These Terms and Conditions (updated January 2020) apply to the contract for the supply of goods sold by Italian Gourmet UK Ltd, a company registered in England with company number 311196043 and whose registered office is at London, Covent Garden, 71-75 Shelton Street, WC2H 9JQ (‘We,’ ‘us’, ‘our’, ‘Creed’), to the exclusion of any other terms that the customer (‘you’, ‘your’) seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 1. Orders
1.1. The Order constitutes an offer by you to purchase the Goods from us in accordance with these Terms and Conditions.
1.2. Orders are accepted subject to availability of the Goods from the manufacturer or importer.
1.3. The Order shall be deemed accepted on our doing any act consistent with fulfilling the Order, at which point the Contract shall come into existence. 2. Delivery
2.1. We aim to dispatch your order within 72 hours of receipt and it should be with you within 2 to 10 working days of dispatch (Most European destinations 4 to 6 working days, non-European countries 6 to 10 working days approximately). UK weekends and Bank holidays are not classed as working days. Because we use a third-party delivery service, these times are estimates and not guarantees. However, please let us know if you do not receive your order in good time and we will look into the matter. Delivery times may be longer for certain products.
2.2. Where a product is out of stock we will offer you a refund.
All descriptions, product images and weights are those of the original manufacture and are intended to give a general description of the goods. The weight to be shipped includes the weight of packaging for the goods.
2.3. We shall ensure that the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition;
2.4. We shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after we notify you that the Goods are ready.
2.5. Delivery of the Goods shall be completed on the unloading the Goods at the Delivery Location or the Goods being placed in your possession and control.
2.6. The number of packages delivered should be checked by you in the presence of the driver. Claims for shortages, loss, damages or short deliveries should be made at the time of delivery but, in any event, claims must be made to our registered office or at email within 24 hours of delivery for investigation.
2.7. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by an event outside our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 3. Product Durability
Food products as defined under the Food Labelling Regulations with a life from manufacture of twelve months or less must show a ‘best-before’ or a ‘use-by’ date. We endeavour to ensure that all dated stock has an optimum remaining life when we sell to you. You are advised to check the durability dates upon receipt and any returned products relating to date coding are accepted solely at our discretion. 4. Our Alcoholic beverages policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages.
In such jurisdictions, if you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. You also agree that our Delivery Partners may withhold delivery of the alcoholic beverages if you appear or the recipient of the delivery appears intoxicated when receiving delivery of such products. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you may forfeit the cost of such beverages. 5. Risk and Title
5.1. The risk in the Goods shall pass to you on completion of delivery.
5.2. Title (ownership) to the Goods shall not pass to you until we receive payment in full for the Goods and all delivery charges. 6. Price and Payment
6.1. All items from our web site are offered subject to availability. Prices are fixed on the day of when the goods are ordered. VAT will be charged at the appropriate rate on Goods where applicable, for which you will be additionally liable to pay.
6.2. All prices quoted reflect duties and levies currently in force.
6.3. We may invoice you for the Goods on or at any time after the completion of delivery.
6.4. Payment shall be made to PayPal or the bank account nominated.
6.5. 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 Confirmation.
6.6. If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. If the pricing error is unmistakeable, we are under no obligation to provide the product to you at the incorrect (lower) price.
6.7. When purchasing chocolate or confectionery destined for countries with hot climates, this is done at your own risk. Ambient orders including chocolate and confectionery are send via courier or postal services and are not sent in chilled packaging. 7. Import duty and customs
7.1. If you order Products 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.
7.2. 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. 8. Quality
8.1. We warrant that all Goods we offer for sale are of the nature, substance and quality described and comply with all statutory requirements from time to time in force relating to the sale of food.
8.2. Subject to clause 8.1, if:
a) you give us notice in writing within 24 hours of completion of delivery that some or all of the Goods do not comply with the warranty set out in clause 8.1, and
b) we are given a reasonable opportunity of examining such Goods; and
c) you (if we ask you to do so) return such Goods to our place of business at your cost, we shall, at our option, replace the defective Goods, or refund the price of the defective Goods in full.
