence of the contract between Us. Delivery of the Goods shall be completed on the Goods arrival at Your store or when You take possession of the Goods at depot on a ‘Click and Collect’ order or when you have paid for the Goods ‘off the shelf’ in depot.
3.6. All Goods should be examined upon delivery at case level prior to being signed for and (subject to sub-clause 3.7 below) must be signed for upon delivery/collection. You are expected to retain one copy of the receipt note which You sign.
3.7. In the event that upon delivery You discover damaged Goods, Goods that appear to have been tampered with, shortages or an incorrect delivery, You may return such Goods to Us on the vehicle in which they were delivered or at the depot if collected. The annotations or alterations should be noted in the driver’s credit request book (and agreed with Our driver), a copy of which should be retained by You. Upon receipt and checking of returns a credit note will be issued. Damaged Goods must be returned in their original, unmarked packaging. All cages and tanks must be checked at time of delivery. Damaged Goods and/or short dated Goods or excesses equivalent to complete case or more must be returned with Our driver. No return may be made in respect of excess of Goods equivalent to less than one complete case and you must pay Us for any such excess. No credit or refunds will be given in respect of excess Goods.
3.8. Where You purchase Goods ‘off the shelf’ in depot, You will not have any claim in respect of the Goods once you have left the customer exit/security area.
3.9. Goods delivered which are past their “sell by”, “best before”, “use by” or similar date must also be dealt with in accordance with sub-clause 3.7 or 3.11 as the case may be.
3.10. In the event of non-arrival of the Goods or if You learn that they have been lost or destroyed in transit, notice from You of this must be received by Us as set out in sub-clause 3.5 or 3.11, such notice to be given at the latest the working day after delivery was due.
3.11. In the event that subsequent to the above You discover any further damaged Goods, Goods that appear to have been tampered with, shortages or an incorrect delivery, You must notify Us by phone within one working day of the delivery, setting out full details of damage, apparent tampering, short or incorrect delivery, by way of product description and code. Credit will only be considered by Us where these terms are complied with in full. If notification is not received within 1 working day of the delivery then the Goods shall be deemed to have been properly delivered and accepted. Time and manner of the notification are of the essence.
3.12. In respect of Goods delivered as Drop Shipments, You must carry out your obligations in 3.6, 3.7, 3.9, 3.10 and 3.11 and shall notify the supplier directly of those Goods in respect of any issues or errors. The terms of contract between You and the supplier of Drop Shipment Goods shall be as prescribed by that supplier and in placing any order for Drop Shipment Goods, You agree to observe such terms. The supplier acts as principal in respect of any contract for Drop Shipment Goods.
3.13. We will be liable for all congestion charges incurred as a result of ‘Deliveries to Store’ made within congestion charge zones.
3.14. Bulk Purchases – We reserve the right to refuse delivery of bulk purchases. Bulk purchases may incur additional delivery charges. Contact your local branch manager for details.
3.15. If You fail to take delivery of the Goods on the ‘delivery to store’ date and time or within 2 hours of the ‘Click and Collect’ time then except where such failure or delay is caused by a Force Majeure Event as set out in term 12 or Our failure to comply with Our obligations under the Contract, We may;
3.15.1. store the Goods until actual delivery and charge You for the reasonable costs (including insurance) of storage; and/or
3.15.2. sell or otherwise dispose of part or all of the Goods and charge You for any shortfall below the price of the Goods plus the amount of all reasonable storage and selling costs.
3.16. When you ‘Click and Collect’ or purchase ‘off the shelf’ at any depot then you agree to comply with the Depot Rules that apply from time to time in relation to each of Our depots and the depot car park.
3.17 We do not accept returned medicinal stock if it has left our “control”, i.e. the customer has accepted it and taken it off site. We do accept returns of medicinal stock if the stock has not left our site (car park) or incorrect stock has been purchased/delivered and is returned to our care immediately.
4. Property and Risk
4.1. Risk in the Goods shall pass to You at the time of delivery of the Goods to You or Your agent or when you have paid in full for the Goods, whichever is the earlier and You hereby undertake to insure the Goods to their full value for all risks and liability including fire and theft.
