Terms and Conditions

Terms and Conditions at www.godfreys.co


1.     DEFINITIONS
1.1.  "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2.  "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3.  "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4.  "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5.  "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6.  "Supplier" means Frank Godfrey Limited, owner and operator of www.godfreys.co;
1.7.  "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8.  Website" means www.godfreys.co
2.     CONDITIONS
2.1.  Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2.  These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3.  Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4.  Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5.  Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6.  Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3.     USE
3.1.  All goods supplied within are for personal and non-commercial use. They may not be re-sold. All commercial purchases must be negotiated and agreed upon in advance.
3.2.  Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
3.3.  If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
3.4.  You must be 18 years of age to register an account with this website. You must supply us with correct information on registration and promptly notify us of any changes.
3.5.  Use of this site is subject to these terms and conditions
3.6.  We reserve the right to deny use of the website to anyone
3.7.  All use subject to being over 18? Certainly all purchases
4.     CONTENT AND INFORMATION
4.1.  Frank Godfrey Limited reserves all Copyright in photographs and print provided throughout the website www.godfrey.co, and otherwise as produced.
4.2.  Any infringement of copyright, whether by the replication of photographs or the repetition and/or plagiarism of print, without written permission, will not be tolerated and Frank Godfrey Limited reserves the right to raise legal proceedings to protect its commercial interests.
4.3.  We do not guarantee the accuracy of all information on the Website, and take no responsibility for any inaccuracies.
4.4.  We will attempt to correct any inaccuracies as soon as errors are brought to our attention.
4.5.  We have no control over other links and are not responsible for the availability of any goods/ services, or content supplied therein.
4.6.  Logos belonging to facebook, etc. Belong to their relevant corporations
4.7.  You may not link to this website or include this website in part or in whole within another external website without prior written permission.
4.8.  We take no responsibility for anything that goes wrong with cooking due to following our cooking advice or recipes. They are meant merely as advice.
5.     ORDERING
5.1.  All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
5.2.  Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
5.3.  Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
5.4.  Check your order carefully before proceeding – we are not responsible for any errors. You agree to supply us with correct information, including delivery address, and notify us with any changes.
5.5.  Acknowledge you are over 18
5.6.  Must have permission to use payment method – your own card e.g.
6.     PRICE AND PAYMENT
6.1.  The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT, unless otherwise stated. The shown price excludes delivery charges. All prices are in British Pound Sterling GBP £.
6.2.  The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
6.3.  After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
6.4.  Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering. OR payment is only taken at the point of dispatch
6.5.  Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
6.6.  Delivery charges are additional, and added after.
7.     DISCOUNTS AND SPECIAL OFFERS
7.1.  Reserve the right to cancel all offers and deny etc.
8.     CHANGES TO ORDER
8.1.  Cancellation etc.
9.     RIGHTS OF SUPPLIER     
9.1.  We reserve the right not to accept your order for any reason, and no need to contact in advance.
9.2.  We reserve the right to change the price of goods at anytime with no prior notice. However, once purchased we will not change the price.
9.3.  The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
9.4.  The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
9.5.  The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
9.6.  The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
10.  DATA PROTECTION
10.1.               All personal data is subject to our privacy policy. [link]
11.  PERFORMANCE OF SERVICES
11.1.               The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
12.  DELIVERY
12.1.               Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
12.2.               The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
12.3.               Any changes to deliver time/ date we will contact you asap
12.4.               Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
12.5.               Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
12.6.               Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
12.7.               You may be asked for ID or proof of purchase...? You may appoint a third party to accept the item in your place
12.8.               If any goods are damaged or missing you must notify us immediately.
12.9.               Responsibility of damage or loss is passed to you if delivery is attempted, but you are not present to receive your order, wrongfully refuse delivery, or if an incorrect address is supplied.
12.10.            In the event of couriers suspending guaranteed next day delivery due to extreme weather conditions:
12.10.1.                 We reserve the right to cancel orders containing perishable items if we do not think the delivery will be fulfilled within 48 hours
12.10.2.                 We will not refund delivery charges when deliveries are delayed.
12.10.3.                 Packaging guarantees maintains a controlled temperature for at least 48 hours. We will not refund for perishable items delivered within 48 hours of dispatch
12.10.4.                 We will offer refunds for perishable goods delivered after 48 hours when a claim for defective goods is submitted and accepted
13.  UNAVAILABILITY AND SUBSTITUTIONS
13.1.               We cannot be held responsible if any goods are unavailable due to circumstances beyond our reasonable control. If so, you will be notified as soon as possible and offered alternatives if available.
13.2.               We will only substitute items at our own discretion if you give us this permission when completing your order. If this option is not selected then you will be informed of any substitutions required via phone but only if you have selected this option when completing you order. If we cannot reach you by phone, or you do not request to be contacted by phone or if you have not given your consent for us to substitute missing items at our own discretion then these items will not be replaced
13.3.               If you give us your permission to substitute missing items at our own discretion then items sent in substitution that you do not want can only be returned if they are not perishable and must be done so at your own expense before a refund is given
14.  CANCELLATION AND RETURN
14.1.               The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
14.2.               Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.
14.3.               Goods to be returned must clearly show the order number obtained from the Supplier on the package.
15.  LIMITATION OF LIABILITY
15.1.               Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
15.2.               Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
16.  WAIVER
16.1.               No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
17.  FORCE MAJEURE
17.1.               The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
18.  SEVERANCE
18.1.               If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
19.  CHANGES TO TERMS AND CONDITIONS
19.1.               The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
20.  GOVERNING LAW AND JURISDICTION
20.1.               These Terms and Conditions shall be governed by and construed in accordance with the law of England
 
 
Date: 17/09/2011
Version: 1.0
Drafted by Max Clayton Clowes
 
 
http://www.legislation.gov.uk/ukpga/1977/50/enacted


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