8.3. We shall not be liable for the Goods’ failure to comply with the warranty set out in clause 8.1 if:
a) you make any further use of such Goods after giving a notice in accordance with clause 8.2 (a); or
b) the defect arises because you failed to follow our oral or written instructions as to the storage of the Goods or (if there are none) good practice.
8.4. Except as provided in this clause 8, we shall have no liability to you in respect of the Goods’ failure to comply with clause 8.1.
8.5 The terms of these Terms and Conditions shall apply to any replacement Goods supplied by the Supplier under clause 8.2. 9. Product Recall
9.1. If you are the subject of a request, court order or other directive of a governmental or regulatory authority to withdraw any Goods from the market (Recall Notice) you shall immediately notify us in writing enclosing a copy of the Recall Notice.
9.2. Unless required by law, you may not undertake any recall or withdrawal without our written permission and only then in strict compliance with our instructions about the process of implementing the withdrawal. 10. Limitation of Liability
10.1. Every effort has been made to ensure the accuracy of the contents of product lists, but occasionally errors may occur. Any information which we do supply, we will provide to the best of our ability, but we do not warrant against the possibility of human error and machine errors and cannot accept any responsibility for any errors or omissions or for the results obtained. Should specific characteristics of our products be of particular importance to you, please write email at email@example.com for full details.
10.2. We do not accept liability for any failure to perform or delay in performance caused by events outside of our reasonable control (including, but not limited to, strikes, trade disputes, accident, breakdowns, shortages affecting us or our usual sources of supply or means of delivery of the product).
10.3. Nothing in this agreement excludes or limits our liability for personal injury or death arising from our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12 of the Sale of Goods Act 1979, or defective products under the Consumer Protection Act 1987, and for all other matters for which it is unlawful for us to limit or exclude our liability under English law.
10.4. Subject to clause 10.3,
a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
i loss of profit;
ii loss of goodwill;
iii loss of business or business opportunity; or
iv any indirect or consequential loss arising under or in connection with the Contract; and
b) our total liability to you in respect of all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Goods. 11. General Provisions
11.1. Assignment and subcontracting.
a) We may at any time assign, transfer, charge, subcontract or deal in any other manner with any or all of our rights or obligations.
b) You may not assign, transfer, charge, subcontract or deal in any other manner with any or all of your rights or obligations without our prior written consent.
a) Any notice or other communication given to a party under or in connection shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post, recorded delivery, commercial courier or fax.
b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2(a); if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one business day after transmission.
c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
a) If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Conditions shall not be affected.
b) If any invalid, unenforceable or illegal provision of these Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.4. Entire agreement.
a) These Terms and Conditions (together with any documents referred to in it) constitutes the entire agreement between us and you supersede and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to their subject matter.
b) Each party acknowledges that in entering into this agreement (and any documents referred to in it), it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or those documents. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any representation, warranty or other statement in this agreement.
11.5. Variation. Except as set out in these Terms and Conditions, any variation to these Terms and Conditions, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by us.
11.6 Governing law and jurisdiction. The Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. Website Agreement Between User And Italian Gourmet UK Ltd
The Italian Gourmet UK Ltd Web Site comprises various Web pages operated by Italian Gourmet UK Ltd.
Italian Gourmet UK Ltd reserves the right to change the terms, conditions, and notices under which the Italian Gourmet UK Ltd Web Site is offered, including but not limited to the charges associated with the use of the Italian Gourmet UK Ltd Web Site. Links to third party sites
The Italian Gourmet UK Ltd Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Italian Gourmet UK Ltd and Italian Gourmet UK Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Italian Gourmet UK Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. Italian Gourmet UK Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Italian Gourmet UK Ltd of the site or any association with its operators. Consumer rights
If you are contracting as a consumer, you may cancel a contract at any time within 14 calendar days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause below).
To cancel a contract, you must inform us in writing or by sending an email to firstname.lastname@example.org You must return the Product(s) to us as soon as possible at the Customer Service Address above in an unused, undamaged condition. You are responsible for paying the cost of returning the Product(s).
Please note that 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.
