TERMS AND CONDITIONS OF SUPPLY OF GOODS THROUGH A WEBSITE
This page, together with any documents referred to on it, contains the terms and conditions on which we supply any of the products listed on our website to you (“Product(s)”). Please read these terms and conditions carefully before you order any Products from our site. You will be bound by these terms and conditions if you place any order for Products on our site, and we do not accept any orders where you refuse to accept these terms and conditions. If you have any queries about these terms and conditions, or if you have any comments or complaints on or about our website, please feel free to email firstname.lastname@example.org or telephone 01773 714518.
You should print a copy of these terms and conditions for future reference.
These terms and conditions were last updated on 04/02/2014
1. INFORMATION ABOUT US
www.jackwoodbutchers.co.uk is a website operated by Wood’s Quality
Foods Limited (“we”, “us”, “our”) trading as Jack Wood Butchers. We are
registered in England and Wales with company number 05828700 and our
registered office address is at Synergy House, 7 Acorn Business Park,
Commercial Gate, Mansfield, Nottinghamshire, NG18 1EX, England. Our
main trading address is 30 Wellington Street, Eastwood, Nottinghamshire,
NG16 3BB, England. Our VAT number is 772 4438 16.
2. YOUR STATUS
2.1 “You” or “your” means the person accessing, using or ordering from
our website over the Internet.
2.2 By placing an order through our site, you warrant that:
2.2.1 you are legally capable of entering into binding contracts;
2.2.2 you are at least 18 years old.
2.2.3 you are based in the UK.
3. HOW THE CONTRACT IS FORMED
When you place an order, we will send you an e-mail acknowledging that
we have received your order. Please note that this does not mean that
your order has been accepted. Your order constitutes an offer to us to buy
a Product. All orders are subject to acceptance by us, and we will confirm
such acceptance to you by sending you an e-mail that confirms that the
Product has been dispatched (the “Dispatch Confirmation”). The contract
between us (“Contract”) will only be formed when we send you the
4.1 The images on our site are for illustrative purposes only and whilst
we have made every effort to ensure that they display the Products
accurately we cannot guarantee that the display of colours on your
computer or device will accurately reflect the colour of the Products.
4.2 Due to the nature of our Products, all weights, dimensions and
capacities on our site are approximate only.
4.3 Where any Products ordered by you are to be made-to-order, we will
make the Products according to the measurements supplied by you
(“Made-to-Order”). Please make sure that your measurements are
correct and accurate as we cannot accept any return of Products
which are Made-to-Order if the reason for the return is because you
supplied us with incorrect measurements.
5. CONSUMER RIGHTS
5.1 Cancellation by you
5.1.1 Under the Distance Selling Regulations perishable
Products, such as fresh food, are specifically excluded
from the Right to Cancel. You must ensure that you want
the product you order as we regret we are unable to offer
a refund simply because you change your mind. If you
believe that a perishable Product is in unsatisfactory
condition on arrival, you should contact us immediately
via the website. We select the finest quality produce and
will replace or make a refund in respect of any Product
which does not arrive in good condition or is lost in
transit. This does not affect your statutory rights.
5.1.2 For non-perishable Products, save where you have
ordered Products which are Made-to-Order, you may
cancel your contract with us at any time up to the end of
the seventh working day from the date you receive the
Products. You do not need to give us any reason for
cancelling the contract, nor will you have to pay any
penalty. Unfortunately we are not able to accept
cancellations of orders for Products which are
Made-to-Order because we make these Products to your
specific requirements (but this will not affect your rights
as a consumer in relation to any Products which are
Made-to-Order and which are faulty or not as described).
5.1.3 To cancel your contract, you must notify us in writing, or
by e-mail to email@example.com.
5.1.4 If you have received the non-perishable Products before
you cancel your contract with us, then you must
immediately send the Products back to us at your own cost and risk, and in the same condition as you received
them. Please try to use the original packaging where
possible, but in any event you must ensure that the
Products are suitably packaged to prevent any damage.
5.1.5 If you cancel your contract before you have received the
non-perishable products, but where we have already
processed the Products for delivery you must not unpack
the Products when they are received by you and you must
immediately return the Products to us at your own cost
5.1.6 You have a legal obligation to take reasonable care of the
Products while they are in your possession. If you fail to
comply with this obligation, we may have a right of action
against you for compensation.
5.1.7 Where you have notified us that you are cancelling your
contract in accordance with these Terms and Conditions,
we will recredit any sum debited to us from your credit or
debit card as soon as reasonably practicable, and in any
event within 30 days.
