Website Ordering Terms and Conditions

Table Of Contents

1. ABOUT US
2. OUR CONTRACT WITH YOU
3. PLACING AN ORDER AND ITS ACCEPTANCE
4. OUR GOODS
5.  REFUNDS AND CANCELLATIONS
6.  DELIVERY, TRANSFER OF RISK AND TITLE
7.  NO INTERNATIONAL DELIVERY
8.  PRICE OF GOODS AND DELIVERY CHARGES
9.  HOW TO PAY
10.  OUR WARRANTY FOR THE GOODS
11. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
12.  TERMINATION
13.  EVENTS OUTSIDE OUR CONTROL .
14. COMMUNICATIONS BETWEEN US
15. GENERAL
    15.1 ASSIGNMENT AND TRANSFER.

IT IS HEREBY AGREED

ABOUT US

• Company details. FYLDE FRESH AND FABULOUS LIMITED (company number 05525354 ) (we and us), is a company registered in England and Wales and our registered office is at Charter House Pittman Way, Fulwood, Preston, United Kingdom, PR2 9ZD.
• Our main trading address is Stanley Villa Farm, Back Lane, Weeton, Preston, PR4 3HN.
• Our VAT number is 874468772
• We operate the website www.fyldefreshandfabulous.com
• Contacting us To contact us telephone our customer service team at 01253 836444 or email: sales@fyldefreshandfabulous.com. How to give us formal notice of any matter under the Contract is set out in clause 15.2.

OUR CONTRACT WITH YOU

• Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
• Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
• Language. These Terms and the Contract are made only in the English language.
• Your copy. You should print a copy of these Terms or save them to your computer for future reference.

PLACING AN ORDER AND ITS ACCEPTANCE

• Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
• Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any details submitted/selected by you are complete and accurate.
• Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
• Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence. No Contract exists until we have sent you this email acceptance.
• If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

OUR GOODS

• The images of the Goods on our site are for general and illustrative purposes only. Although we have tried to display the Goods accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the Goods. The Goods may vary slightly from those images.
• Although we have made every effort to be as accurate as possible, all sizes, weights, quantities and measurements indicated on our site have a 1.5 % tolerance.
• The packaging of your Goods may vary from that shown on images on our site.
• We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

REFUNDS AND CANCELLATIONS

• Because of the nature of the Goods we provide we cannot accept cancellations of orders once we have accepted them.
• If you believe that the Goods you have received do not comply with the warranties we have given in these Terms please email our Customer Services team as soon as possible on sales@fyldefreshandfabulous.com]. Please include details of your order to help us to identify it together with evidence of the breach you believe has occurred. The Goods themselves should not be returned. This is subject in particular to clause 10.3.
• If we believe that the Goods do not comply with the warranties we have given we may, at our option either credit the amount you have paid for the Goods or supply replacement Goods in satisfaction of our obligations

DELIVERY, TRANSFER OF RISK AND TITLE

• Our courier/haulier will contact you with an estimated delivery date, which will be within 2 working days of the time we emailed you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 (Events outside our control) for our responsibilities when this happens.
• Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
• You will only own the Goods once we have received payment in full, including of all applicable delivery charges.
• If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by:-
  • an Event Outside Our Control,
  • because you failed to provide adequate delivery instructions or any other instructions that are relevant to
  • the supply of goods; or
  • any other breach by you.

NO INTERNATIONAL DELIVERY

• Unfortunately, we do not deliver to addresses outside the UK.
• You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK, the Isle of Man or the Channel Islands.

PRICE OF GOODS AND DELIVERY CHARGES

• The prices of the Goods will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
• However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
• Prices for our Goods and delivery charges may change from time to time, but subsequent changes will not affect any order you have already placed.
• The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
• The price of the Goods includes delivery charges.
• We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
• • where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
  • if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of either continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly 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 cancel supply of the Goods and refund you any sums you have paid.

HOW TO PAY

• You can only pay for Goods through the method we set out in our sale process. Currently this is via Take Payments Limited (a payment processor). You must follow and accept the terms and instructions of Take Payments Limited
• Goods must be paid for in full before we can accept your order.
• Payment for the Goods and all applicable delivery charges must be made in advance.

OUR WARRANTY FOR THE GOODS

• The Goods are intended for use and consumption only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
• We provide a warranty that on delivery the Goods shall:
  • subject to clause 4, conform in all material respects with their description;
  • be free from material defects.

We will not be liable for breach of the warranty set out in clause 10.2 if:

• • you make any further use of the Goods after giving notice to us;
  • the defect arises as a result of us following any drawing, design or specification supplied by you;
  • you alter the Goods without our written consent;
  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
  • the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

• We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 10.2 to the extent set out in these Terms.
• The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
• These Terms also apply to any repaired or replacement Goods supplied by us to you.

OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

• References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
• We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
• Nothing in these Terms limits or excludes our liability for:
  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • any other liability that cannot be limited or excluded by law.

• Subject to clause 11.3, we will under no circumstances be liable to you for:
  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

• Subject to clause 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods that you have paid to us.
• Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

TERMINATION

• Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
  • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so;
  • you fail to pay any amount due under the Contract on the due date for payment;
  • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  • your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

• Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
• Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
• If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  • we will contact you as soon as reasonably possible to notify you; and
  • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

COMMUNICATIONS BETWEEN US

• When we refer to “in writing” in these Terms, this includes email.
• Save as specifically set out elsewhere in this Contract, any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email
• A notice or other communication is deemed to have been received:
  • if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
  • if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
  • if sent by email, at 9.00 am the next working day after transmission.
• In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
• The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

GENERAL

ASSIGNMENT AND TRANSFER.

• We may assign or transfer our rights and obligations under the Contract to another entity
  You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
• Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
• Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
• Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
• Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.