T’s & C’s

TERMS AND CONDITIONS

Please read these conditions carefully before using tristanjamesgroup.co.uk website. By placing orders through this Website either by telephone, email or fax you automatically agree to be bound by these terms and conditions. In addition to the contractual provisions, the following terms and conditions are valid. Differing terms of use of the customer have no validity unless they are accepted in writing
Terms Used
References to “Customer” or “You” or “Your” are references to you as an individual or your company or organisation that has entered into the General Terms
Any references to “Tristan James” or “We” or “Us” or “Our” means Tristan James Group Ltd, Tristan James, #FuelledBy#TristanJames
Pricing and Delivery
1.1 As they are agreed on the day of delivery prices according to current price list
1.2 All prices are exclusive of VAT. Tristan James does not currently charge VAT
1.3 All deliveries from a net goods value of £75.00 per order are free of charge to mainland UK.

1.4 Shipments of goods under £75.00, Incur a net carriage charge of £10.00 to mainland UK
1.5 Tristan James does not ship outside of the UK Mainland
1.6 Shipments for larger items are sent via Courier
1.7 Small items are sent via Royal Mail
1.8 Order cut off time is 11:00am for same day dispatch (subject to availability). Orders received after this time may not be dispatched same day but will be sent the next working day, excluding weekends and bank holidays (subject to availability)
1.9 Some orders may be hand delivered during Engineer visits or if Engineer is passing

