Terms & Conditions for Fine Foods
You should retain a copy of these terms and conditions for future reference. You can contact us with any queries by email at [email protected].
1. Definitions and Interpretation
In these Terms and Conditions the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Content and purchase Goods through the Web Site;
“Acknowledgement Email” means an automated e-mail sent from The East India Company Fine Foods to confirm that we have received an order;
“Carrier” means any third party responsible for transporting purchased Goods from our storage facilities to the delivery address provided;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Despatch” means the time at which we take payment for any Goods that a User has ordered or the time at which we dispatch the Goods that a User has ordered to the delivery address provided, whichever is the earlier;
“Goods” means any product or products that The East India Company Fine Foods advertises or makes available for sale through this Web Site;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit and debit card numbers, bank account numbers and sort codes;
“Phone Line” means our customer service telephone number, 02032053394 from inside the UK and +44 2032053394 from outside the UK , open between 09:30 and 17:30 BST Mondays to Fridays;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar information that may be in hard copy or electronic form;
“Premises” means our place of business located at 7-8 Conduit Street, London W1S 2XF, United Kingdom;
“Returns Address” means The East India Company Fine Foods Ltd, 7-8 Conduit Street, London W1S 2XF, United Kingdom;
“Service” means collectively any online or telephone facilities, tools, services or information that The East India Company Fine Foods makes available through the Web Site or Phone Line either now or in the future;
“System” means any online or telephone communications infrastructure that is made available through the Web Site or Phone Line either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“The East India Company Fine Foods”, “we” or “us” means The East India Company Fine Foods Limited, a private limited company with its trading address at 7-8 Conduit Street, London W1S 2XF, registration in England and Wales No. 5243353;
“User” means any party that accesses the Web Site or Phone Line and is not employed by or acting in the course of their employment with The East India Company Fine Foods; and
“Web Site” means the website that you are currently using (www.theeastindiacompany.com), which is owned and provided by The East India Company Fine Foods.
2. Age and Legal Restrictions
Persons under the age of 18 should use our Web Site and Phone Line only with the supervision of an Adult. By placing an order you warrant that you are legally permitted to enter into binding contracts and that you are at least 18 years old.
3.1 On placing an order via the Web Site, you will receive an Acknowledgement Email. This does not mean that your order has been accepted. The East India Company Fine Foods reserves the right to refuse orders from any User.
3.2 Your order constitutes a contractual offer by you to us to buy Goods. Your contractual offer is deemed to be accepted by us only upon the Despatch of those Goods. We will not be obliged to supply any other Goods which may have been part of your order for which Despatch has not occurred. The East India Company Fine Foods reserves the right to cancel orders without stating reasons, for any reason prior to Despatch. If payment has not been taken at Despatch, then we will include a copy of the despatch invoice with the Goods.
4. Availability, Risk & Pricing
4.1 Stock indications are provided on the Web Site however these may not take into account items purchased in around the time of your purchase and can be subject to error. Hence all Goods on the Web Site are subject to availability and may be withdrawn at any time prior to Despatch.
4.2 Gift Hamper contents are subject to substitution should a component product be unavailable at the time in which the goods are prepared for despatch. An item will be substituted for the most similar product of similar or higher value. If such an item is unavailable, we will contact you to discuss the order in further detail. Dietary requirements should be specified on your order notes at the time the order is placed.
4.3 Goods will be at the User’s risk from the time that they have been received at the delivery address provided. Ownership of Goods will only transfer to the User when full payment of all sums due in respect of the Goods has been received.
4.4 The price of all Goods purchased via our Web Site, subject to Clause 4.6 below, will be as quoted on the Checkout Page of the Web Site from time to time, except in the cases of obvious error, including but not limited to clerical and typographical errors. These prices include VAT (if applicable) but exclude delivery costs. Delivery costs shall be as quoted on our Web Site from time to time, except in the cases of obvious error, including but not limited to clerical and typographical errors.
4.5 For purchases from outside the UK, import duties and taxes or equivalent may be due and payable in the jurisdiction in which the Goods are ordered and/or delivered. You will be responsible for the payment of all these charges. The East India Company Fine Foods assumes no responsibility for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the buyer of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The East India Company Fine Foods cannot guarantee that the packaging of your Goods will be free of signs of tampering.
