Delicatezza's Terms & Conditions
Last updated: August 2019
This page (together with the documents expressly referred to on it provides you with information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (“our site”, “Website”) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Delicatezza.
These Terms, and any Contract between us, are only in the English language.
For your records, please also print or save these terms and conditions for your future reference.
- 1.1 These Terms and Conditions govern your relationship with Delectance Ltd., trading as delicatezza ("delicatezza", "we", "our" or "us"). We are a company registered in England and Wales with company number 8611013 and whose registered office is at 7 Tileyard Road, London, N7 9AH
- 1.2 We operate the Website www.delicatezza.co.uk.
- 1.3 To contact us, please refer to our Contact Form.
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- 2.1 We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the delicatezza Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from delicatezza or use the delicatezza Website. If you continue to use the delicatezza Website after the date on which the change comes into effect, your use of the delicatezza Website indicates your agreement to be bound by the new Terms and Conditions. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. If you do not agree with any of the revised Terms and Conditions please do not order from delicatezza.
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3(a) Registration and Use - Retail Customers
- 3(a).1 To order from delicatezza, you are not required to register with us and create an account. We offer a guest checkout route. If you use the guest checkout route you will have to provide us with certain details to be able to complete your order. These include, but are not limited to: your email, your billing and delivery address and your card payment details.
- 3(a).2 If you decide to register and create an account with us, this will not be a credit account. Payment will be required as part of the checkout process. This account can be set up by following the instructions on the Website.
- 3(a).3 To register with delicatezza you must be over eighteen years of age or.
- 3(a).4 You must ensure that the details provided by you on registration or at any time are correct and complete.
- 3(a).5 If you have created an account, you must inform us promptly of any changes to the information that you provided when registering by updating your details when logged in to your account, calling us on 020 7607 5556 or by contacting us using our Contact Form.
- 3(a).6 If you have not created an account, you must inform us promptly of any changes to the information that you provided when placing your order by contacting us using our Contact Form or by calling us on 020 7607 5556.
- 3(a).8 Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email.
- 3(a).9 Your use of our site is governed by our User Conditions. Please take the time to read these, as they include important terms which apply to you.
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3(b) Registration and Use - Wholesale Customers
- 3(b).1 In order to see our wholesale prices and place orders online you must have an activated wholesale account.
- 3(b).2 We will activate a wholesale account for you after collecting some basic details about you via email or via a phone call.
- 3(b).3 To register with delicatezza you must be over eighteen years of age or.
- 3(b).4 You must ensure that the details provided by you on registration or at any time are correct and complete.
- 3(b).5 If you have created an account, you must inform us promptly of any changes to the information that you provided when registering by updating your details when logged in to your account, calling us on 020 7607 5556 or by contacting us using our Contact Form.
- 3(b).6 A valid email is required to activate a wholesale account.
- 3(b).7 Our wholesale service is an online service that is set-up to take payments up front by debit or credit card.
- 3(b).8 Our wholesale terms and conditions incorporate all terms and conditions on this page.
- 3(b).9 Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email.
- 3(b).10 Your use of our site is governed by our User Conditions. Please take the time to read these, as they include important terms which apply to you.
- 3(b).11 You can apply for a wholesale account by filling out our application form.
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4. Password and Security
- 4.1 When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately by accessing your account through the Website.
- 4.2 If delicatezza has reason to believe that there is likely to be a breach of security or misuse of the delicatezza Website, we may require you to change your password or we may suspend or cancel your account.
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- 5.1 You must ensure that delicatezza are provided with details of a valid credit or debit card bearing either the Mastercard, Visa or American Express symbol.
- 5.3 We may also offer alternative payment options during the checkout process.
- 5.4 We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
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6. Product Purchases
- 6.1 You must be aged eighteen or over to purchase alcohol from delicatezza. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order. We reserve the right to refuse handing over any alcoholic products if we suspect you are not eighteen years of age.
- 6.2 You may submit orders for Products by using our online ordering facility on the Website. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
- 6.3 Each Product for which you click 'Add to basket' is added to a Shopping Basket facility. You are given the opportunity to review and amend the contents of the Shopping Basket, including removing items added to the Shopping Basket and amending quantities for each item in the Shopping Basket.
- 6.4 You will only be able to proceed to checkout (by clicking ‘Proceed to Checkout’ on the Shopping Basket page) once you have: (a) selected whether you want to collect from delicatezza or receive a delivery, (b) successfully checked that we deliver to your postcode, (c) selected a fulfilment date and time, (d) selected a delivery service and (e) removed any products not available for delivery by the selected delivery service.
- 6.5 After you have clicked 'Proceed to Checkout', but before you have paid for your purchase, the Website still allows you to review all the Products that you have already ordered from us and return to the store where you can make further amendments to the Shopping Basket.
