Terms of service

This website is operated by Apex Culinary Supplies.

Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Apex Culinary Supplies. We operate this website and provide the related information, products, services, features and tools available through it.

Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to sell our products to you.

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referred to on our website, govern your access to and use of our website and your purchase of products from us.

By accessing our website, creating an account or placing an order, you agree to these Terms of Service. If you do not agree to them, you must not use our website or place an order.

Nothing in these Terms limits or excludes any rights that consumers have under applicable UK consumer law.

SECTION 1 — ELIGIBILITY, LAWFUL USE AND CUSTOMER INFORMATION

You must be legally capable of entering into a binding contract to place an order with us.

You must provide complete, accurate and current information when placing an order, including your name, email address, billing address, delivery address and payment details.

You confirm that you are authorised to use the payment method provided and that the information supplied belongs to you or is being used with the account holder’s permission.

You are responsible for maintaining the confidentiality of your account details and password and for all activity carried out through your account.

You must not use our website or products for any unlawful purpose.

Products containing nitrous oxide are sold solely for legitimate culinary, food-preparation, beverage-preparation, catering, hospitality or other lawful purposes.

You must not purchase, possess, supply, resell or use nitrous oxide products:

for recreational or wrongful inhalation;
for their psychoactive effects;
for any unlawful purpose;
where you know or suspect that another person intends to use them unlawfully; or
in a way that breaches applicable laws or safety instructions.

We may request further information about your identity, intended use, business or delivery address where reasonably necessary.

We may refuse or cancel an order if we reasonably suspect misuse, unlawful supply, fraud, inaccurate information or a risk to health, safety or legal compliance.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We take reasonable care to ensure that product descriptions, photographs, specifications, prices and availability are accurate.

Product packaging, branding, colours or appearance may occasionally differ slightly from photographs displayed on the website because of manufacturer changes, screen settings, lighting or updated packaging.

Minor differences that do not affect the product’s main function, quality or description will not normally mean that the product is defective or not as described.

All products are subject to availability. We may change or discontinue products, introduce reasonable purchase limits or restrict sales to particular locations where necessary.

You must read and follow all manufacturer instructions, warnings and safety information supplied with the product.

Nitrous oxide cylinders and cream chargers must only be used with suitable and compatible equipment and for their intended lawful culinary purpose.

SECTION 3 — ORDERS AND CONTRACT FORMATION

When you submit an order, you are making an offer to purchase the products listed in your order.

An automated order acknowledgement confirms that we have received your order but does not necessarily mean that we have accepted it.

A contract is formed when we confirm that your order has been accepted or dispatched.

We may refuse or cancel an order before acceptance for reasons including:

the product being unavailable;
an obvious pricing or description error;
payment not being authorised;
suspected fraud;
delivery restrictions;
inability to verify customer information;
suspected unlawful or inappropriate use;
unusually large or repeated orders that create legitimate safety concerns; or
a breach of these Terms.

If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled products using the original payment method.

Please check your order carefully before submitting it. Contact us promptly if you notice an error, although we cannot guarantee that an order can be amended or cancelled once processing or dispatch has begun.

Products may be purchased for personal culinary use or legitimate commercial use, including use by cafés, restaurants, caterers, hospitality businesses and other food or beverage businesses.

Any resale or onward supply must be lawful and carried out responsibly.

SECTION 4 — PRICES, TAXES AND PAYMENT

The price charged will be the price displayed when you submit your order unless there is an obvious pricing error.

Prices are shown in pounds sterling unless stated otherwise.

Prices include any taxes that we are legally required to include. Delivery charges and any other applicable charges will be clearly displayed before you complete your order.

We may change prices, promotions and discounts at any time, but changes will not affect orders that we have already accepted.

Promotional offers may have separate conditions. If there is a conflict between these Terms and the specific conditions of a promotion, the promotion conditions will apply to that promotion.

Payment must be made using one of the payment methods offered at checkout.

You agree to provide accurate and complete billing and payment information.

If payment is declined, reversed or identified as potentially fraudulent, we may suspend or cancel the order.

SECTION 5 — DELIVERY

We deliver only to locations shown as available during checkout.

Available delivery methods, estimated delivery dates and delivery charges will be displayed before you place your order.

Delivery dates and times are estimates unless we expressly agree otherwise.

We are not responsible for delays caused by circumstances outside our reasonable control, including severe weather, transport disruption, carrier delays or incorrect delivery information supplied by the customer.

For consumer orders, products remain at our risk until they are delivered into your physical possession or the possession of a person identified by you to receive them.

If you independently arrange a delivery carrier that we did not offer as a delivery option, risk may pass when the products are handed to that carrier, where permitted by law.

You are responsible for ensuring that:

the delivery address is complete and accurate;
somebody is available to receive the delivery where required;
the delivery location is safe and suitable; and
any delivery instructions are accurate.

