TERMS & CONDITIONS OF SALE
This page outlines as clearly as possible, our terms and conditions of sale. Please take the time to read through them and if you have any questions, please contact our customer care team.
These Terms and Conditions of Sale were last updated on December 5th 2020.
THE COMPANY AND YOU
1.1 This website www.spicesmiths.co.uk is owned and operated by Everlong Digital Ltd (‘us’ or ‘we’ or ‘Spicesmiths’). Registered in England & Wales under Registration No: 10059090 and VAT No: 300 4951 42
1.2 References to ’you’ are to you the customer who is dealing with Spicesmiths
1.3 Delivery areas are defined as UK mainland postcodes excluding Highlands and Islands.
1.4 If you have any queries about these Terms & Conditions of Sale, please email Customer Services at email@example.com
ORDERS AND DELIVERIES
2.1 Order Acceptance Policy
All orders requests received are subject to acceptance by Spicesmiths and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
2.2 Changes to your order
If you wish to change your order, please do so contacting us at firstname.lastname@example.org We’ll always do our best to make last-minute changes for you, but we can only guarantee changes that are requested by 4pm of the day the order has been placed. The order has to be considered changed once the Customer Service team confirm the order change to you.
2.3 Delivery Destinations
2.3.1. We regret that we can only take orders online for deliveries within the United Kingdom. Due to complexity of delivering fresh produce and matrix delivery pricing via third parties we are unable to have standardised quotations and availability for deliveries outside the UK. However we pride ourselves in customer service so if you wish to purchase produce for delivery outside the UK please contact us at email@example.com with the details of your order and address and we will be able to send you an accurate quotation within 1 working day.
2.3.2. Please be sure to check local restrictions and duties payable prior to purchasing as we are unable to cover these on behalf of customers. If you have a question about delivery outside of the UK and Channel Islands, please email firstname.lastname@example.org
2.4 Delivery charges
2.4.1. Free Standard Mainland UK Delivery for orders over £30 (after any discount, promo or voucher that may be applied).
2.4.2. We will deliver the order in accordance with the next delivery day available for your area. Whenever referred to, working days exclude Saturday, Sunday and Bank holidays.
2.5. Daytime delivery
Our normal delivery times are 07.00 to 19.00 Monday to Friday. If you are unlikely to be home during these hours, please specify an alternative delivery address, (i.e. work, a relative, neighbour etc) separate to your payment address. For UK deliveries you will receive a tracking link from our delivery partner DPD. Please be aware that because you order a fresh/chilled product, we do not recommend delaying delivery or leave it out of the fridge for long time as this will break the chill chain and we will be unable to accept any return of such product.
2.6 Circumstances beyond our control
2.61 Adverse weather conditions
During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren’t able to refund or offer re-delivery of affected orders.
2.6.2 Force Majeure
Spicesmiths shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond our reasonable control.
ACKNOWLEDGMENT AND ACCEPTANCE OF YOUR ORDER
3.1. We will notify you by email as soon your order is placed to acknowledge receipt of your order and to provide you with an order number. If due to circumstances out of our control we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this.
3.2 We may not accept your order if an item you have ordered is out of stock, if we have identified a product or pricing error or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
Our curry boxes are sent out in insulated packaging to ensure they remain fresh. If the food we deliver to you does not seem fresh, please contact our Customer Support team at email@example.com to let us know. If, at our sole discretion, the food does not meet our high freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the un-fresh food within 24 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
While our curry boxes are packed carefully to ensure they arrive in perfect condition, on occasion (and for reasons beyond our control) damage may in transit. Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged products within 24 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount paid for the damaged items within 3 business days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
While we do everything we can to make sure your orders are delivered, sometimes mistakes do happen and deliveries don’t arrive. If we fail to deliver your order we will send you a free replacement on our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount paid within 3 business days. Please note that banks might take an additional 3-5 days to refund the amount on your card.
Due to the perishable nature of our curry boxes, we are unable to accept returns. We offer our customers refunds or replacement delivery if our orders are not delivered to an acceptable quality, as detailed above.
Please contact Customer Services at firstname.lastname@example.org for advice and information on returning products to us.
4.5 Inspecting your goods
You should inspect all purchased products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem immediately (within 24 hours of receipt) or you cancel the order (by 4pm on the day the order was placed) in accordance with your cancellation right (see below) and/or you return the goods in accordance with our Returns Policy if such return is permitted. If you fail to take such action, we are not obligated to accept any rejection by you of the merchandise at a later date. Your statutory rights are not affected.
In the event that items listed on the Delivery Note do not match those contained in your parcel; or goods are received damaged or faulty in any way, please notify us immediately (within 2 working days of receipt) by emailing us at email@example.com
- CANCELLATION RIGHTS
5.1. Subject to clause 5.2 the Distance Selling Regulations mean you may have the legal right to cancel your order within 7 working days from the date of receipt of the goods if you send us a Notice of Cancellation in writing and return the goods to us in their original, unopened and unused condition. You can submit your Cancellation Notice by email to our customer services department at firstname.lastname@example.org Your statutory rights are not affected.
5.2. The Distance Selling Regulations do NOT apply to orders of fresh or chilled items and you will have no right to cancel orders for these products. However, if you send us an email to email@example.com by 4pm of the same day you have placed your order we will do our best to help you.
