The contractual terms between Van Allen Foods Ltd (hereinafter referred to as the Seller) and those purchasing goods from the Seller are contained exclusively within these Conditions of Sale. These Conditions and the Contract shall be subject to and construed in accordance with the Law of England.
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means the Partnership trading as Van Allen Foods Ltd, Lodge Farm Industrial Estate, Northampton, NN5 7EU;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.7 “Custom Orders” means new goods which we do not hold in stock, and which are made specifically for customer’s requirements, where customers choose the size and amounts of an item from drop down list and/or where goods are tailored or altered in accordance with the Buyer’s requirements.
1.8 “Website” means www.minipackbiscuits.co.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 It is the Buyer’s responsibility to provide an e-mail address that their mailbox is in proper working order. The seller will send all correspondence/confirmations to the supplied e-mail address.
3.3 When you visit our Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
4 CUSTOM ORDERS/MADE TO ORDER ITEMS
4.1 These Terms and Conditions apply when an item has to be custom ordered to Buyers .
4.2 Items will be ordered in the size and amounts specified to us on the order. We cannot be held responsible for incorrect sizing or amounts ordered. It is the buyer’s responsibility to check the size(packaging in two or three) and ensure the correct size is ordered. We cannot be held liable for incorrect size by the buyer. The size of packaging are available on request prior to ordering by emailing firstname.lastname@example.org
4.3 On placing an order buyer is entitled to a 7 days cooling off period. Van Allen Foods Ltd must be notified immediately by emailing email@example.com this instance. After this time the order cannot be changed or altered in any way. The Buyer is committed to paying any remaining balance and taking delivery of the order.
4.4 All custom orders will take between 1to 2 weeks to deliver, we will provide a confirmation showing the expected delivery date. Please note this date can vary and buyer should ensure that sufficient time is left to allow for alterations and unforeseen delays which our outside the Sellers control.
4.5 All goods must be paid for in full before dispatch and will remain the property of Van Allen Foods Ltd in the event of full payment not being received. Balances are due within 7 days of notification of delivery
4.6 Custom orders are not eligible for the returns policy stated below unless they are deemed to be faulty and procedures followed as stated in our Returns Policy.
4.7 Please contact us within 7 days of receipt if you believe there is a fault with the item, after this date we are unable to process any return charge. Please contact us at firstname.lastname@example.org if you wish to use any additional service for confirmation
4.8 Any contracts or agreements formed between the Buyer and the Seller by means of this web site shall be governed and construed according to English law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the English courts.
5 PRICE AND PAYMENT
5.1 The Price of the Goods shall be that stipulated on the Seller’s website. The Price is zero rated of VAT. The Price excludes delivery charges, unless otherwise stated, and is subject to change without prior notice.
5.2 The total purchase price, including zero rates of VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. Goods must be paid for in full at point of ordering, unless it is a Custom order with deposit option available.
5.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods (“the Confirmation”). The Confirmation will be acceptance of the Order. No contractual liability will be imposed on either party prior to the Confirmation.
5.4 Payment of the Price including delivery charges must be made in full before dispatch of the Goods.
6.1 Delivery times vary depending on the item ordered. For standard stock orders, please allow 10 days for delivery. Custom orders can take between 1-2 weeks to be delivered to us and then dispatched to the buyer on full payment being received. It is buyer’s responsibility to ensure that enough time has been allowed. The Seller cannot accept responsibility for delays beyond their control such as Strike Action, Weather Conditions or other acts of God.
6.2 For deliveries abroad Custom Charges may be payable by the Buyer. Charges for custom charges and clearance must be borne by the Buyer. The Seller has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. The Buyer may want to contact their local customs office for further information.
6.3 We cannot take responsibility for delivery to PO Box addresses and cannot offer refund or replacement for any goods that are lost in transit unless that loss is covered by any (if any) insurance that Seller has affected and/or is covered by the delivery agents. The Seller will not be obliged to affect insurance unless specifically requested.
7 RIGHTS OF SELLER
7.1 The Seller reserves the right to adjust the price and specification of any item on the Website at their discretion at any time.
7.2 The Seller reserves the right to withdraw any goods from the Website at any time without prior notification.
7.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order unless that order has been accepted by the Seller.
7.4 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice without prejudice to the Buyer’s liability and any (if any) courses of action.
8 PRIVACY AND DATA PROTECTION
8.1 The information the Buyer provides on this online store will be held by the Seller.
8.2 We will not disclose your information to any other companies. The Seller may disclose the Buyers information to credit agencies and in relation to enquiries concerning the prevention and detection of fraud or crime or the apprehension or prosecution of offenders or as may be required by law or in legal proceedings.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.Please see below for charges applied to items returned for a refund.
GENERAL TERMS AND CONDITIONS
1. For internet transactions under United Kingdom Regulations the Buyer has the right to cancel the contract our returns within this timescale for a Return Authorisation Number (RAN). No refund will be forthcoming for notifications after this 7 day period. The Buyer can expect a refund in the same form of payment originally used for purchase within thirty days of cancellation. A Return Authorisation Number (RAN) must be requested by email. This number is used by ourselves to process returns and should be entered on the back of the Despatch Note/Invoice. When the Buyer returns any item, the Buyer must include the Return Note/Invoice in the Buyer’s return package. Items returned without a RAN will not be eligible for an exchange or refund
2 The Seller does not accept the return of any Custom Orders. Except for Custom Orders, the Seller will, so long as all of the following conditions are satisfied, accept the return of goods sold and give a full refund less any specified deductions, costs and expenses.
2.1 The Seller will not refund or replace any items that have been open or damaged. Health and Safety reasons the Seller cannot refund or exchange open biscuits or earrings unless deemed faulty. Should the Buyer find any imperfections, the Buyer must notify the Seller within seven days of the merchandise being delivered (“the Notification Period”), clearly identifying the faults by emailing email@example.com within this timescale for a RAN. No liability will be accepted for any faults notified after this period. The Seller will issue a refund against the product acknowledged by the Seller to be faulty, providing such faults have not been caused by the Buyer’s misuse, negligent handling or improper care of the goods. The Buyer can expect a refund in the same form of payment originally used for purchase within thirty days of notice.
3. All items must be returned unopen, unsoiled, undamaged and unaltered with original packaging, and protective covering where applicable. Please treat the returned item with the same care in which you received it.4. If items received appear to have suffered shipping damage, keep the original shipping carton and email us at email us at firstname.lastname@example.org within the Notification Period. The Seller will contact the shipping company for a damage inspection report and request that the shipping company return the merchandise. Under these circumstances, do not return the merchandise yourself, unless otherwise instructed. A refund will only be provided once the Seller has reviewed the outcome of all investigations
5. All merchandise must be returned at the sender’s expense.
6. If returning items to the Seller, the goods and the packaging must be received by the Seller within 10 days from delivery of goods to the Buyer with your RAN. The Seller will not refund any returns that are received after this time. Any goods received after this period will be returned at the sender’s expense.
7. Please note that rush order charges are not refundable.
8. Items returned from the UK Mainland for an exchange will not be subject to a re-delivery charge if the item is faulty. A postage charge is applicable on all other items that require re-delivery
9. The Buyer must include the delivery note/invoice that was shipped with your order and indicate clearly the reason for return. Also clearly mark on the sheet your Return Authorisation Number.10. For your protection we recommend that you use a recorded delivery service and that the goods are fully insured for the full cost of the garment as we cannot offer refund or replacement for any goods that are lost in return shipment to the Seller.
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