Terms of Supply
TERMS OF SUPPLY
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Rana’s Bakery & Brasserie Limited, trading as The Gluten Free Bakery, a company registered in England and Wales. Our company registration number is 09093424 and our registered office is at Flat 4, 58 Theobald’s Road, London WC1x 8SF. Our registered VAT number is 218466985.
2.2 How to contact us. You can contact us by telephoning our customer service team at 08002461102 or by writing to us at either email@example.com or our registered office address.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the good. This might be because the good is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the good or because we are unable to meet a delivery deadline.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the EU. Our website is solely for the promotion of our goods in the EU. Unfortunately, we do not accept orders from or deliver to addresses outside the EU.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your good may vary slightly from those images.
4.2 Good packaging may vary. The packaging of the good may vary from that shown on images on our website.
5. PROVIDING THE GOODS
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you. OR
…we will deliver them to you as soon as reasonably possible and in any event within 14 days after the day on which we accept your order OR we will contact you with an estimated delivery date / to agree a delivery date, which will be within 30 OR after the day on which we accept your order.
5.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
5.4 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 10am-1pm on weekdays (excluding public holidays).
5.5 If you are not at home when the good is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
5.6 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.
5.7 When you become responsible for the good. The good will be your responsibility from the time (i) we deliver the good to the address you gave us or (ii) you collect it from us.
5.8 When you own goods. You own a good once we have received payment in full.
5.9 We may suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 10.3) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 10.5).
6. YOUR RIGHTS TO END THE CONTRACT
6.1 Your rights to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the good replaced or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the good, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the good you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons.
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) goods liable to deteriorate or expire rapidly (including perishable goods);
(b) goods that are made to your specifications or are clearly personalised to you;
(c) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(d) any goods which become mixed inseparably with other items after their delivery.
6.5 How long do I have to change my mind? You will have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
6.6 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 6.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will:
(a) in circumstances where there has been a one-off sale of goods, end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract as compensation for the net costs we will incur as a result of your doing so; and
(b) in circumstances where the contract is ongoing, the contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for goods which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the good until 3 March. We will only charge you for supplying the good up to 3 March and will refund any sums you have paid in advance for the supply of the good after 3 March.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 08002461102 or email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us as at flat 4, 58 Theobalds Road, London, WC1X8SF, including the information required in the form.
7.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 08002461102 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the good or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a good within 3-5 days at one cost but you choose to have the good delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 14 days from the day on which we receive the good back from you or, if earlier, the day on which you provide us with evidence that you have sent the good back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract for a good at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9. IF THERE IS A PROBLEM WITH THE GOOD
9.1 How to tell us about problems. If you have any questions or complaints about the good, please contact us. You can telephone our customer service team at 08002461102 or write to us at firstname.lastname@example.org or our registered office address.
9.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 08002461102 or email us at email@example.com for a return label or to arrange collection.
10. PRICE AND PAYMENT
10.1 Where to find the price for the good. The price of the good (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to that the price of good advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the good you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the good, we will adjust the rate of VAT that you pay, unless you have already paid for the good in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the good's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.
10.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, Amex and Paypal. You must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Natwest from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to inform you about similar goods that we provide, but you may stop receiving these at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
13.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.