4.2. Title in the Goods will only pass to You when We have received cleared payment in full for the Goods plus VAT and/or any other payment howsoever due to Us from You.
4.3. Until all payments due for the Goods have been received:
4.3.1. full legal and equitable title shall remain with Us and
4.3.2. You shall hold the Goods as bailee and shall be required to store the Goods in such a manner as to preserve their value, in such a way that they may be clearly identified as Our property and separate from Your own property or the property of any other person or entity and
4.3.3. athough the Goods remain Our property until paid for, they are at Your risk from the time of delivery and You shall hold the proceeds of any insurance against loss or damage as trustee for Us and
4.3.4. We may trace any proceeds of sale of our Goods into any account which you maintain and
4.3.5. You must not assign any rights arising from the sale of such Goods without Our consent.
4.4. If You breach clause 4.3 then We are entitled to compensatory damages but You may resell or Use the Goods on the condition that as long as You have not paid in full for the price of those Goods, You shall be able to account to Us with the proceeds of the sale of those Goods which, shall be kept in a separate account. If You sell the Goods before you have paid for them in full, you sell them as principal and not as Our agent and title to the Goods shall pass from Us to You immediately before the time at which You sell them.
4.5. If payment is overdue in whole or in part, or upon commencement of any proceedings for insolvency, We may (without prejudice to any of Our other rights) recover or recall the Goods or any of them and We (and Our agents) may enter upon Your premises or any premises where the Goods are stored for such purpose and You hereby grant Us (and Our agents) a licence to enter upon any premises occupied or controlled by You so as to recover or inspect such Goods, title to which has not passed to You (irrespective of whether such Goods can be specified, or attributed to corresponding purchase orders or delivery notes and without regard to sub-clause 5.3 below) to the value of the amount due and payable.
4.6. You may not for any indebtedness pledge or in any way charge by way of security (including without limitation fixed and floating charges) any of the Goods which remain Our property. Without prejudice to Our other rights, if You do so, all sums owing by You to Us shall forthwith become due and payable.
4.7. Your right to possession of the Goods shall cease if upon the presentation to a bank of any cheque tendered in respect of payment for Goods it is returned or dishonoured or You have not paid for the Goods in full by the expiry of a credit period allowed by Us under a Credit Sales Agreement or You are declared bankrupt or make any proposal to Your creditors for a composition or other voluntary arrangement or a receiver, liquidator or administrator is appointed in respect of Your business. If Your right to possession of the Goods ceases pursuant to this clause, You shall at Your own expense make the Goods available to Us and allow us to repossess them.
5. Credit and Payment
5.1. You may apply for but We are not obliged to give you You the ability to make payment for Goods by cheque or, credit for a specified time period and financial limit (the ‘Relevant Applicable Credit Limit’) and subject to such other terms as We agree. Where We agree a credit payment facility with you, this may at our discretion be via credit card, debit card, credit account or letter of credit.
5.3. We may at any time in Our discretion and without notice, vary Your Relevant Applicable Credit Limit or withdraw any credit or cheque payment facility.
5.4. We may invoice You for the Goods on delivery. Unless credit or cheque payment terms have been specifically agreed in writing cash payment is due on delivery or when presented for off the shelf purchase in depot. We may send an invoice to You by hand, fax, email, EDI, Electronic Goods Received Notice or post. Where our employee accepts any payment Our official receipt will be issued. No claims will be accepted for such payments unless supported by Our official receipt. Other payments are in accordance with the specific credit terms agreement and will be payable on the date specified on any invoice. Time of payment is of the essence.
5.5. The cash discount (if any) shown on the face of an invoice is only allowable if payment is made on collection or delivery to store and if no other invoices are overdue in part or in whole for payment.
5.6. If at any time any invoices are overdue or your indebtedness to Us exceeds the Relevant Applicable Credit Limit then all unpaid balances owing to Us from You shall become immediately due and payable.