- OFFERS AND PROMOTION CODES
6.1 At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
6.2 In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
6.3 As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.
6.4 We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
6.5 Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Spicesmiths service, and are only available once to any one household.
6.6 Except where otherwise stated, discounts and credits are available only once to any one person. Discounts and credits cannot be used in conjunction with any other offers.
6.7 Discounts and voucher codes cannot be redeemed against delivery charges; special introductory discounts or percentage discount vouchers are applied only to the cost of products unless otherwise stated. Please note that if by using a discount or voucher, your order total (excluding the delivery charge) is below £30, you will not be entitled of receiving free shipping as per section 2.5.
6.8 Credit expires 12 months from the date that it is added to an account. We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
- GIFT CARDS
7.1 All our usual terms and conditions apply to Gift Cards. The following terms and conditions will also apply to the purchase and redemption of Gift Cards on the Spicesmiths website:
7.2 Gift Cards ordered through our website will be delivered either by electronic means to the email address you specify or by physical means by way of a physical Gift Card being delivered to your chosen recipient on the date of your choosing.
7.3 Unless otherwise stated site offers and promotions (including credit) do not apply when purchasing Gift Cards. Our Gift Cards must be redeemed on our Website, as full or part payment for products from our Website.
7.4 Gift Cards cannot be exchanged for cash. All Gift Cards are dated and expire 12 months from the date of issue. No refunds will be processed in respect of the purchase of Gift Cards.
7.5 The first redemption of a Gift Card cannot be used in conjunction with any other credit or discount. Gift Cards cannot be redeemed against shipping charges.
7.6 Where products purchased online with a Gift Card are returned, any monies owing will be refunded by way of the relevant amount of credit added to the Gift Card recipient’s account Spicesmiths
7.7 Spicesmiths is not responsible if a Gift Card is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
8.1. All items are subject to availability. Validly stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website. We will inform you as soon as possible if the goods you have ordered are not available for purchase
- LEGALLY BINDING CONTRACT
9.1 Please remember that when we accept your submitted order for merchandise on this website, there will be a legally binding contract.
- LAW, JURISDICTION AND LANGUAGE
10.1. Any contracts entered into as a result of usage of this website are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English. These Terms & Conditions of Sale do not affect your statutory legal rights.
10.2. The purchase of products through the Spicesmiths website is strictly limited to parties who can lawfully enter into and form contracts on the website in accordance with English law.
- CHANGES TO THESE TERMS & CONDITIONS
11.1 We reserve the right to change these Terms & Conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
12.1. In order to make a purchase through the Spicesmiths website or to use some of the services or features made available to you on our website you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and email address, which must be true, accurate, current and complete in all respects.
12.2. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time.
- DATA PRIVACY
- ACCURACY OF PRICING
14.1. We have taken great care in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the product or its price as advertised on this website.
14.2. All prices are displayed including VAT and exclusive of delivery charges. The total cost of your order is the price of the merchandise and delivery charges as set out in the Delivery Charges (see sections 2.2 and 2.2.1).
- PRICE MATCHING
15.1. We do not price-match with other retailers. We do, however, consistently work towards maintaining competitive prices on all products. All prices are stated inclusive of any applicable VAT, unless otherwise stated. All applicable delivery charges are set out explicitly in your order.
- ACCURACY OF CONTENT
16.1. Although unlikely, the packaging on some products may vary from that shown. The weights and dimensions are approximate. We make every effort to display as accurately as possible the colours and shades of all products that appear on the website. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the merchandise on delivery.
- PAYMENT (OTHER THAN FOR TRADE ACCOUNTS)
17.1. Payment can be made using the payment methods detailed in the Checkout section of this website. We currently do not accept PayPal.
17.2. Payment will be debited from your account at the point at which your order is processed/dispatched.
17.3. By entering these payment details at checkout you confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card.
17.4. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to Spicesmiths, we will not be liable for any delay or non-delivery of merchandise.
17.5 You represent and warrant that the payment details you provide on ordering each time are both valid and correct and you confirm that you are the person referred to in the billing information provided.
17.6. We retain the legal ownership of all products until full payment has been made by you and received by us and legal ownership of the products will immediately transfer back to us if we refund any payment for the products to you.
- EXCLUSIONS OF LIABILITY
18.1 Any disclaimers and exclusions of liability in these Terms & Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Spicesmiths or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by English law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
18.2 Whilst we agree to use all reasonable endeavours to ensure that the Spicesmiths service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Spicesmiths service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Spicesmiths service impossible or impractical.
18.3 Except in cases of death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, our liability in connection with your order with us shall not exceed the price paid to us for the order in question (defined as an individual delivery within a particular week, not an entire subscription).
18.4 Subject to the exclusion above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Spicesmiths service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the products supplied.
- COMPLAINTS AND SUBMISSION OF INFORMATION
19.1. We hope it will not be necessary, but should you wish to complain about any matter in regard to the products or services offered on this website, please email us at firstname.lastname@example.org
20.1. No failure to exercise and no delay on the part of Spicesmiths in exercising any right, remedy, power or privilege of Spicesmiths under these terms & conditions and no course of dealing between you and Spicesmiths shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Spicesmiths.
21.1. In bundle or Hamper deals we reserve the right to substitute any product for products of equal or greater value.
22.1 There are provisions in our Website Terms & Conditions of Use which relate to your use of the Spicesmiths website to place orders with us and any such orders are also subject to those Website Terms & Conditions of Use.