Home Sales Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
Background: These Terms and Conditions are the standard terms for the sale of goods via internet by Well Roasted Coffee, of Unit 23 Eckland Lodge Business Park, Desborough Road, Market Harborough,LE16 8HB.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than Saturday or Sunday or bank holiday; “Calendar Day” means any day of the year;“Chosen Carrier” means Royal Mail or an Approved Carrier whom We shall use to dispatch the Goods to you; “Contract” means the contract for the purchase and sale of Goods, as explained in Clause 2; “Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation); “Month” means a calendar month; “Order” means your order for the Goods, made via the Web Site; “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2; “Pre-Contract Information” means information about Well Roasted Coffee the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which will be made available to you via the Web Site; “Premium Delivery” means Our premium delivery option(s), available for an additional charge over Standard Delivery as set out in sub-Clause 5.6.2; “Price” means the price payable for the Goods; “Returns Address” means Well Roasted Coffee, Unit 23 Eckland Lodge Business Park, Desborough Road, Market Harborough, LE16 8HB; “Special Price” means a special offer price payable for the Goods; “Standard Delivery” means Our standard delivery method, Royal Mail 2nd Class; or an approved carrier; “We/Us/Our” means Well Roasted Coffee, of Unit 23 Eckland Lodge Business Park, Desborough Road, Market Harborough, LE16 8HB and includes all employees and agents of Well Roasted Coffee 1.2 Each reference in these Terms and Conditions to “writing” and any similar expression include electronic communications whether sent by email, fax or other means. 2. The Contract 2.1 These Terms and Conditions govern the sale of goods by Us, via the Web Site and will form the basis of the Contract between Us and you. Before submitting your Order, you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully. 2.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept. 2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing via the Web Site. 3. Description and Specification of Goods 3.1 We have made every reasonable effort to ensure that the Goods conform to descriptions, illustrations and photographs provided by Our salespeople and in Our sales and marketing literature. We cannot, however, guarantee that all such descriptions, illustrations and/or photographs will be free of mistakes. Nothing, however, excludes Our liability for mistakes due to negligence on Our part. 3.2 We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to descriptions, illustrations or photographs under sub-Clause 3.1 you may return those Goods to Us as provided in Clause 7. 3.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 7. If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods. 3.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice. 4. Orders 4.1 All Orders for Goods made by you via the Web Site will be subject to these Terms and Conditions. 4.2 You may change your Order at any time before We process the order by contacting Us. Requests to change Orders do not need to be made in writing. 4.3 If your Order is changed We will inform you of any change to the Price when you contact Us, and will confirm the change in writing. 4.4 If you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us. This does not include coffee beans that have been ground or roasted to your specific instructions. Please refer to Clause 8 for details of your cancellation rights. 4.5 We may cancel your Order at any time before We dispatch the Goods in the following circumstances: 4.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or 4.5.2 An event outside of Our control continues for more than 30 days (please see Clause 11 for events outside of Our control). 4.6 If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods, the payment will be refunded to you within 7 days. If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email. 5. Price and Payment 5.1 The Price of the Goods will be that shown in Our Web Site at the time of your Order. 5.2 If We offer a Special Price, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired. 5.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted. 5.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our Web Site are correct. Prices will be checked when We process your Order. If the correct Price of the Goods is lower than that shown in Our Web Site, you will be charged the lower Price. If the correct Price of the Goods is higher than that shown in Our Web Site, We will inform you and ask you how you wish to proceed. 5.5 All Prices include VAT where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you. Coffee beans and ground coffee are zero-rated foodstuffs and accordingly no VAT is charged. 5.6 Our Prices do not include the cost of delivery. The cost of your chosen delivery method will be added on to the final sum due (please refer to web site for delivery pricing information): 5.6.1 Standard Delivery; Royal Mail 2nd Class Post 5.7 All payments for Goods must be made in advance before We can dispatch the Goods to you. 5.8 We accept the following methods of payment: 5.8.1 Well Roasted Coffee take credit card orders from most major credit cards. All of our transactions are processed through the following gateways: Shopify Payments: Powered by Stripe Paypal.com: Visa / Delta / Electron MasterCard / Eurocard PayPal Top Up Card Maestro American Express All cards are taken using a secure encrypted server. 