5.7. All cheques must be made payable to the company that has raised the relevant invoice and crossed “not negotiable - account payee only”. We cannot accept responsibility for lost remittances.
5.8. If You fail to make any payment due to Us in accordance with these terms then you shall pay interest on the overdue amout at the rate of 4% per annum above the Bank of England’s base rate chargeable both before and after any proceedings on the amount unpaid accruing on a daily basis, until payment is made in full. You shall pay the interest together with the overdue amount.
5.9. We may also charge You interest at the rate prescribed by and compensation due in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002.
5.10. You shall pay all and any costs and expenses incurred by us in connection with and/or in relation to the recovery of debt, sums and or damages from You including but not limited to the costs of issuing a formal letter before action and any legal costs incurred in relation to actual or prospective legal proceedings by Us against You.
5.11. You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies We may have, set off any amount owing to Us by You against any amount payable by the Us to You.
5.12. We reserve the right to withdraw any credit facilities and suspend deliveries if circumstances arise which in Our view oblige Us to do so.
5.13. RD cheques will be subject to a charge of £35, RDPR cheques will be subject to a charge of £25, letters of credit or any direct debit that is refused will be subject to a charge of £75.
5.14. We shall endeavour to comply with reasonable requests to supply copies of goods receipt notes. This service will be subject to a charge of £5 per copy.
6. Open Date Marketing
6.1. No Goods are offered on a sale or return basis. Our representatives are not authorised to accept orders on a sale or return basis. It is therefore Your responsibility to sell the Goods prior to the expiry of any “sell by”, “best before”, “use by” or similar date.
6.2. We reserve the right to amend the specification of any Goods if required by any applicable statutory or regulatory requirements.
7. Pallets, Containers & Roll Cages
7.1. You will pay Us on demand for all pallets, containers & roll cages on or in which You have received Goods from Us at cost to Us unless they are returned to Us or Our nominated agents within a reasonable time of delivery.
8. Consumer Complaints
8.1. Any consumer complaint concerning any of Our Goods must be referred directly to Us and We will manage it. We will not accept responsibility for any payment made by You to a consumer in settlement of any such claim.
9. Warranties and Liabilities
9.1. Nothing in these Conditions shall affect Our implied undertakings given to You under S12 Sale of Goods Act 1979 or Your statutory rights under the Agriculture Act 1970 (as amended).
9.2. Nothing in these Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence, fraud or fraudulent misrepresentation or defective products under the Consumer Protection Act 1987.
9.3. All Goods (except for Drop Shipment Goods) are warranted by Us on delivery to comply with all relevant UK food law from time to time in force. No warranty is given that the Goods comply with food and other relevant legislation or do not infringe third party rights outside the UK. We warrant that the Goods are sold with good title and comply with Our description and specification of them.
9.4. Save as set out in clauses 9.1 to 9.3, all conditions, warranties, guarantees and representations (both innocent and negligent) whether express or implied by law custom or trade or otherwise are excluded.
9.5. Our liability to You under or in any way related to the sale and purchase of Goods or otherwise whether involving Our negligence or not shall only extend to giving an appropriate credit for or repayment of the price paid by You for defective Goods. Subject to clauses 9.1 to 9.3 We shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract, any loss of turnover or of goodwill, or any damage to your property.
9.6. Nothing in these conditions shall affect Your duty to mitigate Your losses. Save as set out above We shall not have any liability whatsoever to You under or if any way related to the sale and purchase of the Goods or otherwise (whether in contract, tort (including without limitation negligence) or by way of statutory duty) for any claims, loss or damage of any nature whatsoever including without limitation consequential losses of any nature whatsoever.
9.7. You shall indemnify Us in full for all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred by or paid by Us as a result of or in connection with any breach or non-compliance with any of the terms of these Conditions.
10. Proprietary Marks
10.1. You acknowledge that the goodwill and other rights in any patents, trade marks, trade names, copyright designs, know how or other intellectual property right used and adopted by Us including Bestway, Best-in, Best-one, Batleys, Xtra Local and any logo or symbol associated with Our name vest in Us and shall remain vested in Us.
