| Please read
these terms and conditions of sale (“terms”)
carefully. They will apply to any order you make using
our ordering service. |
| 1 |
Formation |
| 1.1 |
This website is operated by The English Cheesecake Company Ltd (“we”, “us” or “our”). We are registered in England and Wales under 3952398 and our registered office is at Finsgate, 5-7 Cranwood Street, London, EC1V 9EE. Our main trading address is at 53-55 Pall Mall Deposit, 124-128 Barlby Road, London, W10 6AJ. Our VAT number is GB 587 2997 66. You are the customer. |
| 1.2 |
Some of our terms differ depending
upon whether or not you have an account with us and the
relevant provisions of these terms are identified in each
case. If you wish to become an account holder, please contact
us. We will need to carry out credit checks on you. |
| 1.3 |
All orders made by you using our
ordering service for any of the goods (“goods”)
either described on our website or to be supplied under
our bespoke service shall be deemed to be an offer by you
to purchase the goods pursuant to these terms to the exclusion
of all other terms and conditions including any terms and
conditions which you may purport to apply under any purchase
order, confirmation of order or similar document |
| 1.4 |
No variation of, or addition to,
these terms shall take effect unless agreed in writing
by the parties. |
| 1.5 |
No order submitted by you shall
be deemed to be accepted unless and until we confirm acceptance
of your order over the telephone. Even where we receive
an order from you by fax or email, we will still telephone
you to confirm and accept that order. Our acceptance over
the telephone of your order brings into existence a legally
binding contract between us. |
| 1.6 |
The following provisions will apply
where we amend these terms |
| |
Account holders
1.6.1 We will notify
you in writing of any amendments we make to these
terms.
|
| |
Non-account holders
1.6.2 We may
change these terms without notice to you in relation
to future sales and you should
therefore check our website prior to each order to
ensure that you have read and understood the current
version
of our terms.
|
| 2 |
Description and price of the goods |
| 2.1 |
The Business Professionals page
on our website illustrates a selection of the goods available.
Please contact us if you require a full list. We also operate
a bespoke service where we provide non-standard goods for
our account holders. We may also agree to provide non-account
holders with bespoke goods by special arrangement. You
should therefore telephone us to discuss your exact requirements. |
| 2.2 |
We will notify you of the price
of the goods including any delivery charge over the telephone
when you place your order. All prices are inclusive of
VAT, where applicable. |
| 2.3 |
The type of service we provide
varies according to whether you are an account holder or
not. |
| |
Account holders
2.3.1 We provide a bespoke
service in which we produce goods to order. Details
of our delivery period are contained in paragraph 4.2.1
below. |
| |
Non-account holders
2.3.2 We provide
both a standard and an express service for ordering
non-bespoke goods, details of which are contained in
paragraph 4.2.2 below. Any prices
that we quote will vary depending upon the type of service you require.
|
| 2.4 |
The goods are subject to ingredient
availability. You will be informed when placing your order
if any goods cannot be produced and in that event, we will
offer you an alternative. |
| 2.5 |
Please be aware that all our goods
may contain nuts or traces of nuts. |
| 2.6 |
Every effort is made to ensure
that all descriptions shown on the Business Professionals
page of our website are accurate at the time you place
your order. If we discover any errors or omissions we will
inform you over the telephone at the time we accept the
order and offer you the option of withdrawing your order. |
| 3 |
Payment |
| 3.1 |
Different payment terms apply for
account and non-account customers. |
| |
Account holders
3.1.1 You will be invoiced
for the goods within one week of delivery and payment
will be due by you within 30 days of the date of the
invoice. |
| |
Non-account holders
3.1.2 Payment for
the goods may be made by debit, credit or charge card.
The debit, credit and charge cards accepted by us are
those listed on the website.
We will debit the whole of the price of the goods from your payment card
at the time of your order. We reserve the right to terminate
our agreement with
you if we are refused payment. |
| 3.2 |
You agree to indemnify us in full
against all costs, expenses and outgoings incurred by us
in obtaining payments from you in the event that a failed
payment occurs. We may, at any time after a failed payment
has occurred, ask a debt collection agency to collect payments
from you. |
| 3.3 |
We reserve our right to charge
interest at the rate specified under the Late Payment of
Commercial Debts (Interest) Act 1998 in relation to any
such failed payment. |
| 4 |
Delivery |
| 4.1 |
We deliver anywhere in mainland
UK and we will discuss delivery charges with you at the
time you place your order. Delivery outside mainland UK
may be possible by special arrangement. If you require
delivery outside mainland UK, we will discuss this with
you over the telephone when the order is placed. |
| 4.2 |
The following delivery arrangements
will operate, depending on whether or not you are an account
holder |
| |
Account holders
4.2.1 Delivery of
the goods will be made ten working days after the day
we accept your order.
|
| |
Non-account holders
4.2.2 If you
order goods from our standard service, delivery will
be made within three to five working
days of our acceptance of the order. However, we also
offer an express service where you require the goods
urgently.
