Pioneer Foods UK Ltd is committed to protecting and respecting your privacy and the security of your personal information.
For the purpose of the General Data Protection Regulation, the data controller is Pioneer Foods UK Ltd. of 40 Bradfield Road, Finedon Industrial Estate, Wellingborough, NN8 4HB.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
- Information you give us. This is information about you that you give us by filling in forms on our site www.fruit-bowl.com or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, make an online enquiry, subscribe to our newsletter, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, gender, financial and credit card information.
- Information we collect about you from our site. With regard to each of your visits to our site we will automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
HOW WE MAKE USE OF THE INFORMATION
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we have entered into with you.
- Where we need to comply with a legal obligation.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest or for official purposes.
We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below:
- Information you give to us. We will use this information:
- to carry out our obligations arising from the contract entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you;
- If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
- If you are a prospective customer, or where we permit selected third parties to use your data for marketing purposes, we (or they) will contact you by electronic means only if you have explicitly consented to this. If you are happy for us to use your data in this way or to pass your details on to third parties for marketing purposes, please tick the relevant two boxes situated on the form on which we collect your data.
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
- If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.
- Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We may have to share your data with third parties, including third-party service providers and other entities in the group. We require third parties to respect the security of your data and to treat it in accordance with the law.
You acknowledge and agree that we have the right to share your personal information with:
- Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
- Selected third parties including:
- business partners, suppliers and sub-contractors, but only for the performance of any contract we enter into with you;
- advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. Note: We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
- analytics and search engine providers that assist us in the improvement and optimisation of our site;
- credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
The following third-party service providers process personal information about you for the following purposes:
PayPal (processing payments), Douglass Digital (cookies and website competition entry management), Nudge PR (competition winner management).
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We will also disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
- if Pioneer Foods UK Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of sale www.fruit-bowl.com/privacy-policy and other agreements; or to protect the rights, property, or safety of Pioneer Foods UK Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
TRANSFERRING INFORMATION OUTSIDE THE EEA
We will not transfer the personal information we collect about you outside the EEA.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
HOW LONG WE RETAIN YOUR PERSONAL DATA
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. In order to comply with law and to ensure we have the necessary information required in order to resolve future issues that might arise, we retain all personal data for a period of 6 years from collection. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
YOUR RIGHTS OF ACCESS, CORRECTION, ERASURE AND RESTRICTION
- Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes at any point in the future.
- Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a “data subject access request“). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Peter Bailey in writing.
- No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
- What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
- Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Peter Bailey. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
- where we have notified you of the decision and given you 21 days to request a reconsideration;
- where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights;
- in limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
DATA PRIVACY MANAGER
We have appointed a data privacy manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the data privacy manager. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
Terms and Conditions of Pioneer Foods UK Limited
These Terms will apply to any contract between Pioneer Foods UK Limited (“Company”) for the sale of Goods to businesses or individual consumers (“Customer”) . Please read these terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that, before placing an order, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site. We amend these Terms from time to time as set out in Clause 9. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
- General Unless special terms are explicitly agreed to by our correspondence, these terms shall be deemed to be incorporated as Conditions of any Order or Contract accepted. All prices are subject to revision without notice. Orders are only accepted or contracts entered into on the understanding that they are executed at the prices ruling at the date of dispatch.
- Quotations catalogue price lists and any other material or statement by the Company (“a Quotation”) shall not constitute an offer to the Customer and may be withdrawn or revised at any time until written acceptance by the Company of the Customer’s order.
3.1 The Company’s shopping pages will guide the Customer through the steps needed to place an order with the Company. The order process allows the Customer to check and amend any errors before submitting their order to the Company.
3.2 After the Customer places an order, they will receive an e-mail from the Company acknowledging that the order has been received. However, please note that this does not mean that the order has been accepted.
3.3 The agreement (“Agreement”) shall be concluded when the Company sends the Customer an e-mail confirming that the Goods have been dispatched (“the Acceptance”) and its only terms shall be those specified herein. Any statement of representation by the Company its servants or agents shall be excluded unless confirmed in writing by a Director.
3.4 If the Company is unable to supply the Customer with any Goods because such Goods are no longer in stock the Company will inform the Customer of this by e-mail and will not process the Customer’s order.
- Value Added Tax The Customer shall pay all Value Added Tax duty or similar tax chargeable in respect of the Goods or any services supplied pursuant to the Agreement whether stated in any Quotation or not.
