Terms & conditions of sale
1. INFORMATION ABOUT OUR TERMS AND CONDITIONS OF SALE
- These terms and conditions of sale (Terms of Sale) set out the terms and conditions which apply to our, Snowdonia Cheese Company Limited (us, we and our), sale of products to you.
- Please read these Terms of Sale carefully before you place an order for products from our website as they affect your rights and liabilities under law and 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.
- We would especially like to draw your attention to the following Sections:
- Section 3 (Our rights to make changes) which sets out our rights to make changes to these Terms of Sale and the products;
- Section 8 (Your rights to end the contract) and Section 9 (Our rights to end the contract) which set when the contract can be ended by us or you;
- Section 11 (Faulty, damaged or incorrect products) which sets out your rights if a product received is faulty, damaged or incorrect; and
- Section 10 (Our responsibility for loss or damage suffered by you) which sets out our responsibility to you for loss suffered in connection with our sale to you.
These Terms of Sale are only available in English
- The only language in which we provide these Terms of Sale is English.
Please download or print a copy of these Terms of Sale for your future reference
- We will not file a copy of these Terms of Sale specifically in relation to your order. We may update the version of these Terms of Sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms of Sale for your records.
2. WHO WE ARE AND HOW TO CONTACT US
- We are Snowdonia Cheese Company Limited, a limited company registered in England and Wales under company number 4171512. Our registered office and trading address is at Unit 14, Cefndy Road Employment Park, Rhyl, LL18 2HJ. Our VAT number is 771 3513 39.
- To contact us, please email email@example.com or call our customer service line on 01745 360 246.
- 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 provide to us in your order.
3. OUR RIGHT TO MAKE CHANGES
We may make changes to the products
- We have the right to make minor changes to the products without notifying you in order to:
- conform with any applicable safety or other legal or regulatory requirements; or
- implement minor technical adjustments and improvements. These changes will not affect your use of the products.
- We may also make reasonable changes to the products but if we do so we will notify you and you will have the right to contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
We may make changes to these Terms of Sale
- We may update these Terms of Sale from time to time, but such updates will not affect the terms of any contracts which we have already entered into with you.
4. OUR CONTRACT WITH YOU
Eligibility for placing an order with us
- In order to place an order for products with us, you confirm that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms of Sale;
- you are aged 18 years or older;
- you are a consumer (i.e. you are buying the products for private use and not for business use); and
- the information provided in your order is accurate and complete.
How to place an order with us
- The advertising of products on our website constitutes an “invitation to treat” and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order (see Section 5 below).
- In order to enter into a contract to purchase products from us, you will need to take the following steps:
- you must add any of the products you wish to purchase to your shopping cart, and then proceed to the checkout;
- you must enter your details, check and confirm your order, and accept these Terms of Sale. Please use this opportunity to carefully check the contents of your basket and your details like your delivery address as you will not be able to change these once the order has been placed;
- you will be transferred to the payment website and they will handle your payment;
- we will then send you an order confirmation (Order Confirmation) or let you know that we are unable to meet your order.
- Please ensure that you checked your order carefully before submitting your order to us as we cannot accept any changes to your order once it has been submitted. If you are unsure or have any questions about the order process then please contact us via the details provided at Section 2 (Who we are and how to contact us).
How we accept your order
- Our acceptance of your order will take place when we email you the Order Confirmation (see Section 3 above for more information about this). It is at this point that a legally binding contract between you and us will come into existence.
What happens if we cannot accept your order
- If, for any reason, we are unable to accept or cannot fulfil your order, we will inform you of this and will not charge you for the products. If we have taken payment, we will refund you as soon as possible (and in any event, within 14 days).
We only sell to the UK
- Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders for delivery to addresses outside of mainland UK although we can accept orders for delivery to addresses in the UK from payment cards registered outside of the UK.
5. OUR PRODUCTS
- All our products are listed on the webpage titled “Our Shop”.
Products may vary from their pictures
- Images of products on our website are for illustrative purposes and while we have made every effort to ensure that the products conform to the photographs and descriptions provided on our website, certain colours may look different to the actual colour of the products when displayed on an electronic device.
Availability of products
- We make every effort to ensure products are available however sometimes particular products may be unavailable (e.g. because of high demand for that particular product or delay in supply). If the product is unavailable then we will inform you (see Section 6 (What happens if we cannot accept your order) for more information about this).
6. PRICE AND PAYMENT
Prices and other charges
- Prices for products are quoted on our website. Prices for products may change from time to time but changes will not affect any orders which we have already accepted (see Section 5 (How we accept your order) for more information about this).
