TERMS AND CONDITIONS:
1.TERMS AND CONDITIONS OF SALE
For business customers, we will attempt to contact you (using the contact details you have provided) to discuss your requirements in detail.
2.YOUR PERSONAL DETAILS
3.YOUR ORDER STATUS
By placing an order with us, you are confirming to us that: you are a consumer and are purchasing our products for personal or business purposes; you are resident on mainland England, Scotland or Wales
How is the Contract Formed Between You and Us?
Forming the contract
The technical steps required to create a contract between you and us for the delivery of products are as follows: You must select the products you wish to order and a delivery date, and then go to our "Checkout". You will be guided through the "Checkout" process by a series of instructions. If you want to correct any errors you have made, you can use our functionality to go back and remove individual products from your order or empty your trolley and start again. You place an order on our website by clicking the "Buy Now" button at the end of the "Checkout" process. We will send you an automated message which will be shown to you on our website immediately after you have placed your order. This is not an acceptance of your order because we will have to carry out stock checks and changes may be done on the quantities or alternate brands/products if required. We will then send you a confirmation email to confirm that your order is being processed by us. Again,this is not acceptance of your order. If you require any information about orders you have placed with us, you can either log-in to your account here or contact Customer Services at 01224 480111.
4. AMENDING YOUR ORDER ONCE YOU HAVE PLACED IT
We will provide you with a cut-off time for amending your order before delivery. This time will be set out in the communications that we send to you. You may amend or cancel your order at any time before this cut-off time. Please see our "Cancellation, Refunds and Returns" section for further information about cancelling your order after this cut-off time. Any items added before this cut-off time will automatically form part of your order.
More details regarding the areas covered are mentioned in Delivery Policy section. We will confirm your booked delivery date and timeslot to you. If you have placed an order two or more days in advance of your selected delivery date then we will also try to send you a text/email or a call a few hours before the cut-off time, alerting you to it and reminding you of the scheduled delivery time of your order. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten and/or orders being left incomplete, and is part of our order confirmation process. Unless you have requested not to be contacted by text message, we may also send this reminder by text message to the mobile phone number you have given us when setting up your account. We will do our best to deliver your order to you in accordance with your booked delivery date and timeslot. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to reschedule your delivery timeslot and date. We will deliver to the address specified by you when you register with us. If you need to change your delivery address, you can do so at any time through the "Account Settings" feature on our website. You must do so if you move home so that we can deliver to the correct address. We may restrict deliveries in certain areas or remove certain areas from our delivery schedule altogether but we will always make this clear to you during our "Checkout" process. Any restrictions on deliveries of this type will not affect any existing orders. It is your responsibility to ensure that someone is available at your delivery address at all times during your booked timeslot. If nobody is at home when we attempt delivery, we will try to contact you by telephone. If we cannot do so, we will leave notice of attempted delivery and will try to contact you to rearrange the delivery. For reasons of security and food safety, we will not leave your order unattended at your address. We will not normally agree to leave your order with anyone at another address (for example, a neighbour). If we do agree to do so in exceptional cases, this is done at your own risk and we will not be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen. If your order is returned because we failed to deliver it to your delivery address within your booked timeslot, where we manage to make contact with you and agree a revised delivery date and timeslot, we will redeliver your order to you at no additional cost. If your order is returned because of something within your control (for example, if there is nobody at your delivery address within your booked timeslot to receive the order, we are entitled to charge you for the delivery charge for that returned delivery and the price of the perishable items contained in it. (For an explanation of what we mean by "perishable" - please see our "Cancellation, Refunds and Returns Policy" section 13.1). If you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen. Products are sold by us subject to availability and prevailing market conditions. We may limit the quantities of products (particularly those on special offer/or less in Stocks) delivered to any one customer if in our opinion the quantity ordered may jeopardise availability for other customers. If we do so, or if products you order are not available to us, we may offer a reasonable substitute. We will identify each substitute item to you on delivery and give you the opportunity to accept or reject each one at that time. If you reject a substitute, we will not charge you for it and will return it at our own cost. If you accept a substitute this may affect the price you pay for your order. You should check your order in full promptly on delivery. If your delivery is incomplete or includes products that you have not ordered, you must notify Customer Services promptly. We will not charge you for any products that you have not received or that you did not order except accepted substitutes.
6.PRICES AND PRODUCT INFORMATION
All of our product prices are inclusive of VAT.
The price of the products and our delivery charges will normally be as quoted on our website as at the time you use them. There are some exceptions to this position however, as set out below. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on our delivery booking page before you confirm your order. Our delivery charges are dependent upon a variety of factors including the value of your order, the date and time of your delivery and your delivery address, and may vary from week to week. We stock a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. If a product’s correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than our stated price, we will notify you when we deliver that product to you and you can choose whether you want to accept or reject the relevant product. If you reject the product we will not charge you for it and will return it at our own cost. If you accept it, we will charge the correct price.