10.2. You must not in any way use or display or make any statement or representation about any of Our proprietary marks unless We authorise You to do so, threaten or take any action to contest the validity of Our marks or sell, assign, transfer, charge or otherwise deal with Our marks.
10.3. No right or license is granted under these Terms under any patent, trade mark, trade name, copyright, designs, know how or other intellectual property right except the right to use or resell the Goods. We cannot guarantee that selling the Goods will affect the rights of any third party.
11.1.1. We will share the information we hold about you with any group company, any Drop Shipment supplier or any other contractor or third party required for the fulfilment of Our Contract with You,
11.1.2. We may contact you by post, email, telephone, sms or fax with information about goods and services that we feel may be of interest to You that are similar to those you have already purchased.
11.2. Where You use EPOS or place orders directly with Us using an electronic ordering system, We may automatically collect and use sales and purchase data to analyse and assess sales. We may anonymise this data and share it with selected suppliers for the same purpose.
12. Force Majeure
12.1. Notwithstanding any other condition We shall have no liability whatsoever under or in any way related to the sale and purchase of the Goods or otherwise (whether in contract, tort (including without limitation negligence) or by way of statutory duty) for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond Our reasonable control.
13.1. These Conditions shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.
13.2. The Contract constitutes the entire agreement between Us and You. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Us which is not set out in a Contract.
13.3. We are a member of the group of companies whose holding company is Bestway (Holdings) Limited and we may perform any of our obligations or exercise any of our rights under these Conditions by Our self or through any other member of its group, provided that any act or omission of any group member shall be deemed to be Our act or omission.
13.4. No waiver by Us of any breach of these Conditions by You shall be considered a breach as a waiver of any subsequent breach.
13.5. If any provision of these Conditions is held by any court to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions or the remainder of the provision in question shall not be affected.
13.6. You must not pledge Our credit nor represent yourself as being Us nor Our agent, partner or employee and must not hold yourself out as having any such authority or power to incur any obligations on Our behalf.
13.7. Subject to clause 13.3, any person who is not a party to a Contract between Us shall not have any rights to enforce its terms.
1.1. The promoter of the Bestway Wholesale Survey Prize Draw is Bestway Wholesale Ltd (Company no 01392861) (‘the Promoter’) whose registered office is at 2 Abbey Road, London NW10 7BW.
1.2. Employees of Bestway Wholesale Ltd or their family members or anyone else connected in any way with the prize draw or helping to set up the prize draw shall not be permitted to enter the prize draw.
1.3. There is no monetary fee to enter the prize draw.
1.4. Entries are open to trading businesses or sole traders (‘Customers’) who are registered with any depot trading under the Bestway or Batleys names. One entry to the prize draw will be made automatically on providing answers to the official Customer Survey conducted on behalf of Bestway Wholesale Ltd by Customer Care Research, Brook House, Cage End, Hatfield Broad Oak, Bishop's Stortford, Hertfordshire CM22 7HP.
1.5. Customers will be approached by Customer Care Research and selected on a random basis,
1.6. A draw for the Bestway Wholesale Survey Prize Draw will take place on the first day of each quarter for the total responses obtained in the previous quarter, commencing 1 January 2016.
1.7. The Promoter reserves the right to cancel or amend the prize draw and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the prize draw will be notified to entrants as soon as possible by the Promoter.
1.8. The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with the prize draw.
1.9. The winning prize for each draw is 1 x £500 credit (wholesale price) at the winner’s registered Bestway or Batleys depot. The prize excludes VAT. No cash alternative is available.
1.10 The prize may be redeemed by the named account holder only, and is not transferrable.
1.11 The prize may not be redeemed against any tobacco or tobacco-related products. The prize may be redeemed against more than one visit.
1.12 The prize is valid for one calendar month from the date at which the winner is notified. After this date any remaining prize credit will be withdrawn.
1.13. The Winner will be chosen at random from all entries received and verified by the Promoter and or its agents.
1.14. The Winner will be notified within 7 days of the draw being made. If the Winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the Winner and pick a replacement winner.
