Terms and Conditions
This page contains two sets of terms: Section A – Website Terms of Use, which apply to everyone using Our Site, and Section B – Terms of Sale, which apply when you buy Food Products from Us. References to a "Part" within each section refer to the Parts of that section.
Section A – Website Terms of Use
Background
Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, therailwaybutchers.co.uk ("Our Site"). It is recommended that you save or print a copy of these Terms of Use for your future reference.
These Terms of Use were last updated on 14 October 2026.
Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.
The following documents may also apply to your use of Our Site:
- Our Privacy Policy, which also explains how We use Cookies. This is also referred to below in Parts 3, 7, and 15.
- If you purchase goods from Us, Our Terms of Sale, set out in Section B below, will apply to the sale. These terms are also referred to below in Parts 12 and 13.
1. Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means an account required to access certain features on Our Site, as set out in Part 7;
"Content" means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer or other device that appears on, or forms part of, Our Site;
"User" means a user of Our Site;
"User Content" means a customer review published on Our Site, as set out in Part 10; and
"We/Us/Our" means The Railway Butchers Ltd, trading as The Railway Butchers.
2. Information About Us
2.1 Our Site is operated by The Railway Butchers Ltd, trading as The Railway Butchers. We are a limited company registered in England and Wales under company number <<insert company number>>. Our registered address and main trading address is 9 Oriental Road, Woking, GU22 7AH.
3. How to Contact Us
3.1 To contact Us by email, please email Us at therailwaybutcherswoking@gmail.com or to contact Us by telephone, please call Us on 01483 773415.
3.2 We may monitor any and all communications sent to Us through Our Site.
3.3 Any personal information sent to Us (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
4. Access to Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an "as is" and on an "as available" basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time, for example to add or update products, prices, and seasonal information. If We make any significant alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.
6. Changes to these Terms of Use
6.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.
6.2 If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
7. Accounts
7.1 Certain features on Our Site, including the ability to purchase goods from Us and to post reviews, may require an Account.
7.2 There is no minimum age to create an Account. If you are under 18, please ask a parent or guardian before creating an Account or placing an Order.
7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
7.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.
7.5 It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please change your password immediately and contact Us using the details above in Part 3.
7.6 You must not use another person's Account without their permission.
7.7 All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
7.8 If you wish to delete your Account, you may do so at any time by contacting Us using the details above in Part 3. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. We will keep records of your past Orders for as long as We need them for accounting and legal reasons. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy.
7.9 If you delete your Account, any User Content that you have shared on Our Site will also be deleted.
7.10 We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use.
8. International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
9. How You May Use Our Site and Content (Intellectual Property)
9.1 With the exception of User Content (please refer to Part 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
9.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
9.4 You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
9.5 You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable. This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
9.6 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
9.7 Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, 'Acts Permitted in Relation to Copyright Works', which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office (external link).
9.8 You may not use any bot, scraper, or other automated tool to copy, collect, or extract any Content, data, or information from Our Site (including product descriptions, prices, images, and reviews), and you may not use any part of Our Site for the purposes of developing or training AI models or systems. This applies to the fullest extent permissible by law.
10. Customer Reviews
10.1 Only customers who have registered an Account with Us may post reviews of Our Food Products and service on Our Site.
10.2 All reviews are checked by Us before they are published. We may decline to publish, edit where appropriate (for example, for length), or remove any review at Our discretion.
10.3 Reviews must be honest and based on your own experience. They must not be offensive, defamatory, discriminatory, misleading, or fake; must not include anyone else's personal information; and must not infringe anyone else's rights.
10.4 Reviews reflect the views of the customers who wrote them and not necessarily Our views.
10.5 You keep ownership of your review. By submitting it, you give Us permission to display and use it on Our Site free of charge.
10.6 If you would like your review removed, or wish to complain about a review, please contact Us using the details in Part 3.
11. Links to Other Sites
11.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control and We are not responsible for their content.
