terms and conditions

What these terms cover. These are the terms and conditions on which we supply goods to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, what goods you are purchasing and how you and we may change or end the agreement with us, together with what to do if there is a problem.

1. OUR AGREEMENT

1.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between us.

1.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods.

1.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

2. THE GOODS

2.1 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 goods and packaging accurately, they may vary slightly from those images.

2.2 Inspecting our goods. You are responsible for opening and inspecting the goods upon delivery or collection and then storing them correctly (for example, in the freezer). We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of our goods. You are required to contact us within 14 days of receiving the goods to make us aware of any problems with the items delivered.

3. YOUR RIGHTS TO MAKE CHANGES

3.1 If you wish to make a change to the goods you have ordered please contact us as soon as possible. We require you to tell us about any amendments to your order 7 working days before the delivery or collection of your items.

3.2 We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change.

4. OUR RIGHTS TO MAKE CHANGES

4.1 Minor changes to the goods. We may change the goods to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements.

4.2 More significant changes to the goods and these terms. In addition, we may make more significant changes to these terms or to the goods, but if we do so we will notify you.

5. PROVIDING THE GOODS

5.1 Delivery

5.1.1 The costs of delivery will free of charge on a ten mile radius from our premises, WA16 7RA.

5.1.2 When we will provide the goods. You will be able to choose delivery option when you order the goods, and we will confirm the details of convenient delivery times and dates in an order confirmation email to you. We will try to deliver on your selected date/time but such delivery dates/times are estimates only.

5.1.3 If you are not at home when the goods are delivered. If no one is available at your address to take delivery, we may follow the instructions you have given us of where to leave the goods in the circumstances. If we leave the goods on your doorstep or with a neighbour, and they are stolen or damaged, we do not accept any liability.

5.2 Collection

5.2.1 Collection of the Goods is from our premises, Dairy Farm, Church Lane, Mobberley, Cheshire WA16 7RA.

5.2.2 When we will provide the goods. You will be able to choose a collection option when you order the goods, and we will confirm the details of convenient collection times and dates in an order confirmation email to you.

5.2.3 If you do not collect the Goods. If you do not collect the goods from us as arranged, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange collection or delivery we may end the contract.

5.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as practically possible to let you know. We will not be liable for delays caused by events outside of our control.

5.6 When you become responsible for and own the goods. The goods will be your responsibility from the time we deliver the goods to your address or when you collect the goods.

5.7 Reasons we may delay the supply of goods to you. We may have to delay the supply of goods to deal with technical problems or make minor technical changes, update the goods or packaging to reflect changes in relevant laws and regulatory requirements.

6. YOUR RIGHTS TO END THE CONTRACT

6.1 Your rights to end 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 and when you decide to end the contract:

6.2 If you have just changed your mind about the goods, you may be able to get a refund if you are within the cooling-off period for non-perishable goods, but this may be subject to certain conditions and deductions and you will have to pay the costs of return of any goods.

6.3 A right to change your mind if the goods are not fresh and perishable. As most of our goods contain fresh and perishable food, you may not be entitled to the “normal” right to change your mind within 7 days after the day you receive them.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed, but you may have to pay us compensation.

7. HOW TO END THE CONTRACT WITH US

7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

7.1.1 Phone or email. Call us on 07880 722909 or email us at chris@theflaminggourmand.co.uk. Please provide your order number, name, home address, details of the order and, where available, your phone number and email address.

7.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must return the goods in person to where you bought them from.

7.3 You must pay the costs of return.

7.4 How we will refund you. We will refund you the price you paid for the goods less any costs incurred by us, by the method you used for payment.

7.5 When your refund will be made. We will make any refunds due to you as soon as practically possible.

8. OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract if you break it. We may end the contract for goods at any time if:

8.1.1 you do not make any payment to us when it is due;

8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, delivery address; and/or

8.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in condition 8.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract which may be up to 100% of the price.

9. IF THERE IS A PROBLEM WITH THE GOODS

9.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone on 07880 722909 or email us at chris@theflaminggourmand.co.uk

10. PRICE AND PAYMENT

10.1 Where to find the price for our goods. The price of the goods (which includes VAT where appropriate) will be the price indicated on the order pages when you placed your order. All prices are shown in pounds sterling (£). We use our best efforts to ensure that the price of the goods advised to you is correct.

10.2 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

10.3 When you must pay and how you must pay. We accept payment with all major credit and debit cards. Your payment will be taken as soon as the order has been placed.

10.4 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 Bank of England 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.

10.5 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 and we will not charge you interest until we have resolved the issue.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods 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.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1 We will use the personal information you provide to us:

12.1.1 to supply the goods to you;

12.1.2 to process your payment for the goods; and

12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

13. OTHER IMPORTANT TERMS

13.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 13.2 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 if we agree to this in writing.

13.3 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.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 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.

13.6 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 goods in the English courts.