1.15. The Promoter’s decision in respect of all matters to do with the prize draw will be final and no correspondence will be entered into.
1.16. The prize draw and these terms and conditions are governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
1.17. The Winner agrees to the use of his/her name and image in any related publicity material. Any personal data relating to the Winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
1.18. The Winner’s names will be available 28 days after closing date by sending a stamped addressed envelope to the following address: Prize Draws (FAO Marketing Department), Bestway (Holdings) Ltd, 2 Abbey Road, London NW10 7BW
1.19. Entry into the prize draw will be deemed as acceptance of these terms and conditions.
Entrants will be deemed to have accepted these terms and conditions, and agreed to be bound by them, when entering this Retailer Incentive.
Who may enter:
1. You are eligible to enter into this Promotion if you:
a. are a Manager of an independent retail store, situated in GB, which purchases Promoter’s product through Bestway, and has your employer’s permission;
b. and are aged 18 or over.
2. Employees (or family members of employees) of any group company of the Promoter, companies associated with the Promotion, and all affiliates of such companies may not enter this Promotion.
How to enter:
3. To take part in this Promotion simply purchase 3 cases of Lucozade Energy (24 x 380ml £1PMP) from the Promoter during the Promotional Period.
4. The Promotional Period will be the period between 1st March 2018 and 31st March 2018.
Winner[s] selection and notification:
5. The Prizes will be awarded to the person named as the contact on the Bestway account number.
6. All 6 winners will be selected by way of a computerised random draw from all valid and completed entries received during the Promotional Period.
7. The winners will be notified by email or phone within around seven working days of the expiry of the Promotional Period. Upon acceptance of the Prize, the prize-winners will be assisted by a third-party prize provider to undertake the required steps to obtain each prize.
8. There will be 6 Prizes awarded in the Promotion.
9. The prize comprises of:
a. 6 x Xbox One and secure delivery within mainland UK;
10. The Promoter reserves the right to substitute the prizes (or any part of the prizes) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control. There is no cash alternative to non-cash prizes and unless the Promoter agrees otherwise in writing the prizes are non-refundable and non-transferable.
11. If any winner is not able, for any reason, to accept a prize, or cannot be contacted within 14 days of the draw date, the Promoter reserves the right to award the prize to another entrant.
12. The Promoter accepts full liability for all matters for which it cannot, under English law, exclude or limit its liability. Otherwise, the exclusions of liability described below will apply. References to the “Promoter” in these paragraphs include all of the Promoter’s associated companies, agents or any other third party involved in the Promotion.
13. The Promoter will not be responsible for (and will have no liability in connection with) occurrences beyond the Promoter’s control, including but not limited to:
a. any postponement or cancellation of the Promotion;
b. any changes to prizes or the way in which they can be used;
c. problems with the dispatch of prizes (such as prizes failing to reach the intended recipient);
d. and any act or default of any third party supplier.
14. The Promoter does not accept responsibility for network, computer, hardware or software failure of any kind, which may affect the sending, receipt or processing of your entry.
15. The receipt of the above prizes may result in tax liability for the winners. It is the winner’s responsibility to check whether any tax liability will arise and, where it does, account for that tax liability.
16. The Promoter’s decision is final and binding in all respects on all entrants. No correspondence will be entered into. Entries that do not comply in full with these terms and conditions will be disqualified.
17. If the Promoter has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind including, without limitation, manipulating the promotion, choice of prize winners or any entry the Promoter reserves the right in its sole discretion to disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.
18. The Promoter reserves the right to amend these terms and conditions at any time.
19. If you have opted in, the Promoter (and their respective business partners if applicable) may also use the details you give us to contact you for marketing purposes by post, email and/or SMS.
English Law applies:
20. This Promotion, and any dispute or claim arising out of or in connection with it (including the prize(s)), shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Promotion (including the prize(s)).
21. The Promoter is Lucozade Ribena Suntory Limited whose registered office is 2 Longwalk Road, Stockley Park, Uxbridge, UB11 1BA.