- Price of Goods and Delivery Charges
5.1 The price of Goods will be quoted on the Company’s website at the time that the Customer submits their order. The Company takes reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered on to the system. If the Company discovers an error in the online pricing information, it will inform the Customer of this before proceeding with an order, and the Customer will be given an opportunity not to proceed with the order.
5.2 Prices for Goods may change from time to time, but changes will not affect any order already placed by the Customer.
5.3 Unless otherwise stated on the website, the price of our Good does not include delivery charges. Our delivery charges are as advised to the Customer on our website.
6.1 The Company shall endeavor to comply with any estimated or confirmed delivery date but time shall not be of the essence and the Company shall not be liable for any loss arising out of any delay in delivery.
6.2 The Customer, which in this clause 6 shall include (where the context so admits) its agents carriers warehousemen or other person being nominated to accept delivery, shall accept delivery when tendered whether before or after the estimated date.
6.3 If the Customer does not take delivery when tendered the Company shall be deemed to have performed its obligations in respect of the Goods and the Customer shall pay any additional expenses incurred by the Company including (but not limited to) a storage charge.
6.4 The Company may on terms which it sees fit agree any request from the Customer to vary delivery dates or places.
- Multiple Deliveries
7.1 Subject to the Agreement, the Company may deliver the Goods in installments and in such event each installment shall be deemed a separate contract for the following purposes:
- i) No default by the Company in regard to any installment shall entitle the Customer to repudiate the Agreement in respect of any outstanding deliveries; and
- ii) Delivery of an installment shall be part performance under the Agreement and payment in respect thereof shall be made accordingly.
8.1 Credit accounts are opened subject to satisfactory references from two British businesses. Unless otherwise agreed the Company’s terms are that payment for the Goods must be made by the twenty-eight days from invoice date.
8.2 Without prejudice to any other rights of the Company the Customer shall pay interest on any sums overdue for payment at a rate of two percentage points above the Base Rate from time to time of Barclays Bank Plc from the due date for payment until payment (as well after as before judgement).
9.1 If the Customer fails to pay any sum when due under this or any other agreement between the Customer and the Company or if any event mentioned under sub-clause 8.2 occurs then the Company may at its option:
- i) treat this and any other agreement between the parties as having been repudiated and recover damages accordingly;
- ii) suspend further performance until all sums owing to the Company by the Customer under any agreement have been paid;
iii) withhold further performance under this or any other agreement until it has received payment in advance of all monies to become payable thereunder;
- iv) suspend any or all credit granted to the Customer on any account.
9.2 Without prejudice to any other rights under the Agreement or otherwise, the Company may determine forthwith this or any other agreement with the Customer if:
- i) the Customer is in breach of any term of this Agreement or any other subsisting agreement with the Company;
- ii) any distress, execution or other legal process is levied upon the Customer’s property or assets or if the Customer makes or offers any arrangement or composition with its creditors or commits any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against him or if any resolution or petition to wind up a corporate customer whether voluntary or compulsory other than for amalgamation or reconstruction in a state of solvency is presented or if a receiver of the Customer’s undertaking property and assets or any part thereof is appointed or the Company has reasonable grounds for believing that the Customer will fail to discharge its obligations to the Company when due.
9.3 If the Company determines the Agreement under 9.2 all sums to become payable to the Company and all loss whatsoever arising out of the termination of the Agreement shall become immediately due and payable.
10 Our Right to Vary These Terms
10.1 The Company may amend these Terms from time to time.
10.2 Every time the Customer orders Goods from the Company, the Terms in force at the time of the Customer’s order will apply to the Contract between the Customer and the Company.
11 Property and Retention of Title
11.1 Until the Company has received full payment for all monies payable by the Customer under the Agreement ownership of the Goods shall not pass to the Customer but shall remain with the Company which reserves the right to dispose of the Goods (“the Retained Goods”) and shall, subject to 11.4 be kept separate and distinct from other goods whatsoever.
11.2 In the event of any default by the Customer or any termination of this or any other agreement the Company may recover and sell all or any of the Retained Goods and may by its representative enter upon the Customer’s premises to sever and retake possession of the Retained Goods and the Company and its representatives shall not be liable for any disturbance or damage caused in the exercise of such rights.