4.6 Prices are liable to change at any time because of variations in raw material prices for example. These changes will not affect orders for any Goods for which Despatch has already occurred. However, in the event that the prices or delivery costs of any Goods ordered change after the order for those Goods is placed but prior to the Despatch of those Goods, we will contact you using the contact details you provide us to check whether you still want to proceed with the order on the basis of the new prices and delivery charges.
4.7 You can pay for any Goods ordered via the Web Site in full by VISA credit or debit card, Mastercard credit or debit card, and American Express credit card.
5.1 The East India Company Fine Foods delivers Goods worldwide except to PO Box addresses.
5.2 We will endeavour to deliver Goods within 30 working days from the date on which the order for those Goods was placed, expect for circumstances beyond our reasonable control. If we are unable to deliver your order within 30 working days we will notify you in writing of the delay. In the event of a delay in delivery of greater than 30 working days you may cancel your order resulting in us providing you with a full refund.
5.3 We will notify you by email to confirm Despatch of Goods. This email will contain details on the estimated delivery time as well as any tracking information where provided by the Carrier.
6. Returns, Refunds and Replacements
6.1 If you live in the European Union, and subject to Clause 6.2, you have a statutory right to a “cooling-off” period during which time you may cancel your order at any time. This period begins once your order is placed and ends 7 days after receipt of the Goods. You will need to inform us of your cancellation by email at [email protected] within this period and arrange a return. You may be liable for the cost of returning the Goods to us
6.2 Notwithstanding Clause 6.1, you will not have any right to cancel your order and receive a full refund for any Goods which have been personalised, or any Goods which are perishable (e.g. any food and beverage items). Furthermore, you may only cancel your order for Goods provided that all packaging remains unopened, any seals remain unbroken and the Goods can be re-sold, as new, without any additional work on the part of The East India Company Fine Foods.
6.3 If you receive Goods which you claim are incorrect or defective, including Goods that have been personalised or are perishable, then you should contact us by email at [email protected] within 30 days of receipt of the Goods to report these claims and arrange a return and refund.
6.4 If Goods are damaged in transit, you should sign the delivery note, where possible, to the effect that the goods have been damaged and contact us by email at [email protected] within 30 days of receipt of the Goods to report such damage and arrange a return.
6.5 Once we receive your request to arrange a return, we will provide you with a RMA number that you should enclose with the Goods and return the Goods to our Returns Address. You will be responsible for the costs of returning the Goods to and for ensuring the safe delivery of the Goods to the Returns Address. We recommend that Goods are insured during transit to their full value.
6.6 If you have returned Goods on the basis of Clause 6.1, once we have received and processed the returned Goods, you will receive a full refund of the original purchase price paid for the Goods excluding all delivery charges paid.
6.6 If you have returned Goods on the basis of Clauses 6.3 or 6.4, we will examine the returned Goods on receipt. If we find that the Goods returned by you are not incorrect, defective or damaged in transit we will notify you in writing within a reasonable period of time and offer to redeliver the Goods to you. If you accept redelivery, you will be liable for the cost of redelivering the Goods. If the Goods returned by you are found to be incorrect, defective or damaged in transit, you will be given two options:
6.6.1 to have the Goods replaced at no additional charge (subject to availability); or
6.6.2 to receive a full refund of the original purchase price along with all delivery charges paid.
In both cases 6.6.1 and 6.6.2, you will be refunded all charges paid by you in order to return the Goods to our Returns Address.
6.7 Whilst Goods are in your possession you are expected to take all reasonable care to maintain them in their original condition.
6.8 We will usually refund any money received from you using the same method originally used by you to pay for your purchase but we reserve the right to refund you by any other reasonable means.
6.9 Should you have any queries in relation to returning any Goods purchased from us, you can contact us by email at [email protected] or by telephone on 02032053394 from inside UK and +442032053394 from outside UK.