- 6.6 No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you complete payment
- 6.7 Your payment of an order amounts to an offer to enter a Contract to buy the Products from us; you cannot then withdraw or cancel your order except as subject to clause 6.15 below.
- 6.8 If you place an order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
- 6.9 All orders will also be confirmed to you by email.
- 6.10 Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and for a small subset of Products we do not always know if they will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we will contact you and may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it. If we do not offer a substitute or you reject our substitute, we will remove the both the original Product and the substitute from your order so that you are not charged for them. We will, however, bear no liability for unavailability of Products.
- 6.11 Subject to clauses 6.13 and 6.14 below, the price that we charge you for the Products will be the price stated by us on the Website prior to you making payment.
- 6.12 All Products offered by us are subject to seasonal changes in supply levels and supply prices.
- 6.13 Some of our Products are priced by weight but only hand prepared once after we accept your order (for example, some cheese Products are hand-cut). Where this is the case, we will endeavour to provide the Product as close to the ordered weight as possible. Because these Products are hand prepared, the weight you receive may vary from the weight displayed on the Website at the time of the completion of your purchase. If the weight of the Product delivered to you exceeds the displayed weight, we will not charge you more for the additional weight. If the weight of the delivered Product is below the displayed weight, we will refund you the value of the price difference between the paid for weight and the actual weight. Where a product falls under this category of hand prepared products, we will prominently display relevant information on the Product page.
- 6.14 Some of our Products (for example, some cheese Products) are not prepared by hand or priced by weight, but will have weight variations between like Products. This is how delicatezza receives the Products from our third party suppliers. For these Products we will display an average weight on the Product pages. The weight you receive may vary from the weight displayed on the Website at the time of the completion of your purchase. If the weight of the Product delivered to you exceeds the displayed weight, we will not charge you more for the additional weight. If the weight of the delivered Product is below the displayed weight, we will refund you the value of the price difference between the paid for weight and the actual weight.
- 6.15 We will fulfil (deliver) an order to you (subject to clause 6.10) unless we receive from you a cancellation of your entire order that we are able to meet. You remain responsible for ensuring that any such cancellation is not only transmitted by you, but received by us. We reserve the right to deliver and charge in full for any order where we cannot meet the cancellation request. Any payments you have made for orders which have been properly cancelled will be re-credited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with clause 10.3 below insofar as the order is for non-perishable Products or contains non-perishable Products.
- 6.16 Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been fraudulently used, then you should approach your card issuer for re-credit to your card.
- 6.17 For our retail customers, you warrant that you shall not re-sell any of the Products purchased from delicatezza. For our wholesale customer this warrant is waived.
- 6.18 For our retail customers, all prices for Products are inclusive of any applicable VAT at the applicable current rate chargeable in the UK. For our wholesale customers, prices are displayed net of VAT on the collection pages and inclusive of VAT on the product pages. Where a product is VAT rated, we make this very clear on either the collection or the product pages.
- 6.19 The prices of our Products do not include delivery fees. Our delivery fees are as quoted on our Website. To check relevant delivery charges, please refer to our Delivery Information. Delivery fees will be added automatically, where applicable, in the Shopping Basket page depending both on the value of the items in your basket and the delivery service selected by you.
- 6.20 The images of the Products on our site are for illustrative purposes only, although we have made every effort to display the products accurately. Your Products may vary slightly from those images.
- 6.21 The packaging of the Products may vary slightly from that shown on images on our site.
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7. Delivery of Products and Inspection by You
- 7.1 We will fulfil your order based on the fulfilment service you select on the Shopping Basket page. Unless you are collecting your order from our offices, we will deliver your order to the delivery address you confirm on page 1 of 2 of the Checkout pages.
- 7.2 We reserve the right not to deliver to all locations and we will tell you via our postcode checker in the Shopping Basket page whether we deliver to your postcode.
- 7.3 It is your responsibility to enter a valid and accurate postcode into our postcode checker before you click ‘Proceed to Checkout’ on the Shopping Basket page.
- 7.4 We do not perform a postcode check for the purposes of determining whether we deliver to that district as part of our Checkout pages. It is your responsibility to enter a delivery address postcode that coincides with a postcode we deliver to.
- 7.5 If you proceed to purchase an order using a postcode to which we do not deliver to, we will cancel your order and inform you of the cancellation. You will not be charged for your order or for any delivery fees.
- 7.6 Delicatezza reserves the right to charge a delivery fee for orders. This fee can vary depending on the value of the Shopping Basket, delivery location or delivery service. We will always inform you what delivery fee applies to the current items in your Shopping Basket on the Shopping Basket page. Any delivery fees will also be displayed as a line item on your order email confirmation and on the paper payment receipt you receive with your order.
- 7.7 Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK (subject to clauses 7.2 through 7.6).
