1. INFORMATION ABOUT US
www.rjbalson.co.uk is operated by RJ Balson and Son c/o Billy Balson. We are registered in England and Wales under company number 07725065 and have our registered office at RJ Balson and Son, 9 West Allington, Bridport, Dorset DT6 5BJ.
2. ACCESSING OUR SITE AND ACCURACY OF YOUR INFORMATION
2.1 You are provided with access to our Site in accordance with the Terms on a temporary basis. We reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable to you or any third party for any modification to, or withdrawal of, the Site or if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all of our Site or close it indefinitely.
2.2 You are responsible for making all arrangements necessary for you to have access to our Site. You warrant that all personal information (the details provided by you on any registration/placing of an order) is true, accurate and complete in all respects and that you will notify us immediately by emailing email@example.com or writing to CUSTOMER SERVICES, RJ Balson and Son, 9 West Allington, Dorset DT6 5BJ, of any changes to such information.
2.3 You agree not to impersonate any other person or identity or to use a false name or name that you are not authorised to use.
3. SERVICE AVAILABILITY
Our Site is only intended for use by people resident in the United Kingdom. Unfortunately we cannot accept orders from individuals either for delivery to areas outside Zones A – D on the Delivery Map PDF (found in the delivery section of this Site).
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Site, or the use by any other person accessing the Site using your account and/or your personal information.
5. THIRD PARTY LINKS
5.1 To provide increased value to you, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
5.2 We cannot give any undertaking that products you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge and agree that we are the owner or the licensee of all copyright, trademarks and all other intellectual property rights in our Site, and in the material or content published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. You are permitted to use this material and content only as expressly authorised by us.
6.2 You acknowledge and agree that the material and content contained within this Site is made available for your non-commercial personal use only. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference only on to one hard drive for such personal and non commercial purpose.
6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
6.5 If you print off, copy or download any part of our Site in breach of the Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. COMPLIANCE WITH LAWS AND ACCEPTABLE USE
7.1 This Site may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Site and any transactions conducted on or through it. You may not use our Site: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm minors in any way; (d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs, malicious material or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.2 You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
7.3 You agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms; and/or (b) Not to access without authority, interfere with, damage or disrupt any part of our Site; any equipment or network on which our Site is stored; any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.
8. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Site, or by anyone who may be informed of any of its contents.
9. OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change/update the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update it.
10. OUR LIABILITY
10.1 Subject to clause 10.2, if we fail to comply with these Terms we shall only be liable to you for the purchase price of the relevant products.
10.2 The material displayed on our Site is provided without any guarantees, representations, endorsements, conditions or warranties (express or implied) as to its accuracy. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
(b) Any and all liability, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations).
(c) Any and all liability in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) otherwise arising out of or in connection with the Terms or use of, or inability to use, the Site for:
- any economic losses (including without limitation loss of income and/or revenues)
- loss of profits and/or contracts;
- loss of business;
- loss of anticipated savings;
- any loss of goodwill or reputation;
- loss of data or content or material;
- wasted management or office time;
- any special or indirect losses or damage.
10.3 This clause 10 does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law. This clause 10 does not affect your statutory rights as a consumer.
11. INFORMATION ABOUT YOU, YOUR STATUS AND YOUR VISITS TO OUR SITE
12. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US/ORDERING
12.1 Before placing an order you will be able to view a summary of your shopping basket and correct any errors/make changes before pressing “submit”.
12.2 After placing an order, a printable web page will acknowledge receipt of the order and you will receive an e-mail (in English) from us acknowledging that we have received your order and detailing the products that you have ordered. Please note that this is not an order confirmation and it does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. We may choose not to accept an order for any reason. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product will be dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
12.3 The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
13. PRICE AND PAYMENT
13.1 The price of the products shall be that stipulated on the Site. The price on the Site is inclusive of VAT and excludes delivery charges. The delivery charges are subject to the postal address for your delivery as specified in your order (the Delivery Address) as set out below:
13.2 The total purchase price, including VAT and our delivery charges will be displayed in your shopping cart prior to confirming the order.
13.3 Payment of the price plus VAT and delivery charges must be made at the point of ordering. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of any product until payment has been received.
13.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
13.5 Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
13.6 Payment for all products must be by made by secure PayPal and payments will be processed in accordance with the terms and conditions of PayPal.
14.1 Products are subject to availability and prevailing market conditions. We reserve the right to restrict delivery in certain areas.Title in the products shall not pass to you until payment of the price has been made in full.