5.2 Cancellation by us
5.2.1 We reserve the right to cancel the contract between us if:
18.104.22.168 we have insufficient stock to deliver the Products you
22.214.171.124 we do not deliver to your area; or
126.96.36.199 one or more of the Products you ordered was listed at an
incorrect price due to a typographical error or an error in
the pricing information received by us from our suppliers.
5.2.2 If we do cancel your contract we will notify you by e-mail
and will re-credit to your account any sum deducted by us
from your debit or credit card as soon as possible but in
any event within 30 days of your order. We will not be
obliged to offer any additional compensation for
5.3 This clause 5 does not affect your statutory rights. You can obtain
information about your statutory rights from the Citizens Advice
Bureau or local Trading Standards office.
6. AVAILABILITY AND DELIVERY
6.1 All orders are subject to acceptance and availability. If any of the
items you have ordered are not in stock, we will contact you by
e-mail or phone. You will have the option either to wait until the
unavailable item is in stock or to accept a replacement of the same or greater value, or cancel the unavailable item from your order.
The remainder of your order will be processed and delivered.
6.2 Your order will be fulfilled by the delivery date set out in the
Dispatch Confirmation or, if no delivery date is specified, then within
30 days of the date of the Dispatch Confirmation, unless there are
6.3 We will deliver the Products to the address you gave us for delivery
when you placed your order.
7. RISK AND TITLE
7.1 Once the Products have been delivered to you, they will be held at
your own risk and we will not be liable for their loss or destruction.
7.2 You will only become the owner of the Products when they have
been delivered to you and we have received full payment of all
sums due in respect of such Products, including any delivery
charges. Orders supplied are not for resale.
8. PRICE AND PAYMENT
8.1 All prices are in British Pounds Sterling (£).
8.2 The price of any Products will be as quoted on our site from time to
time, except in cases of obvious error.
8.3 These prices include VAT but exclude delivery costs, which will be
added to the total amount due as set out when you place your
order, and confirmed in our Dispatch Confirmation.
8.4 Prices are liable to change at any time, but changes will not affect
orders in respect of which we have already sent you a Dispatch
8.5 Our site contains a large number of Products and it is always
possible that, despite our best efforts, some of the Products listed
on our site may be incorrectly priced. If a Product’s correct price is
higher than the price stated on our site, we will normally, at our
discretion, either contact you for instructions before dispatching the
Product, or reject your order and notify you of such rejection.
8.6 We are under no obligation to provide the Product to you at the
incorrect (lower) price, even after we have sent you a Dispatch
Confirmation, if the pricing error is obvious and unmistakeable and
could have reasonably been recognised by you as a mistake.
8.7 Orders can be paid for online through PayPal, at our website only.
PayPal is an alternative method of payment to simply purchasing
with a credit or debit card. You register your credit/debit card or
bank account details with PayPal, your details are held with them
and you shop with us as normal. Additional Terms and Conditions for
payments made using PayPal can be found online at
https://www.paypal.com/uk/webapps/mpp/buying-online. Wewill charge your credit account for payment upon receipt of your
order. We accept no liability if a delivery is delayed because you did
not give us the correct payment details. If it is not possible to obtain
full payment for the goods from your account then we can cancel
the contract and or suspend any further deliveries to you. This does
not affect any other rights we may have.
8.8 We are not responsible in any way for any loss that you may suffer
as a result of using PayPal.
9. REFUND POLICY
9.1 If the Products we deliver are not what you ordered or are damaged
or defective or the delivery is of an incorrect quantity, we shall have
no liability to you unless you notify us in writing or by e-mail to
firstname.lastname@example.org of the problem within 10 working
days of the delivery of the Products.
9.2 If you do not receive the Products ordered by you within 30 days of
the Dispatch Confirmation, we shall have no liability to you unless
you notify us in writing or by e-mail to
email@example.com of the problem within 40 days of
the Dispatch Confirmation.
9.3 If you notify a problem to us under this condition, our only
obligation will be, at your option:
9.3.1 to make good any shortage or non-delivery;
9.3.2 to replace or repair any Products that are damaged or
9.3.3 to refund to you the amount paid by you for the Products
in question in whatever way we choose.
9.4 When you return a Product to us:
9.4.1 because you have cancelled the contract between us
within the seven-day cooling-off period (see clause 5.1),
we will process the refund due to you as soon as possible
and, in any case, within 30 days of the day you have
given notice of your cancellation. In this case, we will
refund the price of the Product in full, including the cost of
sending the item to you. However, you will be responsible
for the cost of returning the item to us.