11.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
12. Disclaimers
12.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. If you have a food allergy, intolerance, or specific dietary requirement, please check product information carefully and contact Us before ordering.
12.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but, subject to these Terms of Use and the other policies referred to in them, to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale in Section B below for more information.
12.3 If you are a business user, to the fullest extent permissible by law, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
13. Our Liability
13.1 The provisions of this Part 13 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale, set out in Section B below.
13.2 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
13.3 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
13.4 If you are a business user, to the fullest extent permissible by law, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
13.5 If you are a consumer, you agree that We shall have no liability to you for any business losses as set out above.
13.6 Subject to Part 13.7, if you are a consumer and Our Content (digital content) from Our Site (that is not User Content) damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.
13.7 Note that the right to compensation or repair in Part 13.6 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.
14. Acceptable Usage of Our Site
14.1 In addition to the rest of these Terms of Use, the rules for reviews set out in Part 10.3 apply to your use of Our Site.
14.2 You may only use Our Site in a lawful manner:
- You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
- You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
- You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind.
14.3 If you fail to comply with the provisions of this Part 14 and/or Part 10.3, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:
- Suspend or terminate your right to use Our Site;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any reasonable and direct costs incurred by Us as a result of your breach;
- Take further legal action against you, as appropriate;
- Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
14.4 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.3) in response to your breach.
15. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, which also explains how We use Cookies.
16. Communications from Us
16.1 If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.
16.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. Email marketing options can also be changed in your Account settings. If you opt out of emails from Us, it may take up to 7 days for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
17. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.
18. Law and Jurisdiction
18.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 18.1 takes away from or reduces your legal rights as a consumer.
18.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Section B – Terms of Sale
Background
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Food Products are sold by Us to consumers through this website, therailwaybutchers.co.uk ("Our Site").
These Terms of Sale explain who We are, how Our Food Products will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 14 October 2026.
You will be required to read and accept these Terms of Sale when ordering Food Products. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Food Products through Our Site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
- Our Terms of Use, set out in Section A above, apply to your use of Our Site. These terms are also referred to below in Part 4.
- Our Privacy Policy, which also explains how We use Cookies. This is also referred to below in Part 23.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
"Contract" means a contract for the purchase and sale of Goods, as explained in Part 11;
"Food Products" means the products sold by Us through Our Site;
"Order" means your order for Food Products;
"Order Confirmation" means Our acceptance and confirmation of your Order;
"Order Number" means the reference number for your Order;
"Perishable" means, in relation to a Food Product, any product which has a "use by", "best before", or "BBE" date marked on it or its packaging; and
"We/Us/Our" means The Railway Butchers Ltd, trading as The Railway Butchers.
1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:
- "writing", and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
2. Information About Us
2.1 Our Site is operated by The Railway Butchers Ltd, trading as The Railway Butchers. We are a limited company registered in England and Wales under company number <<insert company number>>. Our registered address and main trading address is 9 Oriental Road, Woking, GU22 7AH.
3. How to Contact Us
3.1 To contact Us with general questions or complaints by email, please email Us at therailwaybutcherswoking@gmail.com, to contact Us by telephone, please call Us on 01483 773415, and to contact Us by post, please write to Us at 9 Oriental Road, Woking, GU22 7AH.
3.2 To contact Us about the Food Products or your Order by email, please email Us at therailwaybutcherswoking@gmail.com, to contact Us by telephone, please call Us on 01483 773415, and to contact Us by post, please write to Us at 9 Oriental Road, Woking, GU22 7AH.
3.3 To contact Us about cancellations by email, please email Us at therailwaybutcherswoking@gmail.com, to contact Us by telephone, please call Us on 01483 773415, and to contact Us by post, please write to Us at 9 Oriental Road, Woking, GU22 7AH.
4. Access to Our Site and Use of Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Use of Our Site is subject to Our Website Terms of Use, set out in Section A above. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
5. Changes to these Terms of Sale
5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Food Products paid for but not received.
