Pure Beans Limited (‘The Company’)
Terms and Conditions of Sale for Consumers
1. Definitions
1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:
"Company" means Pure Beans Limited a company registered in England and Wales with registration number 05598360 whose registered office is at 49 Kyle Road Hilton Derby Derbyshire DE65 5JY;
"Contract" means any agreement for the sale and purchase of Goods which is entered into between the Company and the Customer;
"Customer" means the individual who has accepted these Terms;
"Force Majeure" means circumstances beyond the control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Company’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, the Customer shall be entitled to give notice in writing to the Company to terminate the Contract;
"Goods" mean those products ordered by the Customer to be supplied by the Company pursuant to these Terms;
"Notice of Cancellation" means the notice from the Customer in writing to Order Cancellations, Pure Beans Limited, 49 Kyle Road, Hilton, Derby, Derbyshire, DE65 5JY, informing the Company that the Customer wishes to cancel the Contract;
"Order Acknowledgement" means the written confirmation from the Company to the Customer acknowledging the Customer’s order and also comprising a description of the Goods, the price paid for the Goods, the delivery costs (where appropriate) and the estimated delivery time for the Goods;
"Terms" means these terms and conditions;
"Website" means www.purebeans.co.uk;
1.2 In these Terms
1.2.1 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders;
1.2.2 headings are for reference only and do not affect the meaning or interpretation of these Terms;
1.2.3 references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
1.2.4 any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality);
1.2.5 any reference to “writing” or any cognate expression shall include facsimile but shall not include e-mail or text messages.
2. Basis of Contract
2.1 These Terms shall apply to the sale by the Company of all Goods purchased by the Customer via the Website and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Customer. For the avoidance of doubt these Terms do not affect the Customer’s statutory rights under all relevant consumer protection legislation.
2.2 Please see the Help section for information on how to place an order. The "check-out" stage sets out the final details of your order. Following this point the Company shall send to the Customer an Order Acknowledgement.
2.3 Acceptance of the order and completion of the Contract shall take place on the date of despatch of the Goods to the Customer by the Company.
2.4 The Customer shall take responsibility for retaining a copy of the Order Acknowledgement received in accordance with clause 2.2 above.
3. Payment
3.1 Payment shall be made on the placing of an order by the Customer (Please see the Help section for payment information). The Company shall carry out the necessary card verification processes and check availability of the Goods on receipt of the order from the Customer. In the event that the Company is unable to supply the Goods for any reason, the Customer shall be informed as soon as possible and a full refund shall be given if payment has already been made.
3.2 Subject to clause 3.3 below, the price to be paid by the Customer is the price displayed on the Website at the time when the order is received by the Company.
3.3 In the event that the Company discovers an error in the price of the Goods ordered by the Customer, the Company shall notify the Customer as soon as possible providing the Customer the option of either reconfirming the order at the correct price or cancelling the order. If the Company is unable to contact the Customer for the purposes of this clause 3.3, the order shall be deemed cancelled and where the Customer has already made payment for the Goods this shall be refunded in full.
3.4 All prices are exclusive of VAT and exclusive of delivery charges unless expressly stated otherwise.
4. Packaging
The packaging of the Goods shall be entirely at the discretion of the Company who shall have the right to pack all the Goods in such manner, and in such quantities as the Company thinks fit and shall not be obliged to comply with any packaging requests or instructions from the Customer.
5. Delivery
5.1 The Website is only for delivery of Goods to customers within the United Kingdom Mainland. All Goods must be signed for by an adult aged 18 years or over on delivery.
5.2 Estimated delivery times are as displayed on the Website as amended from time to time. Should the Company anticipate that delivery time be significantly longer than estimated, the Company will notify the Customer as soon as reasonably practicable.
5.3 Notwithstanding clause 5.2 above delivery dates are estimates only and time of delivery is not of the essence.
6. Contract Cancellation
6.1 Subject to clause 6.2 below, the Customer shall have a period of 7 working days from the date of receipt of the Goods by the Customer (the "cooling off period") in which time the Customer may issue a Notice of Cancellation and return the Goods to the Company. In the event the Customer cancels the Contract within the cooling off period then the Company will refund payment of the price of the Goods in full directly to the credit or debit card used for payment as soon as possible and in any event within 30 days of receipt of the Notice of Cancellation. The costs of returning the Goods pursuant to this clause shall be borne by the Customer, failure to return the Goods or to return the Goods at the Company’s cost shall entitle the Company to charge the Customer for the direct costs associated with the recovery. For the avoidance of doubt, on expiration of the cooling off period the Customer shall have no further right to issue a Notice of Cancellation other than should the Goods be defective in which case the Customer should reject the Goods in accordance with clause 6.3 below.
6.2 In no circumstances shall clause 6.1 above apply to any Goods which are:
6.2.1 food or beverages; or
6.2.2 personalised or made to the Customer’s specification.
6.3 The Customer may reject Goods found to be defective within:
6.3.1 24 hours of delivery, in event that the fault complained of was or would have been apparent from inspection and ordinary vigilance on the part of the Customer;
6.3.2 2 weeks from delivery in respect of all other defects
and in either case the Company shall arrange for collection of the Goods and shall either offer to refund, or replace the Goods unless the Company can demonstrate that the Goods were not defective at the time of delivery.
6.4 For the purposes of clauses 6.3 above, the Customer shall be liable for the cost of return and any other reasonably incurred costs of the Company in the event that the Goods are not shown to be defective.
7. Risk and Title of Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Customer at the point of delivery to the Customer or on the date of first attempted delivery by the Company.
7.2 Ownership of the Goods shall pass to the Customer when:
7.2.1 the Company has received in full and cleared funds all sums due to it in respect of the Goods; and
7.2.2 the Goods have been delivered to the Customer.
8. Warranties and Liability
8.1 The Company warrants that the Goods are of satisfactory quality.
8.2 The Goods are directed solely at those who access the Website from the United Kingdom. The Company makes no representation that any Goods are appropriate for use or available in other locations. Furthermore any individual accessing the Website from locations outside of the United Kingdom is responsible for compliance with local laws if and to the extent local laws are applicable.
8.3 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the negligence of the Company or any other liability which may not otherwise be limited or excluded under applicable law.
8.4 Subject to clause 8.3 and notwithstanding this clause 8, the Company’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the Customer for the Goods in respect of one incident or series of incidents attributable to the same clause.
8.5 Subject to clause 8.3 and other than as expressly provided in these Terms with respect to specific Goods and except for those remedies detailed in clause 6 above, any indemnities, warranties, terms and conditions (express or implied) are hereby excluded to the fullest extent permitted under applicable law.
8.6 Subject to clause 8.3 above, the Company shall not be liable in contract, tort (including limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any:
8.6.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
8.6.2 loss of goodwill or reputation; or
8.6.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under these terms.
8.7 The Company shall not be liable to the Customer nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations, if the delay or failure was by reason of Force Majeure.
8.8 This clause 8 does not affect the statutory rights of the Customer as a consumer nor does it affect the contract cancellation rights specified in clause 6.
9. Miscellaneous Provisions
9.1 The Customer undertakes that it will not use the Goods in the course of a business
9.2 This Contract shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England.
9.3 The Company shall be under no liability for any delay or failure to deliver Goods or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9.4 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
9.5 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
9.8 No delay or failure by either party to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of the Company.
9.9 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations undertakings and agreements between the Customer and the Company relating to the use of this Website (including the order of Goods) and sets forth the entire agreement and understanding between the Customer and the Company.
9.10 Each right and remedy of either party under the Contract is without prejudice to any other right or remedy of the Company, whether under the Contract or not.
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