Terms and Conditions

TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS BY WORZALS

1.1 This page (together with our privacy policy and terms of website use) tells you information about Worzals and the legal terms and conditions (“Terms”) on which we sell any of the products listed on our website (“Products”) through use of the online checkout, or by phone to the Personnel Shopping Team on 01945 582231 or, in the case of bespoke seasonal baskets, also through phone to Worzals Farmshop or by email to orders@worzalsdelivery.com 

1.2 These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully before ordering any Products from our site or via our mail-order number. Please note that before ordering any Products you will be asked to agree to these Terms and the Terms of Website Use and Privacy Policy. If you refuse to accept these Terms you will not be able to order any Products from our site.

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

1.4 We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

1.5 These Terms, and any contract between us, are only in the English language.

CONSUMER STATUS

2.1 You may only purchase Products from our site if you are at least 18 years old. In particular, we are not allowed by law to supply intoxicating liquor if you are under the age of 18. If you are under 18, please do not attempt to order Products through our site. Please note, pursuant to the Licensing Act 1964 it is an offence for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £1000. If your order does include intoxicating liquor, please do not be offended if you are asked to supply identification either at the point of order, prior to provision of the order or upon delivery. We reserve the right to withhold

delivery of such items if appropriate identification cannot be provided and whilst we will refund the cost of the item you will still be liable for the delivery charge.

2.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

BASIS OF SALE

3.1 Our website is set-up to 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 take the time to read and check your order at each page of the order process.

3.2 When you confirm and pay for your order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase.

3.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.

3.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been scheduled (Order Scheduled). The Contract between us will only be formed when we send you the Order Scheduled Confirmation.

3.5 If we are unable to supply you with a Product, for example because that Product is not actually in stock or no longer available or because of an error in the price on our site, we will substitute you a Product (amending the price payable only if relevant to the substitute Product) and make changes to the order accordingly upon agreement or cease to process your order. If you have already paid for the Products and we cease to process the order, we will refund you the full amount as soon as possible and this shall be our full liability in this regard.

PAYMENT AND PRICES

4.1 The price of the Products and our delivery charges will be as quoted on the site at the time you submit your order and will be advised during the check-out process before you confirm 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, if we discover an error in the price of the Product(s) you ordered, please see Paragraph 4.5 for what happens in this event.

4.2 The price of a Product is VAT inclusive (where applicable) at the applicable current rate chargeable in the UK for the time being. VAT receipts are available on request.

4.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders already placed.

4.4 Payment can be made using Master Card, Visa, Switch, Delta, Maestro and PayPal. Payment for the Products and all applicable delivery charges is in advance.

4.5 It is always possible that, despite our reasonable efforts, some of the Products on our 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 refund the difference when dispatching the Products to you. However, if the pricing error is obvious and unmistakable 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 our site, we will contact you in writing by e-mail 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. If you have already paid for the Products and we cease to process the order, we will refund you the full amount as soon as possible and this shall be our full liability in this regard.

DELIVERY

Other Deliveries except Bespoke Hampers

6.1 To the location and addresses shown in our “DELIVERY” section, a single delivery of items other than large heavy orders (particularly wine and bulky homeware items) will be charged a flat rate delivery fee. Orders over £25 are free delivery.

  1. 6.2  Delivery charges are for one delivery to any single address.

  2. 6.3  All deliveries require a signature at the point of receipt.

  3. 6.4  If we miss the 30 day 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.

6.5 Worzals also cannot be held liable for failure to deliver or delays in delivery due to circumstances beyond our control including, but not limited to traffic, emergencies or adverse weather.

6.6 We will aim to deliver within the date stated but this cannot be guaranteed. Customers shall not be entitled to a refund of any value if the delivery is up to half an hour late.

6.7 You will be charged in full if we attempt to deliver to the address that you have provided for delivery without success (although we will make reasonable endeavours to contact you to discuss).

6.8 Cancellation of products must be made a minimum of 24 hours before your delivery date. Refunds will not be given for any cancellations made less than 24 hours before the delivery date.

GENERAL

6.9 In the circumstance that we are unable to fulfil your order due to stock availability we will call or email you to advise on the next best delivery day, or suggest a substitute. Worzals also cannot be held liable for failure to deliver due to circumstances beyond our control.

6.10 Worzals does not offer an International Delivery Service for online orders.

6.11 Delivery will be completed when we deliver the Products to the address you gave us. We do not deliver to third party courier companies.