In that event, an additional charge will be payable
which will vary depending upon the time required for
delivery.
If delivery is required on a Saturday, a further additional
charge will be payable. Please contact us for full
details of our additional charges. |
| 4.3 |
Time for delivery shall not be
of the essence of the contract between us unless previously
agreed in writing by us. Whilst reasonable efforts will
be made to meet any delivery period specified in any order
or elsewhere, any such period is an estimate only and we
shall not be liable for any delay in delivery of the goods
however caused. |
| 4.4 |
We may effect delivery in one or
more instalments. Damage to, defects in or loss of one
instalment of any order shall not entitle you to cancel
or to refuse to accept delivery of the remaining instalments
of the order. |
| 4.4 |
We may effect delivery in one or
more instalments. Damage to, defects in or loss of one
instalment of any order shall not entitle you to cancel
or to refuse to accept delivery of the remaining instalments
of the order. |
| 4.5 |
Risk in the goods shall pass to
you on delivery which will occur when the goods are delivered
to you at the delivery address. |
| 4.6 |
We shall not be liable to you for
short delivery of the goods however caused but we will
provide you with the outstanding goods as soon as is reasonably
practical. If however, we have not delivered the outstanding
goods within five working days from the first date of delivery
you shall be entitled to cancel the order for the outstanding
goods. |
| 4.7 |
Goods are supplied at a temperature
appropriate to the food concerned. In the case of account
holders, perishable frozen goods will be delivered in refrigerated
trucks and in the case of non-account holders, such goods
will be delivered in polystyrene freezer boxes containing
dry ice in compliance with statutory requirements. A safety
leaflet will be included on the handling of dry ice. Guidance
on the defrosting of our frozen goods can be found on our
website. |
| 4.8 |
We will arrange a time for delivery
when you place your order. It is essential that you, or
someone on your behalf, will be available to receive and
sign for the goods at the delivery address at the time
of the arranged delivery. |
| 4.9 |
Sometimes delivery may be late
or cancelled because of adverse weather conditions or other
events outside of our reasonable control. If so, we will
try to contact you as soon as we are able to in order to
reschedule your delivery time and date. |
| 4.10 |
Different arrangements will operate
for failed deliveries depending upon whether or not you
are an account holder. |
| |
Account holders
4.10.1 If no one
is at the delivery address when delivery is attempted,
then the goods will
be taken back by our distributor and we will contact
you to arrange a further delivery. An additional charge
will
be payable for the subsequent delivery.
|
| |
Non-account holders
4.10.2 If no
one is at the delivery address when delivery is attempted,
then the following
arrangements will operate, depending on whether the
order contains frozen perishable goods. |
| |
4.10.2.1 If the goods are frozen, they
will be taken back by our driver and we will be unable
to arrange a further delivery because of the perishable
nature of such goods. In addition, since such goods cannot
be resold, and since we will have incurred a delivery charge,
we will be entitled to retain in full the price of the
goods debited from your payment card. |
| |
4.10.2.2 If the goods are not perishable,
they will be taken back by our driver and we will contact
you to arrange a further delivery. We will not make any
additional charge for this further delivery. |
| 5 |
Amendment of order and cancellation
rights |
| 5.1 |
Arrangements for the amendment
or cancellation of your order will vary depending on whether
or not you are an account holder. |
| |
Account holders
5.1.1 You may amend
or cancel your order by contacting us over the telephone
on 020 8964 9556
within one working day of placing your order.
|
| |
Non-account holders
5.1.2 You may
amend or cancel your order by contacting us over the
telephone on 020 8964 9556
prior to the following cut-off times: |
| |
5.1.2.1 In the case of our standard
delivery service, 5.1.2.1.1 no later than three hours
after our acceptance of the order, where that order is
for perishable goods and |
| |
5.1.2.1.2 no later than one working
day after our acceptance of the order, where that order
is for non-perishable goods. |
| |
5.1.2.2 In the case of our express
delivery service, no later than 30 minutes after our acceptance
of the order.
