FoodIreland Wholesale Terms of Use
Agreement
- This agreement is between Food Ireland Wholesale and you the customer and governs the terms of business. By placing and order with Food Ireland Wholesale, either on this website or by any other means, you agree to these terms and conditions.
We only sell to the trade.
- FoodIreland Wholesale only sells to valid businesses who's primary business function is reselling food products to others.
- We only sell to businesses where we can independently verify the existence of a commercial business using basic research.
- We only sell to businesses who operate out of a commercial premeises. We do not approve businesses who operate out of residential premises.
- We only sell to businesses where we can verify that the businesses commercial premises is suitable for or is registered with local health authorities for the storage of food.
- We do not accept third party address as shipping addresses.
- We currently do not approve customers who ship goods for resale to third party marketplaces ( Amazon etc .. )
- We only sell to business who are based in the United States or who can pick up the goods in the United States.
- Businesses who are not registered to collect sales tax in the district where the goods are being shipped to will not be approved.
- Businesses who are not reselling the goods we sell them will not be approved.
- Food Ireland Wholesale does not sell to individuals, we are not a retail store and we do not sell to the public.
- By placing an order with Food Ireland wholesale on this site or by any other means, you explicidely agree that you are buying the goods for a business that is legally allowed to resell the food products purchased at the shipping address you provide us with, that the business is currently registered by that state for reselling goods and that the goods are not for personal use.
PRODUCT DESCRIPTIONS
- FoodIreland Wholesale and its affiliates attempt to be as accurate as possible as regards published descriptions, images, or prices. However, FoodIreland Wholesale does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by FoodIreland Wholesale itself is not as described, your sole remedy is to return it in unused condition.
Order acceptance policy:
- Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell, but only a record of your offer to purchase a particular item at a particular price.
- After you place an order, FoodIreland Wholesale will determine whether or not to fill the order, and FoodIreland Wholesale may refuse or limit your order for any reason.
- By placing your order, you agree to accept all terms and conditions set forth anywhere on this site, including FoodIreland Wholesale's terms and conditions of sale set forth on this page..
- Food Ireland Wholesale reserves the right to accept, refuse, or limit your order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions posted on this web site. By placing your order, you agree that FoodIreland Wholesale's total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to FoodIreland Wholesale for the product giving rise to FoodIreland Wholesale's liability.
- ALL ORDERS ARE SUBJECT TO THESE TERMS AND CONDITIONS OF SALE. YOU ACKNOWLEDGE AND AGREE THAT ACCEPTANCE OF YOUR ORDER IS CONDITIONED UPON YOUR ASSENT TO THESE TERMS AND CONDITIONS OF SALE AND ANY INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE.
Order fulfillment times:
- Order fulfillment times varies. Orders are processed in the order they are received. During busy times ( Oct thru Dec, March and Easter ) fulfillment times will be longer than normal.
- Orders that qualify for 'Food Ireland Truck' need to be received by 12.00pm EST day before scheduled truck route
- Orders that qualify for 'UPS' need to be received by 12.00pm EST day before.
- Orders that contain perishable items are not shipped if there is a risk that they will be in transit for more than 2 days. Generally perishable orders are only shipped Monday thru Wednesday.
- Certain carriers we use to ship orders have changing schedules outside of our control which will determine when order ships.
- If we have a question that needs to be answered before we fulfill an order, we will contact you via email or phone. If we dont not get a response within 4 business days we will release your order due to the perishable nature of food. Please make sure you email and contact numbers are correct on your account.
- We do not create backorders. If an item is unavailable for any reason at time of order fulfillment, we will cancel that item off your order.
Warranty Limitations
- The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer.
- You acknowledge and agree that Food Ireland Wholesale is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold.
- Food Ireland Wholesale makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples.
- THIS SITE IS PROVIDED BY FOODIRELAND WHOLESALE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- FOODIRELAND WHOLESALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
- FOODIRELAND WHOLESALE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FOODIRELAND WHOLESALE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOODIRELAND WHOLESALE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- Some states do not allow limitations on implied warranties so these limitations may not apply to you.
Payment Terms
- Terms of payment are within Food Ireland's sole discretion, and unless otherwise agreed to by Food Ireland, payment must be received by Food Ireland prior to Food Ireland's acceptance of an order.
- Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Food Ireland Wholesale.
- Customer agrees that any payment method supplied to Food Ireland for payment of goods may be used by Food Ireland to capture payments for any order that the customer places with Food Ireland that is not paid within the agreed terms or 30 days, which ever comes first.
- Invoices are due and payable within the terms noted on the invoice. The invoice is aged starting with the order date printed on the invoice, not from the date you receive the goods.
