Terms and conditions of trade
1.1 Welcome to www.scandikitchen.co.uk (the Website). By using the Website and/or by placing an order or requesting delivery, you accept and agree to be bound by these Terms and Conditions, the Privacy Statement and other such policies as we notify you of from time to time, which together constitute the entire agreement between us. If you do not agree to be bound by these Terms and Conditions you must immediately stop using the Website. Nothing in these Terms and Conditions affect your statutory rights, either as a consumer or otherwise.
2 PRODUCT DESCRIPTION
2.1 We will endeavour to provide you with current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We do not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete. In addition, we reserve the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person.
2.2 The advertisements on the Website are invitations to you to make offers to purchase products and services and are not offers to sell.
3 ALLERGIES AND ALCOHOL
3.1 Please note that all products may contain nut traces. Products containing alcohol are not available for sale to those under the age of 18 and by ordering any products containing alcohol, you represent to us that you are at least 18 years old.
3.2 Unless specifically advertised, Alcoholic drinks are excluded from all marketing offers.
4.1 The prices stated on the Website will be in GBP sterling and inclusive of any VAT payable. We do not accept payments in other currencies.
4.2 The price of the goods will be as quoted on the Website at the time you confirm your order subject only to any technical error for which we will not be liable.
4.3 Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
4.4 We reserve the right to update prices displayed on the Website at any point.
4.5 Weighed items bear an approximate price. We reserve the right to adjust this price downwards to reflect the actual weight of the item.
4.6 The price of the goods does not include the cost of delivery which will be charged at the amount specified on the Website.
4.7 Unless otherwise specified, bulk discounts are not applicable if a product is on sale.
5.1 You pay for the items which you order online by supplying your credit/debit card details on the secure online order form. We regret that we cannot accept cheques or cash as payment online.
5.2 When you place your order, our system automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
5.3 We use SagePay Ltd to process all payments. This means that your credit/debit card details are processed by secure systems owned by SagePay Ltd and never seen or stored by us. Should we need to issue a refund, you will be re-contacted so that we may obtain your card details.
5.4 Please note that we cannot guarantee the security of data when communicating with us via email. Accordingly please do not send us payment information using email. For details of the security measures we employ, please read our Privacy Statement. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
6 THE AGREEMENT
6.1 An order is defined as a minimum of 1 item bought.
6.2 When you place an order to purchase items using the Website, this is an offer by you to us to purchase those items. By placing an order you warrant that you are providing details which are true, accurate, current and complete and that the credit or debit card details supplied are correct and your own.
6.3 All orders placed by you are subject to acceptance by us. Acceptance will occur when we dispatch the goods to you. The acknowledgement confirmation sent in response to your order is provisional and is intended only to indicate receipt of the order. We shall notify you by email in the event that we do not accept any order and any payment will be fully refunded.
6.4 We reserve the right to reject, correct, cancel or terminate any order, including accepted orders for any reason.
7 PRODUCT AVAILABILITY
7.1 The Website is regularly updated and we aim to hold sufficient stock to meet likely orders. However, there may be occasions when items will temporarily be out of stock. Should a product be unavailable, we will advise you of that fact and of the anticipated delivery date and/or alternative products. If this is not satisfactory to you, you may cancel the order immediately.
7.2 We reserve the right to change at any time the products and services advertised or made available for sale on the Website and/or to limit quantities available for sale or sold.
7.3 Special offer items are limited to a maximum of 20 items or deals (whichever is the greater) per customer, unless otherwise explicitly noted.
8.1 We deliver to the UK mainland with an overnight service, and across the EU using UPS couriers. Deliveries will be dispatched using UPS’s overnight delivery service and will generally reach you within 1 day of receipt of your order, when placed before 14.00 Monday through to Thursday. However, we will not be held liable should delivery times exceed this time for circumstances which are out of our control.
8.2 For orders shipped used a Royal Mail delivery option will be sent with first class mail unless noted, and will be subject to Royal Mail’s normal terms and conditions for domestic post. We do not have any tracking ability of items sent with Royal Mail, nor can we accept responsibility for any loss or damages that may occur when using this option.
8.3 It is your responsibility to ensure that an appropriate person is available to receive and sign for the delivery on the day the goods arrive to the delivery address.
8.4 Orders for perishable and chilled products will be packed in insulated boxes with ice packs which maintain required temperatures for up to 48 hours.
8.5 Due to the nature of perishable and chilled products, our carriers will not return any unsigned for or undelivered deliveries. There will be no refund available for any unsigned for deliveries, therefore if you wish to have the order left unsigned for, neither we nor UPS will assume any liability.
8.6 In all instances our liability will be limited to the price of the goods not delivered, or incorrectly delivered, and the cost of delivery.