5.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
6. Business Customers
These Terms of Sale do not apply to customers purchasing Food Products in the course of business. If you are a business customer, please contact Us using the details in Part 3.
7. Delivery Area
Please note that We only deliver to addresses within a 20-mile radius of Our shop at 9 Oriental Road, Woking, GU22 7AH.
8. Age Restrictions
8.1 There is no minimum age to buy Food Products through Our Site. If you are under 18, please ask a parent or guardian before placing an Order.
8.2 We do not sell alcohol or any other age-restricted products through Our Site.
9. Food Products, Descriptions, and Changes
9.1 We make all reasonable efforts to ensure that all descriptions and images of Food Products available from Us on Our Site match the actual Food Products. Please note:
- Images of Food Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
- Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; and
- Due to the nature of Our Food Products, there may be a variance of up to 10% in weight between the actual Food Products and the description.
9.2 Please note that Part 9.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Food Products, not to different Food Products. If you receive Food Products that are not as described, please refer to Part 15.
9.3 Product descriptions on Our Site will tell you if a Food Product contains (or may contain) any of the 14 major allergens: celery, cereals containing gluten, crustaceans, eggs, fish, lupin, milk, molluscs, mustard, tree nuts, peanuts, sesame seeds, soybeans, and sulphur dioxide/sulphites. Our Food Products are prepared in a butcher's shop where many of these ingredients are handled, so We cannot guarantee that any product is completely free from allergens. If you have an allergy or intolerance, please contact Us before ordering.
9.4 Minor changes may be made to certain Food Products from time to time. This may happen between you placing your Order and the Food Products being dispatched.
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
Minor changes will not change the main characteristics of the Food Products and will not affect your use or enjoyment of those Food Products.
For example, a cut may be trimmed or portioned slightly differently, or a product may come from a different farm or supplier of equal quality.
9.5 More significant changes may occasionally need to be made to a Food Product you have ordered, for example if a particular cut or product becomes unavailable and We need to offer a substitute. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Food Products paid for but not received.
10. Pricing
10.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 10.2.
10.2 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
10.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Food Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 24 hours, We will treat your Order as cancelled and inform you of the cancellation in writing.
10.4 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Food Products to Us.
10.5 Delivery charges are not included in the price of Food Products shown on Our Site. Delivery is free for Orders over £40, and a delivery charge of £2 applies to Orders under £40. Delivery options and related charges will be presented to you as part of the order process.
11. Orders and How Contracts Are Formed
11.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
11.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Food Products to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Food Products late or for not supplying the affected Food Products if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
11.3 No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Food Products.
11.4 Order Confirmations contain the following information:
- Your Order Number;
- Confirmation of the Food Products ordered including full details of their main characteristics;
- Fully itemised pricing for the Food Products ordered including, where appropriate, taxes, delivery, and other additional charges;
- Your chosen delivery or collection date and, where applicable, time slot.
11.5 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
11.6 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Food Products are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Food Products, or because We are not able to meet a delivery deadline that you have set.
12. Payment
12.1 Payment for Food Products and related delivery charges must be made in advance, except for Christmas Orders, where a deposit is taken when you place your Order and the balance is payable when you collect your Order (see Parts 12.5 and 12.6). You will be prompted to provide payment details during the ordering process.
12.2 Except for deposits on Christmas Orders, which are taken when you place your Order, We will not charge your chosen payment method until We dispatch the Food Products or they are ready for collection.
12.3 We accept payment by credit or debit card, processed securely by Stripe.
12.4 If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
12.5 Christmas Orders. A deposit is taken on all Christmas Orders. The ordering deadline for Christmas Orders is 10th December. We cannot accept any new Christmas Orders, or any changes to existing Christmas Orders, after this date because We will already have placed Our orders with Our suppliers.
