Product Terms and Conditions
These terms and conditions (together with the documents referred to in them) (the "Terms") set out the terms and conditions on which we supply any of the products ("Products") listed on our website at www.gluten-free-cuisine.com (the "Website"). By placing an order for Products you agree to be bound by these Terms. Please read them carefully before doing so.
WE ARE THE LOCAL OUTLET OF GLUTEN-FREE CUISINE FOR YOUR POSTCODE AREA. OUR DETAILS ARE SET OUT ON THE WEBSITE. ANY CONTRACT ENTERED INTO FOR THE DELIVERY OF PRODUCTS WILL BE BETWEEN YOU AND US.
Price
The price of the Products will be as quoted on the Website at the time you confirm your order. If we have by obvious mistake underpriced any Product, we will not be liable to supply that Product at the stated price. We will endeavour to notify you before despatch. If you subsequently amend your order, the prices charged will be those applicable to the amended Products at the time that you confirm your amended order.
All prices are expressed inclusive of any VAT payable (unless otherwise stated) at the current rates and are correct at the time of entering the information onto the system.
The price includes delivery, subject to a minimum order requirement.
Service Availability
Our Website is only intended for use (at the moment) by people resident in the East Midlands region (subject to conditions). Some restrictions are placed on the extent to which we accept orders from specific regions within those counties. These restrictions can be gained by contacting us via; email, WhatsApp or telephone.
We may accept orders from individuals outside the East Midlands, for delivery in the UK at a delivery address compatible with our delivery schedule (as amended from time to time).
Payment
A minimum order requirement applies to some postcode areas, where relevant these are displayed on the Website.
Payment by cash will be collected at the point of delivery unless an alternative method of payment has been agreed by us BEFORE delivery.
If you pay by Bank transfer. You will be charged at the time of the order. Any adjustment to your order which may happen during the confirmation process will be debited or credited to your Bank once your delivery has taken place.
You agree to indemnify us in full against all loss, cost and expense incurred by us or our agent in obtaining payment from you in the event that we are unable to recover in full the price of any Product ordered by you.
Availability
We will notify you as soon as possible if for any reason we are unable to supply a particular Product. We will not be liable to you if we are unable to supply a particular Product. We will try, where appropriate, to offer a substitute but please note that this may affect the price. You may reject any substitute Product and we will refund the amount you have been charged for that substitute.
Although we will always try to cater for your order, an order of large quantities of a particular Product can only be fulfilled at our discretion.
Contract
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
The sales Contract is completed in England and concluded in English.
Delivery Risk and Title
Your order will be fulfilled by the delivery date as agreed with you and set out in the Dispatch Confirmation
Delivery will be made to the address as set out in the Dispatch Confirmation.
We reserve the right to restrict deliveries in certain areas and this includes the right to eliminate certain areas from our delivery schedule entirely from time to time.
If no one is at the specified address when the delivery is attempted the Products may be retained by us. We will leave notification of the attempted delivery and will telephone you to attempt to rearrange the delivery.
Second attempt delivery/re-delivery, will incur a delivery cost(depending on distance from our depot). Which will be sent to you via email.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Cancellation and Changes to an Order
Orders can be cancelled at any time up until the moment they are dispatched.
We will promptly and fully refund the cost of any Products that do not meet with your reasonable satisfaction. If you want to return a Product to us (because you claim that the Product is defective), after inspection of the Product, please contact us immediately using the Contact Us section of our Website before returning the Product, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by your to pay for your purchase.
If we have sent an incorrect item, please notify us as soon as possible. If you would like us to replace the incorrect item with the item that you ordered, we shall send you the correct one as soon as possible. We will not charge you for the incorrect item.
Amendments to Website
We reserve the right to alter or withdraw any Products from this Website at any time and/or remove or edit any material or content on this Website and will not be liable to you or any third party by reason of our altering or withdrawing any Product whether or not that Product has been sold or by reason of removing or editing any material or contents of the Website.
We may update these Terms from time to time. Any changes will be notified to you via the email address provided by you on registration or by a suitable notice on the Website. If you do not wish to accept the new terms and conditions you should cease using the Website. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.
Registration
To be eligible to purchase Products on this Website you must be legally capable of entering into binding contracts and be 18 years of age or over and have stipulated a delivery address compatible with our delivery schedule, as amended from time to time.
We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that the details provided by you on registration are true, accurate, current and complete in all respects. You must notify us immediately of any changes to the information that you have provided when registering by updating your personal details.
Our Rights to Refuse a Transaction
We reserve the right to refuse to process a transaction to any customer and we shall not be liable to you or to any third party for refusing to process a transaction or unwinding or suspending any transaction should the processing have begun.
We may suspend or cancel your order immediately without notice at our reasonable discretion or if you breach any of your obligations under these Terms.
The suspension or cancellation of your order and your right to use the Website shall not affect either party's rights or liabilities.
Data Protection and Confidentiality
We respect your privacy and undertake to store and process your data in accordance with the Data Protection Act 1998 and our Privacy Policy.
It is not our policy to sell, rent or transfer information to third parties for marketing purposes.
In the absence of our negligence we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Our Guarantee/Liability
We guarantee the quality of our Products and warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking these Terms is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
Written Communications
Applicable laws require that some of the information and communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given via the details on the "Contact us" section of our Website. We may give notice to you either via the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Miscellaneous
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Governing Law and Jurisdiction
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
Customer Complaints
If you have any concerns about material which appears on our Website or if you have any complaints or queries, please contact us on the e-mail address listed on the Website in the “Contact us” section.
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