These general terms and conditions of sale (together with any documents referred to in them) (terms) apply to any order you place for goods (Products) through our website, www.theportlygrocer.co.uk (our site). Please read them in their entirety. By placing an order through our site you confirm that you have read, understood and agree to these terms in their entirety. If you do not agree with these terms you should not order any Products.
1. INFORMATION ABOUT US
1.1 We operate the website www.theportlygrocer.co.uk. We are The Portly Grocer, part of The Home and Fine Food Co.
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts. You also warrant that any information provided in pursuance of placing an order, i.e. creating an account, is accurate and true at all times.
2.2 It is your responsibility to maintain the confidentiality of your password and account information.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Please note that completion of our online checkout does not constitute acceptance of your order. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch 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 Dispatch Confirmation.
3.3 If we are unable to supply you with the Product you ordered, we will inform you and offer a suitable alternative or refund as soon as reasonably possible.
4. OUR STATUS
4.1 We may from time to time also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5.1 We recommend that you check all Products when you receive them. If the Products are damaged or incorrectly supplied on delivery you must note the details of damage or incorrect supply on the delivery documentation. If you are unable to view the Products upon delivery you must do so within a reasonable period and without delay. You must then return the Products immediately.
5.2 Some Products are handmade, eg gift boxes. and may vary slightly in colour, shape, size and texture. This is because they are individual pieces and as such cannot be returned simply for these reasons.
5.3 You have a legal obligation to take reasonable care of the Products while they are in your possession and during transit. We will not be responsible for any loss or damage during transit. If returned Products are lost or damaged in transit, we reserve the right to charge you (or not refund any amounts attributable to) such loss or damage.
5.4 In the case of damaged or incorrectly supplied Products, we may offer you a replacement Product. Any refunds will be made to the debit/credit card account provided when placing your order and will be subject to our right to without amounts for Products which are damaged on return.
6.1 Ownership of the Products will only pass to you when we have received full payment, including delivery charges where applicable, and have delivered the Products to you.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
7.2 By entering your payment details you confirm that the debit/credit card being used is yours. Payment for all Products must be by credit or debit card. We will take payment immediately.
7.3 Product prices include VAT.
7.4 Product prices and delivery charges 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.
7.5 Our Products are sold on a sold on delivery duty unpaid basis for international Contracts. You may have to pay applicable fees for import and delivery. It is your responsibility to check any applicable taxes, fees, bank charges etc. prior to placing your order with us and to pay any such fees. All Contracts are in Pounds Sterling.
7.6 You must be aged 18 or older to buy alcohol. By placing an order with us online you are confirming you are aged 18 or older. It is an offence to sell alcohol to anyone under the age of 18 in the UK.
7.7 If you are buying alcohol for someone else the recipient must also be aged 18 or older.
7.8 Deliveries must be signed for by a person aged 18 or older. If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. We reserve the right to cancel the delivery if the age and identity of the recipient is in doubt.
8. OUR LIABILITY
8.1 Some of our Products are handmade, eg our gift boxes. Due to this, they may vary slightly in colour, size, shape and texture. We cannot be held liable for such variations in product.
8.2 There are certain liabilities that cannot be excluded by law and nothing in these terms limits our liability for personal injury or death caused by our negligence or fraud.
8.3 You have certain rights as a consumer, including rights relating to misdescribed goods. Nothing in these terms affects those rights.
8.4 Products supplied to you will be of satisfactory quality. If we deliver a Product that is not of satisfactory quality, you can contact us for replacement or, if this is not possible, for a refund.
8.5 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms. We will not be liable to you if we are prevented or delayed from complying with our obligations under these terms by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
8.6 You must follow any advice we give you to keep Products safe. We cannot accept liability for damage to Products that is caused by your failure to follow this advice.
8.7 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
9.1 Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £1,000.
9.2 In accepting these terms you agree to act in accordance with the Licensing Act of 2003 and to provide us with accurate information.
10. WRITTEN COMMUNICATIONS
When using our site, 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.
All notices given by you to us must be sent to The Home & Fine Food Co. at Booths Park Estate, Chelford Road, Knutsford, WA16 8QZ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 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 of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 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.
12.2 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.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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 (Force Majeure Event).
13.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
No relaxation or delay by us in exercising any right or remedy under these terms will operate as a waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these terms 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 remain in full force and effect.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We may vary or update these terms from time to time to comply with law or to meet changing business requirements without notice to you.
18. LAW AND JURISDICTION
These terms and any Contracts are governed by the laws of England and Wales and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
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