Payments
2.1 Rental Deposit must be paid by Bank Transfer
2.2 Monthly Rental instalments are to be paid by Direct Debit on the 1st of the month
2.3 All other invoices are to be paid on Pro-Forma basis by Bank Transfer or BACs
2.4 A Credit Account may be available on request at the discretion of Tristan James
2.5 If the Credit Account is agreed, payment is by Instant Bank Transfer or BACs
2.6 All credit account invoices must be paid within the specified timeframe
2.7 Bank details for payments will be provided on all invoices
Orders
3.1 All orders including telephone or email are subject to these terms and conditions. It is the customers’ responsibility to check our terms and conditions before or at the time of placing an order with Tristan James
3.2 We reserve the right to substitute any product with one of equal or higher value
3.3 Website pictures, photos and images may change from time to time and are for illustration purposes only and the product you receive may differ slightly from the image shown. Any other products or accessories shown are not included in its sale unless otherwise stated in the product description
Cancellations
4.1After your minimum rental period your agreement will automatically default to a rolling quarterly (3 months) contract whereby monthly payments must continue. For cancellation you must give a minimum 60 days’ notice
4.2 Deposit may be forfeited if you cancel before the end of the minimum rental agreement, cancel without notice or cancel before installation where a new machine has been ordered
4.3 Tristan James reserves the right to cancel / withdraw / terminate rental agreements without notice if they perceive that the rental machine is being misused, abused, monies are owed &/or products are not purchased in accordance with the Rental Agreement. Deposit may be forfeited
4.4 Lead time on coffee machine installations can vary. Delivery and installation dates are always approximate and may sometimes be delayed due to reasons beyond our control
4.5 Any orders cancelled after they have already been dispatched may be liable for cost of carriage
Incorrect or Incomplete Orders
5.1 Tristan James take great care to ensure all orders are complete and correct before dispatching to the Customer. However, on occasion, we may have to part-dispatch orders. These will be notified on your delivery note
5.2 Any incomplete (not advised on the delivery note) or incorrect orders must be notified to us in writing (email) within 48hrs of receipt. After such time we may be unable to rectify
5.3 For incorrect items, where appropriate, Tristan James will look to redeliver the correct item and collect the incorrect item. If this process is deemed impractical we will liaise with you to find a suitable solution on a case-by-case basis
Damaged or Faulty Items
6.1 Tristan James take great care to ensure the safe arrival of all orders. However, on occasion, due to events beyond our control items can get damaged in transit or items may be faulty
6.2 All faults or damage must be notified to us in writing (email) within 48hrs of receipt. After such time we may be unable to rectify
6.3 In the first instance, Tristan James will look to repair or replace the faulty/damaged item(s) where appropriate. If this process is deemed impractical we will liaise with you to find a suitable solution on a case-by-case basis
6.4 If an item(s) is damaged in transit, Tristan James may seek to obtain compensation from the Carrier. In doing so, the carrier may contact you directly (usually by post or email) and ask you to complete a damaged goods form. In the event that you do not complete/return the form to the carrier and as a direct result the claim is dismissed Tristan James reserve the right to reject your damage claim to us
6.5 If a faulty item(s) is to be returned, please package the product back up correctly before returning it to Tristan James. We will not be held responsible for damage caused to items due to lack of care when being shipped back to us
Returns & Refunds
7.1 Tristan James cannot accept returns on any opened goods or food grade products including, but not limited to, coffee beans, chocolate powder, milk granule and sugar sticks unless faulty or incorrect goods were shipped by us
7.2 Customers have a duty of care when returning goods. Therefore, all items are to be returned with the original packaging. Any item(s) that have been damaged due to lack of care given when repackaging, and as a result arrive in a non-resalable condition will not be refunded
7.3 Tristan James will arrange collection of goods that are faulty or incorrect. The customer will be responsible for returning unwanted goods at their own expense
7.4 Handling and Administration fees may be charged in some circumstances
7.5 At the end of your rental agreement, any deposit paid will be refunded once the machine has been collected by Tristan James and signed off as undamaged and your account is up to date/paid in full
7.6 Any refunds will be issued by Bank Transfer, we will therefore request your Bank Details to process. This will be requested & must be supplied in writing. Tristan James will not be liable for loss of funds where the incorrect bank details are provided by the customer
Returns Address
Tristan James
38 Waterside Barns
Lodge Farm Business Centre
Wolverton Road
Castlethorpe
Milton Keynes
Buckinghamshire
MK19 7 ES 
Call Outs/Service Call/Repairs
9.1 Tristan James will provide back-up, service and maintenance throughout the contractual agreement
9.2 Any breakdowns caused by non-cleaning, misuse &/or neglect will be chargeable at the current call-out rate
9.3 If you do not purchase your products from Tristan James on a consistent monthly basis we cannot offer free servicing & call-outs as part of your rental agreement. You will be charged call-out &/or service fees at the current rate. A service of the coffee machine will be required every 6 months
9.4 Any call-out &/or service charged as per 9.3 will be invoiced and payment will be required prior to the Engineers attendance
9.5 The customer is required to give a minimum of 24 business hours’ notice should you wish to cancel a call-out, service, repair or any other Engineer Request. This must be done so by emailing your account manager. Failure to give adequate notice will result in the customer a) forfeiting any deposit/upfront payment &/or b) being invoiced for the engineers wasted time, travel & incurred expenses
