Terms & Conditions
These online shopping terms and conditions (‘’On-line Shopping Terms & Conditions) apply to all orders which you, the customer (‘’you’’ or ‘’your’’), place using this website ‘’www.provender.co.uk’’ (‘’Website’’) operated by Provender delicatessen and café (‘’we’’ ‘’us’’ or ‘’our’’). Please read them carefully before placing your order.
On accessing the website on this and each subsequent occasion you will be deemed to have accepted these On-line Shopping Terms and Conditions, the Privacy Statement and such other policies as we notify you of from time to time, which together constitute the entire agreement between you and us.
Children
We only sell items to adults (i.e. those aged 18 or over). If you are under 18 you may use the Website only with the involvement of a parent or guardian.
Colours, specifications and dimensions of products.
We have made every effort to display the colours, specifications and dimensions of items on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor. We cannot guarantee that your monitor’s display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on our Website without prior notice.
Alcoholic products
Some of the items available for purchase from this Website contain intoxicating liquor. When you place an order for an alcoholic product using this Website, you confirm that you are aged 18 or over.
Food Hampers and Gift Boxes
Hampers and gift boxes are collections of food and non-food items packaged in containers such as wicker baskets or wooden boxes. If these products contain perishable items and items with a rapid expiry date, your statutory right to withdraw from purchases within the seven working day ‘’cooling-off’’ period does not apply to these items. The hampers and gift boxes photographed contain only the items listed. This means some wine vintages may vary according to availability and any props used in the photography are not included in the hampers unless stated in the hamper listing.
Availability of Items and substitution
We accept orders for items subject to availability. If for any reason the items you ordered are no longer available, we will contact you by email using the contact details you supplied when placing the order, and either offer you an alternative item of equivalent quality and price if this is possible; or cancel the item from your order and give a full refund in respect of that item.
If we are unable to contact you or we do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply.
Your Profile
If you register with us when purchasing items using the Website, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the username and password are kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.
Please ensure the details you provide to us on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or postal address).
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Privacy and Communications
When you place your order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Statement.
To fulfil our obligations to you under these On-line Shopping Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
The Contract between us
When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an e-mail summarising the details of your order (‘’Order Confirmation E-mail’’). We accept your order only when we send an e-mail confirming that we have despatched the items in your order. (''Despatch Confirmation E-mail’’). The contract between us is formed at the point we send the Despatch Conformation E-mail in respect of those items mentioned in the Despatch Confirmation E-mail. If your order contained a number of items and the Despatch Confirmation E-mail mentions only some of them, those items that have yet to be despatched to you do not form part of that contract.
Prices
Products are invoiced in GBP sterling at the price prevailing at the time you place your order. Prices displayed on the Website include Value Added Tax which will be charged at the current rate. Delivery is charged extra.
Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to online purchases only. They are not indicative of the prices of identical items purchased in our shop or by any other means. We reserve the right to update prices displayed on the Website from time to time.
Payment
You may pay for the items which you order online by supplying your credit/debit card details on the secure online order form. We regret we cannot accept cheques, gift vouchers or cash as payment online.
When you place your order, our system automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this amount expecting a charge form us. Receipt of your credit/debit card details and debit of payment does not constitute our acceptance of your order.
Please note that we cannot guarantee the security of data when you send it to us by e-mail. Accordingly, please do not send us payment information using e-mail. For details of the security measures we employ please read our Privacy Statement. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
Delivery
We will send your order the day after you place it, (using an overnight carrier for deliveries within the UK) for delivery on Tuesday to Friday. Delivery to UK addresses outside England, Wales and lowland Scotland may take two days. Please take a little time to give an accurate delivery address, including number and postcode because without one we will not be responsible for any delivery problems that may follow. If you order a large quantity we may not be able to send your order the day after you place it. We will contact you by email using the contact details you supplied when placing the order if there will be a delay in delivery.
We aim to deliver overseas within 14 days. If you order items for delivery outside the United Kingdom they may be subject to import duties and taxes. These are levied once the items reach the specified destination. You will be responsible for any such import duties and taxes. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that for items you order through our Website you are considered the importer of record and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
If there is no one to take delivery of the items and you ask for the package to be left in a safe place it is left at your own risk.
Next day delivery will be subject to availability and to our courier’s terms and conditions.
Cancellations
If you wish to cancel your order, please contact us as soon as possible. We try to process orders immediately and it may not always be possible to prevent an order from being despatched. If your order has already been despatched you may return the items to us in accordance with our Returns Policy (below).
Please note that once we have despatched items to you, you will not be able to cancel any contract you have with us for additional services carried out by us.
As soon as we receive notice of your cancellation of an order for an item we will refund the relevant part of the purchase price for that item. We cannot refund any priority, express or courier charges made.
Right to withdraw purchases within ‘’cooling off’’ period.
If you live in the European Union you have a right by law to withdraw from the purchase of any item within a ‘’cooling off’’ period of seven working days starting on the day after the item is delivered to you (‘’Cooling-Off period’’). This right applies to all items advertised on the Website except for:
• perishable goods and other items likely to expire rapidly (e.g. hampers and gift boxes containing such items and other food and beverage items);
• sealed items where the seal has been broken
Returns
Items damaged in transit
If you take delivery of a package from us and the contents have been damaged in transit, we will exchange the damaged items without charge to you provided you notify us within 3 days of receipt of the package and return the damaged item(s) to us within 30 days of taking delivery.
Defective items
You have the right to return a faulty item within a reasonable time
Incorrect items
If we send you an incorrect item, please notify us within 3 days of receipt of the package and return the incorrect item to us and specify the correct details in writing. If you would like us to replace the incorrect item with the item you ordered we will send you the correct item as soon as possible once we have received the incorrect item. We will not charge you for the incorrect item and will reimburse your reasonable costs in returning it.
Costs
We will reimburse any reasonable costs you incur in returning the following items to us:
• items we delivered to you in error;
• items which were damaged upon delivery or are defective or incorrect;
You will be responsible for the costs of returning items to us in all other circumstance, (including if you exercise your right to withdraw your purchase in the Cooling-Off Period)
If we do not receive the original item back from you with the delivery slip, we may arrange for collection of the item from the delivery address at your cost.
Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage.
Losses
We will be responsible for any losses you suffer as a direct result of us breaching these On-line Shopping Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract for sale of items by us to you was formed (i.e. at the point we send the Despatch Confirmation E-mail to you). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our liability to you under these On-Line Shopping Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these On-Line Shopping Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence.
Events beyond our reasonable control
We will not be responsible to you for any delay or failure to comply with our obligations under these On-Line Shopping Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
Alterations to this Website and Terms and Conditions
We reserve the right at any time to make changes to this Website, these On-Line Shopping Terms and Conditions, Privacy Statement and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order items from the Website. Changes that we are required to make by law could apply to orders that you have already made. If any of the terms and conditions forming the contract between you and us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.
Waiver
If you breach these On-Line Shopping Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing Law and Jurisdiction
These On-Line Shopping terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.