9.4.2 for any other reason, we will examine the returned
Product and will notify you of your refund via e-mail within
a reasonable period of time. We will usually process the
refund due to you as soon as possible and, in any case,
within 30 days of the day we confirmed to you via e-mail
that you were entitled to a refund for the defective
Product. Products returned by you because of a defect willbe refunded in full, including a refund of the delivery
charges for sending the item to you and the cost incurred
by you in returning the item to us.
9.5 We will usually refund any money received from you using the same
method originally used by you to pay for your purchase.
10. LIMITATION OF LIABILITY
10.1 Subject to clause 10.2, our liability to you shall be strictly limited to
the purchase price of the Product you purchased.
10.2 Nothing in these terms and conditions shall in any way limit our
liability to you:
10.2.1 for death or personal injury caused by our negligence;
10.2.2 under section 2(3) of the Consumer Protection Act 1987;
10.2.3 for fraud or fraudulent misrepresentation; or
10.2.4 for any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
10.3 Save as precluded by law, we will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss
of profits, business or goodwill) howsoever arising and we shall have
no liability to pay any money to you by way of compensation other
than to refund to you the amount paid by you for the Products in
question under clause 10.1.
11. IMPORT DUTY
11.1 You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or
other permits to purchase Products from our site. The importation or
exportation of certain of our Products to you may be prohibited by
certain national laws. We make no representation and accept no
liability in respect of the export or import of the Products you
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or
communications we send to you should be in writing. When using
our site, you accept that communication with us will be mainly
electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual
purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with
any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.13. NOTICES
13.1 All notices given by you to us must be given in writing to Wood’s
Quality Foods Ltd (trading as) Jack Wood Butchers at 30 Wellington
Street, Eastwood, Nottinghamshire, NG16 3BB or to
firstname.lastname@example.org. We may give notice to you at
either the e-mail or postal address you provide to us when placing
an order, alternatively notices may be displayed on our website
from to time
13.2 Notice will be deemed received and properly served immediately
when posted on our website, 24 hours after an e-mail is sent, or
three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent
to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on
our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a
contract, or any of your rights or obligations arising under it,
without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose
of a contract, or any of our rights or obligations arising under it, at
any time during the term of the contract.
15. EVENTS OUTSIDE OF OUR CONTROL
15.1 We shall have no liability to you for any failure to deliver Products
you have ordered or any delay in doing so or for any damage or
defect to Products delivered that is caused by any event or
circumstance beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes,
breakdown of systems or network access, flood, fire, explosion or
accident, and we will have an extension of time for performance for
the duration of that period.
16.1 If we fail, at any time during the term of a contract, to insist upon
strict performance of any of your obligations under such contract or
any of these terms and conditions, or if we fail to exercise any of the
rights or remedies to which we are entitled under the contract, this
shall not constitute a waiver of such rights or remedies and shall not
relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any
subsequent default.16.3 No waiver by us of any of these terms and conditions shall be
effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with clause 13.
17. OWNERSHIP OF RIGHTS
17.1 All rights, including copyright, trademarks and logos, in this website
are owned by or licensed to us. Any use of this website or its
contents, including copying or storing it or them in whole or part,
other than for your own personal, non-commercial use, is prohibited
without our permission. You may not modify, distribute or repost
anything on this website for any purpose.
18.1 If any part of these terms and conditions is determined by any
competent authority to be invalid, unlawful or unenforceable to any
extent, such term, condition or provision will to that extent be
severed from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted by law.
19. THIRD PARTY RIGHTS
19.1 Except for our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right under the
UK Contracts (Rights of Third Parties) Act 1999 to enforce any term
of this agreement but this does not affect any right or remedy of a
third party that exists or is available apart from that Act.
20. ENTIRE AGREEMENT
20.1 These terms and conditions, together with our current website
the whole of our agreement relating to the supply of the Products to
you by us. Nothing said by any sales person on our behalf should be
understood as a variation of these terms and conditions or as an
authorised representation about the nature or quality of any goods
offered for sale by us. Save for fraud or fraudulent
misrepresentation, we shall have no liability for any such
representation being untrue or misleading.
21.1 We have the right to revise and amend these terms and conditions
from time to time to reflect changes in market conditions affecting
our business, changes in technology, changes in payment methods,
changes in relevant laws and regulatory requirements and changes
in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force
at the time that you order Products from us, unless any change to
those policies or these terms and conditions is required to be made
by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change
to those policies or these terms and conditions before we send you
the Dispatch Confirmation (in which case we have the right to
assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within
seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
22.1 The contract between us shall be governed by and interpreted in
accordance with English law and the English courts shall have
jurisdiction to resolve any disputes between us.