Terms and conditions of sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the products (Products) listed on our website cornishfoodmarket.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
The site cornishfoodmarket.co.uk is operated by Westcountry Fruit Sales Limited of The Distribution Centre, Higher Argal, Budock, Falmouth, Cornwall, TR11 5PE (we). Our company number is 00980586 and our VAT number is 43445065.
2. Service availability
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders for Products from outside the UK.
3. Your status
3.1 By placing an order through our site, you warrant that you:
(a) are legally capable of entering into binding contracts and are at least 18 years old; and
(b) require delivery of the Products within our accepted delivery postcodes. When you set up an account with us, we will confirm whether or not your delivery address is within an accepted delivery postcode.
4. How the agreement is formed between us
4.1 When you place an order with us for Products, we will send you an e-mail acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. 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 Products are in stock and have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 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 those Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer rights
5.1 Subject to clause 5.3, if you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products.
5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of food, beverages or other goods intended for everyday consumption which are of a perishable nature.
6. Our refunds policy
6.1 Subject to clause 5.3, if you cancel the Contract within the seven-day cooling-off period set out at clause 5.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have notified us. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us. We will usually refund the money received from you using the same method originally used by you to pay for your purchase.
6.2 If you return a Product for any other reason, we will examine the returned Product and either:
(a) notify you that the Product is defective and that you are entitled to a refund. We will notify you by email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we send you an e-mail confirming that you are entitled to a refund for a defective Product; or
(b) notify you that the Product is not defective but we are willing to credit the value of the Products to your account. We will notify you by email within a reasonable period of time. You will be able to use the credit value in relation to future orders, or if requested we may refund the value of the credit note to the card used to pay for your order.
7.1 We will set out the delivery date or delivery dates on which we expect the Product or Products to be delivered to you (the “Delivery Date”) in our Dispatch Confirmation. Please note that the Delivery Date is not a guaranteed delivery date and time will not be of the essence.
7.2 We will use reasonable endeavours to ensure that the Products are delivered to you in accordance with the Delivery Date.
7.3 The Products will be delivered to the separate delivery address you provide to us when you set up an account, unless otherwise agreed.
7.4 Ownership and risk in the Products will pass to you on delivery.
7.5 If you fail to take delivery of the Products on the Delivery Date, or fail to notify us of a secure alternative delivery address at the time of placing your order, we will contact you by telephone to arrange a new delivery date. We reserve the right to charge you for the extra delivery and this additional charge may be added to your account. We will notify you, prior to arranging a new delivery date, if a delivery charge will be incurred.
8. Price and payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. All Products will be delivered free of charge subject to the minimum order value (see 8.3). All prices are inclusive of VAT.
8.2 The price of some Products, such as fruit and vegetables, will vary according to weight. We will endeavour to provide you with the weight you have ordered however, you agree to pay the price for the weight actually delivered.
8.3 The minimum order price is currently £12.50. The minimum order price is liable to change at any time, but will not affect orders in respect of which we have send you a Dispatch Confirmation. Changes to the minimum purchase price will be notified to you by e-mail.
8.4 Prices 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.
8.5 Payment for all Products may be made either by major credit cards or debit cards. You will be required to provide your card details when you set up an account with us. RBS World Pay (a third party payment provider) will process your credit card or debit card details and will debit the price of all Products on dispatch of your order.
9. Our liability
9.1 Our liability for losses you suffer as a result of us breaching this Contract is limited to the purchase price of the Product we have accepted in the Dispatch Confirmation.
9.2 This does not include or limit in any way our liability:(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.3 We are not responsible for indirect losses or consequential losses which happen as a side effect of the main loss or damage.
10. Written communications
Applicable laws require that some of the communications we send to you should be in writing. 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 site. 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.
12. Transfer of rights and obligations
12.1 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it.
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 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
13.3 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. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. Our right to vary these terms and conditions
14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order a Product from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
15. Law and jurisdiction
This Agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the exclusive jurisdiction of the English courts.