Terms
OUR TERMS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which you will communicate your order (‘Order’ or ‘Orders’) for our frozen food products (‘Product’ or ‘Products’).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 think that there is a mistake in these terms please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Althams Fine Foods Ltd a company in England and Wales. Our company registration number is 09801268 and our registered office is at Northgate, White Lund Industrial Estate, Morecambe, Lancashire LA3 3AY. Our registered VATnumber is GB 225 3310 49.
2.2 How to contact us. You can contact us by telephoning our customer service team at Tel. 01524 544594 or by writing to us at Althams Fine Foods, Units 3-4 Maple Works, Northgate, White Lund Industrial Estate, Morecambe LA3 3AZ.
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 email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 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 you and us.3.2 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 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 you have 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. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK or Northern Ireland.
4. YOUR OBLIGATIONS
4.1 Capacity and age. By placing an Order through our website, you warrant that:4.1.1 you are legally capable of entering into a binding contract with us w; and
4.1.2 you are at least 18 years old.
4.2 Allergies. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact us directly, before placing your Order, in order to check that the food is suitable for you.
5. MAKING AND PROCESSING YOUR ORDER
5.1 Placing your Order. Once you have selected the Products you wish to order please follow the onscreen prompts to place your Order. It is important that you check all the information that you enter and correct any errors before clicking “proceed”or “place my order” or any other imitation of that. Once you click to proceed you will be entering into a binding contract with us and errors cannot then be changed (subject to clause 4.2 below)
5.2 Amending or cancelling your Order. Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order,
you may contact our Customer Care team and they will attempt to deal with your request.
5.3 Payment authorisation. If a payment that you make is said to be not authorised, your Order will not be processed or communicated to us.
6. OUR PRODUCTS
6.1 Website information. While we try and ensure that information on the Website is correct, we do not promise that it is accurate or complete. We may make changes to the material on the Website, to the Products and prices described on it. Suchchanges can be made at any time without notice. The material on the Website may be out of date and we make no commitment to update that material.
6.2 Products may vary slightly from their pictures. The images of the products displayed on our website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device's
display of the images accurately reflects the products. Your product may vary slightly from those images.
6.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
7. 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 anythingelse 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end
the contract (see clause 10- Your rights to end the contract).
8. OUR RIGHTS TO MAKE CHANGES
8.1 Minor changes to the products. We may change the product:(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
9. PROVIDING THE PRODUCTS
9.1 Delivery costs. The costs of delivery will be as displayed to you on our website.9.2 Delivery times. During the order process we will let you know and estimated delivery date, we will also tell you during the order process when and how you can end the contract.
9.3 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. 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.
9.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery provider will leave a note of where the products have been left safely or with a neighbour. Due to the nature of the products they cannot be delivered a different day.
9.6 When you become responsible for the goods. The products will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
9.7 When you own goods. You own the products once we have received payment in full.
9.8 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, your address and contact details. If so, this will have been stated in the
description of the products on our website. We will contact you to ask for this information. 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 12.2 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.
9.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 8).
9.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price
so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums
you have paid in advance for the product in respect of the period after you end the contract.
9.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may
suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.6). We will
not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.5).
10. YOUR RIGHTS TO END THE CONTRACT
10.1 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:(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 13;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
(c) If you have just changed your mind about the product, see clause 10.3. 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;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.4.
10.2 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 at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been
provided and you may also be entitled to compensation. The reasons are:
(a) 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;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
10.3 Do you have a right to change your mind (Consumer Contracts Regulations 2013)? For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, regulation 6(1)(f) of the Consumer Contracts
Regulations 2013 specifically states that you do not have a right to change your mind in respect of a contract for the supply of foodstuffs intended for consumption in the household.
10.4 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 10.1), 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 and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, 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
11. HOW TO END THE CONTRACT WITH US
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:(a) Phone or email. Call customer services on 01524544594 or email us at info@supperclubcompany.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at Althams Fine Foods, Units 3-4 Maple Works, Northgate, White Lund Industrial Estate, Morecambe LA3 3AZ, including details of what you bought, when you ordered or received it and your name and address.
12. OUR RIGHTS TO END THE CONTRACT
12.1 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:(a) you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;
(b) 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, a delivery address;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable
compensation for the net costs we will incur as a result of your breaking the contract.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01524544594 or write to us at info@supperclubcompany.com or Althams Fine Foods, Units3-4 Maple Works, Northgate, White Lund Industrial Estate, Morecambe LA3 3AZ.
13.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
13.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must call customer services on 01524544594 or email us at info@supperclubcompany.com
14. PRICE AND PAYMENT
14.1 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 youis correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the
change in the rate of VAT takes effect.
14.3 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 to you, 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, refund you any sums you have paid and require the
return of any goods provided to you.
14.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
14.5 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 HSBC Bank plc 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.
14.6 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you
interest on correctly invoiced sums from the original due date.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 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 usereasonable 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.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud
or fraudulent misrepresentation; for breach of your legal rights in relation to the products
15.3 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.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our privacy policy.17. OTHER IMPORTANT TERMS
17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 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.
17.5 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.
17.6 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 products in the English courts. If you live in Scotland, you can bring
legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.