TERMS OF SALE FOR THE SALE OF FOOD ONLINE
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply products to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms, please contact us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Cornish Gouda Limited a company registered in England and Wales. Our company registration number is 08799129 and our registered office is Talvan Farm, Lanreath, Cornwall, PL13 2PA. Our VAT number is GB 177 7501 80.
2.2 How to contact us.
You can contact us by calling us on 07553 385070 or by e-mailing us at email@example.com
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes communication by e-mail.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will either inform you during the checkout process and you will not be able to submit your order or we will contact you by email or phone after receipt of your order. You will not be charged and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline originally specified.
3.3 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.
3.4 We only sell to the UK Mainland.
Our website is solely for the promotion of our products in the UK Mainland. Unfortunately, we do not accept orders from nor deliver to addresses outside the UK Mainland [England, Scotland and Wales].
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only and may include recipe suggestions or other items not included in your order. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade and slices are hand cut, all sizes, weights, capacities, dimensions and measurements indicated on our website
may vary marginally. We will make sure that any variance in weight will be positive and you will not be charged for variations in weight of these products.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown on images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. 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 product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products.
We may change the product or cancel the order if there are changes in relevant laws, regulatory requirements or changes in government advice regarding the dispatch of our products. We will contact you by telephone or email to let you know of any change or cancellation required by law, regulation or change in government advice.
6.2 Substitution of products.
Where you have ordered a product which we cannot provide (by way of example, because it is a perishable product which would not be edible by the time it is delivered to you) we may, at our sole discretion, provide a substitute of that product which we believe to be similar or materially identical to the product you ordered. You will not be charged additional fees for substituted products. Before making a substitution we may attempt to contact you by telephone or email to confirm the substitution with you.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.
The costs of delivery will be FREE for all orders over £25.00. For any orders under £25.00, shipping is set at a flat rate of £5.50.
7.2 When we will provide the products.
We will make every effort to ensure that your order is delivered within 3-7 working days of purchase date (but not when these days are bank holidays) and deliveries will be made by dpd.
We may provide you with a tracking number. If you do not receive a tracking number within your shipping confirmation email then you can request this by e-mailing us at firstname.lastname@example.org
We cannot guarantee that the order will arrive by any specific time or date.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay where possible. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. We will not liable where government advice prevents us from supplying the products to you but we will offer you a full refund if we are prevented from despatching the products to you.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery of your order it will be left at a safe and convenient place, which you have specified to us in your order. If the products cannot be left at a safe and convenient location, or you’re are not in, our courier will leave your products either;
7.4.1 with a neighbour; or
7.4.2 in a place which the courier determines to be suitable.
We take no responsibility for any lost or damaged products if either 7.4.1 or 7.4.2 happens, or if you fail to specify a safe and convenient location. Whilst social distancing measures are in place your delivery will likely be left outside your door.
7.5 When you become responsible for the product.
The product will be your responsibility from the time we deliver the product to the address you gave us, or take any of the steps outlined at 7.4.
7.6 When you own the goods.
The products which form your order become your goods once we have received payment in full.
7.7 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, delivery instructions. We ask for this information when checking-out on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always 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, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online (excluding perishable products) you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.
8.4 Where an order contains perishable products.
You do not have a right to change your mind about any order that contains perishable products (for example, meat, cheese). However, if your request to cancel is received before your items are dispatched then we may cancel your order and refund you in full. You must contact us as soon as possible with your cancellation request by emailing email@example.com
8.5 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of:
8.5.1 products which are perishable products (such as meats, cheese);
8.5.2 products sealed for health protection or hygiene purposes, once these have been unsealed after delivery;
8.5.3 any products which become mixed inseparably with other items after their delivery.
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 (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered (regardless of whether you are in to receive the delivery or not). If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or e-mail. Call us or e-mail us using the details set out in clause 2.2 above. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.
9.1.2 Online. Complete the form on our website.
9.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us, unless those products are perishable. You must either return the goods in person or post them back to us at Cornish Gouda Co. Talvan Farm, Lanreath, Looe, Cornwall PL13 2PA. Please call us or e-mail using the details in clause 2.2 above for a return label or to arrange collection. We may charge for collection of products.
9.3 How we will refund you.
We will refund you the price paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.4 Deductions from refunds.
If you are exercising your right to change your mind:
9.4.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.4.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.5 When your refund will be made.
We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products 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.
11. IF THERE IS A PROBLEM
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can call us or e-mail using the details in clause 2.2 above.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.
For the avoidance of doubt, perishable products (such as meat and cheese) once dispatched for delivery cannot be returned.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
12.2 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.3 When you must pay and how you must pay.
We accept payment by PayPal. You must pay for the products before we dispatch them.
12.4 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.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products 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.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information.
We will use the personal information you provide to us:
14.1.1 to supply the products to you;
14.1.2 to process your payment for the products; and
14.1.3 if you gave your consent to do so during the order process, to inform you about similar/complimentary products that we or third parties provide, but you may stop receiving these at any time by contacting us.
14.2 We will only give your personal information to third parties where;
14.2.1 the law either requires or allows us to do so; or
14.2.2 you have agreed that we may share your information with third parties.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this Agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
15.2 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.
15.3 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.
15.4 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.
15.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 The law that applies to this contract and where legal proceedings can be brought.
These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or English courts.
THE PURPOSE OF THESE TERMS
Some of the sections in these terms apply solely to consumers and businesses, these sections are marked as such, otherwise all terms apply to everyone who visits our site.
WHO WE ARE
We are Cornish Gouda Limited ("We", “Our” or “Us”). We are registered in England and Wales with company number 08799129. Our registered office is at Talvan Farm, Lanreath, Looe, Cornwall, PL13 2PA.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes. If you do, our liability to you shall be limited as if you were a business user (see above) and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
OTHER APPLICABLE TERMS
our Acceptable Use Policy & Content Standards, included within these terms, which sets out how you can and cannot use our site, including the use of interactive features, our responsibilities to you, and the penalties for breaching the policy; and
any other agreements you enter into with us.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up-to-date.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
We allow links to our site to be shared via social media, provided that they comply with our Acceptable Use Policy and Content Standards included in these terms.
Other than for social media use you must not:
establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
establish a link to our site in any website that is not owned by you; or
frame our site on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with our Acceptable Use Policy and Content Standards.
If you wish to make any use of content on our site other than that set out above, please contact us by emailing us at email@example.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources and do not guarantee that those sites will adhere to our Acceptable Use Policy or Content Standards.
ACCEPTABLE USE POLICY
You may use our site only for lawful purposes. You may not use our site:
in any way that breaches any applicable local, national or international law or regulation.
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
for the purpose of harming or attempting to harm minors in any way.
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
access without authority, interfere with, damage or disrupt any:
part of our site;
equipment or network on which our site is stored;
software used in the provision of our site; or
equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on our site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we feel necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
CHANGES TO THESE TERMS
Please check this page and our policies from time to time to take notice of any changes we made, as they are binding on you.