Terms(B2B)

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 Finjan Al Basch. Unless otherwise mutually agreed in writing they will apply notwithstanding any other terms on which You wish to purchase Goods from Finjan Al Basch. Our representatives, depot staff or vehicle drivers are not authorised to agree to any other conditions or to vary these Conditions.

These Conditions supersede any previous conditions between You and Finjan Al Basch (whether oral or in writing) and also supersede any previous course of dealing, trade custom or understanding between You and Finjan Al Basch.

In these Conditions “Goods” means all goods sold by Us to You, “We/Us/Our” means either Officine Basch or Finjan Al Basch as notified to You by the applicable entity and “You/Your” means the person, company or other legal entity purchasing the Goods. “Contract” means the contract between Finjan Al Basch 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. “Group” means that company, any subsidiary or any holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company as defined in section 1159 of the Companies Act 2006.

Each company in a Group is a member of the Group. “Handballing” or “Handball Delivery” means where Goods are delivered to store and We breakdown the palletised or caged delivery of Goods or move the complete pallets or cages to different parts of the store. “Standard Delivery” means where Goods are delivered as a drop and drive delivery of palletised or caged Goods to the kerbside or threshold of a store.

These Conditions cover: sales of Goods to You ‘off the shelf’ at a depot; or, by ‘Officine Basch’ where an order is placed via Our website or mobile application for You to collect from a depot; or Standard Delivery.

Certain terms and condition may be applicable according the method of sale.

These Conditions should also be read with Our Privacy Policy, Terms of Use and Cookie Policy which may be amended from time to time. These Conditions and Our policies can be viewed at any time on Our website – trade.finjanalbasch.com/terms or other trading division websites.

We reserve the right to refuse Your custom, suspend sale or delivery, or cancel any order in the following circumstances or event:

• that circumstances arise which, in Our view, oblige Finjan Al Basch to do so;
• that Our accounts are not paid to terms;
• that payments are not received from a registered customer or other authorised payment provider or agent;
• Your insolvency or that 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; and
• Our absolute discretion there is a risk that to proceed with such activity may result in a breach of any law, rule or regulation of any jurisdiction including but not limited to bribery, corruption, money-laundering, terrorist financing or the breach of any sanctions related laws or rules including any economic, financial or trade laws or regulations enacted or enforced by any jurisdiction.

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.

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 Finjan Al Basch, 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.

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.

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 Finjan Al Basch in any change in the partners of Your business.

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 Finjan Al Basch. We may (at Our discretion) require You to complete a new customer application form.

We do not sell Goods to anyone under the age of 16 without parental consent and sales may be refused without proof of age.

We may collect information from you in order to prevent and detect fraud, money laundering and other crime.

We reserve the right to take any action that is required by Finjan Al Basch in order to comply with any law, regulation (including guidance from regulators) or an order of the court. This includes but is not limited to bribery, corruption, money-laundering, terrorist financing or the breach of any sanctions related laws or rules including any economic, financial or trade laws or regulations enacted or enforced by any jurisdiction.

We reserve the right to change these terms and conditions from time to time in Our absolute discretion in order to comply with the operation of law, regulation, guidance, a decision of the court or equivalent body or as We otherwise see fit.

To order from the trade.finjanalbasch.com website, you must be over 18 years of age and:

• Provide a valid name, contactable information and genuine payment details when placing your order.
• A verifiable delivery address.
• You must be a registered company or have proof of a trading history if your a sole trader.
• On occasion we may ask for evidence of your business activities.

In some cases, we may only be able to deliver to your billing address.

Prices displayed on our trade website are invitation to treat only. All prices are applicable on date of acceptance of Your order and as set out in Your invoice.

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.

We reserve the right to alter Prices without notice to reflect increase in costs to Finjan Al Basch.

Prices are exclusive of VAT and VAT will be charged on the supply of Goods at the rate prevailing at the tax point date.

You may apply for but We are not obliged to give 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.

You must give true and accurate information on any application for a cheque payment or credit facility and acknowledge and agree to Us processing Your data in accordance with Our Privacy Policy including sharing Your information and data with credit reference agencies.

Where You provide Us with information in relation to Your business partners or directors then You must obtain their consent to disclose this information to Us.

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.

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.

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.

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.

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.

If You fail to make any payment due to Us in accordance with these terms then You shall pay interest on the overdue amount 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.

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.

You shall pay all and any costs and expenses incurred by Finjan Al Basch 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 Finjan Al Basch against You.

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 Finjan Al Basch by You against any amount payable by the Us to You.

We reserve the right to withdraw any credit facilities and suspend deliveries if circumstances arise which in Our view oblige Us to do so or as required by the operation of law, regulation, guidance or a decision of the court or equivalent body.

