Terms & Conditions

Trade T&Cs
Buying Group T&Cs

Terms and Conditions Governing the Use of a Trade Customer Account

We are Essential Trading Co-operative Limited (“we” and “us”), a registered society under the Co-operative and Community Benefit Societies Act 2014. Our registration number is 23234R and our registered office is Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB. Our registered VAT number is 303067304. We operate the website www.essential-trading.coop.
These terms and conditions (“Terms”) govern your registration for and use of a customer account with us. By registering or continuing to use a customer account with us you accept and agree to abide by these Terms.
All customers will be given access to a customer web portal, specific to each customer, on our website, accessible by means of a username and password.
We may amend these Terms, and the terms and conditions on which we supply our products (“Terms of Supply”), from time to time and will not necessarily give notice to holders of customer accounts. It is your responsibility to ensure that you have read and understood the current version of these Terms and the Terms of Supply. Continuing to use a customer account after the Terms have been amended constitutes acceptance of the amended Terms.
The versions current from time to time of these Terms and the Terms of Supply will be available on your customer web portal. The Terms of Supply available on your customer web portal shall apply to any order which you place with us.
To register for or use a customer account you must be at least 18 years of age; by registering for a customer account you warrant that you are at least 18 years old.
If you are registering for a customer account as a Community Buying Group you warrant that your Community Buying Group consists of at least 4 households.
In our absolute discretion we may decline a request to register a customer account, or to trade with, or accept an order from, any customer or prospective customer, without giving any reason for doing so. Without limitation to the generality of the foregoing, this may be because the business model, practices, ethos, or activities of such customer or prospective customer conflict with our core principles and aims, or because the customer is a Community Buying Group which is in our sole opinion situated too close to an existing retail customer.
In our absolute discretion we may at any time suspend or delete an existing customer account for operational, legal, regulatory, or other reasons, and shall not be obliged to give any reason for doing so.
You warrant that all details and information provided by you on registration for a customer account are true, up to date, accurate, and complete to the best of your knowledge, information and belief. You shall ensure that such details and information as we hold about you remain true, up to date, accurate, and complete by informing us immediately should any such details or information change.
Changes to your details, including but not limited to your delivery address and contact details, may affect any minimum order value which we impose upon any order placed with us or which we stipulate as a condition of free delivery, and may affect the day on which we deliver to you. You acknowledge that changing your details may result in a delay in the delivery of your order.
In registering and communicating with us, whether in person or through any media, written or oral, you shall not impersonate any other person, organisation, or entity.
You must treat your customer account log-in details and password as confidential, and you must not disclose them to any third party. You must notify us immediately of any unauthorised use of your customer account, or if you believe that your username or password are no longer confidential, and you accept full responsibility for any activity undertaken and orders placed using your account log-in details and password prior to your informing us of any such suspected security breach.
We may, but shall not be obliged to, send you our seasonal catalogue and/or price list. If we do so, we shall be entitled to stop sending these to you at any time and without giving any reason.
Trade Customer Terms of Supply
About us
1. Company details. We are Essential Trading Co-operative Limited (we and us), a registered society under the Co-operative and Community Benefit Societies Act 2014. Our registration number is 23234R and our registered office is Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB. Our registered VAT number is 303067304. We operate the website www.essential-trading.coop.
2. Contacting us. To contact us telephone our customer service team on 0117 9430800, write to us at our registered office, send a fax to 0117 9430801, or email sales@essential-trading.coop. How to give us formal notice of any matter under this contract is set out in clause 15.2.
3. Operating procedures and FAQs. Further information on our operating procedures, together with answers to other Frequently Asked Questions, may be found on our website at www.essential-trading.coop/footer/faqs/. Such material does not form part of this contract, and may be amended from time to time.
Our contract with you
1. Our contract. These terms and conditions (Terms) apply to each order placed by you and supply of goods to you by us (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2. Entire agreement. The Contract is the entire agreement between us in relation to its subject matter, save that where delivery is to take place outside the UK we and you may agree that certain of the Incoterms® 2020 Rules of the International Chamber of Commerce may apply to your order. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
3. Language. These Terms and the Contract are made only in the English language.
Placing an order and its acceptance
1. Placing your order. Each order which you place shall constitute an enquiry regarding purchase of the goods specified in the order.
