1.1. “Business Days” means all days other than Saturdays, Sunday and public holidays;
1.2. “Contract” means any contract between you and us for the sale and purchase of the Goods, incorporating these Terms;
1.3. “Goods” means goods agreed in the Contract to be supplied to you by us;
1.4. "Order” means your order for the Goods as per clause 3;
1.5. “Non-perishable Goods” means those goods which are not Perishable Goods;
1.6. “Perishable Goods” means any Goods which are reduced in value and deteriorate when kept and for the avoidance of doubt shall include all chilled goods;
1.7. “Terms” means the terms and conditions of sale as set out in this document;
1.8. “us” “we” or “our” means Fine Food Co Stores LTD, registered number 13463116, registered office address Old Bank House, High Street, Henfield, England, BN5 9DB;
1.10.“you” and "your” means the person who purchases the Goods from us.
2. Application of Terms
2.1. These Terms apply to the Contract to the exclusion of any other terms and conditions (including any terms and conditions which you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing).
2.2. These Terms and any documents referred to on our Website in existence from time to time shall regulate the supply of Goods by us to you. All other terms, conditions or representations are excluded (except as implied by statute or in respect of fraudulent misrepresentation). If there is a conflict between these Terms and any document on our Website, these Terms shall prevail.
2.3. The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made by or given by or on behalf of us which is not set out in the Contract.
2.4. Any descriptions or illustrations contained on the Website are produced for the sole purpose of giving an approximate idea of the Goods and they do not form part of the Contract or have any contractual force.
2.5. We reserve the right to amend or change our Terms without notice to you in relation to future orders. You should ensure that before placing an order with us, you have read our current Terms which are on our Website.
3. Formation of the contract
3.1. You can place an Order either:
3.1.1. on our Website by adding Goods to your basket and following the checkout process; or
3.1.2. by telephone to the number specified on our Website.
3.2. You are responsible for ensuring that your Order details are complete and accurate.
3.3. Each order for Goods by you to us shall be deemed to be an offer by you to purchase Goods subject to these Terms and all Goods are subject to availability.
3.4. No contract exists between you and us, for the sale of any Goods until we have received and accepted your order and sent you confirmation in writing (“Order Confirmation”) to the email address you gave at the time of your Order. At the time of acceptance, there is a legally binding contract between us and payment shall be taken by the method you selected at the time of your Order prior to dispatch. The Order Confirmation will set out:
3.4.1. your Order number;
3.4.2. your billing address;
3.4.3. your shipping address;
3.4.4. your preferred delivery date and delivery method you chose at the time of your Order;
3.4.5. any special instructions you requested at the time of your Order;
3.4.6. order summary (including a description of the Goods, the total cost of the Goods ordered (inclusive of VAT) and delivery charges); and
3.5. A further email or text message will be sent to you when the Goods are ready to be dispatched (“Dispatch Confirmation”). The Dispatch Confirmation includes a link to enable you to view and track your Order.
3.6. You cannot make amendments/changes to your Order after we have sent the Dispatch Confirmation.
4. Description and price of the goods
4.1. The description of the Goods will be as shown on our Website at the time you place your Order.
4.2. Every effort is made to ensure that the prices of our Goods shown on our Website are accurate at the time you place your Order. If an error is found, either before or at the time of our acceptance of your Order, we shall contact you either by telephone or by email using the telephone number or email address you provided to us at the time of your Order. You shall have the option to either re-confirm your Order at the correct price or to cancel your Order. We shall not process your Order until you have provided either verbal or written re-confirmation to us of your Order at the correct price. If you wish to cancel your Order, we shall refund any sums paid by the same method as we received the original payment.
4.3. The Goods we supply are both Perishable Goods and Non-perishable Goods so it is important that you follow the instructions and labels on the Goods as to their storage and shelf-life.
4.4. The price of the Goods and delivery charges shown on our Website are inclusive of VAT, unless otherwise stated.
5.1. Payment for the Goods and delivery charges can be made by any method shown on our Website at the time you place your Order.
5.2. The price you pay for the Goods shall be the price stated in the Order Confirmation.
5.3. You will be charged for the Goods either at the same time or after we have sent out the Order Confirmation.
5.4. No payment shall be deemed to have been received by us until we have received cleared funds for your total Order.
6. Delivery, Title & Risk
6.1. We shall ensure that the Goods are accompanied by a delivery note which shows:
6.1.1. the date of the Order;
6.1.2. your Order number;
6.1.3. your billing address;
6.1.4. your shipping address;
6.1.5. your preferred delivery date and delivery method you chose at time of your Order;
6.1.6. order summary (including a description of the Goods, the total cost of the Goods ordered (inclusive of VAT) and delivery charges.
6.2. Our delivery days and charges can be found on our Website, and we reserve the right to change these at any time prior to your Order.
6.3. Any dates quoted for delivery are approximate only, and time of delivery is not of the essence. Any delay in delivery of the Goods will not entitle you to terminate or rescind the Contract unless such delay exceeds 5 Business Days. For the avoidance of doubt, any delay in delivery of any Perishable Goods which are expected to be delivered within 24 hours of dispatch must be accepted by you provided that the Goods are received within 24 hours of dispatch.
