Terms and conditions of sale
These Terms and Conditions will apply to any contract for the sale of Products by us to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them before ordering Products from our Website.
Please note that by placing an order you agree to these Terms and Conditions. If you do not accept these Terms and Conditions in full, you should not order Products from our Website.
- UNDERSTANDING THESE TERMS AND CONDITIONS
- ABOUT US
- OUR PRODUCTS
- YOUR ACCOUNT
- BUYING PRODUCTS FROM US
- PRODUCT PRICES AND DELIVERY CHARGES
- PROMOTIONAL CODES
- HOW TO PAY
- RETURNS AND REFUNDS
- OUR LIABILITY
- USING OUR WEBSITE
- YOUR PERSONAL INFORMATION
- EVENTS OUTSIDE OF OUR CONTROL
- CHANGES TO THESE TERMS AND CONDITIONS
- OTHER IMPORTANT INFORMATION
- UNDERSTANDING THESE TERMS AND CONDITIONS
- When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
- When we refer to "we", "us" or "our", we mean Heartier Limited. When we refer to "you" or "your" we mean you, the person buying Products from our Website.
- We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time, as explained in section 15 below). Please check the Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time.
- We are Heartier Limited, a company registered in England and Wales with company registration number 08905437 and we operate the Website. Our principal place of business is at G2, Battersea Studios 1, 80 Silverthorne Rd, London, SW8 3HE and our VAT number is 183510714.
- If you would like to contact us, please use the details on the Contact Us page of our Website and we will be happy to assist you.
- We have a commitment to sourcing and supplying high quality produce through our collection of artisan food stalls. Our range of Products includes centrepiece cuts of high-quality meats and poultry which are delivered to our customers' doors. For more information on our Products please visit the about us page on our Website.
- The images of the Products on our Website are for illustrative purposes only. The packaging and presentation of the Products may vary from that shown on images on our Website.
- Our Products are available in the quantities and pack sizes stated on the Website. Please check your order carefully to ensure that you have ordered the correct quantity of Products required.
- Our suppliers are small and medium scale producers which means that all Products shown on our Website are subject to availability. If a Product you have ordered is temporarily unavailable we will inform you by email as soon as possible and offer you a substitute item. You can then decide whether you would like the substitute item or whether you would prefer to cancel your order (in which case we will provide you with a full refund). If we do not receive a response from you by the time that your order needs to be dispatched for delivery, we will assume you are satisfied with the substitute item offered and we will deliver the Products to you.
- By creating an account, you can choose to store your debit and credit card information for easier and faster checkout, store and edit your delivery addresses and billing information and review your previous purchases and order history.
- When you register or buy Products through our Website, you will be required to provide certain information including your name, phone number, email address and an address for delivery of the Products. You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete. If the amount due from you for your order cannot be debited or charged to the credit or debit card you have provided, for whatever reason, your order will be cancelled (as described in section 8.3 below).
BUYING PRODUCTS FROM US
- For the steps you need to take to place on order, please see the About Us page of our Website.
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities of each of the Products in your order.
- By clicking the “order now and make payment button” you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and Conditions and you will be asked to confirm that you accept these Terms and Conditions when placing your order.
- After you place an order, you will receive an email from us acknowledging that we have received your order and confirming the Products ordered, delivery option chosen, delivery address and any special instructions ("Order Confirmation"). Only the Products listed in the Order Confirmation are included in the Contract between you and us. If there are any errors in the Order Confirmation, please contact us as soon as possible using the details on the Contact Us page of our Website.
- You may not buy Products from our Website for business and/or resale purposes. If you want to buy Heartier products as a business customer (in connection with your profession or trade), please contact us using the details on the Contact Us page of our Website to discuss the options available to you.
PRODUCT PRICES AND DELIVERY CHARGES
- The prices of the Products will be as quoted on our Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover a mistake or error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made an obvious pricing error. 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 your order as cancelled.
- The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed by sending an Order Confirmation. The prices of the Products are in pounds sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK.