7.PRICING AMENDMENTS TO YOUR ORDER
If you amend your order after you have placed it with us, you will be charged as set out below. If you add a new product which was not in your original order and which is not sold individually by weight we will charge the price stated to you for that product at the time you amend your order. If you add more of a product that was in your original order, and that product is not sold individually by weight, we will charge the price stated to you for that product at the time you placed your original order.
If you add a product which is sold individually by weight, we will charge you in accordingly. Please also note that as discounts and offers are available only for a limited period of time, any discount or offer which applied when you placed your original order may have expired and in that case will no longer apply if you make a later amendment to add more or new products.
8.PRODUCTS SOLD INDIVIDUALLY BY WEIGHT
Where products are sold individually by weight (such as certain fresh meat, poultry, fish, cheese, fruit or vegetables) the price of these products will be expressed per kilogram or in another appropriate unit of measurement. For some products sold individually by weight you may also be able to choose items within approximate weight bands, or of an approximate thickness or size. In each case, we will weigh the individual item to be delivered to you when we pick it for delivery, calculate the price for that item base on its actual weight and the price per kilogram (or other appropriate unit of measurement) in force at the time of picking, and charge you that price. The exact price and weight will be set out in the invoice that we send to you with your delivery. If we have changed the price per unit of measurement of a product sold individually by weight since you placed your order and you are not happy with the new price, you may reject the product on delivery. In that case, we will not charge you for it and will return it at our own cost.
If you accept a substitute product that we offer in place of a product ordered, we will charge you the price applicable at the time we pick your order for you.. The price will be set out in the invoice we send to you with your delivery.
10.MINIMUM ORDER VALUES
We normally require your total order (including any amendments) to equal or exceed £20 excluding delivery charges, otherwise we will not accept or will cancel your order. Product Information
The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product. Colours and appearances of products on computer, tablet or mobile device screens may vary slightly and may not accurately reflect actual products delivered. Product specifications may change from time to time which means that, if the specification has changed in the meantime, the information displayed on our website when you place an order may not reflect the product you receive.
Payment for all products must be by credit, debit or charge card. Authority for payment will be requested from your card issuer when you place your order with us. This is done by "reserving" an amount of money against the card you have used for payment. The amount that is "reserved" will be decided by us, in our absolute discretion, and will be either: the estimated amount of your order, including reasonable, approximate values for items whose price is determined by weight or is otherwise variable plus additional reasonable charges for carrier bags (charges for the use of carrier bags are required by law); or £1.00. Please note that the amount which is "reserved" may be different to the checkout total which is shown on screen at the time of checkout. The amount which is reserved is not spent by you until we "debit" your card with the full price of your order after delivery but will not be available to be used for payment to other parties. At the time payment is debited, the "reservation" will be cancelled, and replaced by the debited amount. In some cases, your card issuer may treat the final payment on delivery as a separate transaction to the "reservation". In the event that this occurs, the "reservation" will be cancelled, and the amount originally "reserved" will be released by your card issuer in line with your card issuer's timescales. If the order is cancelled, either by you or by us, then the "reservation" will be cancelled within 5 days of the order being cancelled, and the funds "reserved" will be released by your card issuer in line with your card issuer's timescales. Please note that the process of releasing the "reservation" is beyond the control of FDF (ABERDEEN) LTD T/A Fair Deal Foods and is dealt with by your card issuer. If you have any queries about this process, please contact your card issuer. Please note that the full price of your order may be different from both the checkout total shown on screen at the time of checkout and the amount "reserved" for the reasons set out above. Your payment receipt will set out how the full price has been calculated. We reserve the right to terminate our contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. We will attempt to contact you if this is the case. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining full payment from you in the event a failed payment occurs. This may include an administration charge of up to £50. We reserve the right at any time after a failed payment has occurred to ask a debt collection agency to assist in collecting payment from you.
12.DISCOUNTS AND OFFERS
We may offer discounts and offers from time to time at our discretion, for example "Buy One Get One Free" offers. All discounts and offers are subject to the relevant products being available to us and in stock when we pick your order for delivery. We reserve the right to amend or terminate any discount or offer at any time without notice (but this will not affect any orders that we have already accepted, as set out in How is the Contract Formed Between You and Us? Discounts and offers will normally be made in the form of codes to be used against your order with us. Only one code can be used per order, and cannot be used in conjunction with any other discount or offer. All such codes are case sensitive. We will always stipulate an expiry date for a discount or offer, which may be linked to the date of acceptance or delivery of an order. In such cases, to qualify your order must be accepted or delivered before the relevant expiry date.