- In addition to the price of the products, you will have to pay a delivery charge. Delivery options and any related charges will be presented to you as part of the order process.
- All prices including delivery charges on our website include all value added taxes (where applicable).
What happens if we get the price wrong?
- We have made every reasonable effort to ensure that the prices we show are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
- Prices will be checked when processing your order however despite our best efforts, products we sell may be incorrectly priced. If there is an obvious pricing error which could have reasonably been recognised by you as mispricing, we will be under no obligation to provide the products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation and we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
When and how you pay
- Payment must be made at the time of your order and you will be prompted to pay during the order process.
- Payment for all products must be made by an online payment. These are set out as part of the order process. If special assistance is required, please call our customer service line on 01745 360246.
- We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Where and who we deliver to
- We will arrange for the products to be delivered to the address for delivery indicated in your order.
- All orders containing alcohol must be signed for on delivery by an adult aged 18 years or older so please ensure you or a responsible adult on your behalf is available. We operate a ‘Challenge 25’ policy so please be prepared that we may also ask for proof of identification.
- If an adult aged 18 years or older is unable to sign for an order containing alcohol and/or provide proof of identification on delivery then we will retain your order and may charge you for re-delivery.
We don’t deliver to some places in the UK
- We will only deliver products to UK mainland addresses, which excludes Northern Ireland, Isle of Man and various Scottish postcodes. For a bespoke delivery quote for these areas, please email us: firstname.lastname@example.org. Unfortunately, we are unable to deliver to the Channel Islands.
- Please contact us via the details provided at Section 2 (Who we are and how to contact us) if you wish to enquire about delivery to addresses outside of mainland UK.
When we will deliver the products
- Information about when we will deliver the products to you will be set out at the checkout page. All products will normally be dispatched within 5 working days of the date of our Order Confirmation and in any event within 30 days after the date of our Order Confirmation.
- If your order has not arrived by the estimated delivery date then please contact us via the details set out in Section 2 (Who we are and how to contact us) above so we can investigate.
What happens if we fail to deliver the products in time
- In the unlikely event that we fail to deliver the products within 30 days of our Order Confirmation, you may end the contract if:
- failure to deliver was caused by us refusing to deliver your products;
- in light of all relevant circumstances, delivery within that time period was essential; or
- you told us when ordering the products that delivery within that time period was essential.
- If you do not wish to cancel under Section 8, or none of the circumstances described in Section 7.8 apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may end the contract.
- You may cancel all or part of your order under Sections 8 or 7.9 provided that separating the products in your order would not significantly reduce their value. Any sums that you have already paid for cancelled products and their delivery will be refunded to you within 14 days. Please note that if any cancelled products are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled products.
When does delivery take place?
- Delivery will be deemed to have taken place when the products have been delivered to the delivery address indicated in your order.
Who is responsible for the products during delivery?
- The responsibility (sometimes referred to as the ‘risk’) for the products will remain with us until delivery is completed in accordance with Section 11 above. After this, responsibility will pass to you.
When do you own the products?
- You own the products only once we have received payment in full of all sums due (including any delivery charges).
8. YOUR RIGHTS TO END THE CONTRACT
- 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. To help, we have set out below the circumstances where you can end the contract:
- if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Section 11 (Faulty, damaged or incorrect products);
- if you want to end the contract because of something we have done or have told you we are going to do, see Section 2 below; or
- if you have just changed your mind about the product, you may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods, see Sections 3 and 8.4.
Ending the contract because of something we have done or are going to do
- If you are ending a contract for a reason set out 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:
- we have told you about an upcoming change to the product (see Section 2 (We may make changes to our products));
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside of our control (see Section 13 (Events outside of our control)); or
- you have a legal right to end the contract because of something we have done wrong including because we have not delivered the products in time (see Sections 8 and 7.9 (What happens if we fail to deliver the goods in time?).
Your right to change your mind and return products
- You may cancel a contract to purchase a product or products at any time within 14 days after the day you received the relevant products unless the product is of the type described in Section 4 below.
There are circumstances where you may lose your right to cancel and return the products
- You will lose your right to cancel and return the products if:
- the products you bought are of a nature that is liable to deteriorate or expire rapidly, such as products which are to be kept refrigerated like our cheeses; or
- you have mixed the products inseparably with another item after delivery.
How to cancel and return the products
- If you cancel a contract, you must inform us in writing by contacting us via the details provided at Section 2 (Who we are and how to contact us) or completing our cancellation form.