9.6 Where an engineer attends site for a pre-arranged visit and is denied access or is unable to perform their duties by no fault of their own (site not ready, machine inaccessible etc.) the customer will a) forfeit any deposit/upfront payment &/or b) be invoiced for the engineers wasted time, travel & incurred expenses
License for Website Access
10.1 Tristan James grants you a limited license to access and make personal use of its website, but not to download or modify any portion of it other than page caching except with express written consent of Tristan James
10.2 This Website or any portion of this website must not and cannot be reproduced, duplicated, copied, sold, resold, visited, or exploited for any commercial purpose without the direct agreement in the form of written consent from Tristan James
Copyright
11.1 All content displayed and included on the www.tristanjamesgroup.co.uk website such as text, logos, button icons, Images and software, its affiliates or content suppliers is protected by United Kingdom and International copyright, database right laws. The complete content on this website is the exclusive property of Tristan James and its affiliates and therefore protected by United Kingdom and International copyright database right laws. All software used on this website is the property of Tristan James and its affiliates and software suppliers and is protected by United Kingdom and International copyright laws
Tristan James Brand
12.1 Tristan James Group Ltd has its own brand of products including, but not limited to, Coffee bean blends, take away cups, sugar sticks, drinking chocolate. These may not be used in connection with any product or service that is not Tristan James’ in any manner that is likely to cause confusion amongst Customers
12.2 The Tristan James brand is only available from tristanjamesgroup.co.uk.
V.A.T
13.1 Tristan James is not current VAT registered and therefore we do not charge VAT on any of our products or services
Electronic Communications
14.1 When you visit tristanjamesgroup.co.uk or send emails to “@Xpresscc” or “@tristanjamesgroup.co.uk” you are communicating with us electronically. In turn we communicate with you by email or by posting notices on the tristanjamesgroup.co.uk website. For Contractual purposes you consent to receive communications from us electronically you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing
Alteration of Service or Amendments to the Terms & Conditions
15.1 Tristan James reserve the right to make changes to our website, policies, and these conditions of use and sale at any time
15.2 Customers will be subject to policies and terms of conditions of use & sale in force at the time you use the website or order goods from Tristan James
15.3 Unless changes to these policies and conditions is required to be made by Law or Government authority in which case it will apply to orders previously made by you
15.4 If any of these conditions are deemed invalid, void, or for any reason unenforceable that condition will be deemed severable and will not affect the validity, enforceability of any remaining condition
Tristan James Green Policy
16.1 At Tristan James we are committed to be industry leaders in minimising the impact of our activities on the environment. Our policy, within cost restrictions is to recondition and repair parts for re-use where possible to reduce changing parts without actually diagnosing true faults or problems. This helps with our work with the W.E.E.E Directive with the amount we have to dispose of. Key to this strategy is to minimise waste by evaluating operations and ensuring they are as efficient as possible and minimise toxic emissions through the selection and use of its fleet and source of its power requirement.
16.2 Actively promote recycling both internally and amongst customers, suppliers, source and promote a product range to minimise the environmental impact of both production and distribution. Meet or exceed all the environmental legislation that relates to the company, use an accredited program to offset the greenhouse gas emissions generated by our activities.
16.3 We promote the re-use and recycling of ground coffee as a possible compost. We also have a policy for re-using as many cardboard boxes and other packaging as possible to reduce waste
W.E.E.E Directive
17.1 Tristan James supports recycling and the Waste Electrical, Electronic Equipment Directive (WEEE Directive) which aims to minimise the impact of electrical and electronic goods on the environment by increasing re-use and recycling and by reducing the amount of WEEE going to landfill
17.2 W.E.E.E seeks to achieve this by making producers responsible for the collection, treatment, and recovery of waste electrical equipment by obliging distributors to allow consumers to return their waste equipment free of charge. Under the WEEE Directive we can arrange to dispose of your old coffee machine which we also keep a record of
17.3 Tristan James is obliged under these regulations to offer our customers to take back existing WEEE products on a like for like basis when they purchase new electrical or electronic products from us. Customers must return their like for like WEEE item to Xpress Coffee within 28 days of their new purchase item
17.4 All new electrical goods should now be marked with the crossed out wheeled bin symbol to show that they were produced after the 13th of August 2005 and should be disposed of separately from normal household waste so they can be recycled in line with WEEE Regulations
Data Protection
18.1 By agreeing to these terms you agree to allow us the right to hold and pass on any suspected fraudulent orders to the relevant authorities and to other retailers to help combat fraud
18.2 We guarantee not to pass any customer information or details onto any third party for sale or commercial purpose other than Tristan James and Xpress Coffee
Email Terms & Conditions
19.1 Any email sent from Tristan James is confidential and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient be advised that you have received an email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. Please contact the sender immediately if you have received an email in error
19.2 No Legally binding agreements can be entered into either as an individual or on behalf of Tristan James via email. Further confirmation must be received in writing with a signature from a Tristan James Director by post