Except where a Product is defective, you may not cancel a contract for the supply of any of the following:
a) Products produced or altered to your own specification;
b) Perishable goods, including fresh foods or plants; Our refunds policy
When you return a Product to us:
because you have cancelled the contract between us within the 14-day cooling-off period (see clause above), we will process the refund due to you as soon as possible and, in any case, within 14 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;
because the Product is defective, we will examine the returned Product and replace it or provide a refund. Products 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.
When breakages occur during delivery, we require photographic evidence from you to demonstate that the product is indeed broken. If we are satisfied that the product has been broken, and that the damage has been caused in transit, we will refund the price of the product in full.
We will usually refund any money to the card used to pay for your purchase.
When a product is past it’s sell by date, we require photographic evidence from you to demonstrate that this is the case. If we are satisfied that we have supplied an out of date product we will refund the price of the product in full.
Claims for refunds must be made within 25 days of dispatch for DHL, ParcelForce, Yodel, Correos or Colis Privé deliveries, and within 8 weeks for untracked small packet deliveries. No Unlawful or prohibited use
As a condition of your use of the Italian Gourmet UK Ltd Web Site, you warrant to Italian Gourmet UK Ltd that you will not use the Italian Gourmet UK Ltd Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Italian Gourmet UK Ltd Web Site in any manner which could damage, disable, overburden, or impair the Italian Gourmet UK Ltd Web Site or interfere with any other party’s use and enjoyment of the Italian Gourmet UK Ltd Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Italian Gourmet UK Ltd Web Sites. Use of communication services
The Italian Gourmet UK Ltd Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
Italian Gourmet UK Ltd has no obligation to monitor the Communication Services. However, Italian Gourmet UK Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Italian Gourmet UK Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Italian Gourmet UK Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Italian Gourmet UK Ltd’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Italian Gourmet UK Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, Italian Gourmet UK Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Italian Gourmet UK Ltd spokespersons, and their views do not necessarily reflect those of Italian Gourmet UK Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. Materials provided to Italian Gourmet UK Ltd or posted at any Italian Gourmet UK Ltd web site.
Italian Gourmet UK Ltd does not claim ownership of the materials you provide to Italian Gourmet UK Ltd (including feedback and suggestions) or post, upload, input or submit to any Italian Gourmet UK Ltd Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Italian Gourmet UK Ltd, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Italian Gourmet UK Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Italian Gourmet UK Ltd’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Liability Disclaimer
The information, software, products, and services included in or available through the Italian Gourmet UK Ltd web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Italian Gourmet UK Ltd and/or its suppliers may make improvements and/or changes in the Italian Gourmet UK Ltd web site at any time. Advice received via the Italian Gourmet UK Ltd web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Italian Gourmet UK Ltd and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Italian Gourmet UK Ltd web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Italian Gourmet UK Ltd and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Italian Gourmet UK Ltd and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Italian Gourmet UK Ltd web site, with the delay or inability to use the Italian Gourmet UK Ltd web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Italian Gourmet UK Ltd web site, or otherwise arising out of the use of the Italian Gourmet UK Ltd web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Italian Gourmet UK Ltd or any of its suppliers has been advised of the possibility of damages.
Service contact : email@example.com Termination / Access Restriction
Italian Gourmet UK Ltd reserves the right, in its sole discretion, to terminate your access to the Italian Gourmet UK Ltd Web Site and the related services or any portion thereof at any time, without notice. Use of the Italian Gourmet UK Ltd Web Site is unauthorized in any area that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Italian Gourmet UK Ltd as a result of this agreement or use of the Italian Gourmet UK Ltd Web Site. Italian Gourmet UK Ltd’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Italian Gourmet UK Ltd’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Italian Gourmet UK Ltd Web Site or information provided to or gathered by Italian Gourmet UK Ltd with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Italian Gourmet UK Ltd with respect to the Italian Gourmet UK Ltd Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Italian Gourmet UK Ltd with respect to the Italian Gourmet UK Ltd Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. Copyright and trademark notices:
All contents of the Italian Gourmet UK Ltd Web Site are: Copyright by Italian Gourmet UK Ltd and/or its suppliers. All rights reserved. Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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