- You must return the products to us within 14 days, in the same condition in which you received them.
- If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
Who is responsible for paying for the costs of return
- You will be responsible for paying the cost of returning the product to us unless the products are faulty or misdescribed (see section 11 (Faulty, damaged or incorrect products)) or you are ending the contract because of something we have done (see section 2).
Your right to a refund
- Products returned by you in accordance with this Section 8 will be refunded in full (including the cost of sending the products to you).
- If you cancel a contract and are entitled to a refund, we will refund any money received from you using the same method originally used by you to pay for your purchase.
- We will process the refund due to you as soon as possible and, in any event, within 14 days of the day we receive your product back to us or the day on which you provide us with evidence that you have sent the product back to us.
Deductions from your refund if you have changed your mind
- Refunds may be reduced for any diminished value in the products resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the products and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the products have been handled excessively.
- 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.
9. OUR RIGHTS TO END THE CONTRACT
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:
- 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; or
- you do not, within a reasonable time, allow us to deliver the products to you.
You must compensate us if you break the contract
- If we end the contract in the situations set out in Section 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.
We may withdraw the product
- We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as we are reasonably able to of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
- 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 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.
- 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, interruption to business or for any loss of business opportunity whatsoever.
- Nothing in these Terms of Sale seeks to exclude or limit any of your rights as a consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
11. FAULTY, DAMAGED OR INCORRECT PRODUCTS
Your rights in respect of faulty, damaged or incorrect products
- By law, we must provide products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect or incorrectly priced products, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:
- beginning on the day that you receive the products you have a 30 day right to reject the products and to receive a full refund if they do not conform as stated above;
- if you do not wish to reject the products, or if the 30 day rejection period has expired, you may request that the products be replaced or repaired. We will bear any associated costs and will provide the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible, we may instead offer you a full refund; or
- if, after repair or replacement, the products still do not conform (or if we have failed to act within a reasonable time or with significant inconvenience to you), you have the right either to keep the products at a reduced price, or reject them in exchange for a refund.
- Please note if you exercise the final right to reject the products (as described in Section 1 above) more than 6 months after you have received the products, we may reduce any refund to reflect the use that you have had out of the products.
- Please note that you will not be eligible to claim under this Section 11 if:
- we informed you of the fault(s), damage or other problems with the products before you purchased them (and it is because of the same issue that you now wish to return them);
- you have purchased the products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the products for that purpose; or
- if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
- Please also note that rights set out in this Section 11 do not allow you to return the products merely because you have changed your mind. Please instead refer to Sections 3 and 8.4 (Your right to change your mind and return the products).
- Nothing in these Terms of Sale will affect your legal rights.
How to return products to us
- To return products to us for any reason under this Section 11, please contact us to arrange the return at the contact details set out in Section 2 (Who we are and how to contact us). We will be fully responsible for the costs of returning products under this Section 11 and will reimburse you where appropriate.
- Refunds under this Section 11 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
- Any and all refunds issued under this Section 11 will include all delivery costs paid by you when the products were originally purchased and will be made using the same payment method that you used when ordering the products, unless you specifically request that we use a different method.
12. OUR OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
These Terms of Sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
13. EVENTS OUTSIDE OF OUR CONTROL
- We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, disasters, subsidence, civil riots, acts of terrorism or war, governmental action or regulations, pandemic, other natural disaster, unavailability of raw materials, components or products, or any other event that is beyond our control.
- If we are delayed or fail to perform our obligations as a result of an event outside of 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. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any products you have paid for but have not received.
14. HOW WE USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
What happens if a term becomes illegal or unenforceable
- If any provision (or part of any provision) of these Terms of Sale is or becomes illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such illegal, invalid or unenforceable provisions or portion thereof will be deemed deleted.
Any delay by us in enforcing our rights will not prevent us from enforcing rights at a later date
- No waiver of any provision of these Terms of Sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms of Sale.
We may transfer these Terms of Sale to someone else
- We may transfer our obligations and rights under these Terms of Sale to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may only transfer these Terms of Sale if we agree
- You may only transfer your obligations and rights under these Terms of Sale if we agree in writing.
Nobody else has rights under these Terms of Sale
- These Terms of Sale are between you and us. No other person will be entitled to enforce any provision of these Terms of Sale.
What country’s laws apply to any dispute and where can you bring proceedings?
- These Terms of Sale, their subject matter and their formation, are governed by English law. You and us both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.