1. The Promoter: Britvic Soft Drinks Ltd, Breakspear Park, Breakspear Way, Hemel Hempstead, Herts, HP2 4TZ. Registered in England No.517211.
2. By entering the Promotion, entrants confirm that they have read and agree to be bound by these Terms and Conditions and by the decisions of the Promoter
3. Eligibility: This promotion is open to Bestway Wholesale Ltd members aged 18 years or over and the holder of a valid passport issued by a country within European Union. Employees and their immediate families of The Promoter, associated agents or anyone professionally connected with the draw are excluded from entering the competition.
4. Entry Instructions: To enter, purchase six cases of Pepsi MAX 12x500ml Price-marked Packs (all variants) from participating Bestway Wholesale Ltd outlets between 00:01 09-04-18 and 23:59 15-04-18. Entrants should retain invoice as proof of purchase.
5. Promotional Products: Pepsi MAX 12x500ml PMP, Pepsi MAX Cherry 12x500ml PMP, Pepsi MAX Ginger 12x500ml PMP.
6. Entrants must have a Bestway Wholesale Ltd account. One entry per account per draw. For the avoidance of doubt only one unique account number will be accepted per member per week.
7. The prize: Two tickets to the UEFA Champions League Final at the NSC Olimpiyskiy Stadium, Kyiv, Ukraine on Saturday 26th May 2018 with return flights from a London airport, two night’s accommodation and transfers between the accommodation and stadium.
a. The Winner will be expected to comply with any third-party terms and conditions that form part of the Prize, including but not limited to UEFA Champions League Tickets Standard Terms and Conditions, and the relevant football stadium;
b. For the avoidance of doubt, the Prize is for two tickets, return flights from a London airport, overnight accommodation and transfers between the hotel and stadium only and does not include transfers to and from the UK airport, any other travel, food, beverages, souvenirs, gratuities, car parking charges, additional excursions and attractions or any other costs of a personal nature that are not explicitly set out in these terms and conditions and neither the Promoter nor any provider of any part of the Prize will be responsible for any such costs.
c. Flights offered will be return flights from a London airport to Kiev, Ukraine. Accommodation offered will be one 3-star double or twin bed hotel room and is subject to availability. Transfers between the accommodation and stadium are via coach transfer and subject to availability.
d. Winners are responsible for the behaviour of themselves and their guest whilst enjoying the Prize. The Promoter reserves the right in its absolute discretion to exclude the Winner and/or guest from participation in the Prize if the Winner and/or their guest fail to comply with the directions of the Promoter or any companies associated with the Prize or the Winner and/or guest act in a manner that is dangerous to themselves or to the public or is anti-social in any manner or which causes a disturbance or nuisance to others.
e. Tickets will be delivered to the address provided by the Winner. All tickets will require a signature on receipt; it is the responsibility of the Winner to make sure they will be present and able to sign for the tickets.
f. It is the responsibility of the Ticket Winner and any guest to ensure they hold all the relevant documentation to allow them to visit Ukraine for the purpose of attending the UEFA Champions League Final.
g. It is the responsibility of the Ticket Winner to check any travel advisories issued by a Government, to determine whether they wish to accept the risk of travelling to the destination. The Promoter will not be responsible for any loss or damage suffered by any Winner or their guest arising out of their failure to follow any travel advisories issued by a Government.
h. The Promoter will not be liable or responsible for any loss or damage suffered by any Ticket Winner or their guest should any Winner or their guest not redeem a prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries or for any other failure on their part to travel. In particular, the Promoter shall have no obligation to substitute any alternative Prize, cash equivalent or other compensation where a Winner and/or their guest fail to redeem a Prize for any reason.
i. The Ticket Winner and their guest must comply with the terms and limitations of the venues involved in the provision of the Prize. In particular, they must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
j. Ticket winners are prohibited from reselling any tickets won or reselling any other element of their Prize.
k. Any tax payable as a result of the Prizes being awarded or received will be the responsibility of the Winner and they should seek independent financial advice prior to accepting a Prize if this is a concern.
l. Obtaining time off work and/or study or related activities to participate in the promotion and/or take the Prize will be the sole and absolute responsibility of each entrant.
m. Insurance is not provided as part of the Prize. It will be each Winner's and (if applicable) their guest's responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to be taken.
