1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Simply Native Ltd a company registered in England and Wales. Our company registration number is 11496278 and our registered office is at Blackpool Old Road, Highfurlong, Blackpool, FY3 7LX. Our trading name is Simply Native Rare Breed Meats.
2.2 You can contact us by telephoning our customer service team on 07873 348270 or by writing to us at email@example.com
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails but not fax.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this [in writing] and will not charge you for the product / a refund will be processed. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements for example a change in ingredients due to new requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a recipe revision. These changes will not affect your use of the product.
6.2 In addition, as we informed you in the description of the product on our website, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery are below and will also be displayed to you on our website.
Minimum order value is £10
Free Local Delivery is offered for orders over £10 to all post codes within PR, FY, L39, L40, BB1 to BB7, WN6 & WN8
Free Nationwide Delivery is offered for all orders over £65 (subject to certain postcodes being excluded)
Orders below £65 are charged at £9.95 (£8.29 & VAT) delivery.
Our goods are delivered in 100% recyclable packaging with ice gel packs / ice sheets.
We are only able to deliver orders on mainland UK (subject to certain postcodes being excluded).
Our couriers UPS offer a next day service and delivery is to most UK postcodes however there are some exceptions. Unfortunately, we are unable to deliver to Norther Ireland, Isle of Man, Channel Islands, and a few areas in Scotland and The Lake District including but not limited to the post codes listed below:
AB37 – AB38, AB44 – AB45, AB53 – AB56, CA18 – CA27, HS1 – HS9, IM – IM, IV14 – IV28, IV30 – IV32, IV36 – IV36, IV40 – IV56, IV7 – IV7, IV9 – IV12, KA27 – KA28, KW – KW, LA15 – LA23, PA20 – PA20, PA21 – PA38, PA41 – PA41, PA42 – PA49, PA60 – PA60, PA61 – PA78, PA80 – PA88, PH17 – PH26, PH30 – PH44, PH49 – PH50, TR21 – TR25, ZE – ZE
Product weights may differ slightly from those stated. We round down to the nearest 10grams so the actual goods weight may be slightly higher than that selected online.
7.2 Deliveries are sent out weekly on a Thursday for delivery on a Friday. Orders must be received by 12 midnight on Tuesday to be sent out on the Thursday. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
7.3 If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you have asked to collect the products from our premises, you can collect them from us during our working hours of 12 noon -3pm on Thursdays. Please telephone us to advise if you wish to collect your order.
7.5 If you are not in when your delivery is due, you must make suitable arrangements e.g. cool box for the storage of perishable products.
We take no responsibility for any lost or damaged products if there is no one at the address you have provided at the delivery time confirmed in your order acceptance or if you fail to specify a safe and convenient location in your absence.
7.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
7.6.1 we have refused to deliver the goods.
7.6.2 delivery within the delivery deadline was essential (considering all the relevant circumstances); or
7.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery.
7.9 A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.10 You own a product once we have received payment in full.
7.11 We may need certain information from you so that we can supply the products to you, for example, delivery instructions. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 We may have to suspend the supply of a product to:
7.12.1 deal with technical problems or make minor technical changes.
7.12.2 update the product to reflect changes in relevant laws and regulatory requirements; or
7.12.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.5). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 11.
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6).
8.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control.
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days: or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 You do not have a right to change your mind in respect of:
8.4.1 Products which are perishable products (such as raw meats).
8.4.2 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them: and
8.4.3 any products which become mixed inseparably with other items after their delivery.
8.5 Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 07873 348270 or email us at firstname.lastname@example.org Please provide your name, home address, the order number and, where available, your phone number and email address.
Please note that if you wish to end the contract before products are dispatched, we must receive notice from you at least two working days before your delivery date.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return the sealed products to us, unless those products are perishable. Please call us on 07873 348270 or email us at email@example.com for a return label or to arrange collection. We may charge for collection of products.
9.3 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.4 If you are exercising your right to change your mind:
9.4.1 We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.4.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.5 We will make any refunds due to you as soon as reasonably possible.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if you do not:
10.1.1 make any payment to us when it is due.
10.1.2 within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information; or
10.1.3 within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07873 348270 or write to us at firstname.lastname@example.org
11.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For the avoidance of doubt, perishable products (such as meat) once dispatched for delivery cannot be returned.
12. PRICE AND PAYMENT
12.1 The price of the product (& VAT if applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 We accept payment with Stripe payment platform. You must pay for the products before we dispatch them. If you have subscribed to receive products on a reoccurring basis, we will take payment from the payment details you provide to us 1 day before the date of dispatch.
12.5 If you think an invoice is wrong, please contact us promptly to let us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
13.3 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment later.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR) via their website at www.cedr.com