2. Correcting input errors. Our online order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3. Offer and acceptance. Having considered what we will be able to supply to you, we will shortly prior to the designated delivery day allocated to you make a formal offer – via our shipping note or other correspondence – to supply to you some or all of the goods specified in your order (Goods) subject to these Terms. Upon your acceptance of our offer (which may be made by your taking delivery of the Goods), the Contract between you and us will come into existence.
4. Last order time. All orders must be received by no later than 11.00 a.m. on the working day before the designated delivery day allocated to you.
5. Priority service. If you place an order by 5.00 p.m. 2 working days before a designated delivery day allocated to you, we will endeavour (but shall not be obliged) to contact you to inform you of stock shortages and out of stock items, and to discuss possible substitutions with you.
6. Quantity restrictions. In our absolute discretion we may limit the quantity of any product or products that any one customer may order.
7. Minimum order values. We will generally refuse an order which does not meet the minimum order value applicable to you. The minimum order values can be found on our website on your Customer Web Portal.
Our products
1. The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website or in our marketing material have a 2% tolerance. If the Goods are advertised in quantities which use the words “about”, “more or less”, or similar words, the quantity delivered will be within 10% of the quantity specified.
3. The packaging of your Goods may vary from that shown on images on our site.
4. For harvested Goods, the quality shall be representative of a fair average of the particular year’s crop.
5. Information provided by the producers of the Goods, including branding and marketing content, is not necessarily a reflection of our own ethos, views, and values.
Delivery, transfer of risk and title
1. You will have been allocated a schedule of designated delivery days when registering with us as a customer. Assuming that you have met the last order time set out in clause 3.4, we shall endeavour to deliver the Goods on the next designated delivery day after your order is received. Exceptionally, if you have requested delivery outside of our delivery schedule, we will agree an estimated date of delivery with you during the order process. We are unable to specify the time of day at which the Goods will be delivered. Occasionally our delivery to you may be affected by an Event Outside Our Control; see clause 15 (Events outside our control) for our responsibilities when this happens.
2. The time of delivery is not of the essence of the contract.
3. Often we will make deliveries ourselves, particularly where the delivery address is within England & Wales, but in our sole discretion we may arrange for delivery of the Goods by a third party carrier.
4. We shall deliver to the address recorded on your customer account, unless a different address has been agreed in writing prior to the order being placed. At your own liability and expense, you shall provide adequate and appropriate equipment and/or labour for receipt of the Goods.
5. We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
6. At the time of delivery or collection, you or your representative must thoroughly check the goods delivered to ensure that they match the Goods contracted for and, if everything is in order, provide us with proof of receipt in such form as we may reasonably request. The following will be deemed proof of receipt of order: electronic or physical signature from you or your representative, or a photograph of the Goods on your premises.
7. If for any reason you are unavailable to take receipt of the delivery, or if we are unable to effect delivery owing to your failure to provide us with adequate and accurate delivery or access instructions or contact details, you will incur a non-delivery fee of £50 + VAT. We shall endeavour to contact you to arrange a date for re-delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract. We shall not be liable for supplying the Goods late or not supplying any part of them if this is caused by your not giving us the information we need within a reasonable time of our asking for it.
8. If in exceptional circumstances you are unable to be present to accept and sign for the Goods on delivery, we may, in our absolute discretion, agree to leave the Goods unattended in a designated place. If we make such an arrangement with you, we shall not accept any returns or claims for credit or refunds, and the Goods are left entirely at your own risk. We will not agree to leave refrigerated or frozen goods unattended unless the delivery driver will be able to access suitable chilled storage.
9. If you have asked to collect the Goods from our premises and we in our sole discretion have agreed to this, you may collect them from our warehouse when it is open: opening hours may vary but will be available on our website www.essential-trading.coop. In collecting the Goods you shall abide by any conditions specified by us, including but not limited to any reasonable measures relating to health & safety.
10. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order, or collected by you (or a carrier organised by you to collect them from us), and the Goods will be at your risk from that time.
11. Title to the Goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the Goods.
12. Until title to the Goods has passed to you, you shall:
  1. store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
  2. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and
  3. maintain the Goods in the condition in which they were delivered.
13. At any time before title to the Goods passes to you, we may require you to deliver up all Goods in your possession that have not been resold, or irrevocably incorporated into another product, and if you fail to do so promptly, we may enter any of your premises (or the premises of any third party) where the Goods are stored in order to recover them.
14. We may at any time after delivery elect to transfer title in the Goods to you
15. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
International delivery
1. If you order Goods for delivery to countries outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
2. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
3. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
4. International delivery will be governed by such of the Incoterms® 2020 Rules of the International Chamber of Commerce as may be agreed between you and us at the time the order is placed.
Price of goods and delivery charges
1. The prices of the Goods will be as quoted in our formal offer to sell you the Goods (prices on our website, in our printed catalogues or elsewhere may have been superseded).
2. We may, by giving you notice at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
  1. any factor beyond our control (including without limitation foreign exchange fluctuations, increases in taxes, levies, or duties, increases in freight, transport, minimum import price, insurance, landing or warehousing charges, and increases in labour, materials and other manufacturing costs); or
  2. any request by you to change the delivery date(s), quantities or types of Goods ordered.
3. The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
4. The price of the Goods does not include delivery charges. Often we do not charge for delivery, but we reserve the right to do so. In those cases where a delivery charge will be applied this will be stated in our formal offer to supply the Goods, and we will not proceed to delivery without your express acceptance of the offer.
5. If we offer you an alternative product to replace an item which is out of stock, we shall not be obliged to match the price of the original product.
6. Promotional prices apply during periods of 2 calendar months’ duration (the first such period in the year being January to February, and so on through the year); our paper catalogues are current for the same periods. Unless a promotion is expressed to be ‘while stocks last’, a promotion will run from the 1st day of the relevant period until 5.00 p.m. on the last working day of the period, and promotions are applied based on the time and date of your order, not the date of delivery or collection.
Payment
1. We may invoice you for the Goods on or at any time after the completion of delivery. You shall pay each invoice submitted by us within 7 days of the date of the invoice (unless otherwise agreed between us in writing) in full and in cleared funds, and time for payment shall be of the essence of the contract. We request that each invoice be discharged by a single payment.
2. Notwithstanding clause 8.1, we reserve the right to require you to pay in full or in part for the Goods before we despatch them.
3. We accept payment by credit or debit card excluding American Express and Club Card, online payment via our secure web portal, BACS payment, (at our absolute discretion) by establishing a direct debit with us, and (at our absolute discretion) cash. We will also accept payment by cheque, but ask that this be used only as a method of last resort. We will make a charge of £10 where a cheque bounces or must be re-presented.
4. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6. All amounts owed by you to us under this Contract shall become immediately due and payable on termination of this Contract for any reason.
7. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Questions and concerns
1. If you have any questions or concerns about the Goods or our service, you should contact our customer care team on 0117 958 3550 or in writing at care@essential-trading.coop or Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB. We will endeavour to resolve any concerns within a reasonable timeframe.
2. You must not raise concerns via social media or any other public platform or medium. We reserve the right to take legal action in respect of inaccurate, unfounded, or defamatory statements published online or via any other public platform or medium.
Our warranty for the Goods
1. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
2. We give a warranty that on delivery, the Goods shall, subject to clause 4:
  1. conform in all material respects with their description; and
  2. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) provided always that in the case of refrigerated Goods, we warrant that, assuming you store them appropriately, the Goods will remain useable for 7 days after the date on which they are delivered, but no representation or warranty is given in respect of condition or fitness for purpose after that time.