8. Promotional Period: Prize draw opens 00:01 09-04-18 and Closes 23:59 15-04-18 (Promotional Period).
9. Prize Draw: The Prize Draw will take place within 7 days of the prize draw closing. The winner will be drawn at random from qualifying purchases using SalesOut data.
10. Winner Selection: The winner will be drawn under independent supervision at random on the Draw Dates from all valid entries received.
11. Winner Notification: All winners will be notified via the telephone number registered to their account within 14 days of the prize draw.
12. Winner Claim: Winners have 7 days from initial notification to confirm acceptance of their prize, otherwise the Promoter reserves the right to reallocate the prize with no liability.
13. Please allow 28 days from valid acceptance for delivery of the prize. Prizes will be delivered via registered post. A signature will be required to acknowledge delivery. The Promoter is not responsible for prizes lost, damaged or stolen in the post.
14. If any prizes are undelivered due to inaccurate details the Promoter reserves the right to withdraw and reallocate the prize entitlement with no liability.
15. It is the responsibility of the entrant to provide their correct, up-to-date details when entering the promotion and/or confirming acceptance of the prize in order for their prize to be processed. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
16. The Promoter reserves the right to verify any entrants, including but not limited to, requesting proof of purchase, age, name and address, before making a prize award and to refuse to award a prize, or withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
17. The name and county of the winner will be available by sending an SAE to Bestway UCL Final Comp, Shopper Marketing (C&I), Britvic Soft Drinks, Breakspear Park, Hemel Hempstead. HP2 4TZ.
18. All prizes are non-transferable and non-refundable. No cash alternatives. In exceptional circumstances the Promoter reserves the right to substitute the prizes with one(s) of an equivalent value should the prizes become unavailable for any reason. If any winner is not able for whatever reason to accept his or her prize, then the Promoter reserves the right to award that prize to another participant. Resale of the prize is strictly prohibited.
19. Incomplete, illegal, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. The Promoter takes no responsibility for entries that are delayed, incomplete or lost due to technical reasons or otherwise.
20. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries or via third parties or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified. If it becomes apparent that a participant is using a computer(s) or multiple aliases to circumvent this condition by, for example, the use of 'script', 'brute force', masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that participant's entries into the Promotion in a way that is not consistent with the spirit of the Promotion, that person's entries will be disqualified and any prize award will be void.
21. Entry into the Promotion is at the entrant's sole risk. To the extent permitted by law, the Promoter does not accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a prize. The Promoter further disclaims liability for any injury or damage to entrants or any other person relating to or resulting from participation with this Promotion save that nothing in these terms and conditions shall act to limit or exclude the Promoter's liability resulting from its negligence or fraud.
22. If for any reason, the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Promotion.
23. If an act, omission, event or circumstance occurs which are beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.
24. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the Promotion.
25. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prizes. The Promoter or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter or its agencies.
26. Prize winners agree to their name and photograph being used for promotional purposes and/or to take part in reasonable unpaid publicity for the purposes of this Promotion.
28. The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.
29. The Promotion and these terms and conditions, and any disputes arising therefrom, shall be subject to English law and the exclusive jurisdiction of the English and Welsh Courts.
These terms and conditions (“Terms and Conditions”) prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions are deemed to form part of these Terms and Conditions and by participating all entrants will be deemed to have accepted and be bound by them. Please retain a copy for your information.
1. Promoter: Mars Wrigley Confectionery UK Limited, 3D Dundee Road, Slough, Berkshire SL1 4LG (“Promoter”)
2. The ‘Win an Apple iWatch’ promotion (“Promotion”) runs from 9th May to 30th June 2018. (“Promotion Period”).
How to Enter
3. This Promotion is open to [independent retailers] located in Great Britain (England, Scotland & Wales) aged 18 or over (“Participant”). Employees of the Promoter and their immediate families, affiliated companies, agents or anyone else professionally or personally connected with this Promotion are not eligible to take part.