6.4. We shall not be liable for any delay in delivery or failure of delivery of the Goods that is caused by an event or circumstance that is beyond our reasonable control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.5. The risk in the Goods shall pass to you on completion of delivery.
6.6. Title to the Goods shall not pass until we have received payment in full in cleared funds.
Delivery to the Customer’s address:
6.7. Delivery of the Goods shall be deemed to have taken place on delivery of the Goods to the address specified by you on the Order (“Shipping Address").
6.8. You must provide us with a Shipping Address (in addition to a billing address) at the time of your Order. The Order Confirmation shall prompt you to check that your Shipping Address is correct but it is your responsibility to check that the Goods will be delivered to the correct address. You can amend the Shipping Address by contacting us either by telephone or by email from the time you place your Order until we have sent the Dispatch Confirmation. We reserve the right to charge additional delivery charges if you change your Shipping Address at short notice.
6.9. You will not be required to sign for the Goods on delivery. If there is no one at the Shipping Address when the delivery is attempted the delivery contractor will:
6.9.1. carry out any special instructions which you requested prior to us sending you the Dispatch Confirmation (e.g. leave the Goods in a porch, garage or with a neighbour); or
6.9.2. in the absence of you requesting any special delivery instructions prior to us sending you the Dispatch Confirmation, the delivery contractor shall either:
184.108.40.206. leave the Goods with a neighbour chosen by the delivery contractor; or
220.127.116.11. leave the Goods in a safe place chosen by the delivery contractor,
and in each case, the delivery contractor will leave a card at the Delivery Address stating the location of your Goods. At this point, the Goods will have been deemed to have been delivered at the Shipping Address and will be entirely at your own risk and we will not accept any responsibility for any loss or damage suffered.
7.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
7.2. Nothing in these Terms shall limit or exclude our liability for:
7.2.1. death or personal injury caused by our negligence;
7.2.2. fraud or fraudulent misrepresentation;
7.2.3. any breach of the terms under the Consumer Rights Act 2015;
7.2.4. any breach of the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and
7.2.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
8. Your right of cancellation
Right to cancel
8.1. In respect of Perishable Goods, you have the right to cancel the Contract at any time up to when we send you the Dispatch Confirmation.
8.2. In respect of Non-perishable Goods, you have the right to cancel the Contract within 14 days without giving any reason.
8.2.1. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Non-perishable Goods.
8.3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement in writing (e.g. a letter sent by post or e-mail).
8.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
8.5. If you cancel the Contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
8.6. We may make a deduction from the reimbursement for loss in value of any Non-perishable Goods supplied, if the loss is the result of unnecessary handling by you.
8.7. We will make the reimbursement without undue delay, and not later than –
8.7.1. 14 days after the day we receive back from you any Non-perishable Goods supplied, or
8.7.2. (if earlier) 14 days after the day you provide evidence that you have returned the Non-perishable Goods.
8.8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.9. We may withhold the reimbursement until we have received the Non-perishable Goods back or you have supplied evidence of having sent back the Non-perishable Goods, whichever is the earliest.
8.10. You shall send back the Non-perishable Goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Non-perishable Goods before the period of 14 days has expired.
8.11. You will have to bear the direct cost of returning the Non-perishable Goods.
8.12. You are only liable for any diminished value of the Non-perishable Goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Non-perishable Goods.
8.13. You have a legal right to reject the Goods if they are of unsatisfactory quality, unfit for purpose or are not as described and do not conform to the Contract (under the Consumer Rights Act 2015) during the periods set out below:
8.13.1. Non-perishable Goods – Your deadline for rejecting the Goods is the end of 30 days beginning with the first day after the Goods have been delivered.
8.13.2. Perishable Goods – Your deadline for rejecting the Goods is the end of three days beginning with the first day after the Goods have been delivered.
8.14. If you reject the Goods, you are responsible for returning the Non-perishable Goods to us at Suite 1, Westbury Court, Church Road, Westbury on Trym, Bristol BS9 3EF. Upon receipt of the Non-perishable Goods we shall notify you in writing of your entitlement to a refund.
8.15. If you reject the Goods in accordance with these Terms we will:
8.15.1. refund you the price paid for the Goods;
8.15.2. refund any delivery costs and return costs you have paid;
8.15.3. make any refunds due to you as soon as possible and in any event within 14 days beginning with the day on which we have agreed that you are entitled to a refund.
9. Data protection
9.1. We shall process your personal information in accordance with the Data Protection Act 1998 and shall take all reasonable steps to ensure that the details of your order and payment are secure, but unless we are negligent, we shall not be liable for any unauthorised access to information supplied by you.
9.2. We shall only use your personal information for the purpose of fulfilling your order, unless you agree otherwise.
9.3. We would like to notify you of Goods and offers that may be of interest to you from time to time. To be added to our marketing database, you can either tick the box at the checkout at the time of your Order or you can subscribe to our newsletter by using the sign up form which can be found on our Website. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address or email address shown on our Website.
10. Governing Law and Jurisdiction
10.1. The Terms, the Contract, any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
10.2. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, the Contract or its subject matter or formation.