3. Subject to clause 10.4, if:
  1. you email us at claims@essential-trading.coop (specifying the invoice number(s), your customer code, and the relevant product codes), informing us that some or all of the Goods do not comply with the warranty set out in clause 10.2:
    1. (a) in the case of a defect that is apparent on normal visual inspection, within 5 working days of delivery (save that, if the relevant Goods are refrigerated or frozen, you must in addition inform our delivery driver at the point of delivery and return the relevant Goods with them); or
    2. (b) in the case of a latent defect, within a reasonable time of the latent defect having become apparent;
  2. we are given a reasonable opportunity of examining the Goods; and
  3. should we ask you to do so, you return the Goods to us at our cost, we shall, at our option, either replace the defective Goods or refund the price of the defective Goods in full.
4. We will not be liable for breach of the warranty set out in clause 10.2 if:
  1. you make any further use of the Goods after giving notice to us under clause 10.3;
  2. the defect arises because you failed to follow our oral or written instructions as to the storage, or use of the product or (if there are none) good trade practice;
  3. the condition of the Goods is changed by anything you have done, including but not limited to opening, or labelling or otherwise marking the packaging;
  4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage conditions; or
  5. the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
5. We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 10.
6. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
7. These Terms also apply to any repaired or replacement Goods supplied by us to you.
Our liability - your attention is particularly drawn to this clause
1. References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
2. Nothing in these Terms limits or excludes our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. any other liability that cannot be limited or excluded by law.
3. Subject to clause 11.2, we will under no circumstances be liable to you for:
  1. any loss of profits, sales, business, or revenue;
  2. loss of business opportunity; or
  3. any indirect or consequential loss.
4. Subject to clause 11.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
5. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
Return of Goods which you have ordered in error
1. In our absolute discretion, we may agree to accept the return of Goods ordered by you in error, including but not limited to where you have ordered the wrong quantity of goods.
2. In the event that we agree to accept the return of Goods in such circumstances, we will charge a handling fee of either 15% of the value of the returned Goods or £10, whichever is greater.
3. We will only collect such Goods when delivering subsequent orders to you, and will consider in determining whether to accept such a return whether you intend to place a subsequent order within such a period that the quality and condition of the goods (including but not limited to their shelf life) will not be materially adversely affected at the time of their return.
4. Pending the return of such Goods, you shall maintain the Goods in the condition in which they were delivered to you, and shall not mix the Goods inseparably with other items.
Termination
1. Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
  1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of your being notified in writing to do so;
  2. you fail to pay any amount owing to us by the due date for payment under this Contract or any other contract between you and us;
  3. you do not, within a reasonable time of our asking for it, provide us with information that is necessary for us to deliver the Goods;
  4. you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us;
  5. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  6. your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
2. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, or part-performance only of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
3. You may cancel the Contract if its performance has been affected by an Event Outside Our Control which has continued for more than 30 days. To do so, you shall give us notice in writing in accordance with clause 15. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us
1. When we refer to "in writing" in these Terms, this includes email.
2. Any notice under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
3. A notice or other communication is deemed to have been received:
  1. if delivered by hand, at the time the notice is left at the proper address;
  2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 a.m. on the second working day after posting; or
  3. if sent by email, at 9.00 a.m. the next working day after transmission.
4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Our recipes, mixes, and blends

Any Goods that comprise our own recipes, mixes, or blends may not be resold other than under our own branding. You may not re-label such Goods as your own.
Data protection

We will only use your personal information as set out in our Privacy and Data Protection Policy as in force from time to time and available on our website at www.essential-trading.coop/footer/legal/.
General
1. Assignment and transfer.
  1. We may assign or transfer our rights and obligations under the Contract to another entity.
  2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
4. Severance. Each provision and part-provision of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
6. Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

Terms and Conditions Governing the Use of a Buying Group Customer Account

We are Essential Trading Co-operative Limited (“we” and “us”), a registered society under the Co-operative and Community Benefit Societies Act 2014. Our registration number is 23234R and our registered office is Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB. Our registered VAT number is 303067304. We operate the website www.essential-trading.coop.
