Terms and Conditions of Purchase for Consumers
Please read this carefully. By submitting an order on this web site you are agreeing to the terms that appear below which will apply to any purchase made on this web site.
To shop with dinnerBOX.co.uk you must be eighteen years of age or over.
These Terms and Conditions were most recently updated on 18th February 2008 and apply to sales to consumers.
1 PURCHASE CONTRACT
1.1 This web site is operated by dinnerBOX ("we", "us" or "our"). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase.
1.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not, in any way, be re-sold or otherwise circulated without our prior written consent.
1.3 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the e-mail. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 You must be 18 years old or over in order to participate in our service.
2 PRICE AND DELIVERY CHARGES
2.1a With the exception of goods referred to in clause 2.1(b), the price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted.
2.2 The prices stated on the website will be inclusive of any VAT payable.
3 METHODS OF PAYMENT
3.1 Payment may be made by debit, credit or charge card and some business account cards. We do not accept American Express Cards. No vouchers or "money off" coupons will be accepted towards payment of an order.
3.2 The debit, credit cards accepted by us are those listed on the web site on the date on which your order is placed.
3.3 Authority for payment and the payment itself will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20.
4 DELIVERY
4.1 Delivery will be made to the address specified “Delivery Address” by you when you place your order. dinnerBOX is currently only available in the Stamford & Rutland area and Berhamsted area. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions.
4.3 We will supply you with the full quantity that you have ordered for the week that you have specified your order.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot, or alternatively using the “Special Delivery Requirements” section you are able to leave any alternative delivery instruction, ie. ‘leave box in shed’. If no one is at the address, and there are no ‘special instructions for delivery’ the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date.
4.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
5 DEFECTIVE GOODS
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us by phoning us in person. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 14 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1 Unless otherwise notified to you in the confirmation e-mail, you may amend your order at any time prior to the following cut off times:-
6.2 Should you wish to cancel your order after the cut off period set out in paragraph 6.1 but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order and the cost of delivery.
6.3 We will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).
7 WARRANTY AND LIABILITY
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8 PRIVACY
8.1 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
8.2 You are entirely responsible for all orders placed with us or information given to us under your e-mail address. You must immediately notify us of any unauthorised use of your e-mail address or any breach of security known to you.
9 CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be addressed to the dinnerBOX Customer Service Helpline – you will find an e-mail link or address and telephone numbers listed on our website in the "Contact" section.
11 GENERAL
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only for your personal use in placing orders through dinnerBOX.co.uk, and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
dinnerBOX.co.uk is operated by dinnerBOX, 2 Stocks Hill Mews, Stocks Hill, Ketton PE9 3TF
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