Cheques will be subject to a charge of £60, RDPR cheques will be subject to a charge of £50, letters of credit or any direct debit that is refused will be subject to a charge of £85.

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.

Product prices shown on caffebasch.com are in British Pounds, US Dollars, Hong Kong Dollars, Chinese Yuan, Australian Dollars, Euros, Canadian Dollars, Taiwanese Dollars, South Korean Won, Singapore Dollars or such other currency as we may offer from time to time and are inclusive of UAE value added tax (“VAT”) (where applicable), at the appropriate rate.

Where you have requested delivery of your order to a place outside the UK, the total cost of your Order will exclude any taxes, duties, fees, levies or other charges levied by that country.

Any coupon, discount, offer or promotional discount (the “Promotion”)  offered on finjanalbasch.com are non- transferable and valid only for use as part of a purchase made via finjanalbasch.com, unless otherwise stated and subject to availability.

No cash alternative will be offered on any Promotion. The Promotion cannot be used in conjunction with any other coupon, offer or promotional discount and it must be redeemed by the date published (if applicable and provided).

Under no circumstances will we be able to honour incorrect promotions and discount codes offered by third parties who we are not affiliated with and/or have not agreed to run a Promotion with.

Finjan Al Basch does not directly process your payments, rather we use financially regulated payment providers for all payment processing on a subcontracted basis.

Our current payment providers are Stripe LLC, PayPal LLC & Klarna AG.

A Buy Now Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by Visa debit/credit, MasterCard debit/credit, American Express, Maestro (excl. Maestro on mobile application), WePay, AliPay, Union Pay, Diners Club, Discover, Apple Pay, Google Pay and JCB.

Buy Now Payments by credit or debit card is immediately due and payable at the time you place your order.

Your card details are encrypted during all transmissions for security purposes. Finjan Al Basch and its affiliated companies do not store your card details.

Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Finjan Al Basch does not receive the authorisation, Finjan Al Basch reserves the right to cancel your order.

No order will be shipped until payment is received or payment has been authorised or processed. The data registered by our payment system constitutes full proof of the financial transactions.

To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.

If the issuer of your payment card refuses to or does not, for any reason, authorise payment, we will not be liable for any delay or non-delivery.

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.

We reserve the right to amend the specification of any Goods if required by any applicable statutory or regulatory requirements.

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 or as required by the operation of law, regulation, guidance or a decision of the court or equivalent body.

There is no Contract between Finjan Al Basch and You until We confirm acceptance of Your order.

Once an order is accepted by Finjan Al Basch, We specifically reserve the right to cancel or suspend an order in the event of non-payment for any Goods previously ordered by You. 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.

Minimum Order Quantities. There is no minimum quantity requirements

Minimum order values for delivered Goods are as follows on a per order basis:

Grocery/ Retailer customers – £100 (Standard Delivery or Handball Delivery). (Any subsequent orders placed in time for Us to pick together will be combined into one delivery to meet this threshold).

Catering customers – £100; Excluding bespoke products

Office customers – £50; Excluding bespoke products

Other Trade customers – £50; Excluding bespoke products

Delivery Charges (for Grocery/Retailer customers only). Grocery/ Retailer customers will be charged for Standard Delivery and Handball Delivery of orders that are calculated and charged to You when orders are picked by Finjan Al Basch (unless paying by Direct Debit when delivery charges are charged when ordered and not picked) as follows:

• orders of $1,000 and over (excluding tobacco and VAT) will be delivered free of charge;
• orders between $500 and $999.99 (excluding tobacco and VAT) will incur a delivery charge of £25 plus VAT; and
• Handball Delivered Orders will be charged £25 plus VAT regardless of the order value and in addition to any delivery charge incurred.

Orders must be placed online or by telephone for the ‘Standard Delivery’ service where Finjan Al Basch will pick the order for You and deliver it to Your store at an agreed delivery time slot (available Monday to Friday). Where You regularly order delivered Goods We will arrange a regular delivery slot with You.

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.

All delivery dates quoted or agreed by Finjan Al Basch 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 for delivered orders and have paid in full.

All Goods should be examined upon delivery at case level prior to being signed for and must be signed for upon delivery/collection. You are expected to retain one copy of the receipt note which You sign.

In the event that upon delivery You discover damaged or faulty 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 or faulty Goods must be returned in their original, unmarked packaging. All cages and tanks must be checked at time of delivery. Damaged, faulty 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.

In the event that upon delivery and/or within 30 days from such date, You discover any faulty electrical Goods then You should notify Us in writing as soon as possible and in any event within 30 days of purchase. On notification, You may return to Finjan Al Basch such faulty electrical Goods if in their original packaging, unused and not subject to any wear and tear or misuse.

We will inspect the electrical Goods and at Our entire discretion decide if a refund, repair or replacement is appropriate. If there are any signs of use, damage, misuse or neglect then We reserve the right not to exchange, refund or replace the faulty item.

