Terms & Conditions
Terms & Conditions
These terms and conditions set out the basis of our trading relationship and use of our website.
General Terms & Conditions
The website www.essexfood.co.uk is owned and operated by Essex Food Limited (“Company”) trading as EssexFood.co.uk of Unit 2, Days Farm, Days Lane, Brentwood, Essex, CM15 9SL. We are registered in England & Wales at 27A Worrin Road, Shenfield, Essex, CM15 8DE. Our Company number is 09774680.
The contract between us
We must receive payment of the whole of the price for the goods that you Order (“Order”) before your Order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send to you an email that the goods have been dispatched. Our acceptance of your Order brings into existence a legally binding contract between us.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to the Company. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Accuracy of Content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer . It is your responsibility to ensure that your antivirus software and spyware software is up to date and that you have the right equipment available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All Orders are subject to acceptance and availability. If any of the items you have ordered are not in stock, we will contact you by e-mail or phone. You will have the option either to wait until the unavailable item is in stock or to accept a replacement of the same or greater value, or cancel the unavailable item from your Order. The remainder of your Order will be processed and delivered.
Vintages are subject to change and substitute wines of equal quality and value will be supplied should we be out of stock of a particular wine.
You are able to correct errors on your Order up to the point on which you click on “submit” during the ordering process.
The prices payable for your Order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Wherever it is not possible to accept your Order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
Orders can be paid for by Visa Credit and Visa Debit, Mastercard, Maestro, Commercial, and JCB cards. Please note that we do not accept American Express, Diners Club or any other cards not listed above. We will charge your credit account for payment upon receipt of your Order. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
You will be required to pay for delivery and it might not be possible for us to deliver to some locations outside of the United Kingdom. Please note that there are incremental charges for delivery to the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles. Our delivery charges are set out on the delivery information page in our website. For all other delivery queries, please contact us for a quote prior to ordering.
To ensure product quality, and to maintain freshness, all Orders are despatched for next day delivery. All goods are sent by APC and can be despatched or delivered on any day Monday to Friday. Please see the specific delivery page details on our website.
We will deliver the goods to the address you specify for delivery in your Order. It is important that this address is accurate as we cannot accept liability for delivery to an incorrect address/postcode supplied by the customer. We cannot accept any liability for any loss or damage to your Order once delivered in accordance with your delivery instructions (unless this is caused by our negligence). APC operate a no signature required delivery scheme. If you are not in, the driver will attempt to leave the parcel in a safe place or with a neighbour. If there is not a safe place then it will be taken to the local depot and a card will be left to say where the delivery is being held and provide you with the option to rearrange delivery.
Your Order can be delivered to your place of work if this is more convenient.
We will aim to deliver your Order by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to anything beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Risk and ownership
Risk of damage to or loss of your Order passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Orders supplied are not for resale.
Acknowledgement and acceptance of your Order
You must provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your Order and e-mail you again to confirm despatch. An acceptance of your Order will take place on despatch of the good(s) ordered.
Under the Distance Selling Regulations, perishable items such as fresh food are specifically excluded from the Right to Cancel. You must ensure that you want the product you order as we regret we are unable to offer a refund simply because you change your mind. If you believe that a perishable product is in unsatisfactory condition on arrival, you should contact us immediately. We select the finest quality produce and will replace or make a refund in respect of any item which does not arrive in good condition or is lost in transit. This does not affect your statutory rights.
For non-perishable goods, you have the legal right under the Distance Selling Regulations to cancel your Order within seven days of receipt of your goods (with the exception of any made-to-order items). You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty. However, you will need to notify us by email or post if you wish to cancel your contract. For non-perishable items, you shall bear the cost of any product returns except where the product is faulty or in an unsatisfactory condition. Returned goods must be received within twenty-one days of delivery. Once you have notified us that you are cancelling your contract, any sum debited to us will be re-credited to your account as soon as possible and in any event within thirty days of your Order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when they were delivered to you.
Cancellation by us
We reserve the right to cancel the contract between us if:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area;
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit your account with any sum deducted by us as soon as possible but in any event within 30 days of your Order.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Sales of alcohol
In accordance with the Licensing act 2003, it is illegal to sell or deliver alcohol to anyone under the age of 18. By agreeing to these terms and conditions, you confirm that you are over 18 years of age, and that the alcohol purchased is only for adult consumption. We reserve the right to contact the person ordering / the cardholder to confirm that alcohol orders are by over 18s only. We encourage responsible drinking.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit 2 Days Farm, Days Lane, Brentwood, Essex, CM15 9SL. All notices from us to you will be displayed on our website from to time.
Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website, are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these conditions will not be affected.
Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Essex Food Limited t/a www.essexfood.co.uk are committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998
We are compliant with the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general, you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you purchase from our site you will be asked to provide certain personal information. In processing your Order, we will only use your personal information to respond to your enquiries / Orders, process deliveries and payments, and to communicate with you regarding Orders, products and promotional offers. We provide information about you to the courier company, bank / credit card company, or other involved third party to ensure the successful completion of your Order. They only have access to the information needed to effectively perform their function for you, but may not use it for any other purposes.
We will store this data and hold it on computer or otherwise.
There is a technology called “cookies” which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. Some of the cookies we use improve the functionality of our website, so if you choose to disable cookies on your browser, you might find that you can’t access some aspects of our website, or that parts of the website don’t function in the way that you might like.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
All customer information, mailing address information and all data submitted to us is stored on secure databases and protected on the webservers used by hardware, software and passwords, from access by anyone but authorised staff. Customer details which we receive with your Order are held on our secure server which is fully compliant to Data Protection Standards. Our Payment Service Providers, Stripe and Paypal , ensures that all transaction information passed between merchant sites and the Stripe/Paypal Systems is encrypted.
We will not release your personal information to any third party.