These terms and conditions (“Terms”) govern your registration for and use of a customer account with us. By registering or continuing to use a customer account with us you accept and agree to abide by these Terms.
All customers will be given access to a customer web portal, specific to each customer, on our website, accessible by means of a username and password.
We may amend these Terms, and the terms and conditions on which we supply our products (“Terms of Supply”), from time to time and will not necessarily give notice to holders of customer accounts. It is your responsibility to ensure that you have read and understood the current version of these Terms and the Terms of Supply. Continuing to use a customer account after the Terms have been amended constitutes acceptance of the amended Terms.
The versions current from time to time of these Terms and the Terms of Supply will be available on your customer web portal. The Terms of Supply available on your customer web portal shall apply to any order which you place with us.
To register for or use a customer account you must be at least 18 years of age; by registering for a customer account you warrant that you are at least 18 years old.
If you are registering for a customer account as a Community Buying Group you warrant that your Community Buying Group consists of at least 4 households.
In our absolute discretion we may decline a request to register a customer account, or to trade with, or accept an order from, any customer or prospective customer, without giving any reason for doing so. Without limitation to the generality of the foregoing, this may be because the business model, practices, ethos, or activities of such customer or prospective customer conflict with our core principles and aims, or because the customer is a Community Buying Group which is in our sole opinion situated too close to an existing retail customer.
In our absolute discretion we may at any time suspend or delete an existing customer account for operational, legal, regulatory, or other reasons, and shall not be obliged to give any reason for doing so.
You warrant that all details and information provided by you on registration for a customer account are true, up to date, accurate, and complete to the best of your knowledge, information and belief. You shall ensure that such details and information as we hold about you remain true, up to date, accurate, and complete by informing us immediately should any such details or information change.
Changes to your details, including but not limited to your delivery address and contact details, may affect any minimum order value which we impose upon any order placed with us or which we stipulate as a condition of free delivery, and may affect the day on which we deliver to you. You acknowledge that changing your details may result in a delay in the delivery of your order.
In registering and communicating with us, whether in person or through any media, written or oral, you shall not impersonate any other person, organisation, or entity.
You must treat your customer account log-in details and password as confidential, and you must not disclose them to any third party. You must notify us immediately of any unauthorised use of your customer account, or if you believe that your username or password are no longer confidential, and you accept full responsibility for any activity undertaken and orders placed using your account log-in details and password prior to your informing us of any such suspected security breach.
We may, but shall not be obliged to, send you our seasonal catalogue and/or price list. If we do so, we shall be entitled to stop sending these to you at any time and without giving any reason.

Community Buying Group Terms of Supply

These terms
1. What these terms cover. These are the terms and conditions (“Terms”) on which we supply goods to you. By placing an order you agree that these Terms shall apply to the order to the exclusion of any other terms that you seek to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing. You waive any right you might otherwise have to rely on any term endorsed upon, delivered with, or contained or referred to in any document of yours that is inconsistent with these Terms.
2. Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
Information about us and how to contact us
1. Who we are. We are Essential Trading Co-operative Limited (we and us), a registered society under the Co-operative and Community Benefit Societies Act 2014. Our registration number is 23234R and our registered office is Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB. Our registered VAT number is 303067304. We operate the website www.essential-trading.coop.
2. How to contact us. You can contact us by telephoning our customer services team on 0117 9430800 or by writing to us at the address above, by fax to 0117 9430801, or by emailing sales@essential-trading.coop.
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
5. Operating procedures and FAQs. Further information on our operating procedures, together with answers to other Frequently Asked Questions, may be found on our website at www.essential-trading.coop/footer/faqs/. Such material does not form part of this contract, and may be amended from time to time.
Our contract with you
1. Placing your order. Each order which you place shall constitute an enquiry concerning the goods specified in the order. Our online order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2. Offer and acceptance. Having considered what we will be able to supply to you, we will shortly prior to the designated delivery day allocated to you make a formal offer – via our shipping note or other correspondence – to supply to you some or all of the goods specified in your order (Goods) subject to these Terms. Upon your acceptance of our offer (which may be made by your taking delivery of the Goods), a contract will come into existence between you and us.
