DESCRIPTION AND QUALITY:
Every effort is made to strictly conform to description and quality, but we reserve the right to substitute any goods which may not be available, for any reason, in which case we are most particular to give equal or better value.
All claims for damage or loss caused in transit will be met in full provided that goods are signed for upon receipt as either ‘damaged’ or ‘unexamined’ and the carriers and ourselves are informed at once and confirmed in writing within three days of delivery. Unsatisfactory goods will always be replaced or payment refunded. Damaged goods must be retained for inspection and it may be required they be returned to us at our expense before replacement or refund, this being at our option. Returned goods must clearly show the full name and address of the sender. Our liability is limited to the selling price of the goods in all cases.
Every effort is made to carry out the contract but its performance is subject to cancellation or variation as may be necessary as a result of an Act of God, War, Strike, Lockout, Labour Dispute, Fire, Flood, Drought, snow and Ice or other cause beyond the control of Annie Wharton.
RESERVATION OF TITLE:
The legal title to any goods supplied or delivered to the buyer does not pass until they have been conditionally paid for in full. Until payment in full has been made, the buyer will be the bailee only of the goods and shall keep the goods for Annie Wharton in an identifiable way. In the event of any proceedings being commenced involving the insolvency of the buyer, the right of the buyer to deal with the goods shall immediately cease and Annie Wharton shall be entitled to recover or trace any goods or the proceeds of sale in the buyer’s hands or in the hands of any trustee in bankruptcy, liquidator or receiver and for that purpose may enter any premises of the buyer in which Annie Wharton shall believe the same to be. Notwithstanding the foregoing, the risk passes to the buyer on delivery who shall insure the goods for their full value.
If VAT or other relevant taxation changes, we reserve the right to adjust our prices accordingly.
- a) Consumers:
Orders can be cancelled up to 7 days prior to despatch, when a full refund, minus any administration costs, will be credited. Any orders cancelled with less than 7 days’ notice will be refunded less any charge for perishable goods, which cannot be resold.An order can be cancelled up to 7 days after receiving goods. Where this right is exercised you will be refunded the full amount minus the cost of any perishable goods, items which have been consumed and damaged items.This refund will take place within 30 days. Notification of cancellation must be in writing – letter, fax or email. You are responsible for the cost of returning the goods and goods must be returned within 10 days of notification of cancellation.
- b) Businesses:
The cancellation terms in (a) do not apply to anyone buying in their normal course of their business. If a business order is cancelled then it is at the discretion of Annie Wharton whether any credit is given. If goods have been specially ordered in by Annie Wharton. (e.g. for bespoke hampers) then no credit will be given to subsequent cancellation of the order.
Orders placed over the weekend will not be despatched until the Monday. The majority of deliveries are made by private courier. Orders are generally delivered Monday to Friday although Saturday deliveries can be arranged at an extra charge. All address information must be accurate, including the postcode, and the recipient’s telephone number. Annie Wharton cannot accept responsibility for late or non-delivery if recipient address and telephone details are insufficient or incorrect. Where the courier is unable to find someone to accept delivery they will either deliver to a neighbour or leave a card at the address for the recipient to make contact. If the recipient fails to make contact in good time, the goods are returned to Annie Wharton and a charge will be made for the return and for redelivery to the original or alternative address.The purchaser will also be charged for any items which have become unsuitable for sale and need replacing (perishable and chilled items like smoked salmon and cheese which have short shelf lives). Proof of Delivery of one or more hampers shall be good evidence of delivery of the specific hamper(s) requested by the customer and no question shall be raised as to delivery of individual items therein. Any shortfall of which you become aware must be notified to Annie Wharton within three days of receipt of goods. Where deadlines for ordering are stated, Annie Wharton cannot be held responsible for late deliveries resulting from orders received after the required deadline.
Annie Wharton is compliant with the Data Protection Act. When you order, we will receive personal/company details that will allow us to process and fulfil your order only. We will not pass on your details to anyone or any organisation and we will treat your details with complete confidentiality. We may occasionally send you promotional material relating to Annie Wharton and its associated businesses only. If you do not wish to receive such material you may contact us on 0790 155 5254.Your details will then not be used in any future mailings. The information we hold will be accurate and up to date.
You can check the information that we hold about you by contacting us. If you find any inaccuracies we will delete or correct them promptly.
These conditions, and all acts of Annie Wharton, its Directors and Employees, shall be governed and construed in every way in accordance with the Laws of England.
- Access to and use of the www.anniewharton.co.uk website (‘this site’) is provided by (‘us’ or ‘we’) subject to these site terms and conditions.
- Your use of any part of this site constitutes your acceptance of these site terms and conditions which take effect on the date on which you first use this site. We reserve the right to change these site terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site or any facilities available through it after changes are posted on this site constitutes your acceptance of the amended site terms and conditions.
- Whilst we endeavour to make this site available 24 hours a day, we will not be liable if for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.
- Any information found on this site or obtained as a result of you sending an email to this site is intended for general guidance only. It is not intended to be a substitute for specific business or legal advice. If you would like advice specific to your circumstances, please contact your professional advisor.
- We may change this site and anything described in it without notice to you.
- Whilst we endeavour to ensure that information on this site or obtained as a result of your email to this site is correct, no warranty, express or implied, is given as to its accuracy. In addition, whilst we endeavour to deal with your requests within a reasonable time, we give no warranty that we shall respond within a particular time frame.
- You do not pay for any advice detailed on this site. Consequently, except for death or personal injury resulting from our negligence, we shall not be liable for any damages or losses (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise:
7.1 from the use of or inability to use this site or any material contained in it or obtained as a result of using it; or
7.2 from any action or decision taken as a result of using this site or using any such material.
- We do not warrant that this site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of, this site or your downloading of any material from it or for any emails which we send to you.
- You shall not submit any material or information to us or to this site which is in any respect in breach of any statute, regulation or byelaw of any jurisdiction or which may breach the intellectual rights or privacy or other rights of any third party or which may be defamatory, obscene or indecent.
- You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any material, information or data submitted by you to us or to this site which is in breach of these site terms and conditions.
- We accept no responsibility for the content of any site to which a link from this site exists. The links are provided “as is” with no warranty, express or implied, for the information provided within them.
- In addition, when you supply any personal information, you shall be deemed to have accepted the terms of the Privacy Statement.
- These site terms and conditions shall be governed by and construed in accordance with English law.