Terms and Conditions: Sale of Goods

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1. INTRODUCTION

  1. Garner’s is a trading name of Baxters Food Group Limited, a company incorporated under the Companies Act with registered number SC023572 and having its registered office at Highfield House, Fochabers, Moray IV32 7LD ("we" or "us").  Garner’s supplies the goods listed on this website www.pickledonionlovers.com ("Goods") on the following terms and conditions. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
  2. You should print a copy of these terms and conditions for future reference.
  3. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.

2. APPLICATION OF TERMS
Unless otherwise agreed in writing, these conditions are the only conditions upon which we are prepared to supply the Goods to you. These Conditions shall constitute the whole agreement between us and shall govern the contract between us ("Contract") to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).

3. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the UK and mainland Europe. We do not accept orders from individuals outside the UK and mainland Europe. However, for enquiries outside the UK or mainland Europe, please contact info@garnersfoods.co.uk for further information.

4. YOUR STATUS
By placing an order through our site, you warrant that:
  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • you are resident in the UK or mainland Europe; and
  • you are accessing our site from the UK or mainland Europe.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
  1. After placing an order, there will be a page on our website that will acknowledge your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. 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 order ("Order Confirmation"). The Contract will only be formed when we send you the Order Confirmation.
  2. The Contract will relate only to those Goods we have confirmed in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the order of such Goods has been confirmed in a separate Order Confirmation.

6. CONSUMER RIGHTS
  1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in paragraph 11 below).
  2. To cancel a Contract, you must inform us in writing and return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk.
  3. The rights outlined in clauses 6.1 and 6.2, however, do not apply to the supply of food, beverages, or other goods intended for everyday consumption.
 
7. AVAILABILITY AND DELIVERY
Please allow 8 - 10 working days for your order to be delivered.

8. NON-DELIVERY
  1. The quantity of any consignment of Goods as recorded by us upon despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
  2. We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless written notice is given to us within 5 days of the date when the Goods would, in the ordinary course of events, have been received.
  3. Any liability we have for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the appropriate rate against any invoice raised for such Goods.

9. RISK AND TITLE
  1. The Goods will be at your risk from the time of delivery.
  2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.

10. PRICE AND PAYMENT
  1. The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
  2. These prices include VAT but exclude delivery costs, which will be added to the total amount due.
  3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
  4. Our Site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the correct price of the Goods is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
  5. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
  6. Payment for all Goods must be by credit or debit card. We accept payment with Visa, MasterCard or Switch. We will charge your credit or debit card as soon as we receive your order.

11. OUR REFUNDS POLICY
  1. When you return Goods to us (for instance, because you have cancelled the Contract between us in accordance with condition 6 or because you claim that the Goods are defective), we will examine the returned Goods and will notify you of any refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Goods.
  2. Goods returned by you because of a defect will be 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.
  3. Goods returned by you within the seven-day cooling-off period (see paragraph 6.1 above) will be refunded 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.
 
12. WARRANTY
Except as expressly stated in the Contract all warranties and conditions whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

13. OUR LIABILITY
We warrant to you that any Goods purchased from us through our site are of satisfactory quality.
  1. Neither party excludes or limits its liability to the other party for death or personal injury caused by any negligent act or omission, or wilful misconduct or breach of duty of such party.
  2. We shall, in no circumstances, be liable to you in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
                      i.        indirect or consequential loss or damage;
                     ii.        loss of business profits, salary, business revenue, goodwill, or anticipated savings; or
                    iii.        loss which could have been avoided by you through reasonable conduct.
  1. In the event that, notwithstanding any of these Conditions, we are found liable to you, such liability for actual damages for any cause whatsoever shall be limited to the price paid by you to us in relation to provision of the Goods.

14. TERMINATION
  1. We may terminate the Contract with immediate written notice if you fail to pay the price in accordance with condition 10.
  2. Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Goods provided up until the date of termination.

15. IMPORT DUTY
  1. If you order Goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
  2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

16. WRITTEN COMMUNICATIONS
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.

17. NOTICES
All notices given by you to us must be given to Garner’s at Halifax Way, Earls Colne Bus. Park, Earls Colne, Colchester, Essex, CO6 2NS or via the email address info@garnersfoods.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. 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.
 
18. ASSIGNATION
  1. We may at any time assign the Contract or any of our rights or obligations under it.
  2. You shall not, and shall not purport to assign or otherwise transfer the Contract or any rights or obligations under it without our prior written consent.

19. EVENTS OUTSIDE OUR CONTROL / FORCE MAJEURE
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
  2. We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in carrying on our business by acts, events, omissions or accidents beyond our reasonable control including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for 30 days, you shall be entitled to give notice in writing to us to terminate the Contract
  3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20. WAIVER
The failure of either party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

21. SEVERABILITY
If and in so far as any part or provision of these Conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Contract and the remaining provisions of the Contract shall continue in full force and effect.

22. ENTIRE AGREEMENT
  1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

23. VARIATION
  1. We have the right to revise and amend these terms and conditions from time to time.
  2. You will be subject to the policies and terms and conditions in force at the time that you order Goods 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 Order 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 Goods).
 
24. GOVERNING LAW
The Contract shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.