- Terms 'COD' or 'Due on Reciept' means the payment is due the day the order is placed with us.
- Net 30 means we need to recieve payment for full amount as stated on the invoice on or before 30 calander days from the order date printed on the invoice. Paying after 30 days will revoke terms to COD.
- Customer understands and agrees that any invoice not paid by the due date can be charged to a payment method on file with and supplied by customer to Food Ireland for payment of previous invoices where such payment methods may include but are not limited to credit cards, wire transfer, ACH payment or EFT
- Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
- Customer agrees that any dispute or other legal action, including any arbitration or litigation proceedings, that either party takes in connection with this terms of use agreement, that party may bring that proceeding only in the United States District Court for the Southern District of New York or, only if there is no federal subject matter jurisdiction, in any state court of New York sitting in Westchester County, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
- Customer agrees that in the event that legal action is taken by Food Ireland to recover monies owed by customer to Food Ireland, Customer shall also be responsible for legal costs incurred by Food Ireland in its efforts to collect balance owed by customer to Food Ireland.
Shipping Easter Eggs
- Easter Eggs are fragile and do not ship well by Common Carrier. While every effort is made, we cannot guarantee that eggs shipped by UPS or other common carrier will arrive undamaged.
- Easter Eggs move inside their own packaging and this movement can cause them to crack and break inside their own packaging while in transit with a courier.
- Food Ireland Wholesale cannot accept any responsibility for any Easter Egg that arrived damaged that was shipped by UPS or other common carrier.
Claims for damaged goods shipped
- Perishable Items: Claims for problems with perishable items, including shortages or damaged-in-transit claims, must be made within 24 hours of receipt of goods. We are unable to investigate a claim after this time period due to the time sensitive nature of perishable items. See below for reporting shortages or damaged in transit claims for these items.
- Non Perishable items: Claims for problems with non perishable items, including shortages or damaged-in-transit claims, must be made within 72 hours of receipt of goods. We are unable to investigate a claim after this time period due to the time sensitive nature of perishable items. See below for reporting shortages or damaged in transit claims for these items.
- FoodIreland Wholesale ships orders via different trucking companies and UPS. If you have receive a delivery and notice that there are damaged goods you need to follow these procedures depending on how the goods were delivered to you.
- If the goods were delivered via Food Ireland Truck, you need to tell the driver at point of delivery. We can not entertain a claim for damages after the driver has departed
- If the goods were delivered via UPS, you need to call UPS at 1 800 PICK UPS within 24 hours of reciept of goods and tell them of the damages. Then you need to contact us same day and give us the claim number from UPS and we will follow up with UPS.
- If the goods were delivered via common carrier ( such as a trucking company like Conway or R&L) you must note damages or missing cases on drivers paperwork at time of delivery BEFORE YOU SIGN for the goods. We can not process any claim for damages or shortages if you do not first report the damages or shortages to the carrier. Before accepting delivery of your order ( signing for delivery ) , inspect for damages and verify carton count. All exceptions must be noted on drivers delivery receipt prior to acceptance. Failure to note damages or shortages on drivers delivery sheet will result in denial of claim. If internal damage is observed while opening cases, please notify us within 48 hours of receipt of goods. Keep all damaged goods in original cartons and packaging for inspection by others.
Best Before date of our Food Products
- FoodIreland Wholesale imports all the goods we sell on this website from Ireland, UK or other parts of Europe. In these countries, food manufacturers put relatively short expiration dates on food products compared to a similar product for sale in the USA. Please be aware of this fact when ordering products from us. If you are not sure, please email us. Irish Chips for example usually have only an expiration date of between 4 -9 weeks. Cookies are normally 6 months at best. Check with us if you are not sure.
- Please be aware that many expiration dates from Ireland and the Uk are in the format day/month/year. Please be aware of this when ordering products from this site.
Special Instructions:
- We assume your business is open every business day to accept deliveries. If your business is not open on a particular day, please note this on each and every order you send us. We are not responsible if we ship you an order and your business is closed during normal business hours.
- We are unable to schedule deliveries for a particular time of day. Deliveries are made on a pre determined route based on many factors. We have no way to control what time of day the truck driver gets to your business.
- We can not be responsible if a delivery is made outside of the estimated scheduled day of delivery.
- If you request special services from the common carrier such as use of a lift gate or inside delivery, we will charge your account for any extra fee incurred by us from the carrier for this service. If you know you need any such special service, please add to notes of order so we may specify this to carrier in advance of shipping. Please note common carriers charge extra for special services.
Term of Use Revisions
- FoodIreland Wholesale may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
