Simply Heavenly Foods Limited Terms and Conditions
(1) Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of thereof, you must not use our website. The full name of our company is Simply Heavenly Foods Limited (“the Company”), we are registered in England & Wales under registration number 420102, and our registered address is Unit 1 156 Crow Lane, Romford, Essex RM7 0ES. You can contact us by email to sales@simplyheavenlyfoods.co.uk, or telephone 01708 750006. Our VAT number is 981175892. All Website Content Copyright © 2014 Simply Heavenly Foods Limited.
(2) Prices and payment
We are continually reviewing the marketplace and regularly change our prices to remain competitive. The price you will pay will be the current price at the time you place your order with us. Promotional prices only apply during the period stated. Charges for delivery are not included in the price of the goods and will be payable in addition. Delivery charges will depend on order value. The price will be clearly displayed on your order. All prices quoted on our Website are in UK pounds and Value Added Tax will be added where applicable at the time of checkout. Whilst we always try to ensure the accuracy of the prices on our Website, there will inevitably be rare occasions when we make a mistake. If we discover any errors in the price of goods before we accept your order, we will notify you as soon as possible and give you the option to resubmit your order at the correct price, select alternative products or cancel your order. You can pay for your order by Visa, MasterCard, Delta/Connect, or Switch. Due to fluctuations in exchange rates, we do accept payment made by credit or debit cards from foreign banks but payment will be charged in sterling. We cannot accept cash or cheque on delivery.
(3) Delivery
We can deliver anywhere in Great Britain and Northern Ireland. Delivery time is not guaranteed, however we will endeavour to get the goods you have ordered to you within seven working days. We will deliver the goods to the premises you specify. We will not deliver the goods to your premises unless there is someone present to accept them. We will ask you (or whoever is at the premises) to sign a delivery note, just to say that the goods have been received. If someone else accepts delivery and signs our delivery note we will deem this to be acceptance from you. If you are not at home when we deliver the Goods, we reserve the right to charge you an additional redelivery charge to bring them on another agreed date. Products MUST be inspected upon delivery and refused if any damage is found. Failure to notify us of any damage may result in claims not being accepted after the item has been signed for. Any damage should be identified to the delivery personnel and noted on their delivery note at the time of refusal. In most cases, any damage issue will be resolved by our Claims Administration Department at the point of delivery. It is your responsibility to ensure that you or the person you have nominated to receive the delivery, have signed for the correct number of goods delivered.
(4) Claims
Claims can only be made through the Company’s Claims Administration Department. Any claims made before prior communication with the Claims Administration Department will not be considered. The records of the Company shall be conclusive as to deliveries to and purchases by the customer.
a) All goods must be counted upon receipt. Any shortage must be indicated on the delivery note at the time of delivery.
b) All goods must also be checked for damages upon receipt. Any damage must be indicated on the delivery note at the time of delivery.
c) Goods must be checked against the delivery note within 3 working days of delivery.
d) Any claim in respect of the above should be made by telephone to the Company’s Claims Administration department within 2 working days of the delivery (UK only – 01708 750006).
e) Claims with regard to condition must be made in writing to the Company’s Claims Administration department within 30 days of delivery.
f) Credit may not be given for goods returned without prior agreement from the Company’s Claims Administration Department. The Company reserves the right to recover carriage and handling costs where unauthorised returns are made.
g) No claims will be entertained unless the above conditions are strictly adhered to.
h) Refunds may occasionally be offered at the discretion of the management.
(5) Licence to use website
Unless otherwise stated, the Company or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website.
(6) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(7) Restricted access
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(8) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(9) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(10) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(11) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
(12) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
(13) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
(14) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
(15) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(16) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(17) Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(18) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.