If delivery cannot be completed because of incorrect information, refusal, repeated absence or another matter within your control, you may be responsible for reasonable redelivery or return costs.

Please contact us promptly if your order is late, missing or visibly damaged.

Unless another delivery period has been agreed, consumer orders will normally be delivered within 30 days after the contract is formed.

SECTION 6 — CANCELLATIONS, RETURNS AND REFUNDS

Our Refund Policy forms part of these Terms and explains how to request a cancellation, return, replacement or refund.

Consumers purchasing online will generally have the right to cancel an eligible order within 14 days after the day on which the products are received, subject to any exceptions permitted by law.

To exercise your cancellation right, contact us at:

info@apexculinary.co.uk

You must clearly state that you wish to cancel and provide enough information for us to identify the order.

After notifying us of cancellation, you must return the products in accordance with our Refund Policy.

You may be responsible for the direct cost of returning unwanted products unless:

the products are faulty;
the products are damaged;
the products are not as described;
we sent the wrong products; or
applicable law requires us to cover the cost.

You may handle products only to the extent reasonably necessary to inspect their nature, characteristics and functioning.

We may make a lawful deduction from a refund where the product’s value has been reduced through handling beyond what would reasonably be permitted in a shop.

Cancellation rights do not affect your statutory rights where products are faulty, unsafe, not of satisfactory quality, not fit for purpose or not as described.

Business customers do not have an automatic 14-day consumer cancellation right unless we expressly agree otherwise in writing.

SECTION 7 — FAULTY, DAMAGED OR INCORRECT PRODUCTS

Products supplied to consumers must be:

of satisfactory quality;
fit for their intended purpose; and
as described.

We may ask for photographs, packaging information, batch details or other reasonable evidence so that we can investigate.

Depending on the circumstances and your legal rights, we may offer a repair, replacement, price reduction or refund.

Nothing in these Terms limits your statutory consumer rights.

SECTION 8 — BUSINESS CUSTOMERS

This section applies where you purchase products wholly or mainly for business, trade or professional purposes.

You confirm that you have authority to place the order on behalf of the relevant business.

Business customers may purchase products for legitimate catering, hospitality, food-production, beverage-preparation or related commercial use.

Unless expressly agreed otherwise:

orders are not supplied on a sale-or-return basis;
business customers do not have consumer cancellation rights;
payment must be made at the time of order;
products must be inspected promptly after delivery; and
faults, shortages or transit damage should be reported within a reasonable period.

Nothing in this section excludes any right or remedy that cannot lawfully be excluded.

SECTION 9 — INTELLECTUAL PROPERTY

The website and its contents, including text, photographs, graphics, logos, branding, layouts, videos, product information and software, are owned by or licensed to Apex Culinary Supplies and are protected by applicable UK and international intellectual-property laws.

You may use the website for lawful personal or internal business-purchasing purposes.

You must not, without our prior written permission:

copy or reproduce substantial parts of the website;
republish or commercially exploit our content;
modify or create derivative works from our content;
use our branding, trade names or logos;
scrape or systematically collect website data; or
falsely suggest that you are connected with, endorsed by or acting for us.

Shopify and any other third-party names, logos and trademarks belong to their respective owners.

SECTION 10 — THIRD-PARTY TOOLS AND LINKS

Our website may contain links to, integrations with or tools provided by third parties.

Third-party websites and services operate under their own terms and privacy policies. We do not control them and are not responsible for their content, availability, security or practices.

You should review the relevant third-party terms before using their services.

Any complaint concerning a third-party product or service should be directed to the relevant third party.

This does not affect any rights that you may have against us in relation to products purchased directly from us.

SECTION 11 — SHOPIFY

Our online store is hosted by Shopify.

Purchases made through our website are made directly from Apex Culinary Supplies, not from Shopify.

Shopify provides the ecommerce technology used to operate the store but is not the seller of our products and is not responsible for fulfilling your order.

SECTION 12 — PRIVACY AND PERSONAL INFORMATION

We process personal information in accordance with our Privacy Policy and applicable UK data-protection law.

Our Privacy Policy explains:

what information we collect;
why we collect it;
how it is used;
who it may be shared with;
how long it is retained; and
the rights available to you.

Because our website is hosted by Shopify, Shopify and other service providers may process personal information to provide ecommerce, payment, delivery, analytics and fraud-prevention services.

Please review our Privacy Policy before using the website or placing an order.

SECTION 13 — REVIEWS, FEEDBACK AND USER CONTENT

If you submit a review, comment, photograph, suggestion or other content, you confirm that:

it is accurate and based on your genuine experience;
you have the right to submit it;
it does not infringe another person’s rights;
it is not unlawful, abusive, defamatory or misleading; and
it does not contain malicious software or confidential information.

