Butley Orford Oysterage

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Terms and Conditions

The Butley Orford Oysterage("The Butley Orford Oysterage") website (our "Site" ) and related services are made available to you under the following Terms & Conditions and any other rules posted on our Site (collectively, the "T&Cs"). By using the site you agree to be bound by the T&Cs. We may modify the T&Cs from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified T&Cs. If you do not agree to any change to the T&Cs, then you must immediately stop using the Site.

Privacy Policy

Click here to view our Privacy Policy

Security

We do not keep details of your credit card on our server for security purposes and you are required to type these in every order. This site uses Securetrading, the UK's leading independent Payment Service Provider, to process credit and debit card payments. All sensitive payment card information is encrypted using the most sophisticated e-payment software available and is sent to the bank for instant authorisation via the securetrading network of payment gateways. Transactions normally take a few seconds to be processed and at no time are your payment card details at risk from cyber criminals. For more information about securetrading please visit their website http://www.securetrading.com or call 0800 028 9151.

Catalogue Accuracy

Every care has been taken to ensure that all prices, photos and descriptions in our catalogue are correct. All product details entered on the site have been entered with due care however there may be errors.

Where a description error becomes obvious we will contact you in order to establish if you wish to cancel the order - in which case no payment is due. Where a pricing error occurs, if the price is overstated we will despatch the order and refund the balance. Where the price is understated we will contact you and determine if you wish to pay the balance or cancel the order.

Order acceptance occurs at the point of product despatch - we reserve the right not to fulfil an order where a pricing error has occurred. In the case of error you will be given the opportunity to cancel your order.

We reserve the right to add, amend or delete products and prices. We have identified where products contain nuts, however products are produced in a nut environment and could possibly be contaminated with nuts.

Order Acceptance

We will always try to fulfil an order however there may be reasons an order cannot be fulfilled and we reserve the right not to accept an order. For an example we may not accept an order for one of the following reasons.

  • The product you ordered is unavailable from stock
  • We are unable to obtain authorisation for your payment
  • The identification of a pricing or product description error

We will inform you as soon as we can if we are unable to fulfil an order. Order acceptance and the completion of the contract between you and us will take place on the despatch of the products ordered to you unless we have notified you that we do not accept your order or you have cancelled it.

Payment

We accept most major credit and debit cards including Visa, Mastercard, Delta, Switch and Solo.

When purchasing on-line your card is debited when placing the order. If we are unable to fulfil your order within 24 hours we will contact you and ask if you wish to cancel your order, or leave it pending stock. When purchasing by telephone your card is debited when the goods are despatched.

UK Delivery

All orders are sent by Business Post overnight courier for next working day delivery and if received before 3.00 pm they will be despatched the same day. All orders received on a Saturday, Sunday and Bank Holidays will be despatched the next working day. All orders received on a Friday before 2.00pm will be despatched but will not be delivered until the next business working day.

If you want a delivery on a specific day (apart from weekends and Bank Holidays) please notify us in the "Special Delivery Instructions" box on the online order form. Urgent and weekend deliveries may be arranged by special request and please call us on 01394 450210 for details.

Unless you are contacted by our sales team, your goods will be despatched on the agreed date and could be delivered any time up until 6pm on the next working day. Please note that we cannot track the exact location of your order during the day and will only be notified by the couriers if there is a problem. We cannot estimate a delivery time and it may occur any time up until 6pm.

Where possible we would advise taking delivery at a business premises where someone will be available throughout working hours, it is also possible to send goods to a neighbour. Please note it is not possible to give multiple alternatives for the delivery address. If you have particular delivery instructions or would not like your order to be left without a signature, please advise at the time of ordering using the "Special Delivery Instructions" field on the online order form.

If you are out when your delivery arrives the Couriers will be advised to 'leave safe', unless instructed not to, if there is nobody in to sign for the goods. Please let us know where to leave your parcel in the "Special Delivery Instructions" on the order form, for example leave in garage, in the porch, with neighbour etc. The produce is well insulated and will remain cool for several hours, so it can be safely left until you arrive home. It is not advisable however to have us leave your consignment in a hot place. You order should be unpacked and refrigerated on the same day it arrives We cannot accept responsibility for addresses provided incorrectly.