13.CANCELLATION, REFUNDS, AND RETURNS POLICY
13.1 MEANING OF "PERISHABLE PRODUCTS"
For the purposes of these terms and conditions, a "perishable" product, is any product which has a "use by", "best before" or "BBE" date stamped on the product which expires 6 weeks or less from the date of delivery. If you have changed your mind and want to cancel, You may amend or cancel your order before the cut-off time we provide to you for doing so. You may not cancel your order of perishable products after this cut-off time except where you reject them for being defective, unwanted substitutes or in certain circumstances where the price has increased, or we have made a pricing error. Should you wish to cancel your whole order after this cut-off time, we may charge you for the full price of the perishable products contained in your order. If you want to cancel your order of non-perishable products in whole or in part after this cut-off time, you must notify Customer Services by email at the following address email@example.com within 2 days from the day after the day on which you receive your order. If you have not yet paid for such cancelled non-perishable products, then we will simply not charge you for them. If we have taken payment for it, we will give you a full refund of the price you paid for the cancelled products and any applicable standard delivery charges. We will process the refund due to you within 14 days from the date we receive the returned non-perishable goods or from the date you provide us with proof that the non-perishable products have been returned to us (whichever is earlier).
13.2 QUALITY GUARANTEE
There are specific products on our website which are labelled as having our Quality Guarantee. If you are not 100% satisfied with the quality of any of the products which have our Quality Guarantee, then you can reject the products as being defective and onwards below. Our Quality Guarantee does not apply to any products that have been recalled but this does not affect your legal rights in relation to recalled products. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
13.3 PRODUCT LIFE GUARANTEE
As part of our commitment to service excellence, we have a system which helps you to choose products with a sufficient product life. We will specify the "product life" for certain products on our website. This is the number of days, starting on the date of delivery, until the expiry of the "use by", "best before" or "BBE" date which is stamped on the product. Please note that if you do not choose a delivery slot before you fill your trolley, we will assume that the delivery date is the next day for the purpose of calculating the "product life". We will do our best to deliver products to you which have the "product life" we have specified, but there may be exceptions where we are not able to do so. If any of the products we have delivered do not meet this Product Life Guarantee, then you can reject the products as being defective. The products you sent to me were defective...
We are under a legal duty to supply products that are in conformity with this contract and each product is sold subject to its product description which can be found on the relevant page for that product.
If you think that any product you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then in the first instance please contact Customer Services who will do their best to assist you. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues. We will refund to you the cost of any product affected by such issues. To receive a refund of an affected perishable product though, you must notify us of any such issues before the expiry of the "use by", "best before" or "BBE" date stamped on the product. (For an explanation of what we mean by "perishable" please see section 13.1 above). The guarantees provided above are in addition to your legal rights in relation to products that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Returning Products Where I've Changed My Mind?
You must return any cancelled products to us as soon as reasonably practicable and, in any event, within 3 days of notifying us of the cancellation. In these circumstances, you must pay the costs of returning the cancelled products to us. Returning Products Where They Are Defective
To return defective products to us, please contact Customer Services who may at our discretion arrange for one of our couriers to come and collect the products from you. If you return a defective product to us, any refund we make will include your cost of returning the defective goods to us (up to a reasonable amount). You are under a legal obligation to take reasonable care of the products to be returned whilst they are in your possession. If you fail to do so, we may have a right of action against you for compensation or to reduce the amount of any refund to you. Where possible, we ask that you please return the products in their original packaging. Where this is not possible, please ensure that the products are packaged securely to help ensure that they reach us safely and in good condition.
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products and other losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure. Nothing in these terms and conditions excludes or limits our liability for: death or personal injury caused by our negligence fraud or fraudulent misrepresentation liability which may not be limited or excluded by section 31 (1) Consumer Rights Act 2015 defective products under the Consumer Protection Act 1987 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability
Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable). Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise. We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above). These terms are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. The European Commission provides for an online dispute resolution platform which you can access here: European Commission Online Dispute Resolution. If you have a complaint or would like to bring a matter to our attention, please contact our Customer Services team in the first instance. Customer Services
If you have any questions or complaints, please contact our
Customer Services team on 01224 480 111 or WhatsApp - https://wa.me/441224480111 Or email : firstname.lastname@example.org between the hours of 10.00 to 20.00 MONDAY to SATURDAY. Alternatively, please write to us at:
FDF (ABERDEEN) LTD T/A Fair Deal Foods
14 ST MACHAR ROAD
Information About Us
We operate our website www.myspiceshop.co.uk. Our full legal name is FDF (ABERDEEN) LTD T/A Fair Deal Foods. We are a public limited company incorporated in Scotland. Our registered company number is SC649387 and our registered address is 14 ST MACHAR ROAD, Aberdeen, Aberdeenshire AB24 2UU. Our VAT number is 340660229. Last revision date: AUG 2020