TERMS & CONDITIONS FOR DISTANCE SELLING CUSTOMERS
Please read this carefully. By completing the purchasing processes you are agreeing to be bound by the terms & conditions shown below and which will apply to all distance selling transactions. These terms and conditions do not affect your statutory rights.
1. FORMATION OF CONTRACT (Distance Selling Purchases – Online/Telephone/Postal)
1.1 This web site is operated by Gastro Nicks Limited (“we”, “us” or “our”). By using the gastronicks.co.uk website, or in ordering via telephone or by post, you are bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions. The Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use.
1.2 All requests to order items from Gastro Nicks shall be provisional and non-binding until the point of dispatch. For the avoidance of doubt a contract between the parties shall not be established until this takes place.
1.3 You must be 18 years or over and to participate in the Gastro Nicks online order service.
1.4 Your email address is essential in order for us to be able to supply you with important information such as Order Confirmations, and changes to the service. By registering with gastronicks.co.uk you accept that your email address may be used to supply you with such information.
1.5 We strive to have adequate stock of all items shown for sale on our website, and that stock levels are current. Some items may, however, sell faster than we expect, and although we always try to get stock replenished, this is not always possible due to long lead times required by some suppliers and the uniqueness of our products. We will endeavour to provide the most up to date information regarding availability and will do our best to ensure you get the items you wish. Where this is not possible we will try to offer an alternative product, however cannot guarantee that the price will be the same as that on the original order, and an additional payment may be required. Gastro Nicks accepts no liability arising from our inability to supply goods due to lack of stock other than returning any payments made to you.
1.6 We will confirm acknowledgement of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. We will deduct monies from your credit card, and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.7 Alcoholic drinks can be purchased on this web site for delivery solely within the United Kingdom. By agreeing to these terms and conditions, you confirm that if purchasing alcohol you are of at least the minimum legal age required to purchase and consume alcohol. Pursuant to the Licensing Act 2003 it is an offence for any person in the United Kingdom under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000.
1.8 With the exception of goods referred to in clause 1.8(b), the price of the goods will be as quoted on the web site at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged for the added items will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
1.8 (b) Where items are ordered and sold individually by weight (such as certain fresh meat, poultry, fish etc) the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed. The price you will be charged will be the price at the time the order is placed.
1.9 Where applicable, prices include Value Added Tax at the current rate.
1.10 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
1.11 If your order weighs more than 25kg then we reserve the right to contact you with a bespoke delivery charge.
1.12 Every effort has been made to ensure that the specification and description of all items is correct on our website. Please be aware that vintages of wines may change as the year progresses.
2.1 We accept all major credit/debit cards: Visa, Visa Electron, Mastercard, American Express and Maestro and Paypal.
2.2 Please note that items paid for by credit/debit card will be authorized for payment at the point the order is placed, however will not be charged for until the order is dispatched. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. In some instances, your credit card company or bank may restrict your funds as a result of the authorisation, allocating the monies for this order, which will be drawn on when we take payment. Gastro Nicks does not receive any monies from your bank or credit card company until we draw down the funds at the point of dispatch.
2.3 Paypal requires actual payment at the point of purchase. If the order is cancelled for any reason by either party, Gastro Nicks will refund the value of the cancelled goods via Paypal. Gastro Nicks accepts no liability arising from our inability to supply goods due to lack of stock other than returning any payments made to you via Paypal.
2.4 Cheques will be banked when the order is processed. For your own protection, we respectfully request that you do not send cash in the post. Goods may not be dispatched until cleared funds have been received, and this may take up to ten working days.
2.5 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs for goods dispatched to you.
3.1 Every effort is made to ensure that prices shown on the Gastro Nicks website are accurate at the time you place your order. If any discrepancy is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If we do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card, or Paypal, for the goods.
4.1 Delivery will be made to the address specified by you during the order process on the website. You have the ability to change this address with each order through the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 All of our deliveries require a signature on receipt. It is your responsibility to ensure that an appropriate person is available at the delivery address on the delivery day. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us or an appointed courier. We will leave notification of delivery and you will have the option to rearrange delivery or collect your order from the local Post Office sorting centre/ Parcelforce Sorting centre or another appointed courier as noted on the delivery card.
4.3 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 endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 12 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.4 We will ordinarily only make deliveries when an appropriate person, or a named person and address nearby (e.g. neighbour), is able to receive and sign for the delivery. This does not affect your statutory rights.
4.5 Subject to stock availability, we aim to dispatch within 5 working days of processing the order (orders placed on Friday, Saturday or bank holiday will take slightly longer).
Delivery charges to international addresses will vary according to destination. We can only accept payment by credit card for international orders.
Unfortunately we have no control over local customs authorities and cannot be held responsible should they wish to confiscate any particular items, delay shipment or charge import duty. Please check this prior to placing any order.
VAT at the current rate will be deducted at the time of order for those residing in countries outside the EU.
VAT may be deducted from BFPO addresses within the EU subject to receipt of a ‘Certificate of entitlement’, and from BFPO addresses outside of the EU following a direct request from the customer within 3 months of the time of the supply of the goods.