3. Why we may not be able to supply goods specified in your order. We may not be able to offer to supply some or all of the goods specified in your order. This may be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
4. Last order time. Last order time will be no later than 5pm, 2 working days before the designated delivery day allocated to you.
5. Priority service. You will receive our priority service, where we will endeavour (but shall not be obliged) to contact you to inform you of stock shortages and out of stock items, and to discuss possible substitutions with you.
6. Quantity restrictions. In our absolute discretion we may limit the quantity of any product or products that any one customer may order.
7. Minimum order values. We will generally refuse an order which does not meet the minimum order value applicable to you. The minimum order values can be found on our website on your Customer Web Portal.
Our products
1. Goods may vary slightly from their pictures. The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website or in our marketing material have a 2% tolerance. If the Goods are advertised in quantities which use the words “about”, “more or less”, or similar words, the quantity delivered will be within 10% of the quantity specified.
3. Product packaging may vary. The packaging of the Goods may vary from that shown in images on our website.
4. Refrigerated Goods. In the case of refrigerated Goods, the use by date shall be at least 7 days after the date of delivery, but we give no warranty that they will have any use by date longer than this.
5. For harvested Goods, the quality shall be representative of a fair average of the particular year’s crop.
6. Information provided by the producers of the Goods, including branding and marketing content, is not necessarily a reflection of our own ethos, views, and values.
Your rights to make changes

If you wish to make a change to your order before delivery please contact us. We will let you know if the change is possible. If it is possible, we will let you know how the change will impact on pricing, delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes

Minor changes to the Goods. We may change the product to reflect changes in relevant laws and regulatory requirements.
Delivery
1. Delivery costs. Often we do not charge separately for delivery, but we reserve the right to do so. In those cases where a delivery charge will be applied, this will be stated in our formal offer to supply the Goods and we will not proceed to delivery without your express acceptance of the offer.
2. When we will provide the products. You will have been allocated a schedule of designated delivery days when registering with us as a customer. Assuming that you have met the last order time set out in clause 3.4, we shall endeavour to deliver the Goods on the next designated delivery day after your order is received. Exceptionally, if you have requested delivery outside of our delivery schedule, we will agree an estimated date of delivery with you during the order process. We are unable to specify the time of day at which the Goods will be delivered.
3. The time of delivery is not of the essence of the contract.
4. We are not responsible for delays outside our control. If our delivery of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
5. Third party carriers. Often we will make deliveries ourselves, particularly where the delivery address is within England & Wales, but in our sole discretion we may arrange for delivery of the Goods by a third party carrier.
6. Collection by you. If you have asked to collect the Goods from our premises and we in our sole discretion have agreed to this, you may collect them from our warehouse when it is open: opening hours may vary but will be available on our website www.essential-trading.coop. In collecting the Goods you shall abide by any conditions specified by us, including but not limited to any reasonable measures relating to health & safety.
7. Delivery address. A single address must be provided for delivery. We shall deliver to the address recorded on your customer account, unless a different address has been agreed in writing prior to the order being placed. At your own liability and expense, you shall provide adequate and appropriate equipment and/or labour for receipt of the Goods.
8. Checking your order. At the time of delivery or collection, you or your representative must thoroughly check the goods delivered to ensure that they match the Goods contracted for and, if everything is in order, provide us with proof of receipt in such form as we may reasonably request.
9. Failure to take receipt of the Goods. If for any reason you are unavailable to take receipt of the delivery, or if we are unable to effect delivery owing to your failure to provide us with adequate and accurate delivery or access instructions or contact details, you will incur a non-delivery fee of £50 + VAT. We shall endeavour to contact you to arrange a date for re-delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply. We shall not be liable for supplying the Goods late or not supplying any part of them if this is caused by your not giving us the information we need within a reasonable time of our asking for it.
10. Leaving the Goods in a designated place. If in exceptional circumstances you are unable to be present to accept and sign for the Goods on delivery, we may, in our absolute discretion, agree to leave the Goods unattended in a designated place. We will not agree to leave refrigerated or frozen goods unattended unless the delivery driver will be able to access suitable chilled storage.