6.10 If we receive no communication from you within 30 days of delivery regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
7. Intellectual Property
7.1 Subject to the exceptions in Clause 9 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The East India Company Fine Foods or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
7.2 Subject to Clause 7.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The East India Company Fine Foods.
7.3 Notwithstanding Clause 7.2, material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The East India Company Fine Foods. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Linking to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the Web Site www.theeastindiacompany.com without prior permission. You may only link to our home page in a manner that is fair and legal and does not damage or take advantage of our reputation. We reserve the right to withdraw linking permission without notice. Deep linking (i.e. links to specific pages within the site) requires the express permission in writing of The East India Company Fine Foods. To find out more please contact us by email at [email protected].
9. Use of Communications Systems & Services
9.1 When contacting us over email, via the Phone Line, using any communication System provided on the Web Site or using any Services provided on the website to submit Content onto our Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.6 You must not impersonate other people, particularly employees and representatives of The East India Company Fine Foods or other related third parties; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that The East India Company Fine Foods reserves the right to monitor any and all communications made to us or using our System, and remove any Content that you submit that in our opinion, does not comply with our Terms and Conditions.
9.3 Any Content that you submit to our Web Site will not be considered confidential or proprietary, and we have the right to use, copy, distribute and disclose to third parties such material for any purpose. If any third party claims that any Content submitted by you to our Web Site constitutes a violation of their intellectual property rights or right to privacy, we will have the right to disclose your identity to that third party. We will not be responsible, or liable to any third party, for the content or accuracy of any Content submitted by you or any other User.
10.1 When using this Web Site, you may choose to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site. By continuing to use this Web Site you represent and warrant that:
10.1.1 all information that you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your password with anyone. The East India Company Fine Foods accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without your consent, you should contact The East India Company Fine Foods immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled before Despatch. In the event that Despatch has occurred for an unauthorised purchase prior to your notifying us of the unauthorised nature of the purchase, The East India Company Fine Foods accepts no liability or responsibility and you should make direct contact with the Carrier detailed in the Purchase Information.
10.4 Either The East India Company Fine Foods or you may terminate your Account. If The East India Company Fine Foods terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12. Availability of Services
Our Services are provided “as is” and on an “as available” basis through our Web Site and Phone Line. We give no warranty that these Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The East India Company Fine Foods accepts no liability for any disruption or non-availability of the Web Site or Phone Line resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, The East India Company Fine Foods accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Phone Line, Web Site or any information or Content contained therein.
13.2 Nothing in these Terms and Conditions excludes or restricts The East India Company Fine Foods’ liability:
13.2.1 for death or personal injury resulting from any negligence on the part of The East India Company Fine Food; or
13.2.2 for fraud or fraudulent misrepresentation.
14. Changes to the Phone Line, Web Site and Terms and Conditions
14.1 The East India Company Fine Foods reserves the right to change the Phone Line, Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If The East India Company Fine Foods is required to make any changes to Terms and Conditions relating to the sale of Goods by law, these changes will apply automatically to any orders that you have placed but for which Despatch has not yet occurred, in addition to any orders placed by you in the future. We expect you to check this page from time to time to take notice of any changes we made, as they are binding on you.
14.2 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise in these Terms and Conditions
15.1 The East India Company Fine Foods makes no warranty or representation that the Web Site or Phone Line will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Web Site or Phone Line.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
All notices / communications shall be given to us by email to [email protected]. Such notice will be deemed received on the day of sending if the email is sent in full on a business day and on the next business day if the email is sent in full on a weekend or public holiday.
17.1 You may not assign to any third party your agreement to abide by these Terms and Conditions without our prior written consent.
17.2 Subject to clause 13.2, The East India Company Fine Foods will have no liability to you under these Terms and Conditions if we are prevented from, or delayed in, performing our obligations under these terms by anything outside of our reasonable control.
17.3 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17.5 In the event that any of these provisions are found by any court or administrative body of competent jurisdiction to be unlawful, invalid or otherwise unenforceable, that Clause is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. This severance shall apply only within jurisdictions where the provision is found illegal.
17.6 These Terms and Conditions and the relationship between you and The East India Company Fine Foods shall be governed by and construed in accordance with the laws of England and Wales and The East India Company Fine Foods and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.