1 These terms and conditions (Ts & Cs) govern the relationship between you and Alastair Little Food Limited when you order any of the food or other produce (Products) listed on our website at byalastairlittle.co.uk (Website). These Ts & Cs set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website. Any reference to “you” or “your”, means you as a customer of our Products and/or as a user of our Website. Any reference to “we”, “us”, “our” or “By Alastair Little” is to Alastair Little Food Limited. Please read these Ts & Cs carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be legally bound by these terms and conditions. We will not file or store a copy of these Ts & Cs for each transaction made via the Website. You should print a copy of these Ts & Cs for future reference. Please understand that you agree to accept these Ts & Cs by ordering any Products from our Website.
Information about us
2 We are Alastair Little Food Limited, a company registered in England and Wales under company number 10978736 and with our registered office at Alastair Little Food Ltd, 146 New London Rd, Chelmsford, CM2 0AW and we operate the Website.
3.1 By placing an order through our Website, you confirm that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
3.2 If you do not comply with any of the conditions above in condition 3.1 you are not entitled to purchase Products from our Website.
4.1 The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as computers and other devices can display colours differently and food itself varies in colour and size. The packaging of the Products may also vary from that shown in images on our Website.
4.2 Any weights of the Products are approximations only unless we state otherwise.
4.3 Whilst we will provide general advice and instructions relating to our Products, any advice and instructions provided by By Alastair Little relating to our Products have been produced in order to help you in using the Products and to give guidance. These are provided for general information only. We accept no liability for any loss, damage or injury arising as a result of the advice or instructions provided to you on our Website or in conjunction with any of our Products.
4.4 You are responsible for opening and inspecting the Products upon delivery and then storing them correctly (for example, in the fridge). You are also responsible for the cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage or cooking of our Products.
4.5 If you have an allergy, you are responsible for checking our allergen information on the Website and on the product labels to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us on 01628 367119 or firstname.lastname@example.org. Please note that our Products may contain allergens including cereals containing gluten (wheat, rye, barley and oats), crustaceans, eggs, fish, peanuts, soybeans, milk, lactose, nuts, celery, mustard, sesame, sulphur dioxide and sulphites, lupin and molluscs.
4.6 If we are unable to supply you with a Product we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
How the Contract is formed between you and us.
5.1 Please take time to read and check your order as you compile it on the Website. After placing an order for our Products, you will receive an Order Confirmation e-mail from us acknowledging that we have accepted your order. As we cook everything fresh for you that Order Confirmation also constitutes the “Contract” between us to deliver the Product you have ordered.
5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Delivery Confirmation.
Your consumer right of return and refund
6.1 As our Products contain fresh and perishable food, you are not entitled to the “normal” right to return goods within 14 days after the day you receive them, simply if you change your mind. This is because the food is likely
to have a best before date within only a few days of delivery of the Products.
6.2 Your cancellation rights are:
6.2.1 If you order Products for delivery and then for some reason change your mind or are unable to take delivery of the Products you must notify us by 12pm on the Wednesday before the delivery date of the Product. You can do this by calling 01628 367119 or emailing email@example.com telling us the reason for the cancellation. We will process a refund to you as soon as possible.
6.3 Right of return and refund if the Product is defective or not as described: Because you are a consumer, we are under a legal duty to supply Products that conform with the contract between us. You have legal rights in relation to Products that are defective or not as described. If the Products we deliver to you are defective or are not as described on our Website you should contact us and report such defect or misdescription as soon as possible (we ask that this is within 3 days from delivery of the Products and if possible we ask that you send us a photograph as evidence of the defective or misdescribed Product – this will assist in processing your refund quickly).
We will arrange collection of such defective or misdescribed Product or we will ask you to safely dispose of such Product and if we agree that it is defective or misdescribed (acting reasonably) we will offer you a refund of the price of the Product in full, together with any reasonable associated refund.
We will refund you within 14 days after the day on which (whichever is the earlier of):
the day we receive the Product back from you;
the day on which you provide us with acceptable evidence that you have sent the Product back to us; or
the day on which you provide us with acceptable evidence that the Product is defective or misdescribed and we have agreed for you to dispose of the Product safely.
We try our best to ensure that our Products are perfect 100% of the time, but this is not always possible. In the event that there is a minor error we reserve the right to use our discretion as to whether a full refund is applicable or not.
We will refund you by the method used by you to pay.
6.4 Your legal rights: Advice about your legal right to cancel the contract between us is available from your local Citizens’ Advice Bureau or Trading Standards office. Your legal rights are not affected by your right of return and refund in this condition 7 or anything else in these Ts & Cs.
7.1 We will confirm when your Products should arrive in the Order Confirmation.
7.2 If you order a Product, we will deliver it on the stated delivery date, unless there are exceptional circumstances, for example, if delivery is affected by an Event Outside Our Control (see condition 18).