6. Delivery 6.1 Please note that delivery is only possible within the United Kingdom. Free shipping applies to UK coffee orders over £40 for delivery to a UK address only. Free shipping is not available for any EU areas or International orders. If you have any questions then you can call our office on +44 (0)1536 601331 and we will be happy to help. 6.2 When We send you an Order Confirmation, We will provide, along with a confirmation of the Pre-Contract Information, an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods and your location. In any event, subject to any circumstances beyond Our control, and subject to any longer period to which you agree when placing your Order (for Goods that We stock only on demand, for example), Goods will be delivered to you no more than 30 Calendar Days after the date that the Contract is formed but our aim is for 2 to 3 days. (see sub-Clause 2.3). 6.3 If you indicate when placing your Order that you wish to collect the Goods from Us or our nominated Collection Points yourself you may do so after receiving Our Order Confirmation, during the set business hours of the individual Collection points. 6.4 Delivery will be deemed to have taken place when the Goods have been received by you at your chosen delivery address or, if you are collecting the Goods from Us yourself, when you have collected the Goods. 6.5 If for any reason Our Chosen Carrier is unable to deliver the Goods at your chosen delivery address, the Chosen Carrier will leave a note informing you that the Goods have been returned to the Chosen Carriers distribution centre requesting you contact them to arrange re-delivery. 6.6 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 6.4 at which point it will pass to you. 6.7 You own the Goods once We have received payment in full for them. 7. Faulty, Damaged or Incorrect Goods 7.1 By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, replacement. 7.2 You will have a reasonable period of time (depending upon the nature of the Goods) following delivery to inspect and reject the Goods. After this period, or if you use the Goods in a manner that is inconsistent with Our ownership of them (for example, making alterations or otherwise customising the Goods), or if you tell Us that you have accepted the Goods, you will be deemed to have accepted the Goods. Before accepting the Goods you will be entitled to reject them and receive a full refund (or replacement if you prefer it) if the Goods are are not of satisfactory quality, unfit for purpose, or do not match their description. 7.3 If you have accepted the Goods, as described in sub-Clause 7.2, you may no longer be entitled to a full refund in which case you may request a replacement. If a replacement is not possible, would impose a significant burden on Us, or could not be performed within a reasonable time and without significant inconvenience to you, you may opt either to keep the Goods at a reduced price, or to cancel the contract and receive a refund. Please note that such refunds may be reduced to take account of any use you have had of the Goods since they were delivered to you. 7.4 If you are rejecting the Goods and claiming a full refund under sub-Clause 7.2 you must prove to Us that the Goods were not of satisfactory quality, unfit for purpose, or did not match their description when you received them. If you have accepted the Goods and are instead seeking a replacement under sub-Clause 7.3 within six months of receipt, it will be assumed that the problem existed at the time of delivery unless Our subsequent assessment of the Goods proves otherwise. If you are seeking a replacement under sub-Clause 7.3 after six months following receipt, please note that you must prove to Us that the problem existed at the time of delivery. Please note that your right to make a claim under this Clause 7 lasts for up to six years after the date of delivery. Please contact your local Citizens’ Advice Bureau or Trading Standards Office for more information. 7.5 Please note that you will not be eligible to claim under this Clause 7 if We informed you of any faults, damage or other problems with the Goods before your purchase of the them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 7 merely because you have changed your mind. If you are a consumer in the European Union you have a statutory right to a 14 day cooling off period within which you can return Goods for this reason. Please refer to Clause 8 for more details. 7.6 To return Goods to Us for any reason under this Clause 7, you may do so by post or another suitable delivery choice to Our Returns Address. We will be fully responsible for the costs of returning Goods under this Clause 7 and will reimburse you where appropriate. 7.7 Replacements issued under this Clause 7 will be dispatched within a reasonable time and in any event within 30 days of Our receipt of the original Goods. All replacements will be performed and/or issued at Our expense. Refunds (whether full or partial, including reductions in price) under this Clause 7 will be issued within 30 days of the event triggering the refund. 