- The prices of the Products do not include delivery charges. Delivery charges will vary depending on the Products ordered and the delivery option selected. Please see section 9 below and the Delivery Options page of our Website for more information. All delivery charges are calculated after any vouchers or discounts.
- We may offer certain promotions in relation to certain Products for eligible customers from time to time. If you have a promotional code, please ensure that you enter it where prompted on the payment page during the order process. If your promotional code qualifies, your deduction will be displayed in the payment summary.
- You may only use one promotional code per order. Promotional codes cannot be applied retrospectively to orders that have already been placed or to Products that have already been delivered to you. We reserve the right to cancel orders if an unauthorised promotional code is used. Additional terms and conditions may apply to certain promotions, please check the Website for further details.
HOW TO PAY
- You can pay for Products using a debit card or credit card. We accept the following cards: Visa Debit, Visa Credit, MasterCard and American Express.
- By ordering Products from us through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
- If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
- Your debit card or credit card will not be charged until we issue an Order Confirmation (at which point we take payment for the Products and all applicable delivery charges in full).
- Your order will be delivered to you by our delivery partner on the date stated in the Order Confirmation, unless there is an event outside of our control (please see section 14 below for more information about these events). If we are unable to meet the estimated delivery date or time because of an event outside of our control, we (or our delivery partner) will contact you with a revised estimated delivery date or time.
- Delivery will be completed when the Products are delivered to the address stated in the Order Confirmation (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
- Should you insert an incorrect address or postcode, and you notify of this error in advance, we will endevour to deliver the Products to the revised address. If it is not possible to get the products to the revised address before they perish, we cannot be held responsible for this loss.
- You are responsible for making suitable arrangements to receive your delivery. To keep the Products as fresh as possible please make sure you or someone instructed by you is able to take delivery of the Products. If you are not able to take delivery of the Products, please use the special instructions field in the order process to instruct us where to tell our delivery partner to leave your Products. Please note that, if no special instructions are given and no one is able to take delivery of the Products, our delivery partner will leave the Products outside the property at the address stated in the Order Confirmation (and the Products are your responsibility from this point).
- We warrant that we will source and supply quality Products and deliver these to you in accordance with these Terms and Conditions. All other conditions, warranties, representations and terms in relation to the Products are excluded to the fullest extent permitted by law .
- You are responsible for the care of the Products once delivery is completed. The Products should be refrigerated immediately following delivery.
- Unfortunately, we are unable to deliver outside of the UK or to UK addresses in certain locations (details of which can be found on the Delivery Options page of our Website).
RETURNS AND REFUNDS
- We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact us using the details on the Contact Us page of our Website.
- Due to the nature of our Products, once an order is placed it is not possible to cancel it and no refunds or exchanges will be given. This does not affect your legal rights in relation to Products that are faulty or not as described (in relation to which we will refund the price of the faulty or mis-described Products in full, including any applicable delivery charges).
- If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
- Subject to sections 11.1, 11.2 and 11.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1000 or, if higher, the total price of the Products which are the subject of the Contract.
USING OUR WEBSITE
YOUR PERSONAL INFORMATION
EVENTS OUTSIDE OF OUR CONTROL
- In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
- If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract (including those of our delivery partner) we will contact you as soon as reasonably possible to notify you. In such circumstances, our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we (or our delivery partner) will arrange a new delivery date and time with you after the event outside of our reasonable control is over.
CHANGES TO THESE TERMS AND CONDITIONS
- We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).
- Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time
- We hope that you do not have cause for a complaint but, if you do, we would like to hear from you so that we can try and resolve your complaint and ensure that it does not happen again. Please contact us using the details on the Contact Us page of our Website.
OTHER IMPORTANT INFORMATION
- We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms and Conditions, 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.
- We intend to rely upon these Terms and Conditions in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
- These Terms and Conditions are governed by English law. This means that the Contract for the purchase of Products through our Website, and any dispute or claim arising out of or in connection with it, will be governed by English law.
- You and we both agree that the courts of England and Wales will have exclusive jurisdiction of any disputes. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Terms and Conditions last updated 22 May 2017