11. When you become responsible for the goods. The Goods will be your responsibility from the time we deliver them to the address you gave us or you or a carrier organised by you collect them from us.
12. When you own goods.
  1. Title to the Goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the Goods.
  2. Until title to the Goods has passed to you, you shall:
    1. (a) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
    2. (b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and
    3. (c) maintain the Goods in the condition in which they were delivered.
  3. At any time before title to the Goods passes to you, we may require you to deliver up all Goods in your possession that have not been resold, or irrevocably incorporated into another product, and if you fail to do so promptly, we may enter any of your premises (or the premises of any third party) where the Goods are stored in order to recover them.
  4. We may at any time after delivery elect to transfer title in the Goods to you.
13. International deliveries.
  1. If you order Goods for delivery to countries outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
  2. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
  3. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
  4. International delivery will be governed by such of the Incoterms® 2020 Rules of the International Chamber of Commerce as may be agreed between you and us at the time the order is placed.
14. If you owe us money. Notwithstanding any other provision of this contract, we shall be entitled to suspend fulfilment of your order if you owe us money under this contract or otherwise, and the due date for payment has passed (unless you are disputing an unpaid invoice).
Your rights to end the contract
1. Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
  1. If what you have bought is defective or misdescribed you may have a legal right to end the contract (or to get the Goods replaced or to get some or all of your money back), see clause 12;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or
  3. If you have just changed your mind about the Goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
  2. there is a risk that delivery of the Goods may be significantly delayed because of events outside our control;
  3. you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind (Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013 (“CCRs”)). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the CCRs, are explained in more detail in these Terms. The CCRs do not give you the right partially to cancel the contract if you change your mind: if you exercise your right to cancel under the CCRs, this will apply to all the Goods to which the contract applies.
4. When you do not have the right to change your mind under the CCRs. You do not have a right to change your mind in respect of:
  1. products which are likely to deteriorate or expire rapidly, such as food and drinks with short expiry time limits, including (but not limited to) those which have to be kept refrigerated;
  2. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
  3. any products which become mixed inseparably with other items after their delivery.
5. How long do I have to change my mind under the CCRs? You have 14 days after the day you (or someone you nominate) receives the Goods, unless the Goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
How to end the contract with us (including if you have changed your mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Phone or email. Call our customer care team on 0117 958 3550 or, preferably, email us at claims@essential-trading.coop. Please provide your name, the order/invoice number(s), your customer code, the relevant product codes and the basis on which you are ending the contract.
  2. By post. Copy the model cancellation form at the end of these Terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it, the order/invoice number(s), your customer code, the relevant product codes, and your name and address.
2. Returning products after ending the contract. If you end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. You must return the Goods to us in person, or arrange for them to be delivered back to us at Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB. If we are responsible for the costs of return under clause 9.3, we may offer to collect the Goods. Please call our customer sales team on 0117 958 3550 or email us at claims@essential-trading.coop for a return label or to enquire about collection. If you are exercising your right to change your mind under the CCRs you must send off the Goods within 14 days of telling us you wish to end the contract.
3. When we will pay the costs of return. We will pay the costs of return:
  1. if the Goods are defective or misdescribed; or
  2. if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
  In all other circumstances (including where you are exercising your right to change your mind under the CCRs) you must pay the costs of return.
4. How we will refund you. If you are entitled to a refund under these Terms, we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under the CCRs then your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return a product to us, see clause 9.2.
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 14 days of our reminding you that payment is due;
  2. you do not, within a reasonable time of our asking for it, provide us with information that is necessary for us to supply the Goods; or
  3. you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem
1. How to tell us about problems. If you have any questions or concerns about the Goods or our service, you should contact our customer sales team on 0117 958 3550 or write to us at care@essential-trading.coop or Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB. We will endeavour to resolve any concerns within a reasonable timeframe.
