Terms of trade

1. Who we are and who these terms are for

These terms apply to every supply of goods by Gyros City Wholesalers F&B Ltd (company number 15801851, VAT number GB 478483732), trading as Gyros City Wholesalers, of 100 Tyburn Road, Erdington, Birmingham B24 8LA ("we", "us") to a business customer ("you"). By agreeing an order you confirm you are buying for the purposes of your business, not as a consumer.

If you are buying as a consumer, for example through the shop in our app, our Consumer terms apply instead.

2. This website and our app

Our website is a catalogue and enquiry service. It does not take orders or payment. Product information is given in good faith; pack sizes, brands and availability can change and are confirmed when your order is agreed.

We do not publish trade prices. Your prices are agreed with our team, and approved trade customers see the prices we have set for them in their account.

3. Quotes and orders

An enquiry is a request for a quotation, not an order. Each quote states the products, quantities, prices, delivery charge (if any), delivery day and how long the quote stays valid (usually 7 days).

A contract is formed when you accept a quote (in the app, through the link we send you, or by confirming with our team by phone, WhatsApp or email) and we confirm it. We may decline or limit an order, for example where stock is unavailable or the delivery address is outside our routes.

Our minimum order value varies by customer and is confirmed when your account is opened or on your quote.

4. Prices and VAT

Prices are in pounds sterling and exclude VAT unless stated. VAT is added at the rate that applies to each product. Agreed prices stay in force until we give you reasonable written notice of a change; changes never affect an order you have already accepted.

We may correct an obvious pricing or typing error before the order is dispatched, and will tell you before we do.

5. Payment and credit terms

How you pay is agreed with you when your account is opened, and is shown on your quote and invoice. Depending on what you qualify for, that is one of: payment in advance against a proforma invoice, payment within 7, 14 or 30 days of the invoice date, or payment with the following invoice. New customers may start on payment in advance.

We issue an invoice when goods are dispatched. Pay by bank transfer using the invoice number as the reference, or by another method we agree.

We may set, change or withdraw a credit limit. We may pause dispatch while an invoice is overdue, while your balance is over your credit limit, or while we are discussing a dispute, and we will tell you before we do.

6. Late payment

We do not charge interest on late payments. If an invoice is not paid in full by its due date, a one-off late payment charge of 25% of the order amount applies. We will tell you before we add it, and we will add it to your account as a separate line.

We send reminders by email. We may also pass an unpaid debt to a collection agent or solicitors, and you will be responsible for the reasonable costs of recovering it.

7. Delivery

We deliver on scheduled routes, Monday to Friday. To be on a delivery day an order must be agreed by the published cut-off (3pm on the working day before). Delivery dates and time windows are our best estimate and are not guaranteed; we are not liable for delay outside our reasonable control.

Someone must be present to receive and check chilled and frozen goods. If nobody is available we may leave the goods safely where agreed, or take them back and charge for redelivery.

You can also collect from our warehouse by arrangement.

8. Inspection, shortages and damage

Please check goods against the delivery note when they arrive and note any visible damage or shortage on it. Report any problem to us within 24 hours of delivery, with photographs where you can (you can do this from the app), so we can put it right.

If goods are short, damaged, faulty or not what you ordered we will replace them or credit you after checking. Food is perishable, so we cannot take back goods that are as ordered and undamaged, or chilled and frozen goods that were not stored correctly after delivery.

9. Risk and title

Risk in the goods passes to you on delivery. Title passes to you only when we have received payment in full for those goods and for any other amount you owe us.

Until then you must keep the goods identifiable and stored correctly. You may use them or sell them in the ordinary course of your business. If you do not pay when due we may recover unpaid goods that remain in your possession and you allow us onto your premises to do so.

10. Storage, labelling and allergens

You are responsible for storing and handling goods correctly after delivery, including keeping chilled and frozen products at the correct temperature, and for the allergen information you pass to your own customers. Allergen information for every product we supply is available on the label and from us on request. See our Allergen information page.

11. Our liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit.

Subject to that, we are not liable for loss of profit, loss of business or indirect loss, and our total liability for any order is limited to the price of the goods in that order.

12. Events outside our control

We are not liable for failure or delay caused by something outside our reasonable control, such as severe weather, supplier failure, vehicle breakdown, strikes, power or refrigeration failure, or a public health restriction. We will tell you as soon as we can and give you the chance to cancel the affected goods.

13. Personal information

How we use personal information is explained in our Privacy notice. Where you give us personal information about your own staff or customers, you confirm you are allowed to.

14. General

These terms, together with the quote and invoice, are the whole agreement between us. Your own terms and conditions do not apply, even if they are sent with an order. We may update these terms; the version in force when your order is agreed applies to it. If part of these terms is found unenforceable the rest still applies.

These terms and any dispute about them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Questions about these terms: support@gyroscitywholesalers.co.uk or 0121 798 0545.