14.10 We will not be liable (whether in negligence or otherwise) for damage to your delivery or loss, mis-delivery or non-delivery of your delivery or any part of it unless you (a ) notify us in writing of this within 2 working days of the date of delivery (or the due date for delivery if the order has been lost or mis-delivered) and (b) make a written claim against us within 14 days of the date of delivery (or due delivery if appropriate). We
14.2 Delivery of the products shall be made to the Delivery Address in your order and you shall make all arrangements necessary to take delivery of the products whenever they are tendered for delivery unless you have selected “Signature Waiver” when ordering your products. It is your responsibility to ensure that an appropriate person is available at the Delivery Address at all times during the time for delivery. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us or our courier. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. If you have selected “Signature Waiver” this means we can leave your order at the Delivery Address, or as instructed in your order, despite noone being present/available to take delivery of it.
14.3 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case, we will try to contact you as soon as we can to reschedule your delivery time and date.
14.4 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items in your order and the cost of delivery.
14.5 We will only make deliveries when an appropriate person is able to receive the delivery. If you instruct us to leave a delivery unattended at your address, or further to instructions in your order, or if you select the “SIgnature Waiver” option, we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
14.6 If our delivery requires equipment or labour in excess of the driver to be unloaded at the Delivery Address, you warrant that such equipment or labour will be provided at the Delivery Address. If the driver assists you in unloading the delivery such assistance is at your own risk and you will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, lossed, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of assistance by our courier unloading your delivery.
14.7 Subject to any note below – we aim to dispatch all products on a Wednesday provided your order is placed and payment is made by 6pm (UK time) on the preceding Tuesday. By way of example, an order placed and paid for by 5pm on Tuesday 24 January 2012 will be dispatched on Wednesday 25 January 2012. An order placed on Wednesday 25 January 2012 will be dispatched on Wednesday 1 February 2012. We aim for all orders to be delivered by UKMAIL to the Delivery Address between 9 am and 5pm on the first Thursday following dispatch. Risk in the products shall pass to you upon delivery of the products, or where you fail to take delivery at the agreed time, at the time delivery was attempted. When you receive your order, please refrigerate the products within it immediately.
14.8 We can’t guarantee the timing of delivery. If we make two failed attempts to deliver your order we may charge you an additional sum for each subsequent attempted delivery to you, whether successful or not. Time of delivery shall not be of the essence and we shall not be in breach of these terms or liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
14.9 We will not be liable for any loss, misdelivery, non-delivery or delayed delivery of or damage to your order or otherwise for any failure or delay in the performance of or obligations under these Conditions due to any event beyond our reasonable control including without limitation: (a) where a “Signature Waiver” service is requested or where written instructions are given to leave goods in a location, liability for any subsequent loss or damage will be declined; (b) delay or cancellation of ferries, flights or railway ransport; (c) failure by you to accept delivery; (d) delays in or refusal of customs clearance; and/or (e) any act of God, war, riot, commotion, malicious damage, strike, blockade, lockout, other industrial disputes, compliance with law or governmental order, rule, regulation or direction seizure, national emergencies, fire, flood, tempest or storm, breakdown of plant or machinery, default of supplies (uncluding without limitation, fuel) or sub-contractors.
15. CANCELLATION AND RETURN
15.1 Unfortunately due to the perishable nature of the products, once you have submitted your order, you have no right to cancel any order.
15.2 You must inspect the goods immediately on delivery and notify us with 24 hours of receipt by email to firstname.lastname@example.org or by phoning 01308 422638 of any dissatisfaction with your order. Where a claim of defect or damage is made, the products must be returned in the original packaging by you to us at your own cost to arrive at RJ Balson and Son, 9 West Allington, Bridport, Dorset DT6 5BJ within the best before date on the product. You shall be entitled to a replacement or a full refund plus any documented and reasonable return postal charges if the products are, in the reasonable opinion of RJ Balson and Son, defective and/or damaged.
15.3 We will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
15.4 Products to be returned must clearly show the order number obtained from the Supplier on the package and you must include the return sheet with the products.
16. OUR RIGHTS
16.1 We reserve the right to:
(a) periodically update prices on the Site, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order (b) withdraw any products from the Site at any time; and (c) withdraw or suspend any promotional or offer code at any time.
16.2 We shall not be liable to anyone for withdrawing any product from the Site or for refusing to process an order.
17. LINKING TO OUR SITE
You may not link to our Site.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
20. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to B Balson at email@example.com or Customer Services, RJ Balson and Son, 9 West Allington, Dorset, DT6 5BJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of a letter. 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.
No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
25. EVENTS OUTSIDE OUR CONTROL
25.1 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 events outside our reasonable control (Force Majeure Event).
25.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: accidents; acts of God; shortage or unavailability of raw materials; strikes, lock-outs or other industrial action; 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; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; failure of any communication, telecommunication or computer system; breakdown of plant or machinery; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
25.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
26. ENTIRE AGREEMENT
These Terms govern our relationship with you. Any changes to these Terms must be in writing and signed by both parties. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Terms shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
28. YOUR CONCERNS AND ANY COMPLAINTS
If you have any concerns about material which appears on our Site or any complaints, please contact firstname.lastname@example.org.