- 7.8 You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that you give us instructions to leave your delivery in a safe place, we will not accept liability for the order once we have delivered it to the safe place. In the event that a delivery is stolen from your doorstep or damaged while our delivery person is there, we do not accept liability, and will offer compensation at our discretion.
- 7.9 We reserve the right to refuse to accept orders from any customer. Considerations of delivery problems may give rise to such a refusal.
- 7.10 Any changes to your delivery details must be received by us as soon as possible in order for us to try and meet those change requests. You remain responsible for ensuring that any such change is not only transmitted by you, but received by us.
- 7.11 We endeavour to keep your delivery day the same, but we reserve the right to change it and will tell you if we do so.
- 7.12 If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.
- 7.13 We will refund you for incorrect Products (Products that you have not ordered and substitutes for those Products which you have not accepted) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in clause 11 below.
- 7.14 You must inspect the Products at delivery. You must notify us as soon as possible after delivery if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in clause 11 below.
- 7.15 If nobody is home when we deliver your order using our own vans, and you have not provided us any specific delivery instructions, we will either return the order to our facilities or try to leave the order with a neighbour. If we return the order to our facility, we will contact you to attempt redelivery. We reserve the right to impose a delivery fee on the redelivery that is no more than the maximum delivery fee we can charge to other customers in your postcode, even if your order had any delivery fees waived originally. We also reserve the right to take payment over the phone for the redelivery.
- 7.16 If nobody is home when your order is delivered by one of our courier services, multiple free of charge delivery attempts may be made by the courier. You will receive an email notifying you that the parcel has been handed over to our courier along with an expected delivery date and time. You will be able to track, rearrange and provide additional instructions directly with our courier. If your order includes chilled products, it is your responsibility to be at the designated delivery address on the date and time of delivery. Delicatezza will not be responsible for the condition of chilled products due to unsuccessful deliveries because you are not at the designated delivery address on the day of delivery.
- 7.17 Where we deliver using a courier service, we will endeavour to pack products as carefully as possible to ensure no damage or breakage to both packaging and the interior product.
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8. Excluded Services
- 8.1 It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
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9. Availability of the Website
- 9.1 Although delicatezza aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us using our Contact Form and we will correct the fault as soon as we reasonably can.
- 9.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email (firstname.lastname@example.org) or telephone (020 7607 5556).
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10. Cancellation Rights and Refunds
- 10.1 Delicatezza may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. If we do so, you must stop using delicatezza’s services.
- 10.2 You can cancel your account with us at any time by informing us in writing. If you do so, we will delete your account. You may, however, choose to continue using delicatezza's services following this cancellation.
- 10.3 The suspension or cancellation of your account shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
- 10.4 In the case of non-perishable Products only, our customers who are consumers (being those customers ordering the Products outside of the course of their business or trade) have the right to cancel the order and contract for those Products at any time until the expiry of the 14th day after the date of delivery of the Products by notifying us by telephone (020 7607 5556), email (email@example.com) or post (delicatezza, 7 Tileyard Road, London, N7 9AH). Saturdays, Sundays and public holidays are included in this period.
- 10.5 In the case of perishable Products, you do not have the right to cancel the order or contract as per the deadlines set out in clause 10.4. However, you have additional rights as set out in clause 11.2, which include both perishable and non-perishable goods.
- 10.6 We will arrange with you to collect or have you return any such non-perishable goods.
- 10.7 We will credit your payment card with the price (if any) that you have paid for cancelled products less our reasonable costs in collecting the goods.
- 10.8 Where we have assessed reasonable costs for the cancelled products, we will be transparent in the costs and agree them up front with you.
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11. Warranties and delicatezza's Liabilities
- 11.1 Whilst delicatezza tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see clause 12, below), delicatezza may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
- 11.2 We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with clause 7.14. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
- 11.3 The warranty in clause 11.2 above does not apply to faults or defects which have been caused by your misuse and/or neglect of the Products or by accidents caused while the Products are in your possession.
- 11.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
- 11.4.1 any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
- 11.4.2 any losses which are not caused by any breach by us; or
- 11.4.3 business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
- 11.5 Subject to the provisions of clause 11.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
- 11.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
- 11.7 We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
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12. Gift Vouchers
- 12.1 The delicatezza gift voucher is not a cheque guarantee, credit or charge card.
- 12.2 The delicatezza gift voucher cannot be redeemed via telephone or mail-order.
- 12.3 You may use the delicatezza gift voucher to make purchases on the delicatezza website.
- 12.4 When you use the delicatezza gift voucher on the delicatezza website, the value of your code will be deducted from the total amount of your shopping basket on the checkout pages.
- 12.5 You redeem the value of your delicatezza gift voucher by entering your unique voucher code on the checkout pages.
