TERMS AND CONDITIONS OF SALE
1.1. These terms and conditions shall govern the sale and purchase of products through our website.
1.2. This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1. In these terms and conditions:
(a) "we" means Charlie’s Wiltshire Trout Ltd; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1. The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3. To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4. You will have the opportunity to identify and correct input errors prior to making your order by deleting unwanted items from your basket prior to checkout.
4.1. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.1. Our prices are quoted on our website.
5.2. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3. All amounts stated in these terms and conditions or on our website are stated exclusive of VAT as these products carry a zero VAT rating.
5.4. It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5. In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1. You must, during the checkout process, pay the prices of the products you order.
6.2. Payments may be made by debit or credit card.
6.3. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7.1. Our policies and procedures relating to the delivery of products are set outin our delivery policy document.
8. Distance contracts: cancellation right
8.1. This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2. You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time prior to receipt of the email confirming your order by contacting us by phone on 07515 385339
Orders may be cancelled between the time of the sending of the email confirming your order and despatch of the goods solely at the company’s discretion.
8.3. Under the Distance Selling Regulations fresh foods are excluded from the Right to Cancel. If the goods you have ordered arrive in an unsatisfactory state please contact us immediately on email@example.com or by phone on 07515 385339. We pride ourselves on delivering the very finest smoked trout so if we will replace any order that is not delivered within the promised timeframe or arrives in an unsatisfactory condition.
9. Warranties and representations
9.1. You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
9.2. We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
9.3. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
10. Limitations and exclusions of liability
10.1. Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Order cancellation
11.1. We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
11.2. You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
11.3. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
12. Consequences of order cancellation
12.1. If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.
13.1. These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2. These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3. These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1. We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].
15.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. No waivers
16.1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
17.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1. Subject to Section 10.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
20. Law and jurisdiction
20.1. These terms and conditions shall be governed by and construed in accordance with English law.
20.2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
21. Statutory and regulatory disclosures
21.1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2. These terms and conditions are available in the English language only.
22. Our details
22.1. This website is owned and operated by Charlie’s Wiltshire Trout Ltd.
22.2. We are registered in England and Wales under registration number 11673816, and our registered office is at 39 Station Road, Liphook, Hampshire, United Kingdom, GU30 7DW.
22.3. Our principal place of business is at 39 Station Road, Liphook, Hampshire, United Kingdom, GU30 7DW.
22.4. You can contact us by writing to the address given above, by telephone on 07515 385339 or by email to firstname.lastname@example.org.