Please note it is a requirement of the courier company that we must have the telephone number at the delivery address.

Overseas Delivery

We do not accept online orders for deliveries outside of mainland UK and due to the perishable nature of the product we don't normally deliver Mail Order abroad. Some products however will travel better than others and if you require an overseas delivery please contact us on 01394 450210 with you requirements and we will be pleased to let you know if we are able to deliver.

Delivery Charges

Delivery charges will be added to your order during the online purchase process for standard delivery within mainland UK. They will vary depending on the amount ordered and will be added to the order total before you are asked for credit card details.

Orders for delivery to non-UK mainland destinations cannot be taken on-line. However telephone orders can be taken on our ordering line (01394 450210 ) for delivery to non-UK mainland destinations. These will incur the following additional charges and may take an additional 2 working days to be delivered:

N Ireland, Isle of Man, Scottish Islands, Isles of Scilly £14.95

Eire, Channel Islands £25.00

Order Cancellation

You can cancel an order at any time up to the point of despatch. Contact us by email or telephone cancel the order, as payment is processed on despatch we will simply not take the payment from your card. Once the order has been despatched we are unable to cancel your order.

Delivery Problems

It is your responsibility to check your order carefully immediately on receipt of goods. In the unlikely event of goods being un-satisfactory, damaged or incomplete you should accept delivery and contact us on 01394 450210 within 2 working days, after this time period has elapsed we will be unable to consider complaints. Similarly, in the unlikely event your order has failed to arrive please telephone us on the same number.

Returns

It is your responsibility to check that you have ordered the correct products at time of order and due to the perishable nature of the goods once despatched we cannot accept cancellations and no refunds will be given.

In the unlikely event of goods being unsatisfactory, damaged or incomplete you should accept delivery and contact us on 01394 450210 within 2 working days, after this time period has elapsed we will be unable to consider complaints.

Complaints Procedure

If you have any complaints concerning the delivery, quality of product, freshness of product or our comaony please contact us on 01394 450210 or email us at complaints@butleyorfordoysterage.co.uk

Privacy

You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect The Butley Orford Oysterage or the site users.

Content

Content is defined as any graphics, photographs, prices, or text that The Butley Orford Oysterage, you, or any other user may upload or transmit on this Site. The Butley Orford Oysteragereserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. You confirm that The Butley Orford Oysterageis not liable to you or any third party for any such withdrawal.

Your Activity

You use this Site at your risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right, at our sole discretion, to deny you access to this Site, or any part of this Site, at any time without notice.

No Unauthorised Copying or Distribution

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Content, Software and all HTML and other code contained in this Site, shall remain at all times vested in The Butley Orford Oysterageand/or its licensors and is protected by copyright and other laws and international treaty provisions. You are permitted to use this material only as expressly authorised by The Butley Orford Oysterageor its licensors. Any reproduction or redistribution of the above listed materials is prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.

Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information it places on the this Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim Any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these T&Cs shall limit your rights as a consumer under English law.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the T&CS.

Indemnification

At our request, you agree fully to defend, indemnify and hold harmless The Butley Orford Oysterageimmediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&CS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

Entire Agreement

The T&CS (as amended from time to time) constitutes the entire Agreement between you and The Butley Orford Oysterageregarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and The Butley Orford Oysteragein relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the T&CS, the T&CS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the T&CS. You confirm that, in agreeing to accept the T&CS, you have not relied on any representation save insofar as the same has expressly been made a representation in the T&CS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the T&CS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the T&CS.

Jurisdiction

For the avoidance of doubt, these Terms and Conditions shall be subject to the laws and juristriction of the England. If any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.The Butley Orford Oysteragefailure to insist upon or enforce strict performance of any condition shall not be construed as a waiver of any provision or right. Nothing in these Terms and Conditions shall be construed as forming a partnership or joint venture either with The Butley Orford Oysterage, or participating third party companies. No third party company will have the right or ability to create any obligation on The Butley Orford Oysteragebehalf. This agreement constitutes the entire agreement between you and Butley Orford Oysterage.

© The Butley Orford Oysterage, All rights reserved 2006

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