4. To enter the Promotion, a Participant must purchase 5 promotional cases of featuring the Sweetstakes overlay from Bestway Wholesale during the Promotional Period (“Entry”) using their own Bestway customer ID. Purchases made using a Day Pass will not be eligible. Qualifying purchases can be made online at www.bestwaywholesale.co.uk, in any Bestway or Batleys depot, or through the official Bestway app. [The purchase of 5 promotional cases must be made in one transaction to qualify for an Entry in the prize draw.] On making a qualifying purchase of 5 cases, the Participant will be entered in the prize draw. A Participant will receive one entry in the prize draw for every qualifying purchase of 5 cases made during the Promotion Period.
5. Ten (10) winners will be drawn at random on 2nd July 2018, using randompicker.com. The winners will be notified within 10 days of the prize draw by email by their Bestway/Batleys depot manager.
6. Each winner will have 20 days to respond to the [email] notification and validate their Entry.
7. If the Promoter is unable to contact a winner or does not receive a response within the 20 days, or if a winner rejects the prize or is disqualified for breaching these Terms and Conditions, then the Promoter reserves the right to draw another winner at random from all remaining valid Entries, with the originally selected winner forfeiting their right to the prize.
8. Winners may be required to present an in-store or digital receipt confirming their qualifying purchase of 5 cases of Mars products with the Sweetstakes overlay during the Promotion Period, to validate their claim to a prize.
9. Purchases of cases of different products, those made outside of the Promotion Period or purchases of less than 5 cases of Sweetstake products will not qualify for an entry in the prize draw.
10. The Promoter does not accept responsibility for (1) lost, late or undelivered entries or (2) any technical, mobile reception or access issue, failure, malfunction or difficulty that might hinder entry in the Promotion or (3) any event beyond its reasonable control which may cause the Promotion to be disrupted or not capable of running in accordance with those Terms and Conditions. Promotional cases of Mars products with the Sweetstake overlay are subject to availability.
11. Each winner will win an Apple Watch Series 3.
12. Winners will receive their prize within 28 days of validating their Entry. The Promoter cannot be held responsible in the event that a winner does not receive their prize as a result of their address details linked with their Bestway customer ID being incorrect or incomplete.
13. A list of winners (names and counties only) can be requested by sending a stamped self-addressed envelope to Customer Marketing, 'Win an Apple iWatch', Mars Wrigley Confectionery UK Limited, 3D Dundee Road, Slough, Berkshire SL1 4LG after 1st August 2018.
14. The Promoter accepts no responsibility for any claims, losses or damage resulting from a winner's use of their prize.
15. Winners may be requested to participate in future publicity but will be contacted further by the Promoter if this is the case.
16. In the event of unforeseen circumstances, the Promoter reserves the right to substitute alternative prizes of equivalent or greater value.
17.The Promoter reserves the right to verify the eligibility of Participants. The Promoter may require such information as it considers reasonably necessary for this purpose and a prize may be withheld unless and until the Promoter is satisfied with the verification details provided by a Participant.
18. The Promoter reserves the right to reject any Entry that does not comply with these Terms and Conditions.
19. The prizes are as stated, are non-transferable and no cash alternatives will be offered.
20. This Promotion, including these Terms and Conditions, is governed by the laws of England and Wales and Participants submit to the exclusive jurisdiction of the English courts in relation to any dispute arising under or in connection with the Promotion and/or these Terms and Conditions.
21. The Promoter reserves the right at its sole discretion to suspend the Promotion or amend these Terms and Conditions at any time with or without notice.
22. The Promoter’s decision is final and no correspondence will be entered into, except with the winners.
23. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
24. Participants' details will be used for administration of the Promotion only and will be deleted no later than 30 days after the winners have been drawn and prizes delivered. A Participant can request deletion of their details earlier by contacting the Promoter but the Promoter cannot be held responsible if this prevents the delivery of a prize, if that Participant is selected as a winner.