12.6 Christmas deposits. If you cancel your Christmas Order on or before 10th December, your deposit will be refunded. The deposit is non-refundable if you cancel after 10th December, because by that point We will have ordered stock from Our suppliers to fulfil your Order. This does not affect your legal rights under Parts 15 and 18, for example if We cancel your Order or the Food Products are faulty or not as described.
13. When You Own the Food Products
Ownership of the Food Products passes to you once We have received payment in full of all sums due.
14. Delivery
14.1 Food Products purchased through Our Site will be delivered, or will be ready for collection, on the date (and, where applicable, in the time slot) you choose during the ordering process, as shown in Our Order Confirmation. For next-day delivery, Orders must be placed by 1pm on the previous working day.
14.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
14.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Food Products that you have not received.
14.4 If you are collecting the Food Products from Us instead of having them delivered to you, they can be collected from Our shop at 9 Oriental Road, Woking, GU22 7AH, during Our normal opening hours or in the collection slot you have chosen.
14.5 If you (or someone on your behalf) are not available at your address to take delivery of the Food Products, We will try to contact you to arrange re-delivery or collection. Because Our Food Products are perishable, We may not be able to leave them unattended.
14.6 If you do not arrange to have the Food Products re-delivered or do not collect them, We will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Food Products, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
14.7 In the unlikely event that We do not deliver the Food Products on time (on the date agreed or specified in Our Order Confirmation), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
- We have refused to deliver the Food Products;
- In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
- You told Us when ordering the Food Products that delivery within the specified or agreed time period was essential.
14.8 If you do not wish to cancel under Part 14.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
14.9 You may cancel all or part of your Order under Parts 14.7 or 14.8 provided that separating the Food Products in your Order would not significantly reduce their value.
Any sums that you have already paid for cancelled Food Products and their delivery will be refunded to you.
If any cancelled Food Products are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 to arrange this.
14.10 Responsibility for the Food Products passes to you once We have delivered the Food Products to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Food Products from Us.
14.11 As explained in Part 11.2, We will not be responsible for delivering Food Products late or for not delivering Food Products if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
15. Faulty, Damaged, or Incorrect Food Products
15.1 This Part 15 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
15.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, if any Food Product you have purchased does not comply (that is, not as described, fit for purpose, or of satisfactory quality, or is otherwise faulty or defective), please contact Us as soon as reasonably possible to inform Us of the problem and to arrange for a refund or replacement. Please note that We may ask that you send Us reasonable evidence (such as photographs) of any Food Product(s) affected by such issues.
15.3 In the case of Perishable Food Products, you must notify Us under Part 15.2 before the expiration of the "use by", "best before", or "BBE" date marked on the affected Food Product(s).
15.4 Please note that you will not be eligible to claim under this Part 15 if:
- We informed you of the problem(s) with the Food Products before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
- You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
- You have purchased the Food Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Food Products for that purpose; or
- The problem(s) is/are the result of normal wear and tear; or
- You have changed your mind (please refer to Part 17).
15.5 If there is a problem with the Food Products, please contact Us using the details provided above in Part 3.
15.6 If you exercise your legal right to reject the Food Products, you must return them to Us.
15.7 To return Food Products to Us for any reason under this Part 15, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 to arrange this.
16. Your Rights to Cancel and End the Contract
16.1 If the Food Products are faulty or misdescribed, you may have a legal right to end the Contract, to have the Food Products repaired or replaced, or to get a full or partial refund. Please refer to Part 15, above, for more information.
16.2 If you are a consumer and have changed your mind, you may have a legal right to a "cooling-off period" in respect of non-Perishable Food Products within which you can end the Contract for any reason. Please refer to Part 17, below, for more information.
16.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 18, below, for more information.
17. Cancelling and Ending the Contract if You Change Your Mind
17.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason, subject to the exceptions stated below in Part 17.4 (which include, but are not limited to, Food Products which are Perishable). This 14 calendar day "cooling-off period" begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
- If the Food Products (not Perishable Food Products) are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Food Products.
- If the Food Products (not Perishable Food Products) are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Food Products.
