standard TERMS AND CONDITIONS for the sale of goods

BACKGROUND

These Terms and Conditions are the standard terms for the sale of goods by Abiker Limited, trading as Bonnebouffe, a private limited company registered in England under number 04738199 ,whose registered address is Unit 19 Grove Business Park, Henwood Industrial Estate, Ashford, Kent TN24 8AB.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      “Business Day”means, any day other than a Saturday, Sunday or bank holiday;
      “Calendar Day”means any day of the year;
      “Contract”means the contract for the purchase and sale of Goods, as explained in Clause 3;
      “Goods”means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
      “Month”means a calendar month;
      “Price”means the price payable for the Goods;
      “Special Price”means a special offer price payable for Goods which We may offer from time to time;
      “Order”means your order for the Goods as attached;
      “Order Confirmation”means Our acceptance and confirmation of your Order as described in Clause 3;
      “Our Site”means our website, www.bonnebouffe.co.uk;
      “We/Us/Our”means Abiker Limited, trading as Bonnebouffe, a Private Limited Company registered in England under number 04738199, whose registered address is Unit 19 Grove Business Park, Henwood Industrial Estate, Ashford, Kent TN24 8AB.
    2. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
  2. Information About Us
    1. Abiker Limited, trading as Bonnebouffe, is a Private Limited Company, whose registered address is Unit 19 Grove Business Park, Henwood Industrial Estate, Ashford, Kent TN24 8AB
    2. Our contact details are email bonjour@bonnebouffe.co.uk or telephone 01233660158.
    3. Our VAT number is 810380468.
  3. The Contract
    1. These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
    2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
    3. A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
    4. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
      • The main characteristics of the Goods;
      • Our identity and contact details (set out above in Clause 2);
      • The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
      • Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
      • Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods; and
      • We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract.
  4. Description and Specification of Goods
    1. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on Our Site. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic displays.
    2. If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
    3. If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions on Our Site, in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
    4. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
  5. Orders
    1.  All Orders for Goods made by you will be subject to these Terms and Conditions.
    2. You may change your Order at any time before We despatch the Goods by contacting Us.
    3. If your Order is changed We will inform you of any change to the Price.
    4. You may cancel your Order by 2pm on the day that the Order is placed. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 days.
    5. We may cancel your Order at any time before We despatch the Goods in the following circumstances:
      • The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
      • An event outside of Our control continues for more than 14 days (please see Clause 10 for events outside of Our control).
    6. If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
  6. Price and Payment
    1. The Price of the Goods will be that shown on Our Site in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
    2. If We quote a Special Price as part of an advertised special offer, the Special Price will be for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
    3. Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
    4. We have made every reasonable effort to ensure that Our Prices, as shown on Our Site are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price. If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
    5. All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
    6. Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
    7. All payments for Goods must be made in advance before We can despatch the Goods to you.
    8. We accept the following methods of payment:
      • Card payments e.g. Visa, Mastercard, American Express;
      • PayPal;
  7. Delivery
    1. Please note that delivery is currently only possible within the United Kingdom.
    2. We will arrange for the Goods you purchase to be delivered to the specified delivery address given in the checkout process.
    3. We will use reasonable endeavours to attempt to deliver your Goods as detailed in the Order Confirmation or, however, we do not guarantee successful delivery by any specific date. It is your responsibility to check all details in the Order Confirmation prior to dispatch. If there is an error or omission you must contact us immediately.
    4. Once we have sent you the Order Confirmation accepting your Order, our delivery partner DPD will send you details of the scheduled delivery date and your parcel tracing number via email/SMS text message.
    5. If you have any special instructions for DPD regarding delivery e.g. leave your parcel with a neighbour, or that you live in a flat or development with an entry system which requires an access code, it is your responsibility to contact them directly to advise them of these instructions as soon as possible after you receive their email/SMS text message advising you of the scheduled delivery date.
    6. Due to the perishable nature of our Goods, DPD will not leave the parcel containing your order outside at the delivery address unless there is a safe placed deemed suitable or this has been specifically instructed and authorised to do so by you, as there is a possibility the quality of the products could be affected as a result of this. In the event that the Goods become spoiled and unfit for consumption as a result of leaving the parcel outside at your request neither we nor DPD shall have any liability to you for any loss as a result.
    7. In the even that DPD are unable to make delivery of the Goods due to unavailability of a recipient at the delivery address at the date and time advised for the delivery, they will either:
      • leave you a notification of their unsuccessful attempt to delivery and details of how you can contact them to receive your parcel; or
      • leave the parcel with a neighbour or in a safe place deemed suitable by the delivery driver or following instructions as advise to DPD by you following notification of the intended delivery date.
    8. In the absence of a recipient at the delivery address or absence of suitable alternative arrangements being instructed by you prior to the delivery attempt, or a refusal to accept a delivery at the delivery address, DPD will return the parcel to us. Due to the perishable nature of the Goods, upon return receipt at the DPD depot or our own premises the Goods will be destroyed. The parcel containing your Goods will not be re-sent due to food safety issues, nor will a replacement order be sent.
    9. In the event that the products become spoiled and unfit for consumption as a result of a missed or unsuccessful delivery or your lack of instruction to leave the parcel with a neighbour or other location at the delivery address in your absence, neither we nor DPD shall have any liability to you for any loss as a result.
  8. Faulty, Damaged or Incorrect Goods
    1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund.
    2. If the Goods or parcel are damaged, you will need to send clear photos of the packaging and Goods within 7 Calendar Days of receiving the Goods. Photos can be emailed to bonjour@bonnebouffe.co.uk with the following details:
      • Name
      • Address
      • Date of delivery
      • Goods order
      • Nature of damage
      • Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
      • Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
      • For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  9. Our Liability
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    2. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    3. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  10. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform you as soon as is reasonably possible;
      • Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      • If the event outside of Our control continues for more than 14 Calendar Days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
      • If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
  11. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      • By email, bonjour@bonnebouffe.co.uk
      • By contacting Us by telephone on 01233 660158.
  12. How We Use Your Personal Information (Data Protection)
    We will only use your personal information as set out in Our Privacy Notice available from our Site.
  13. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).
    2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    4. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
  14. Governing Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.