Tristan James Group Ltd is part of Xpress Coffee Group Ltd

These conditions are governed by and have been constructed in accordance with the laws of United Kingdom. You agree to submit to the non-exclusive jurisdiction of the English courts. Your statutory rights are not affected by these terms and conditions.


RENTAL COFFEE MACHINE AGREEMENT

By signing this agreement and accepting the Rental Coffee Machine you hereby agree to be bound by the terms below:

Machine rental is through Tristan James including the contractual length by the number of months

Initial deposit amount equivalent to three months rental plus one month will be payable upon contract agreement

Once deposit has been paid, you will receive our Pre-Installation Check Sheet and Direct Debit Mandate. Installations cannot be scheduled or confirmed until these forms have been completed, signed & returned

On agreed installation date of your rental coffee machine, you will be required to make advanced monthly payments from the following 1st of the month

Monthly rental instalments must be paid to Tristan James via Direct Debit, which will be collected on the 1st of the month

Tristan James reserves the right to charge an administration fee of £25.00 per missed/failed direct debit payment

Failure to make payment may result in the machine being removed without notice

Tristan James will provide back-up, service and maintenance throughout the contractual agreement

Any breakdowns caused by non-cleaning, misuse &/or neglect will be chargeable at the current call-out rate

You must purchase all your coffee products & accessories via Tristan James. This includes: Coffee, Milk Granule, Chocolate Powder, Take Away Cups & Lids, Espresso Take Away Cups, Stirrers and sugar sticks

If you do not buy these products from Tristan James we cannot offer free servicing & call-outs as part of your rental agreement. You will be charged call-out &/or service fees at the current rate. A service of the coffee machine will be required every 6 months

The rental coffee machine is specifically set & calibrated and only Tristan James products, ingredients & accessories are to be used

All product orders are to be paid for on a Pro-Forma basis with payments made by Instant Bank Transfer or BACs. Bank details will be provided on all invoices

After purchasing your first three Pro-Forma orders, you can apply for a credit account if you so wish. Applying does not guarantee acceptance and credit accounts are at the discretion of Tristan James and can be withdrawn without notice

Tristan James reserves the right to perform company &/or credit checks prior to and during your Rental term

All branding and advertisements will be provided by Tristan James only and is to be displayed and remain on the machine at all times

The coffee machine must be kept clean both internally & externally at all times

Coffee Machine cleaning & maintenance procedure must be adhered to

Tristan James will service your machine based on the manufactures capacity, guidelines, suggested service intervals and based on usage

All Coffee/Ingredients/Products must be purchased on a consistent monthly basis in accordance with the machines capacity and can be verified against the machine audit counters

Tristan James reserves the right to cancel / withdraw / terminate this rental agreement without notice if they perceive that the rental machine is being misused, abused, monies are owed &/or products are not purchased as above. Deposit may be forfeited

After your minimum rental period your agreement will automatically default to a rolling quarterly (3 months) contract whereby monthly payments must continue. For cancellation you must give a minimum 60 days’ notice

You will be liable for the full cost of the coffee machine (at current market value) in the case of damage, theft, fire &/or vandalism to the machine

Additional Charges: Any costs incurred, including, but not limited to; parking, congestion & toll crossings may be chargeable at their current rate where applicable

At the end of the rental agreement, any deposit paid will be refunded once the machine has been collected by Tristan James and signed off as undamaged and your account is up to date/paid in full.

Deposit may be forfeited if you cancel before the end of the minimum rental agreement, cancel without notice or cancel before installation where a new machine has been ordered

This Rental Agreement is to be signed by a Director/Business Owner and must include their home address within personal details section

This Rental Agreement is non-refundable and non-transferable

For full terms & conditions please visit http://www.tristanjamesgroup.co.uk


PROFIT SHARE AGREEMENT – Self-Serve Solutions for your Retail and Convenience Business

Profit Share Coffee Scheme, Self-Serve Solutions for your Retail and Convenience Business

Terms Used

Any references to “the Supplier”, “We”, “Us” or “Our” means Tristan James Group Ltd

References to “Coffee Partner”, “You” or “Your” means the company or organisation that has entered into this agreement with Tristan James Group Ltd

