Terms and Conditions
1.1. "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier
1.2. "Supplier" means Penny's Meats Ltd that operates www.pennysmeats.co.uk
1.3. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.4. "Goods" means the items that the Buyer agrees to buy from the Supplier
1.5. "Services" means the services that the Buyer agrees to use from the Supplier
1.6. "Website" means www.pennysmeats.co.uk
1.7. "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier
1.8. "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions
2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Complaints are to be addressed to the Supplier stated in 1.2.
3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services and are subject to acceptance by the Supplier. The Supplier may therefore choose not to accept an order for any reason. The Buyer will be notified of this refusal.
3.2. It is possible for Goods ordered by the Buyer to not be currently available in stock and the Buyer will be notified of this. The Buyer will have the option to wait for the Goods to become available with an estimate of time frame, take an available substitute of Goods agreed between Penny's Meats and the Buyer (at a greater or equal value at no additional cost) or cancel the order and receive a full refund within 28 days.
4. PRICING AND PAYMENT
4.1. The Supplier reserves the right to alter prices on the Website, therefore no price can be guaranteed until the point of checkout.
4.2. The price of the Goods and/or Services shall be that stipulated clearly on the Website. The price is inclusive of VAT. The price shown of Goods excludes delivery charges that may be later applied.
4.3. When ordering online, the total purchase price, including VAT and delivery charges, if applicable, will be shown in the Buyer’s shopping cart at the checkout stage prior to confirming the order.
4.4. Payment of the price including VAT and delivery charges, if applicable, must be made at the point of ordering.
4.5. After an online order is received the Supplier shall confirm the details, description and price of the order for the Goods and/or Services along with information about the Buyers right to cancel and how to cancel the order.
4.6. If any payment of Goods and/or Services is not paid on time or any payment is rejected, the amount that is owed will be treated as overdue and the Supplier will be entitled immediately to suspend the Service or further deliveries of Goods until full payment has been received. The Buyer will be notified by email of these changes.
4.7. The title of the Goods shall not pass to the Buyer until payment of the price has been made in full.
5.1. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make reasonable endeavours to deliver the Goods on the agreed date/s.
5.2. In any event the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date/s.
5.1. In the case of a delivery date/s being agreed, and where this delivery date/s cannot be met, the Buyer will be notified by email and given the opportunity to agree a new delivery date/s or cancel the order and receive a full refund within 28 days.
5.4. The responsibility of the Goods shall pass to the Buyer on delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted on the date/s agreed.
6. CANCELLATION AND RETURNS
6.1. The Buyer has the right to cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer for that order shall be refunded in full within 28 days
6.2. Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the use by date on the product. The Buyer shall be entitled to a replacement plus return postal costs or a full refund including delivery, as well as return postal costs.
6.3. The Buyer must provide the order number with proof of identification of any Goods being returned.
7. RIGHTS OF THE SUPPLIER
7.1. The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be fully error-free. The Supplier has full rights to stop the Services provided at anytime to make improvements. In this circumstance the Supplier will do its upmost to resolve any issues as quickly as possible.
7.2. The Supplier reserves the right to remove any Goods and/or Services from the Website at any time.
7. AGE OF CONSENT
7.1. Goods and/or Services may only be purchased by persons of a certain age, confirming the order at checkout will display to the Supplier that the Buyer is of the certain age.
7.2. If the Supplier discovers that the Buyer is not legally entitled to order the Goods and/or Services, the Supplier shall be entitled to cancel the order immediately and the Buyer will be notified following the termination.
8.1. Except as may be implied by law where the Buyer is a Consumer, in the event of a breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages. In no circumstances should the remedies exceed the price of the Goods and/or Services.
8.2. Nothing in these Terms and Conditions shall exclude the liability of the Supplier for death or injury resulting from the negligence of the Supplier or of the Supplier’s employees.
8.3. The Supplier shall not be liable for any delay or failure to perform any of its obligations, if it is a result from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, acts of government, accidents, war, fire, flood, epidemics, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations. The obligations may also be excused in whole or part.
9.1. No waiver by the Supplier (whether express or implied) in enforcing the Suppliers rights under this contract shall prejudice the Suppliers rights to do so in the future.
12. GOVERNING LAW AND JURISDICTION
12.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
12.2. If any statement of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. TERMS AND CONDITIONS CHANGES
13.1. The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
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