Terms of Purchase – as at 1 APRIL 2015

Please note: This page (together with our Privacy Policy and Terms of Use tells you information about Us (as defined below) and the legal terms and conditions (Terms) on which we sell the products (Products) listed on the Site (as defined below) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read them carefully and make sure that you understand them before ordering any Products from Us. Please note that before placing an order for Products (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 Products from the Site.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

1.INFORMATION ABOUT US

  1. The website grantsvanillacustard.com (the Site) is owned by Grants Vanilla Custard Limited (trading as Grant’s Vanilla Custard and referred to in these Terms as Us or We), a company registered in England and Wales under company number 08915641 and with our registered office (and main trading address) at Barnfield, Warwick Wold Road, Redhill, United Kingdom RH1 3DQ. All Contracts entered through the Site are made with Us. Our VAT number is 181880682.

2.CONTACTING US

  1. To contact us to cancel a Contract, please see clause 8.
  2. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team by e-mailing us at grant@grantsvanillacustard.com.
  3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order (as defined below).

3.USE OF the SITE

Your use of the Site is governed by our Terms of Use (available here). Please read these carefully, as they include important terms which apply to you and which you are deemed to accept by using the Site.

4.HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy (available here). Please read it carefully as it includes important terms which apply to you.

5.LIMITATIONS APPLYING TO YOU

  1. Please note that you may only purchase the Products for your own personal use and may in no circumstances offer them for resale.
  2. You may only purchase the Products if you are at least 18 years old. We reserve the right to cancel any purchase of Products where We reasonably believe that you are not at least 18 years old or are purchasing Products on behalf of somebody aged under 18 years.

6.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  1. Our shopping pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order to us. Please read and check the details carefully at each stage of the order process.
  2. After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 6.3.
  3. We will confirm our acceptance of an Order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
  4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site (see clause 11.5(b)), we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

7.OUR RIGHT TO VARY THESE TERMS

  1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
  2. Every time you Order Products from us, the Terms in force at the time of your Order will apply to the Contract between you and us.
  3. We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements.
  4. If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

8.YOUR CONSUMER RIGHT OF RETURN AND REFUND

  1. As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. Please note, this cancellation right does not apply in the case of any Products which are unsealed after their delivery.
  2. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the date 14 days after the day on which you receive the Product or, if the Products are delivered in instalments, 14 days after the day on which you receive the last instalment of the Products ordered.
  3. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact form on the Site. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at grant@grantsvanillacustard.com or contact our Customer Services team by post to the above address. If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
  4. If you cancel your Contract we will:
  • refund you the price you paid for the Products. Products to be returned must clearly show the Order number of the original purchase on the package. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop and will not refund unsealed Products.
  • refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (ie for UK orders, First Class via Royal Mail’s and for overseas orders, Royal Mail’s standard International Service); if you elected express delivery etc, the additional costs will not be refunded.
  • make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 6;

b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

5. We will refund you on the credit card or debit card used by you to pay via the Paypal system.

6. If a Product has been delivered to you before you decide to cancel your Contract:

a)then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and

b)unless the Product is faulty or not as described (in this case, see clause 7), you will be responsible for the cost of returning the Products to us.

7. If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable delivery costs you incur in returning the item to us.

8. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.DELIVERY

  1. We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
  2. If no one is available at your address to take delivery, the courier or postal service we use will provide you with collection instructions. If they advise you that Products have been returned to our premises, please contact us to rearrange re-delivery.
  3. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
  4. You own the Products once we have received payment in full, including all applicable delivery charges.
  5. If we miss the 30 delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

a)we have refused to deliver the Products;

b)delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

c)you told us before we accepted your Order that delivery within the delivery deadline was essential.

6.If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

7.If you do choose to cancel your Order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

  1. INTERNATIONAL DELIVERY
    1. We deliver to any country in the world.
    2. If you order Products from Us for delivery outside the UK, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
    4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
  2. PRICE OF PRODUCTS AND DELIVERY CHARGES
    1. The prices of the Products will be as quoted on the Site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
    2. Prices for our Products may change from time to time, but changes will not affect any Order you have already placed.
    3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Order. To check relevant delivery charges, please refer to our Delivery Charges page (available here).
    5. It is always possible that, despite our efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

a) where the Product’s correct price is less than the price stated on our Site, we will charge the lower amount when

dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably

been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

b) if the Product’s correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform

you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling

your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the

contact details you  provided during the Order process, we will treat the Order as cancelled and notify you in writing.

  1. HOW TO PAY
    1. You can only pay for Products using a debit card or credit card via the Paypal system and we accept all cards accepted by that system
    2. Payment for the Products and all applicable delivery charges is in advance.
  2. OUR LIABILITY to you
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
    2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation;

c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

d) 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

e) defective products under the Consumer Protection Act 1987.

  1. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

a) we will contact you as soon as reasonably possible to notify you; and

b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for

the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to

you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

c) You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To

cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have

alre  ady received and we will refund the price you have paid, including any delivery charges.

  1. COMMUNICATIONS BETWEEN US
    1. When we refer, in these Terms, to “in writing”, this will include e-mail.
    2. You may contact us as described in clause 2. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  2. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in advance in writing.
    3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. These Terms are governed by English law and are available only in English. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.