8.7 Store collections are deemed delivered the day after we have sent you a confirmation email that your order is ready to be picked up
8.8 Note that pick up in store only valid for 3 days before it will return to our warehouse in Park Royal unless we agree otherwise with you. Store collections are deemed delivered the day after we have sent you a confirmation email that your order is ready to be picked up. We will dispose of goods if not picked up after 3 months and no refunds will then be available.
8.9 Free Delivery Promotion – In the event that we offer free delivery as part of a promotion, the following terms and conditions apply; A free shipping promotion covers standard shipping to most of mainland UK. Areas not covered include outlying isles, the Scottish highlands, Northern Ireland and some additional areas. If you are in an area not covered by standard shipping, please contact us to receive your personal code for a shipping discount code for your area. Alcoholic beverages are excluded. Minimum order required as specified in the promotion. One use per customer, one time use only, not transferable. We reserve the right to remove the offer at any time. Valid within the specified time frame only. It is your own responsibility to select the free shipping option at checkout as made available by use of a promotion code. A free shipping coupon cannot be used with any other offer or coupon. We may ship orders using Royal Mail, UPS or APC. Any questions, give us a call on 020 7998 3199 or e-mail to email@example.com and we’ll be very happy to help.
8.10 Christmas Pre-Orders – We’re sorry that in most circumstances it is not possible to make changes to your order once you’ve placed it. If your order has already been dispatched from our warehouse, it can no longer be changed or cancelled. If your order is yet to be packed and dispatched, we may be able to change delivery address details, remove items from your order or cancel it completely.
9 RECEIPT OF GOODS AND RETURNS
9.1 You must inspect the goods and notify us as soon as reasonably practicable of any dissatisfaction with your order. We will refund the cost of any goods that do not meet your reasonable satisfaction. Complaints should be delivered to firstname.lastname@example.org or call us on +44 (0)20 7998 3199.
9.1.1 Store collections – you are required to inspect the goods before leaving our premises and notify us immediately of any discrepancies.
9.2 If you take delivery of a package from us and the contents have been damaged in transit, we will exchange the damaged items without charge to you, provided you return the damaged item(s) to us within 28 days of taking delivery.
9.3 If we have sent you an incorrect item, please notify us as soon as possible or within 28 days of taking delivery. Please then return the incorrect item to us at Unit A9, Park Royal Industrial Estate, Eldon Way, London NW10 7QQ, specifying the correct details in writing. We will replace or refund you for the incorrect item upon receiving the returned goods.
9.4 Until you return items to us, you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage.
9.5 If you need to return an item, please contact email@example.com and we will assist you.
10 CANCELLATION BY YOU
10.1 You may cancel your order by e-mailing us at firstname.lastname@example.org or by phoning us on +44 (0)20 3538 8784, quoting the order number specified in our order acknowledgement. In the event of cancellation made in accordance with these Terms and Conditions, a full refund will be provided.
10.2 In the event cancellation occurs after the goods have been dispatched by us, the refund will be made on receipt by us of the returned goods less any return carriage charges not paid by you. No cancellations will be accepted if made later than 8 working days after receipt of the goods by you. Please note that the right to cancellation does not apply to: (a) perishable and chilled goods; and (b) sealed items where the seal is broken.
11 CHANGES TO THE WEBSITE AND TERMS AND CONDITIONS
11.1 We reserve the right at any time to make changes to this Website, these Terms and Conditions, Privacy Statement and such other policies as we may notify you of. You will be subject to the policies and Terms and Conditions in force at the time you use and/or order items from, the Website. Changes which we are required to make by law could apply to orders which you have already made.
12 INTELLECTUAL PROPERTY
12.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to us or otherwise used by us as permitted by law.
12.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
13 NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
13.1 Links to the Website without our express written permission are strictly prohibited. To request permission to link to the Website, please send an email to us at email@example.com. We may cancel and revoke any permission which we may give to link to the Website at any time and without any notice or liability.
13.2 The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
14 YOUR INFORMATION
14.1 All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
15.1 When you place an order on the Website, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Statement.
15.2 To fulfil the obligations under these Terms and Conditions, we will communicate with you by email and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirements for communications to be in writing.
16.1 We will be responsible for any losses you suffer as a direct result of us breaching these Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract for the sale of items by us to you was formed (i.e. at the point we dispatch the goods to you). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
16.2 Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence.
16.3 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
16.4 You agree to indemnify and hold us and our employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
16.5 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
17.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this agreement and the remaining provisions will continue in full force and effect.
18 GOVERNING LAW AND DISPUTE RESOLUTION
18.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
19 CONTACT DETAILS
19.1 If you have any questions or concerns about these Terms and Conditions you may contact us at:
Unit A9, Park Royal Industrial Centre, Eldon Way, London NW10 7QQ, UK
Tel. +44 (0)20 7998 3199