Any refund or credit given in relation to faulty electrical Goods which have been authorised by Us will be processed within 30 days from inspection for any sum that has been paid by You plus any reasonable associated cost of carriage or postage if applicable and on proof of expense. If a period of 30 days or more has passed since the delivery or purchase of the electrical Goods then such goods including faulty goods will be deemed ‘accepted’ by You and all returns must be processed by You directly with the manufacturer in accordance with any manufacturer warranty. We will not accept claims or be liable for faulty goods that have been deemed to be accepted.

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 Finjan Al Basch by the end of day of your scheduled delivery.

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 Finjan Al Basch 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 Finjan Al Basch 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.

We will be liable for all congestion charges incurred as a result of deliveries made within congestion charge zones.

Bulk Purchases – We reserve the right to refuse delivery of bulk purchases. Bulk purchases may incur additional delivery charges. Contact Finjan Al Basch for details.

If You fail to take delivery of the Goods on the delivery date and time except where such failure or delay is caused by a Force Majeure Event or Our failure to comply with Our obligations under the Contract, We may;

Store the Goods until actual delivery and charge You for the reasonable costs (including insurance) of storage; and/or

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.

Introduction

Delivery Terms & Conditions

Estimated Delivery Date

Next Day Delivery

Delivery Partners

Delivery Taxes & Duties

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.

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 Finjan Al Basch from You.

Until all payments due for the Goods have been received:

Full legal and equitable title shall remain with Finjan Al Basch

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 although 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;

• We may trace any proceeds of sale of our Goods into any account which You maintain and
• You must not assign any rights arising from the sale of such Goods without Our consent.

If You breach the above clause then Finjan Al Basch 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.

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 to the value of the amount due and payable.

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 Finjan Al Basch shall forthwith become due and payable.

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.

We sell perishable goods and therefore all coffee products, rubs or any product deemed perishable is non-refundable. This is inclusive of customised products, where you the customer have selected personal preferences such as roasting profile or spices. 

To refund a Finjan Al Basch product from a third-party retailer, please refer to their terms and conditions of sale.

When you return the Product, you must return the Products to us in an undamaged and unused condition at your expense (unless the Product is faulty or not as described) without undue delay and in any event within 14 days from informing us of your intention to return the item. Insofar as possible and practicable, the Products should be returned in their original condition and packaging.

At your expense (unless the Product/s is/are faulty or not as described), you shall send back the Products, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.

To the extent practicable, and for due process of you request, the Products should be returned accompanied by the invoice and the return form. The deadline is met if you send back the Products before the period of 14 days has expired. Your legal rights regarding defective Products (those that are faulty or mis-described) are not affected by your rights of return and refund in this Article 4 or by anything in these General Terms & Conditions of Sales.

The original cost of delivery won’t be included in your refund.

However if you return an item as an international customer, the taxes and import duties will be refunded to you by your local customs office and you are solely responsible for reclaiming this.

Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition.

Refunds will be issued back to you as follows:

a) If you paid for your Order using a credit, charge or debit card then your refund will be made back to the same card. This will appear in your account within five (5) days depending on your card issuer.

b) If you paid for your Order using your PayPal or Alipay account, you can either get a refund on a gift card or we can arrange for your Order or alternatively a refund will be made back to your PayPal or Alipay account (this may take up to 10 days).

c) If you paid for your Order using a gift card or e-voucher and returned it to us via post, then the refund will be made back to you via an e-voucher.

d) If you paid for your Order using a gift card or e-voucher as well as your credit or debit card, then any refund for that Order will be made back in the same amounts to the same payment methods that you used when originally placing your Order, with priority given to your credit or debit card. This means that if you placed an Order for £100 but used a £50 gift card, with the remainder paid for using your debit card, then you will receive a £50 refund to your debit card and a £50 refund to a gift card (if you returned your item to store) or e-voucher (if you returned your item via post).

Alternatively, if you bought two items totalling £100 (one being £60 and the other £40) and you paid for these using a £50 gift card, with the remainder paid for using your debit card, then if you wanted to return the item worth £60 this would mean that you would receive a £50 refund to your debit card and a £10 refund to a gift card or e-voucher (subject to how you returned the item to us).

If you have used Klarna or PayPal Pay in 3, we will notify Klarna to cancel your credit agreement and to refund you any installments you have paid.

If any provision or part-provision of these General Terms & Conditions of Sale is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.

Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these General Terms & Conditions of Sale.

The present General Terms & Conditions of Sales (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of Products from Finjan Al Basch shall be governed by and construed in accordance with the laws of the UAE.

Any dispute or claim arising out of or in connection with General Terms & Conditions of Sales or your purchase of Products from Finjan Al Basch (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of the UAE.