6.1 Alcoholic drinks can be purchased on this web site for delivery solely within the United Kingdom. By agreeing to these terms and conditions, you confirm that if purchasing alcohol you are of at least the minimum legal age required to purchase and consume alcohol. Pursuant to the Licensing Act 2003 it is an offence for any person in the United Kingdom under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000.
7. SPECIAL OFFERS, PROMOTIONS AND COMPETITIONS
7.1 You must enter the offer code specified to qualify for any offer. All offers will be subject to use within a restricted time. Any offers are not for resale or publication and can only be used once.
All offers are subject to stock availability.
7.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clause 1.5, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.Any offer may not be used in conjunction with any other offer and cannot be applied to previous orders.
7.3 We reserve the right to offer using our complete discretion, different customers different special offers, promotions, and the ability to enter different competitions.
8.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing or by phone of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction, or arrange for the delivery of replacement goods, provided that you notify us within 7 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
8.2 Subject to clause 12 below, 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.
9.1 As a consumer you have the right to cancel your contract.
9.2 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us by arranging a courier collection from your aaddress (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you have been charged for any incorrect goods or goods which you have not received, you will be refunded within 14 working days from the date you inform us. In any event, subject to clause 12 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
9.3 In respect of non-perishable items, you have the right to cancel the contract at any time until the expiry of the 7th calendar day after the date of delivery of the goods by notifying us by telephone or e-mail. In the case of perishable items you do not have the right to cancel the contract. Should you wish to cancel your order after placing the order but prior to the time of packing and dispatch, we will endeavour to cancel the process and not take payment. If the order has been processed and dispatched, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order.
10.1 If you are not entirely satisfied, you may return your selection to us unworn and in a saleable condition at any time within one month of purchase. If you inform us within 14 working days of you receipt of the order AND intend to return the complete order we will refund the original delivery charge based on our basic delivery charge of £5.95. If you return goods outwith the 7 calendar day period OR return only part of the order then the goods are returned at your own cost. A returns form explaining this procedure will be enclosed with your order. Please note we recommend the use of a registered postal service for your protection, and would advise that you always get a proof of postage.
10.2 We will not refund enhanced delivery charges such as ‘Special Delivery’, ‘Saturday Delivery’ or ‘Next Day Delivery’.
10.2 If the goods are being returned due to an error on our part, your return postal costs will be refunded. Refunds and exchanges will be processed within 14 days of receipt of goods into our warehouse, it may take a few days following this for your bank to process payments.
11. NON-REFUNDABLE ITEMS
11.1 Please note that we are unable to accept returned Food Hampers or fresh produce due to the nature of the fresh produce contained within them. This does not affect your statutory rights.
11.2 If you wish to return an item or items paid for with a Gastro Nicks Gift Voucher, we will only be able to issue you with another Gift Voucher to the value of the item(s) returned.
12. LIMITATION OF LIABILITY
12.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
12.2 We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations, if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, weather, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
12.3 Other than as set out in clause 12.1, the maximum liability of Gastro Nicks arising out of any order for the supply of goods to you in contract, misrepresentation, restitution or otherwise, arising in connection with the performance of this contract, shall be limited to the price paid for the goods. Under no circumstances shall Gastro Nicks be liable for any form of indirect or consequential loss, costs or expenses as a result of this agreement or contract.
13.1 Any Customer complaints should be addressed to Gastro Nicks Customer Services at our main address.
14.2 At the time of your registration you will set a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
14.3 Gastro Nicks will take all reasonable precautions to ensure that details relating to you, your order & payment are kept secure in accordance with the requirements of the Data Protection Act 1998. Unless Gastro Nicks is negligent in exercising these responsibilities then Gastro Nicks shall not be held liable for unauthorised access to information supplied by you. Where you supply data relating to other individuals you will be deemed to have obtained their agreement to this information being released to us.
15.1 Nothing in these terms and conditions will reduce your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights please contact your Local Authority Trading Standards Department or Citizens Advice Bureau.
15.2 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
15.3 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through gastronicks.co.uk, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the gastronicks.co.uk website without Gastros Nicks prior written permission. Gastros Nicks may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the gastronicks.co.uk website.
15.4 While every care has been taken to ensure the product information shown on the website is correct, food products are constantly being reformulated and nutrition content may change. We would therefore recommend that you do not rely solely on this information and always check products labels.
15.5 All product images used on our web site are only representative of goods on offer. Actual goods may not be exactly the same size, design or packaging. In the event that you are not happy with any goods received, you have the right to cancel your order, return the goods in good condition to us within 30 days and receive a full refund of the purchase price paid.
15.6 Where further dietary information is important to you, for example because you have an allergy or specific dietary requirement, you should contact Gastros Nicks or the manufacturer to be sure it matches your requirements.
15.7 Although product information is regularly updated, Gastros Nicks do not accept liability for any incorrect information.
16. Company Details
16.1 www.gastronicks.co.uk is a trading name of Gastros Nicks Limited. The registered company address for Gastros Nicks Ltd is Unit 4 Garlands Trading Estate, Cadley Road, Collingbourne Ducis, Wiltshire SN8 3EQ Company registration number 07166310
Gastros Nicks VAT Registration Number is 878662462