1. Fixed Term Contract

1.1 As the Coffee Partner, you have no upfront or ongoing costs when entering into an agreement with the Supplier

1.2 Standard contract length is 3 Years effective once 3 month Trial Period is completed and both parties are satisfied

1.3 Coffee and ingredients including all accessories and cups are provided by the Supplier only

2. Title & Ownership

2.1 The title and ownership of the Pod Unit and fresh bean to cup coffee machine, including the payment system, will never transfer and remains the property of the Supplier throughout the entire contractual agreement period

2.2 The value of each Pod Unit is £9,400

2.3 Should any act of misuse, loss, theft &/or vandalism occur the Coffee Partner may be liable for any costs incurred to repair / bring the machine and/or POD unit back to it’s original, operational state, as it was delivered at the start of this agreement

3. Profit Share, Pricing & Payment

3.1 Transactions will be paid for using the Nayax system provided by the Supplier

3.2 Coffee Partners’ agreed profit share will be calculated monthly and paid to you within 45 days by the Supplier via BACs

3.3 Profit share calculations are based on average daily cups sales (see point 3.7) which are calculated monthly by averaging the total sales by the total number of days (including weekdays, weekends, and bank holidays) within that calendar month

3.4 The Suppliers standard retail price per cup is £2

3.5 The retail price can be changed (increased only) at any time throughout the contract with mutual agreement from both the Supplier and Coffee Partner

3.6 If the retail price is increased per cup the profit share paid to the Coffee Partner will increase in line with this at the same percentage

3.7 Profit Share breakdown that the Coffee Partner will receive is 50% of the profit – based on the Coffee Partner filling the machine, approximately £1 covers the cup, ingredients and the cost towards the machine & maintenance. The remaining £1 is split equally between both parties

3.8 Minimum sale quantity of 5 cups per day. Profit Share will be paid from cup 6 and over

3.9 The supplier reserves the right to withdraw the machine should the number of daily cups be continuously low

4. Branding

4.1 Pod Units are branded “Tristan James” in our colours with screen advertisement branding and recommended drinks available

4.2 Advertisement on the Pod Units will be provided by the Supplier only

5. Installation, Training & Commissioning

5.1 The Supplier will carry out a Pre-installation inspection of the site and forward the report to the Coffee Partner before Installation

5.2 The Suppliers service team will agree a time and date for the Installation of the Pod Unit and the coffee machine

5.3 Our Engineers will carry out all essential training on the basic cleaning programme and leave the cleaning guide for your reference

6. Servicing, Maintenance & Breakdowns

6.1 The Supplier will maintain and service the coffee machine in line with the Manufacturers guidelines and manuals

6.2 Only the Suppliers employed and trained Service Engineers or Manufacturer trained technicians (under the instruction of the Supplier) are authorised to carry out maintenance work on the Pod Unit(s) including all mechanical equipment

6.3 Drink selections and programming, including on screen advertisement, and any other adjustments that the Coffee Partner wants to make must be carried out by and agreed in writing by the Supplier

7. Coffee Partner Responsibility

7.1 As the Coffee Partner, you will be tasked with filling the coffee machine canisters with coffee and ingredients provided by the Supplier, to ensure the machine is operational at all times

7.2 You must follow the basic cleaning cycle of the coffee machine and wiping over of the front of the coffee machine to maintain an acceptable standard of cleanliness

7.3 Space required for the Pod Unit and coffee machine, standard dimensions:
(H) 2000mm, (W) 1000mm, (D) 1000mm, the Supplier can provide bespoke Pod Units to fit if required and is considered on a case-by-case basis

7.4 Electric Power sockets are to be supplied by the Coffee Partner to the area that the Pod Unit is being placed, water container and flojet will be provided by the Supplier. Coffee Partner must keep the container filled, not allowing it to fall below the minimum fill line as this can cause damage to the machine resulting in costs incurred by the Coffee Partner

7.5 Coffee machine(s) must be left on for 24hrs a day, seven days a week