You grant us a non-exclusive, worldwide and royalty-free licence to use, reproduce and display submitted content for operating and promoting our business.

We may moderate or remove content that breaches these Terms, the law or our review standards.

We will not knowingly publish, commission or encourage fake or misleading reviews.

SECTION 14 — PROHIBITED USES

You must not use the website or our products:

for any criminal, fraudulent or unlawful activity;
to facilitate wrongful inhalation or psychoactive consumption of nitrous oxide;
to mislead us about the identity, address or intended use of a purchaser;
to infringe intellectual-property or privacy rights;
to transmit viruses, malware or harmful code;
to obtain unauthorised access to systems or accounts;
to collect personal information unlawfully;
to spam, scrape, crawl or interfere with the website;
to harass, threaten, abuse or impersonate another person; or
in a way that could harm us, Shopify, other customers or third parties.

Nitrous oxide remains lawfully available for legitimate purposes, including culinary use, but suppliers must take reasonable steps to avoid being reckless as to possible wrongful inhalation.

We may refuse service, cancel orders or restrict access where we reasonably believe that these Terms have been breached.

SECTION 15 — WEBSITE AVAILABILITY AND ERRORS

We aim to keep the website available and accurate but cannot guarantee uninterrupted or error-free access.

We may temporarily suspend or restrict the website for maintenance, updates, security or circumstances outside our reasonable control.

Occasionally, the website may contain typographical mistakes, inaccurate availability information or obvious pricing errors.

We may correct errors and update information at any time.

If an error affects an order already placed, we will contact you and give you the option to continue at the correct price or cancel for a refund.

SECTION 16 — OUR RESPONSIBILITY TO CONSUMERS

We are responsible for losses that are a foreseeable result of our breach of these Terms or failure to use reasonable care and skill.

We are not responsible for losses that were not reasonably foreseeable when the contract was formed.

We do not exclude or limit liability where doing so would be unlawful, including liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
breach of your statutory consumer rights; or
defective products where liability cannot lawfully be excluded.

We are not responsible for business losses suffered by a consumer, including loss of profit, revenue, opportunity or business interruption, where the products were purchased mainly for personal use.

SECTION 17 — OUR RESPONSIBILITY TO BUSINESS CUSTOMERS

Where you purchase wholly for business purposes, we will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or business interruption, except where liability cannot lawfully be excluded.

Subject to liabilities that cannot legally be limited, our total liability arising from a business order will not normally exceed the total amount paid for the products giving rise to the claim.

Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence or any other liability that cannot lawfully be excluded.

SECTION 18 — SUSPENSION AND TERMINATION

We may suspend or terminate access to the website, cancel an unaccepted order or refuse future orders where reasonably necessary because of:

a breach of these Terms;
suspected fraud;
misuse of our products;
unlawful activity;
abusive behaviour;
security concerns; or
legal or regulatory obligations.

Termination does not affect rights and obligations that arose before termination.

Sections intended to continue after termination, including intellectual property, privacy, liability and governing law, will remain in effect.

SECTION 19 — SEVERABILITY

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be treated as removed or limited to the minimum extent necessary.

The remaining sections will continue to apply.

SECTION 20 — WAIVER

If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.

A waiver will be effective only where it is expressly confirmed in writing.

SECTION 21 — CHANGES TO THESE TERMS

We may update these Terms to reflect changes in law, regulation, our products, our business or the way the website operates.

The version applying to an order will normally be the version published when the order was placed.

Material changes will be posted on this page and will take effect from the date shown.

Your continued use of the website after updated Terms are published means that the updated Terms will apply to your future use and future orders.

SECTION 22 — GOVERNING LAW AND DISPUTES

These Terms and any contract between you and us are governed by the laws of England and Wales.

If you are a consumer living elsewhere in the United Kingdom, you will continue to benefit from any mandatory consumer protections that apply where you live.

Consumers may bring legal proceedings in the courts of the part of the United Kingdom in which they live.

Business customers agree that the courts of England and Wales will have exclusive jurisdiction unless otherwise agreed in writing.

Please contact us first if you have a complaint so that we can try to resolve it directly.

SECTION 23 — ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies expressly incorporated into them, form the agreement between you and us relating to your use of the website and orders placed through it.

Nothing in this section limits any statement or representation that forms part of the contract under applicable law.

SECTION 24 — CONTACT INFORMATION

Apex Culinary Supplies

Email:

info@apexculinary.co.uk

Website:

www.apexculinary.co.uk

Questions about these Terms, orders or products should be sent to the email address above.

PRODUCT-USE NOTICE

Products containing nitrous oxide are sold for legitimate culinary, catering, food-preparation and beverage-preparation purposes only.

They must not be inhaled or supplied to another person for inhalation or any unlawful purpose.

We reserve the right to refuse or cancel orders where the circumstances reasonably suggest misuse or unlawful supply.