11.3 Notwithstanding the foregoing the Customer may in the ordinary course of its trade sell the Retained Goods shall account strictly to the Company with all the obligations of any agent for such proportion of the proceeds of such sale thereby realised as shall satisfy the unpaid purchase price of the Goods sold pursuant to the Agreement.
11.4 Without limiting the Customer’s rights of sale the Customer shall retain possession of the Retained Goods as bailee of the Company until full payment is received by the Company for the Goods.
12 Samples Every endeavour shall be made for the Goods to comply with any samples previously supplied but the Company shall not be liable if they do not so comply unless non-compliance is substantial.
13.1 Save as provided under 12.2 no statutory other warranty, condition or representation of any kind whatsoever (including without limitation any such as to merchantability or fitness for any purpose of the Customer) is given or implied nor has any such warranty, condition, description or representation been given or implied in anything said or written in any negotiation prior to the Agreement save as or agreed in writing by a Director.
13.2 The Company warrants:
13.2.1 that the Goods as supplied will comply with all applicable provisions of the Food and Drugs Act 1955 and of the Trade Descriptions Act 1968;
13.2.2 That Goods will be of merchantable quality save as to any matter which has been drawn to the attention of the Customer or which was or should have been reasonably apparent to a prudent purchaser;
13.2.3 Without prejudice to the obligations of 12.2 a) above that the Goods will substantially comply with their description.
14 Exclusion of Liability
14.1 The total liability of the Company in respect of any Goods proven to be defective shall not exceed the price for the Goods under the Agreement.
14.2 To the fullest extent possible, the Company excludes all liability to the Customer, however arising whether in contract, tort (excluding negligence), breach of statutory duty, or otherwise, arising in connection with the contract for:
14.2.1 any loss of profits, sales, business, or revenue;
14.2.2 loss or corruption of data, information or software;
14.2.3 loss of business opportunity;
14.2.4 loss of anticipated savings;
14.2.5 loss of goodwill; or
14.2.6 any indirect or consequential loss.
14.3 Liability for any fraud or fraudulent misrepresentation, death or personal injury caused by the negligence of the Company, its servants and agents is not hereby purported to be excluded.
14.4 If the Customer is an individual consumer and not acting in the course of a business , in addition to the terms of clauses 14.1, 14.2 and 14.3, the Company does not exclude or limit its liability to individual consumers for:
14.4.1 any breach of the terms implied by Section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.4.2 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
14.4.3 defective products under the Consumer Protection Act 1987.
15 Consumer Complaints The Customer shall as soon as reasonably possible and in any event within five days notify the Company of any complaint or other matter whereby it is alleged by any third party and in particular without limitation consumers that the Goods are in any manner defective and the Supplier shall so far as possible obtain and preserve the subject matter of the complaint with intent that the Company shall be given full opportunity to investigate the grounds for complaint.
16 Individual Consumers’ Right of Return, Refund and Cancellation
16.1 For the avoidance of doubt the terms contained in this Clause 16 only apply to a Customer who is an individual consumers, and not acting in the course of a trade or business, and in this Clause 16, the term Customer refers only to individual consumers.
16.2 If the Customer is an individual consumer, he / she has a legal right to cancel a Contract made under this Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause 16.3. This means that during the relevant period, if the Customer decides for any other reason that they do not want to receive or keep a Good, they can notify the Company of their decision to cancel the Contract and receive a refund.
16.3 The Customer’s legal right to cancel a Contract starts from the date of Acceptance as referred to in Clause 3.3 above. The Customer’s deadline for cancelling the Contract then depends on what it is they have ordered and how it is delivered:
16.3.1 If the Contract is for a single Good (not delivered in installments on separate days) then the end of the cancellation period is 14 days after the day on which the Customer receives the Good.
16.3.2 If the Contract is for a single Good which is delivered in installments or multiple Goods which are delivered on separate days then the end date is 14 days after the day on which the Customer receives the last installment of the Good or the last of the separate Goods ordered.
16.4 The Customer can cancel by sending an e-mail to email@example.com, and the cancellation is effective from the date the e-mail is sent to the Company.
16.5 If the Customer cancels their Contract the Company will:
(a) Refund the Customer the price paid for the Goods. However, please note the Company is permitted by law to reduce the refund to reflect any reduction in the value of the goods, if this has been caused by the Customer’s handling them in a way which would not be permitted in a shop. If the Company refunds the price paid before they are able to inspect the goods and later discover that the Customer has handled them in an unacceptable way, the Customer must pay the Company an appropriate amount.