2. You must not raise concerns via social media or any other public platform or medium. We reserve the right to take legal action in respect of inaccurate, unfounded, or defamatory statements published online or via any other public platform or medium.
Your rights in respect of defective products
1. We are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these Terms will affect your legal rights.
2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to us in person, arrange for them to be delivered back to us at Unit 3, Lodge Causeway Trading Estate, Fishponds, Bristol, BS16 3JB, or allow us to collect them from you. We will pay the costs of postage or collection. Please call our customer sales team on 0117 958 3550 or email us at claims@essential-trading.coop for a return label or to arrange collection. When rejecting products, please provide the invoice number(s), your customer code, and the relevant product codes.
3. At your option we will either replace the defective Goods or you may end the contract, in which case we will refund you in accordance with clause 9.4.
4. If the condition of the Goods is changed by anything you have done, including but not limited to opening, or labelling or otherwise marking the packaging, the Goods will be deemed to have been accepted by you and no return of the Goods, or claim in respect of the Goods, will be possible.
Return of Goods which you have ordered in error
1. In our absolute discretion, we may agree to accept the return of Goods ordered by you in error, including but not limited to where you have ordered the wrong quantity of goods. This is separate from your right to cancel under the CCRs.
2. In the event that we agree to accept the return of Goods in such circumstances, we will charge a handling fee of 15% of the value of the returned Goods or £10, whichever is greater.
3. We will only collect such Goods when delivering subsequent orders to you, and will consider in determining whether to accept such a return whether you intend to place a subsequent order within such a period that the quality and condition of the goods (including but not limited to their shelf life) will not be materially adversely affected at the time of their return.
4. Pending the return of such Goods, you shall maintain the Goods in the condition in which they were delivered to you.
Price and payment
1. Where to find the price for the product. The prices of the Goods will be as quoted in our formal offer to sell you the Goods (prices on our website, in our printed catalogues or elsewhere may have been superseded).
2. Value Added Tax (“VAT”). The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
4. Alternative products. If we offer you an alternative product to replace an item which is out of stock, we shall not be obliged to match the price of the original product.
5. Promotional prices. Promotional prices apply during periods of 2 calendar months’ duration (the first such period in the year being January to February, and so on through the year); our paper catalogues are current for the same periods. Unless a promotion is expressed to be ‘while stocks last’, a promotion will run from the 1st day of the relevant period until 5.00 p.m. on the working last day of the period, and promotions are applied based on the time and date of your order, not the date of delivery or collection.
6. When you must pay. We may invoice you for the Goods on or at any time after the completion of delivery. You shall pay each invoice submitted by us within 7 days of the date of the invoice (unless otherwise agreed between us in writing) in full and in cleared funds, and time for payment shall be of the essence of the contract. Each invoice shall be discharged by a single payment.
7. Advance payment. Notwithstanding clause 14.6, we reserve the right to require you to pay in full or in part for the Goods before we despatch them.
8. How you must pay. We accept payment by credit or debit card excluding American Express and Club Card, online payment via our secure web portal, BACS payment, (at our absolute discretion) by establishing a direct debit with us, and (at our absolute discretion) cash. We will also accept payment by cheque, but ask that this be used only as a method of last resort. We will make a charge of £10 where a cheque bounces or must be re-presented.
9. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods; and for defective products under the Consumer Protection Act 1987
3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our recipes, mixes, and blends

Any Goods that comprise our own recipes, mixes, or blends may not be resold other than under our own branding. You may not re-label such Goods as your own.
How we may use your personal information

We will only use your personal information as set out in our Privacy and Data Protection Policy as in force from time to time and available on our website at www.essential-trading.coop/footer/legal/.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of our telling you about it and we will refund you any payments you have made in advance for Goods not provided.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person with our prior written consent.
3. Variation of this contract. No variation of this contract shall be effective unless it is in writing and signed by you and us (or our respective authorised representatives).
4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
5. If a court finds part of this contract invalid, illegal, or unenforceable the rest will continue in force. Each of the provisions and part-provisions of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal, or unenforceable the remaining provisions will remain in full force and effect.
6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.