  1. 6.12  The Products will be your responsibility from the completion of delivery.

  2. 6.13  You own the Products once we have received payment in full, including all

applicable delivery charges.

CANCELLATION AND RETURN

7.1 As a consumer, you have a legal right to cancel a Contract during the period set out in Paragraph 7.3 below. This means that during such period, if you change your mind or for any other reason you decide you do not want to 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.

7.2 However, this cancellation right does not apply in the case of any custom-made or personalised Products (including but not limited to bespoke hampers) or for any fresh food items given that they are liable to deteriorate or expire rapidly or any long-life food and drink item where the seal has been broken, due to hygiene and health protection reasons.

7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered.

7.4 This excludes all perishable goods. Any dry goods which have been opened will also not be refunded.

7.5 Cancellation of products must be made a minimum of 24 hours before your delivery date. Refunds will not be given for any cancellations made less than 24 hours before the delivery date.

7.6 Refunds will not be given on perishable products past their best before or sell by date. Any products which are fresh and perishable that are not sealed or air tight are unable to be returned, this includes fresh Deli items, desserts and ready meals, butchery items, frozen products or packaged food hall produce. Dry goods may be returned up to 48 hours after the delivery date if the product has not been tampered with, the packaging is in the same condition it arrived in and the packaging is still airtight where necessary

7.7 If you have returned the Products to us because they are faulty or mis-described, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7.8 We refund you via your original payment method. If you used vouchers to pay for the Product we may refund you in vouchers.

7.9 You can send it back to our return address: Returns Lynn Road, Walton Highway, Wisbech, Cambridgeshire, PE14 7DA. Our VAT number is GB209118722.(b) unless the Products are faulty or not as described (in this case, see Paragraph 7.6), you will be responsible for the cost of returning the Products to us.

ERRORS

8.1 Every effort is made to ensure that all the information provided on the Worzals Delivery website is correct at the time of publishing but we make no warranties or representations as to its accuracy.

8.2 The images of the Products on our site are illustrative only. Your Products may vary slightly from those images. Sometimes our images use props, in these cases the product description or list clearly defines what is being advertised for purchase.

8.3 Where the product is a collection of many products, such as our hamper ranges, a full list is supplied.

OUR LIABILITY

9.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

9.2 We only supply the Products for domestic and private use. You agree not to use the product 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.

9.3 We do not in any way exclude or limit our liability for:

  1. (a)  death or personal injury caused by our negligence;

  2. (b)  fraud or fraudulent misrepresentation;

  3. (c)  any breach of the statutory rights laid down by the Consumer Rights Act 2015;

and

(e) defective products under the Consumer Protection Act 1987.

EVENTS OUTSIDE OUR CONTROL

10.1 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 Paragraph 10.2.

10.2 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.

10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

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

  2. (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.

You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any dry goods you have already received and we will refund the price you have paid, including any delivery charges and this shall be our full liability in this regard. This excludes all perishable goods. Any dry goods which have been opened will also not be refunded.

COMMUNICATIONS BETWEEN US
  1. 11.1  When we refer, in these Terms, to “in writing”, this will include e-mail.

  2. 11.2  Other than for methods of communication as are expressly referred to in these

Terms, if you wish to contact us in writing for any other reason, you can send this to us by e-mail to orders@worzalsdelivery.com

or by paid post to Worzals, Lynn Road, Walton Highway, Wisbech, Cambridgeshire, PE14 7DA . You can always contact us using our Customer Services telephone line of 01945 582231.

11.3 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. All email responses will be dealt with as soon as possible, however this may sometimes take up to 5 working days.

11.4 For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

OTHER IMPORTANT TERMS

12.1 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.

12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.4 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.

12.5 We intend to rely upon these Terms and any document expressly referred to in them 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.

12.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our 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. However, 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. We will not file a copy of the Contract between us.

12.7 If you have any queries, complaints, suggestions or comments about our Products, Services or these Terms please contact us at orders@worzalsdelivery.com 

12.8 Definitions in these conditions
‘Product or Products’ means Worzals good(s) listed on the website.

ABOUT US

‘we’, ‘us’, ‘our’ means Worzals, a company registered in England and Wales under company number 09228115 and with our registered office at Lynn Road, Walton Highway, Wisbech, Cambridgeshire, PE14 7DA. Our VAT number is GB209118722.

‘you’, ‘your’, means one of our customers.