If you amend or cancel your order within the time limits stated above, then we
will credit your payment card with the appropriate sum within 30 (thirty) days
of the amendment/cancellation. |
| 5.2 |
Where you amend or cancel an order
outside the time limits stated above, we will be entitled,
in the case of an account holder, to invoice you in full
for the price of the goods and, in the case of a non-account
holder, to retain in full the price of the goods debited
from your payment card. |
| 6 |
Refund policy and customer service. |
| 6.1 |
Every effort will be taken to ensure
that you receive the correct goods. However, you should
inspect the goods on delivery and if you identify incorrect
goods, or the delivery is of an incorrect quantity or you are dissatisfied
in any way with the quality of the goods, you should immediately contact us
by telephone. If you fail to comply with this requirement, we will not be held
liable in respect of any complaint you may have which should have been brought
to our attention at the time of delivery. |
| 6.2 |
Subject to clause 6.1, where you
have received incorrect goods, a short delivery of goods
or goods that do not meet with your reasonable satisfaction,
we will make good any shortage or exchange the incorrect
goods or goods that are of unsatisfactory quality. We will
not require payment of any additional delivery charge in
respect of the replacement of goods or making good their
shortfall in these circumstances. |
| 7 |
Warranty and liability |
| 7.1 |
We shall not be in default of these
terms or be liable to you for any loss, costs or expenses
arising directly or indirectly from any failure of or delay
in our performance of any of our obligations under these
terms due to any cause beyond our reasonable control. This
shall include, but not be limited to, an act of God, flood,
storm, fire, war, strike or other industrial action, act
of Government, power failure including failure of refrigeration,
breakdown of machinery, shortages of materials or a delay
or failure on the part of any sub-contractor, supplier
or carrier of goods or materials relating to the provision
of goods under these terms. If we are prevented from carrying
out our obligations in these circumstances, we will notify
you. If we are still prevented from carrying out our obligations
five working days from the date of such notice, then either
you or we shall be entitled to terminate our agreement
immediately on notice to the other without liability. |
| 7.2 |
We shall not be liable to you for
any non-delivery or shortage in quantity delivered or damage
to or defects in the goods caused by your act, neglect
or default. |
| 7.3 |
Except in respect of death or personal
injury caused by our negligence, or liability for defective
products under the Consumer Protection Act 1987, we shall
not be liable to you by reason of any representation (unless
fraudulent), or any implied warranty, condition or other
term, or any duty at common law, or under these terms,
for loss of profit, or for any indirect, special or consequential
loss or damage, costs, expenses or other claims for compensation
whatsoever which arise out of or in connection with the
supply of the goods (including any delay in supplying or
failure to supply the goods) or their use or resale by
you, and our entire liability under the contract between
us shall not exceed the price of the goods. |
| 8 |
Indemnities |
| 8.1 |
You shall indemnify us and keep
us indemnified in respect of all claims arising directly
or indirectly out of your use or possession of the goods
except to the extent to which any claim arises directly
as a result of our breach of the contract between you and
us. |
| 8.2 |
You shall indemnify us and keep
us indemnified in respect of all loss, damage or extra
cost incurred by us by virtue of any request, instruction,
omission to instruct, cancellation or any other action
on your part or on the part of your agents or contractors
which is not in accordance with the contract. |
| 9 |
Privacy |
| 9.1 |
We are committed to ensuring that
your privacy is protected and we will take all reasonable
precautions to keep your personal information secure. |
| 9.2 |
We will use any personal information
you provide us for the purpose of fulfilling your order,
for market research and for statistical analysis. We may
share this information with our service providers and agents
for this purpose. |
| 9.3 |
We would also like to contact you
by telephone, email or fax to notify you of products and
offers that may be of interest to you from time to time.
We will ask you whether you consent to receiving such information
from us at the time that you provide us with your personal
information. We do not sell, rent or transfer your personal
information to third parties for their marketing purposes. |
| 9.4 |
You have a right to ask for a copy
of your information (for which we may charge a small fee)
and to correct any inaccuracies in your data. |
| 9.5 |
To help us make credit decisions
about you and to prevent fraud, we may search the files
of credit reference agencies who will record any credit
searches on your file. We may also disclose details of
how you conduct your account to such agencies. The information
will be used by other credit grantors for making credit
decisions about you. |
| 10 |
General |
| 10.1 |
If any of these terms 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 which will continue
to be valid and enforceable to the fullest extent permissible
by law. |
| 10.2 |
These terms together with the
details on our website from time to time and the details
of your order as accepted by us set out the whole of our
agreement relating to the supply of the goods to you by
us and supersede and replace any prior written or oral
agreements, arrangements, or usage of a course of dealing
between us. |
| 10.3 |
Nothing said by any salesperson,
agent, employee, director or other representative on our
behalf should be understood as a variation of these terms
or as an authorised representation about the nature or
quality of any goods offered for sale by us. Save for fraud
or fraudulent misrepresentation, we shall have no liability
for any such representation being untrue or misleading.
You confirm that you have not entered into agreement with
us on the basis of any such statement or representation
that is not expressly incorporated into these terms. |
| 10.4 |
These terms will be governed by
the laws of England and you agree to submit to the exclusive
jurisdiction of the English courts. |
| 10.5 |
For the purposes of the Contracts
(Rights of Third Parties) Act 1999, any agreement between
us for the supply of goods by us to you is not intended
to, and does not, given any person who is not a party
to it any right to enforce any of its provisions.
The www.cheesecake.co.uk website is operated by the English Cheesecake Company
Ltd of Unit 53/55, Pall Mall Deposit, 124-128 Barlby
Road,
London W10 6BL.
If you have any queries please contact
us on 020 8964 9556 |
