TERMS AND CONDITIONS OF TRADE (Last Updated : July 01 2021), London Caviar House Limited,UK.
This page, together with our Privacy Policy and Terms of Website Use, gives you 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).
The Products we sell are available to both personal and business customers. We refer to personal customers as “consumers”. We define a consumer as an individual who is buying our Products for his own private use which is a purpose wholly or mainly outside his business, trade or profession.
These Terms (and also our Privacy Policy and Terms of Website Use) 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.
By using www.thecaviar.co.uk site you agree to be bound by these Terms. If you refuse to accept these Terms, do not proceed to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 01 July 2021. The Terms applicable to each Contract with you will be the Terms in the version most recently amended before the date of the Contract.
These Terms and any Contract between us are only in the English language.
1. Information about us:
1.1 We operate the website www.thecaviar.co.uk. We are LONDON CAVIAR HOUSE LIMITED, a company registered in England and Wales under Company Number – 13336711 and with our registered office at 22 Burkitt Street, Kings Lynn,Norfolk,United Kingdom PE30 2AX. Our trading address : 9 Riverside Business Centre, Cross Bank Road,Kings Lynn, United Kingdom PE30 2HD.
Our EORI Number – GB081664011000. Bank Information : TSB Bank, Sort Code: 77-66-52.
1.2 Contacting us if you are a consumer: a) To cancel a Contract in accordance with your legal rights to do so, please see clause 9 b) You can e-mail us at shop@thecaviar.co.uk or contact our Customer Services team by telephone on 07888406513 or by post to London Caviar House Limited, 22 Burkitt Street,Kings Lynn,Norfolk, PE30 2AX . If you are emailing us or writing to us please include details of your order to help us to identify it. c) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 020 7723 8009 or by e-mailing us at shop@thecaviar.co.uk d) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. 1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 07888406513 or by e-mailing us at shop@thecaviar.co.uk If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2. Our products:
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the packaging and colours accurately, we cannot guarantee that your computer’s display will accurately reflect the Products as they actually appear. Your Products may vary slightly from those images.
2.2 The Products we depict on an “invitation to treat” basis include food items such as caviar and caviar products all of which are perishable having limited shelf lives and need to be kept refrigerated at all times.
2.3 The packaging of the Products may vary from that shown in images on our site.
3. Use of our site:
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information:
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5. If you are a consumer:
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. If you are a business consumer:
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and our Privacy Policy and Terms of Website Use constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
6.3 You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy or Terms of Website Use.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in a Contract.
7. How the contract is formed between you and us:
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. All orders are subject to acceptance and availability of the Product you require. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process and ensure that the information you include in your order is complete and accurate.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been ordered and dispatched (Dispatch Confirmation) and the anticipated delivery date. The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this with reasons by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8.Our right to vary these terms:
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and take note of which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of cancellation, return and refund:
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges).
9.2 This cancellation right does not apply in the case of:
a) Food Products because they have short shelf-lives, they must be kept refrigerated and they are liable to deteriorate rapidly;
9.3 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are defective or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Delivery:
10.1 All Products are normally available and will be dispatched within 24 hours of Dispatch Confirmation for next day delivery. It is our intention that in any event delivery will take place within 4 working days. Orders should be placed before 12:00 Monday to Friday (excepting public holidays in England). Orders for Food Products placed after Friday 12:00 will be delivered on the following Tuesday.
10.2 Weekend or rush orders are subject to notice by mail or telephone.
10.3 We will in any event refund the price paid for any Products and all delivery charges if you show that they are defective or damaged on delivery and if you return these to us as we explain in clause 9.
11. International delivery:
11.1 Unfortunately, we do not deliver to addresses outside the UK.
11.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
12. Price of products and delivery charges:
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges.
12.4 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. How to pay:
Very important – Our site does not process, store or have access to any data related to the details of your payment card.
All processing and storage of the specified data takes place exclusively on side of the payment – the PayPal service.
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard, American Express and Maestro.
13.2 All debit and credit card holders are subject to verification checks and authorization by the card issuer. If your card issuer refuses to authorize payment to us, we will not be liable for any delay or non-delivery of the Products.
13.3 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14 Our warranty for the products:
14.1 We provide a warranty that on delivery the Products shall be fit for consumption and free from defects.
14.2 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are defective or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15 Our liability if you are a business:
This clause 15 only applies if you are a business customer.
15.1 Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d) defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
15.3 Subject to clause 15.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16 Our liability if you are a consumer:
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
17. Events outside our control:
17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. Communications between us:
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 09:00 on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important terms:
19.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. 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. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
