1      Ordering and Payment

1.1.   Your order will be taken by us electronically or by fax or phone, or in person and the goods requested from our suppliers if necessary. By placing an order with Polar Foods Ltd you accept these terms and conditions.

1.2.   We will acknowledge receipt of your order by email, fax or verbally by phone. We reserve the right to decline any order placed.

1.3.   We accept payment by cheque, bank transfer, credit card or PayPal. Cheques must be drawn against a UK Sterling, Euro or a Turkish Lira (TRY) account and should be presented to a Polar Foods Ltd representative:

1.4.   We reserve the right to alter payment methods, reject payments or accounts and in such cases full refunds will be provided to the customers.

1.5.   Unless a trade account has been agreed, orders will only be accepted on a Pro-Forma basis, with payment being received by Polar Foods Ltd before an order will be released.

1.6.   To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we may validate your name, address and other information supplied against third party databases. By accepting these terms & conditions you consent to such checks being made. In performing these checks information provided may be disclosed to a registered Credit Reference Agency. You can be assured that this is only done to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.

2      Price

2.1.   The prices payable for goods that you order are as set out in our trade price list, or as negotiated between us.

2.2.   You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.

2.3.   We reserve the right to change prices without prior notice. In such cases we will advise you prior to delivery.

2.4.   While we try to ensure that all prices are accurate, errors may occur. Should this occur we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling.

3      Cancellation by us

3.1.   We reserve the right to cancel the contract between us if;

3.1.1.   we have insufficient stock to deliver the goods you have ordered;

3.1.2.   do not deliver to your area; or

3.1.3.   one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

3.2.   If we do cancel your contract we will notify you by e-mail or phone and will re- credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment or loss of business suffered.

 4      Delivery of goods to you

4.1.   We will arrange for delivery of the goods ordered by you to the address you give us for delivery at the time we accept your order.

4.2.   We will make every effort to ensure delivery will be made as soon as possible after your order is accepted. However, we will not be liable for any losses incurred by the buyer for failure to deliver by a particular date.

4.3.   We will use reputable parcel carriers. Nonetheless we cannot accept responsibility for delays caused solely by the default of the carrier.

5      Ownership of goods

5.1.   Once goods have been delivered to you they will be held at your own risk and you will be liable for their loss or destruction. However, you will become the owner of the goods you have ordered only when you have paid for them in full. Until then the goods remain the property of Polar Foods Ltd.

6      Liability

6.1.   If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail (info@polar-foods.com) or phone (+90 542 852 06 43) of the problem within two working days of the delivery of the goods in question.

6.1.1.   If you have a drop-ship account with us the notification period under

6.1. is 14 days

6.2.   If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within 30 days of the date on which you ordered the goods.

6.3.   If you notify a problem to us under condition 6.1 or 6.2 our only obligation will be, at our option:

6.2.1.   to make good any shortage or non- delivery;

6.2.2.   to replace or repair any goods that are damaged or defective; or

6.2.2.   to refund to you the amount paid by you for the goods in question in whatever way we choose.

6.2.3.   if you notify us of a problem under condition 6.1 you must return the goods to us or you will remain liable their cost. Unless otherwise agreed, you are liable for the cost of returning the goods.

6.3.   Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(3) above.

6.4.   You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Polar Foods Ltd. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.5.   Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7      Quotations

A quotation by Polar Foods Ltd does not constitute an offer and Polar Foods Ltd may revise or withdraw from a quotation at any time before accepting a buyer’s offer.

8      Uses of Electronic Media & Web Site

8.1.   Every effort is made to ensure the accuracy of our website. However some details on the site may change from time to time and the company makes no warranty, express or implied, as to the nature or accuracy of any material on the website.

8.2.   The Company cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within its website.

8.3.   The Company will not be liable for incidental, consequential or special damages arising from, or as a result of, any electronic transmission or the accuracy of the information contained in the website.

8.4.   Any use of copyright without first obtaining our permission will be deemed to be a misuse of this site and will result in prosecution and absolutely no refunds will be issued in such circumstances.

8.5.   Any material downloaded or otherwise obtained through the use of our service is done at your own discretion. Polar Foods Ltd will accept no responsibility for any damage to your own computer system or loss of data that results from the download of any such material.

9      Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to our contact email address as advertised from time to time on our website and all notices from us to you will be

displayed on our website from to time. With regard to matters affecting your order specifically, we will contact you at the address given by you at the time of ordering.

10      Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

11      Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

12      Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from any relevant Act or statute.

13      Governing law

The contract between us shall be governed exclusively by and interpreted in accordance with the laws of the Turkish Republic of Northern Cyprus (TRNC) and the TRNC courts shall have jurisdiction to resolve any disputes between us.

14      Intellectual Property

You acknowledge and agree that the material and content contained within www.selectsolar.co.uk is made available for the purpose of business between us and that you may download such material and content for that purpose only. You further acknowledge that any other use of the material is prohibited, including commercially exploiting or creating derivative works of such material and content without written permission.

15      Warranties

For all returns please refer to section 6 for details on liability. Our warranties vary according to the product and can be anything from 2 years to 25 years, for this reason please contact us with specific enquiries as all the options would be too numerous to list here.

16      Entire agreement

These terms and conditions, together with our current trade prices, delivery details, and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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POLAR FOODS LTD

Karaoğlanoğlu Sanayi Bölgesi, No:1

Girne 99320

Mersin 10 Turkey

North Cyprus

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