7.3 It is your responsibility to ensure that you have given us the correct delivery address.
7.4 We will do our best to comply with any special delivery instructions you provide to us regarding your order. Some of our deliveries are undertaken by third party courier or postal services and we cannot guarantee the third party courier or postal services provider will comply with any special delivery instructions.
7.5 If you are not in when we deliver your Products, we will leave them in the place you have nominated for us to do so when placing your order on our Website. If you are not in to receive the Products in person and the Products are left with another nominated person or outside of your property as per your instructions in your order and they are stolen or damaged, we do not accept any liability.
Risk and title
8.1 The Products will be at your risk on completion of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
Price and payment
9.1 The price of the Products and any delivery charges will be as quoted on our Website from time to time, except in cases of obvious error. Product prices include VAT.
9.2 Product prices and any delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
9.3 Payment for all Products can be made by credit or debit card or via Paypal and we require payment before we despatch the Products.
Warranty (our promises)
10.1 Subject to the disclaimers set out in condition 12.3, we promise to you that any Product purchased from us through our Website will conform in all material respects with its description, be of satisfactory quality, be reasonably fit for all the purposes for which products of that kind are commonly supplied at the time of delivery.
10.2 The Products we sell have been designed and prepared to comply with the statutory legal requirements and relevant health and safety standards of the United Kingdom. We can therefore make no representation or warranty that any Product is compliant with health, safety or other legal requirements which apply outside the United Kingdom.
10.3 We shall have no liability under the warranty set out at condition 12.1 to the extent that any damage or defect results from:
10.3.1 a modification or alteration of the Products by anyone other than us;
10.3.2 your or any third party’s use of the Products in a manner contrary to the instructions given to you by us;
10.3.3 fair wear and tear, wilful damage, abnormal storage (i.e. not in a fridge) or working conditions, accident, negligence by you or by any third party; or
10.3.4 any failure to use reasonable skill and care in using (i.e. preparing and eating) the Products and/or failure to use the Products legally and/or for the purposes for which such Products are intended to be used.
11.1 Nothing in these terms and conditions shall:
11.1.1 restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards office or Citizen’s Advice Bureau);
11.1.2 exclude or limit our liability for death or personal injury resulting from our negligence;
11.1.3 exclude or limit our liability for fraud or fraudulent misrepresentation;
11.1.4 exclude or limit our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (this relates to legal title / ownership);
11.1.5 exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
11.1.6 exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.2 Subject to condition 11.1, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to condition 11.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable at the time we enter into a contract.
11.3 Subject to condition 11.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software; or waste of management or office time. However, this condition 11.3 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in this condition 11.3.
13 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14 All notices given by you to us must be given to By Alastair Little at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 13. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address.
Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Event Outside Our Control).
16.2 An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility / breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the contract may be performed despite the Event Outside Our Control.
17.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition
18 If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence,
negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
19.2 We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Nothing in this condition 19 limits or excludes any liability for fraud.
Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 If we revise and amend these terms and conditions so as to alter the information required to be provided by applicable laws and regulations, such revisions and amendments will not be effective unless you expressly notify us of your agreement to them.
20.3 Subject to condition 20.2, you will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and jurisdiction
21.1 Any dispute or claim arising out of or in connection with these terms and conditions will be governed by English law and subject to the exclusive jurisdiction of the courts of England & Wales.
21.2 These terms and conditions are effective from 24 April 2018.
TERMS OF WEBSITE USE
Using our Website
www.byalastairlittle.co.uk is maintained for your personal use.
You agree to use this Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party.
We aim to update our Website regularly, and may change the content at any time.
22.2 Linking to and from www.byalastairlittle.co.uk
We welcome and encourage other websites to link to the information that is hosted on these pages, and you don’t have to ask permission to link to www.byalastairlittle.co.uk.
However, we don’t give you permission to suggest that your website is associated with or endorsed by www.byalastairlittle.co.uk
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
While we make every effort to keep www.byalastairlittle.co.uk up to date, we don’t provide any guarantees, conditions or warranties as to the accuracy of the information on the Website.
We don’t accept liability for loss or damage incurred by users of the Website, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise, in connection with our Website, its use, the inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it. This includes loss of:
- Income or revenue
- Profits or contracts
- Anticipated savings
- Tangible property
- Wasted management or office time
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
22.4 Information about you and your visits to www.byalastairlittle.co.uk
We process information about you in accordance with our privacy & cookies policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
22.5 Virus protection
We make every effort to check and test material at all stages of production, however you must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
We can’t accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from our Website.
22.6 Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
22.7 Law and jurisdiction
Any dispute or claim arising out of or in connection with these terms and conditions will be governed by English law and subject to the exclusive jurisdiction of the courts of England & Wales.
These terms and conditions are effective from 24 April 2018.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.