- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Dewlay Cheesemakers, a company registered in England and Wales. Our company registration number is 681381 and our registered office is at Garstang Bypass Road, Garstang, Preston, Lancashire, PR3 0PR. Our registered VAT number is 153804571.
2.2 How to contact us. You can contact us by telephoning us on 01995 602 335, emailing us on email@example.com by writing to us at Dewlay Cheesemakers, Garstang Bypass Road, Garstang, Preston, Lancashire, PR3 0PR. Alternatively, please speak to one of our staff in-store.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- OUR CONTRACT WITH YOU
3.1 How will we accept your order? Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources, which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Your rights to make changes. If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
4.1 Information that we will need from you. We need certain information from you so that we can supply the products to you, for example, your correct and current delivery address, your name and email address and details of the product you wish to purchase, together with payment information.
4.2 Inaccurate information. Please ensure that you enter all details carefully and accurately. If you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.3 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
4.4 Payment details. We will not store your payment details. These are processed by Payment Sense through their payment gateway and are encrypted. Please see their privacy and security policies at www.paymentsense.co.uk.
4.5 We don’t share your information. We will only give your personal information to third parties where the law requires us to do so, or as is necessary to process your payment and organise for delivery and/or collection of the products.
- OUR PRODUCTS
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, given the nature of our products, all sizes, weights, dimensions and measurements indicated on our website are approximate.
5.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
- PROVIDING THE PRODUCTS6.2 Delivery costs. The costs of delivery will be as displayed to you on our website prior to you placing your order.
6.3 When we will provide the products. We will deliver your order to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.6.7 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect the products from our premises.
6.8 When you own products. You own a product once we have received payment in full.
6.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to update or alter the product or if its packaging and/or labelling to reflect changes in relevant laws and regulatory requirements.
6.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- YOUR RIGHTS TO END THE CONTRACT
7.1 You can end your contract with us in the circumstances below. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If you want to cancel your order because of something we have done or have told you we are going to do, see clause 8;
(b) If you have just changed your mind about the product, see clause 9. If the product we have supplied is not a perishable product (for example, cheese), you may be able to get a refund if you are within the relevant cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
(c) If what you have bought is faulty or wrongfully described, you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 10;
7.2 Ending the contract in other circumstances. We may agree to end the contract even if the above circumstances do not apply, but shall be under no obligation to do so. Please contact us should you wish to end the contract in any other circumstances.
- CANCELLING YOUR ORDER BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO
8.1 If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming substantial (and not minor) change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products, or notify you we are going to suspend them, in each case for a period of more than two weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.2 Contacting us to cancel. If any of the above circumstances apply, and you wish to cancel your order, please contact us as soon as possible.
- YOUR RIGHT TO CHANGE YOUR MIND
9.1 Cancellation without reason. For certain products bought online you have a legal right to change your mind within 14 days from delivery and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) meat products and other perishable products including cheese which are liable to deteriorate or expire rapidly;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any products which become mixed inseparably with other items after their delivery.
Please note that the majority of our products are such that there is no cancellation right under the Consumer Contracts Regulations 2013, and so this right may only be exercised in limited circumstances.
9.3 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought products that do not fall within any of the exemptions listed in clause 7.4, you have 14 days after the day the products are delivered, unless:
(a) Your products are split into several deliveries over different days. In this case you have until 14 days after the day of the last delivery to change your mind about the products.
(b) Your products are for regular delivery over a set period (for example 4 weeks). In this case you have until 14 days after the day of the first delivery of the products.
9.4 Cancelling your order and returning the products. Please contact us as soon as possible should the cooling off right apply and you wish to cancel your order. We will then arrange the return of products with you as set out below.
- ENDING THE CONTRACT WHERE WE ARE AT FAULT
10.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
• up to 30 days: if your item is faulty, then you can get a refund;
• up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and
• up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
10.2 Cancelling your order and returning the products. Please contact us as soon as possible if we have supplied products that do not conform with the contract, please contact us as soon as possible. We may require you to return the products to ourselves.
- HOW TO END THE CONTRACT WITH US
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call the Cheese Shop on 01995 602335 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the Contact Us section on our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- RETURNING PRODUCTS
12.1 Returning products. If you end the contract for any reason after products have been dispatched to you or you have received them, then unless we agree otherwise with you, you must return them to us. You must either return the products in person to where you bought them, post them back to us at Garstang Bypass Rd, Garstang, Preston, Lancashire, PR3 0PR. Please call Cheese Shop on 01995 602335 or email us at email@example.com. for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
12.2 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or wrongfully described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
12.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, as per our website.
12.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
12.5 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
12.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 12.1.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- OUR RIGHTS TO END THE CONTRACT
13.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example confirmation of delivery details;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- PRICE AND PAYMENT
14.1 Where to find the price for the product? The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products correct price at your order date is higher than the price stated when you ordered, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any products provided to you.
14.4 When you must pay and how you must pay. We accept payment by Payment Sense. You must pay for the products before we dispatch them.
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.6 What to do if you think we have incorrectly charged you. If you think we have incorrectly charged you please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
16.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.7 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.