(b) Refund any delivery costs paid by the Customer, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method offered (provided that this is a common and generally acceptable method).
(c) Make any refunds due to the Customer as soon as possible and in any event within the deadlines indicated below:
(i) if the Customer has received the Good(s) and the Company has not offered to collect it from the Customer: 14 days after the day on which the Company receives the Goods back from the Customer or, if earlier, the day on which the Customer provides the Company with evidence that they have sent the Goods back to the Company. For information about how to return Goods to the Company, see clause 16.8;
(ii) if the Customer has not received the Good(s) or has received it and the Company has offered to collect it from the Customer: 14 days after the Customer informs the Company of their decision to cancel the Contract.
16.6 If the Customer has returned the Goods to the Company under this clause 16 because they are faulty or mis-described, the Company will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs the Customer incurs in returning the item to the Company.
16.7 The Company will refund the Customer on the credit card or debit card used by them to pay.
16.8 If a Good has been delivered to the Company before the Customer decides to cancel the Contract:
(a) then the Customer must return it to the Company without undue delay and in any event not later than 14 days after the day on which the Customer lets the Company know that they wish to cancel the Contract;
(b) Unless the Good(s) is / are faulty or not as described (in this case see clause 16.6), the Customer will not be responsible for the cost of returning the Goods to the Company.
16.9 As a consumer, the Customer has legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the Customer’s right of return and refund in this clause 16 or anything else in these Terms. Advice about consumer legal rights is available from the Customer’s local Citizens’ Advice Bureau or Trading Standards office.
17.1 The Customer shall as soon as is possible and in any event within five days from delivery of the Goods given written notice to the Company of any respect in which it is alleged that the Good do not comply with the Agreement. Subject to any such notice, the Goods will be deemed to comply with the Agreement in all respects and the Customer shall be bound to accept and pay for the Goods under the terms hereof.
17.2 The affixing of any price marking to or any other defacement of the Goods shall constitute an acceptance of the Goods by the Supplier whether or not in compliance with the Agreement save only in the case that the Goods are not of reasonable merchantable quality.
17.3 Any goods which have been supplied in accordance with the customer’s order but which are subsequently returned will only be credited provided that our written agreement to the return of the goods has been obtained and that the price at which goods will be credited has been agreed beforehand.
18.1 If the Goods are to be delivered (other than ex-works) by the Company or its carrier the risk (e.g of loss or damage) shall pass when the Goods have been so delivered to the Customer.
18.2 If the Customer or its carrier collects the Goods the risk in them shall pass upon commencement of loading onto the collecting transport or otherwise being taken into the possession or control of the Customer its servants or agents.
18.3 If the Customer does not take delivery of the Goods when duly tendered the risk shall pass when delivery should have been accepted. The Company may at its option store or insure the Goods at the expense of the Customer.
19 Third Party Rights The contract is between the Customer and the Company. 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.
20 Damage or Loss in transit If the Company or its carrier is to deliver Goods other than ex-works the Customer shall examine them immediately upon receipt and shall notify the Company immediately if they are received in a damaged condition and will indemnify the Company against any loss which it suffers because any such notification is received too late to enable it to claim against carriers or insures in respect of such damage or loss in transit.
21 Force Majeure The Company shall not be liable for any failure to perform any or all of its obligations under the Agreement arising from any inability to secure or procure at a reasonable cost labour, materials or other supplies of any kind or any act of God, war, strike, lockout or other labour dispute, fire, flood, drought, equipment failure, legislation, order of public authority or any other cause whatsoever beyond its control.
22 Assignment The Company may transfer its rights and obligations under a contract to another organization but this will not affect the Customer’s rights or obligations under these Terms. The Customer may only transfer its rights and obligations under these Terms to another business if the Company agrees in writing.
23 Severability If and to the extent that any provisions of the Agreement (including these Terms and Conditions) is wholly or partly illegal, void or unenforceable then such provisions or offending part thereof shall be severable from the remaining provisions or parts of provisions which shall remain in full force and effect.
24 Governing Law and Jurisdiction By agreeing to these Terms, the Customer irrevocably agrees that these Terms are subject to English law and 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 and claims).