- 12.6 The delicatezza gift voucher cannot be used to pay for any applicable delivery fees. You will have to pay separately for any applicable delivery fees.
- 12.7 The delicatezza gift voucher can only be used once up to a maximum of the full value of the gift voucher.
- 12.8 If the full value of the delicatezza gift voucher is not used as part of a single purchase, the remaining value is forfeited by you.
- 12.9 The delicatezza gift voucher cannot be redeemed or exchanged for cash.
- 12.10 Refunds will not be given for the purchase of a delicatezza gift voucher.
- 12.11 If the delicatezza gift voucher is not used within 12 months of its issue date, the gift voucher will automatically expire at the end of that period.
- 12.12 The delicatezza gift voucher is like cash. Lost, stolen or damaged vouchers cannot be replaced.
- 12.13 All refunds of goods or services purchased with the delicatezza gift voucher will be made in accordance with delicatezza's Refund Policy. This does not affect your statutory rights.
13. Discount Codes, Sale Items, Giveaways & Competitions
- 13.1 Delicatezza may offer you discount codes as part of promotions, a response to customer complaint, in lieu of a monetary refund for certain products or for any other reason.
- 13.2 Discount codes are not cheque guarantees, credit or charge cards.
- 13.3 The discount codes cannot be redeemed via telephone or mail-order.
- 13.4 You may use the discount codes to make purchases on the delicatezza website.
- 13.5 When you use discount codes on the delicatezza website, the value of your code will be deducted from the total amount of your shopping basket on the checkout pages.
- 13.6 You redeem the value of your delicatezza gift voucher by entering your unique voucher code on the checkout pages.
- 13.7 Discount codes cannot be used to pay for any applicable delivery fees unless the discount specifically covers delivery fees. You will have to pay separately for any applicable delivery fees if the discount code does not cover delivery fees.
- 13.8 Discount codes can only be used once up to a maximum of the full value of the discount code.
- 13.9 Only one discount code can be used for any single purchase.
- 13.10 If the full value of the discount code is not used as part of a single purchase, the remaining value is forfeited by you.
- 13.11 Discount codes cannot be redeemed or exchanged for cash.
- 13.12 Discount codes may carry a expiry date. If the discount code is not used within the expiry period, the discount code will automatically expire at the end of that period.
- 13.13 Discount codes, unless otherwise stated, are not applicable to Delivery Charges, Multibuys, Wholesale Products, Gift Vouchers & Alcohol.
- 13.14 All refunds of goods or services purchased with discount codes will be made in accordance with delicatezza's Refund Policy. This does not affect your statutory rights.
- 13.15 From time to time, delicatezza may put products on sale and sell them to you at a discount. The product page will clearly indicate that an item is on sale and both the previous price (crossed out) and the sale price will be displayed to you.
- 13.16 Delicatezza may put products on sale either as part of a general offer or as part of a reduction when items are nearing their use by date.
- 13.17 Delicatezza may, from time to time, giveaway products or paraphernalia as part of sales promotions or competitions. Such items will be eligible to be given away as long as they are advertised on our site, irrespective of where else they have been advertised.
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14. Gift Hampers
- 14.1 We reserve the right to replace items within a gift hamper with similar products in the case that these items are out of stock. We will endeavour to select replacements that are similar in value and in content.
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15. Your Statutory Rights
- 15.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
- 15.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
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16. Applicable Law
- 16.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
- 16.2 We both agree to the exclusive jurisdiction of the courts of England and Wales.
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- 17.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
- 17.2 If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- 17.3 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
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- 18.1 Individuals that prepare all fresh food listed on our Website may come into contact with wheat, gluten, corn, celery, celeriac, soya, sulphur dioxide, sulphites, milk, seafood (both fish and crustaceans), eggs, fruit, legumes, mustard, sesame seeds and nuts.
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20.1 We advertise average weights for certain products, for example cheese and meats. Prices for these products are not listed per kilogram. The prices listed for these products are the final prices for the product.
20.2 If you order a product that has, for example, an average weight of 2kg advertised, you might get slightly more or slightly less. We will never charge you extra where we deliver a product and the weight is above the advertised average. We will not normally offer a credit or refund where we deliver a product and the weight is below the advertised average. We believe that over a long time these weight differences will average themselves out. If you get a large discrepancy in weight with a particular product, let us know and we will work with you to find an acceptable resolution.
20.3 In order to see our wholesale prices and place orders online you must have an activated wholesale account.
20.4 We will activate a wholesale account for you after collecting some basic details about you via email or via a phone call.
20.5 A valid email is required to activate a wholesale account.
20.6 Our wholesale service is an online service that is set-up to take payments up front by debit or credit card.
20.7 Our wholesale terms and conditions incorporate all terms and conditions on this page.
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