7.8 Any and all refunds issued under this Clause 7 will include all delivery costs paid by you when the Goods were originally purchased. 7.9 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office. 8. Your Right to Cancel If You Change Your Mind 8.1 As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Goods come into your physical possession (i.e. you taking delivery of the Goods under sub-Clause 6.4). You may cancel your Contract and return the Goods to Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, sub-Clauses 8.2 will apply. 8.2 If you wish to exercise your right to cancel under this Clause 8, you must inform Us of your decision. You may do so in any way that is convenient to you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 8.1 expires. (Note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.) Please contact Us: 8.2.1 By telephone on 01536 601331 8.2.2 By email on email@example.com or 8.2.3 By post at Unit 23 Eckland Lodge Business Park, Desborough Road, Market Harborough, LE16 8HB. Please note that your statutory right to cancel may be lost in the following cases: 8.2.4 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them. 8.3 You must return the Goods to Us no more than 14 days Calendar Days after the day on which you have informed Us that you wish to cancel under this Clause 8. 8.4 You may return Goods to Us by post or another suitable delivery service of your choice to Our Returns Address. For Goods returned under this Clause 8 We will reimburse you for reasonable postage or shipping costs (up to the equivalent of Royal Mail 2nd class standard postage). 8.5 Refunds under this Clause 8 will be issued to you within 14 Calendar Days of the following: 8.5.1 The day on which We receive the Goods back; or 8.5.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back; 8.5.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract. 8.6 Refunds under this Clause 8 may be subject to deductions in the following circumstances: 8.6.1 Refunds may subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 8, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). 8.6.2 We will make no deductions for damage to delivery packaging (i.e. additional packaging into which We have placed the Goods in their original packaging such as bubble wrap and a brown box) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition). 8.6.3 Standard Delivery charges (see sub-Clause 5.6) will be reimbursed in full along with the Price of the Goods, however We will only reimburse the equivalent Standard Delivery costs as part of your refund. 8.7 Refunds under this Clause 8 will be made using the same payment method you used when ordering the Goods. 9. Our Liability 9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 9.2 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. 9.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. 9.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer: 9.4.1 Breach of your right to title and quiet possession as implied by Section 12 of the Sale of Goods Act 1979; 9.4.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by Sections 13, 14 and 15 of the Sale of Goods Act 1979; 9.4.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987. 10. Events Outside of Our Control (Force Majeure) 10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control. 10.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions: 10.2.1 We will inform you as soon as is reasonably possible; 10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly; 10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary; 10.2.4 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible; 10.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible. 11. Communication and Contact Details 11.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01536 601331 or by email at firstname.lastname@example.org. 11.2 For orders, payments and delivery please contact Us by telephone at 01536 601331 or by email at email@example.com. 11.3 In certain circumstances you may wish to contact Us about specific issues: 11.3.1 To return faulty, damaged or incorrect Goods please use the contact details provided in Clause 7; 11.3.2 For cancellations under your right to a cooling off period please refer to Clause 8. 12. How We Use Your Personal Information (Data Protection) 12.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 12.2 We may use your personal information to: 12.2.1 Provide Our Goods and services to you; 12.2.2 Process your Order (including payment) for the Goods; and 12.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time. 12.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. 12.4 We will not pass on your personal information to any third parties. 13. Other Important Terms 13.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them. 13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. 13.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable. 13.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision. 14. Governing Law and Jurisdiction 14.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales. 14.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales. Security You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Well Roasted Coffee Unit23 Eckland Lodge Business Park Desborough Road Market Harborough LE16 8HB.