17.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
17.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
17.4 Please note that this right to cancel may not apply in the following circumstances:
- If the Food Products are sealed for health or hygiene reasons and you have unsealed them after receiving them;
- If any goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
- If the Food Products are likely to deteriorate quickly (i.e., they meet Our definition of "Perishable", as set out above in Part 1);
- If the Food Products have been personalised or custom-made for you;
- If the Food Products have been inseparably mixed with other items (according to their nature) after you have received them.
18. Cancelling and Ending the Contract Because of Something We Have Done or Will Do
18.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
- We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
- We have informed you about an upcoming change to the Food Products that you do not agree to (see Part 9.5);
- We have informed you about an error in the price or description of the Food Products and you do not wish to proceed;
- There is a risk that delivery of the Food Products will be substantially delayed due to events outside of Our control (see Part 14.3);
- You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Food Products on time and the circumstances in Part 14.7 or 14.8 apply).
18.2 If you cancel and end the Contract for any of the reasons set out in this Part 18, the Contract will end immediately and you will receive a full refund for any Food Products which have not yet been provided. You may also be entitled to compensation.
18.3 If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
19. Returning Food Products After Cancelling and Ending the Contract
19.1 Subject to your right to partially cancel your Order under Part 14.9, if you cancel and end the Contract for any reason after Food Products have been dispatched or delivered to you, you must return the Food Products to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 to arrange this.
19.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 17, you must return the Food Products to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
19.3 If you are returning the Food Products to Us in person instead of posting them or having them collected, they can be returned to Our shop during Our normal opening hours.
19.4 We will cover the costs of returning the Food Products to Us in the following circumstances:
- The Food Products are faulty or misdescribed;
- You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
- You are cancelling and ending the Contract because of upcoming changes to the Food Products that you do not agree to;
- You are cancelling and ending the Contract because We have made an error in the price or description;
- You are cancelling and ending the Contract because there is a risk that delivery of the Food Products will be substantially delayed due to events outside of Our Control;
- You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Food Products on time and the circumstances in Part 14.7 or 14.8 apply).
19.5 In all other circumstances, including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Food Products to Us.
19.6 If you are responsible for the costs of returning the Food Products to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Food Products.
20. Refunds
20.1 All refunds due to you will be made using the same method used by you when paying for the Food Products. You will be refunded the price paid for the Food Products and for delivery, subject to the following limitations and deductions:
- If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Food Products if that reduction has been caused by your handling of the Food Products in a way that would not be permitted in a shop. If We issue the refund before inspecting the Food Products and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
- Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges.
20.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
- The day on which We receive the returned Food Products;
- The day on which you inform Us (supplying evidence) that you have sent the Food Products back (if this is earlier);
- If We are collecting the Food Products, the day on which you inform Us that you wish to cancel and end the Contract; or
- If We have not yet provided an Order Confirmation or have not yet dispatched the Food Products, the day on which you inform Us that you wish to cancel and end the Contract.
21. Our Liability to Consumers
21.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
21.2 We only supply Food Products for domestic and private use by consumers. We make no warranty or representation that the Food Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
21.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
21.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 15.
22. Complaints and Feedback
22.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
22.2 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3. We will acknowledge your complaint and aim to resolve it as quickly as possible.
23. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, which also explains how We use Cookies.
24. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
25. Other Important Terms
25.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
25.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
25.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
25.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
26. Alternative Dispute Resolution
26.1 Alternative dispute resolution or 'ADR' refers to ways of resolving disputes between a consumer and a trader without going to court.
26.2 We do not currently use an ADR provider. If you are unhappy with how We have handled your complaint, you can get free, impartial advice from the Citizens Advice consumer helpline on 0808 223 1133.
27. Law and Jurisdiction
27.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
27.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 27.1 takes away from or reduces your legal rights as a consumer.
27.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
27.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Attribution
These Terms and Conditions have been created using document templates from www.simply-docs.co.uk.