1.1. “Business Days” means all days other than Saturdays, Sunday and public holidays;
1.2. “Contract” means any contract between you and us for the sale and purchase of the Goods, incorporating these Terms;
1.3. “Goods” means goods agreed in the Contract to be supplied to you by us;
1.4. “Order” means your order for the Goods as per clause 3;
1.5. “Non-perishable Goods” means those goods which are not Perishable Goods;
1.6. “Perishable Goods” means any Goods which are reduced in value and deteriorate when kept;
1.7. “Terms” means the terms and conditions of sale as set out in this document;
1.8. “us” “we” or “our” means Biblical Foods Limited;
1.9. “Website” means www.BiblicalFoods.co.uk;
1.10. “you” and “your” means the person who purchases the Goods from us.
2. Application of Terms
2.1. These Terms apply to the Contract to the exclusion of any other terms and conditions (including any terms and conditions which you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing).
2.2. These Terms and any documents referred to on our Website in existence from time to time shall regulate the supply of Goods by us to you. All other terms, conditions or representations are excluded (except as implied by statute or in respect of fraudulent misrepresentation). If there is a conflict between these Terms and any document on our Website, these Terms shall prevail.
2.3. The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made by or given by or on behalf of us which is not set out in the Contract.
2.4. Any descriptions or illustrations contained on the Website are produced for the sole purpose of giving an approximate idea of the Goods and they do not form part of the Contract or have any contractual force.
2.5. We reserve the right to amend or change our Terms without notice to you in relation to future orders. You should ensure that before placing an order with us, you have read our current Terms which are on our Website.
3. Formation of the contract
3.1. You can place an Order either:
3.1.1. on our Website by adding Goods to your basket and following the checkout process; or
3.1.2. by telephone to the number specified on our Website.
3.2. You are responsible for ensuring that your Order details are complete and accurate.
3.3. Each order for Goods by you to us shall be deemed to be an offer by you to purchase Goods subject to these Terms and all Goods are subject to availability.
3.4. No contract exists between you and us, for the sale of any Goods until we have received and accepted your order and sent you confirmation in writing (“Order Confirmation”) to the email address you gave at the time of your Order. At the time of acceptance, there is a legally binding contract between us and payment shall be taken by the method you selected at the time of your Order prior to dispatch. The Order Confirmation will set out:
3.4.1. your billing address;
3.4.2. your delivery address;
3.4.3. delivery date and delivery method you chose at the time of your Order;
3.4.4. any special instructions you requested at the time of your Order;
3.4.5. order summary (including a description of the Goods, the total cost of the Goods ordered (inclusive of VAT) and delivery charges); and
3.5. A further email will be sent to you when the Goods are ready to be dispatched (“Dispatch Confirmation”). The Dispatch Confirmation includes a link to enable you to view and track your Order.
3.6. You cannot make amendments/changes to your Order after we have sent the Dispatch Confirmation.
4. Description and price of the goods
4.1. The description of the Goods will be as shown on our Website at the time you place your Order.
4.2. Every effort is made to ensure that the prices of our Goods shown on our Website are accurate at the time you place your Order. If an error is found, either before or at the time of our acceptance of your Order, we shall contact you either by telephone or by email using the telephone number or email address you provided to us at the time of your Order. You shall have the option to either re-confirm your Order at the correct price or to cancel your Order. We shall not process your Order until you have provided either verbal or written re-confirmation to us of your Order at the correct price. If you wish to cancel your Order, we shall refund any sums paid by the same method as we received the original payment.
4.3. The Goods we supply are both Perishable Goods and Non-perishable Goods so it is important that you follow the instructions and labels on the Goods as to their storage and shelf-life.
4.4. The price of the Goods and delivery charges shown on our Website are inclusive of VAT, unless otherwise stated.
5.1. Payment for the Goods and delivery charges can be made by any method shown on our Website at the time you place your Order.
5.2. The price you pay for the Goods shall be the price stated in the Order Confirmation.
5.3. You will be charged for the Goods either at the same time or after we have sent out the Order Confirmation.
5.4. No payment shall be deemed to have been received by us until we have received cleared funds for your total Order.
6. Delivery, Title & Risk
6.1. We shall ensure that the Goods are accompanied by a delivery note which shows:
6.1.1. the date of the Order;
6.1.2. your Order number;
6.1.3. your billing address;
6.1.4. your delivery address;
6.1.5. delivery date and delivery method you chose at time of your Order;
6.1.6. order summary (including a description of the Goods, the total cost of the Goods ordered (inclusive of VAT) and delivery charges.
6.2. Our delivery days and charges can be found on our Website, and we reserve the right to change these at any time prior to your Order.
6.3. Any dates quoted for delivery are approximate only, and time of delivery is not of the essence. Any delay in delivery of the Goods will not entitle you to terminate or rescind the Contract unless such delay exceeds 2 Business Days.
6.4. We shall not be liable for any delay in delivery or failure of delivery of the Goods that is caused by an event or circumstance that is beyond our reasonable control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.5. The risk in the Goods shall pass to you on completion of delivery.
6.6. Title to the Goods shall not pass until we have received payment in full in cleared funds.
Delivery to the Customer’s address:
6.7. Delivery of the Goods shall be deemed to have taken place on delivery of the Goods to the address specified by you on the Order (“Delivery Address”).
6.8. You must provide us with a Delivery Address at the time of your Order. The Order Confirmation shall prompt you to check that your Delivery Address is correct but it is your responsibility to check that the Goods will be delivered to the correct address. You can amend the Delivery Address by contacting us either by telephone or by email from the time you place your Order until we have sent the Dispatch Confirmation. We reserve the right to charge additional delivery charges if you change your Delivery Address at short notice.
6.9. You will be required to sign for the Goods on delivery. If there is no one at the Delivery Address when the delivery is attempted the delivery contractor will:
6.9.1. carry out any special instructions which you requested prior to us sending you the Dispatch Confirmation (e.g. leave the Goods in a porch, garage or with a neighbour); or
6.9.2. in the absence of you requesting any special delivery instructions prior to us sending you the Dispatch Confirmation, the delivery contractor shall leave a card at the Delivery Address stating that it has attempted delivery and it may pass the Goods to a Post Office or other collection facility for you to collect/re-arrange delivery.
6.10. If you give us specific delivery instructions in your Order (or prior to us sending you the Dispatch Confirmation) to leave the Goods at a neighbouring address or other place you nominate without obtaining a signature, the Goods are delivered entirely at your own risk and we will not accept responsibility for any loss or damage suffered.
6.11. If you have not given us specific delivery instructions in your Order (or prior to us sending you the Dispatch Confirmation) and your Goods are passed to the Post Office or other collection facility, it is your responsibility to arrange for collection or re-delivery. The Goods will be entirely at your own risk and we will not accept responsibility for any loss or damage suffered. If no-one is there to accept delivery on the day notified, you are responsible for any loss or damage suffered. We will notify you by email of the day of delivery. If you do not not receive the email, we will not accept responsibility for any loss or damage suffered.
6.12. In the event that you fail to collect the Goods from the Post Office or other collection facility and they are returned to us by the delivery contractor, we reserve the right to dispose of the Goods without any liability or notice to you.
6.13. If we fail to deliver the Goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by an event or circumstance beyond our reasonable control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Collection by Customer:
6.14. Delivery of the Goods shall be deemed to have taken place when the Goods are ready for collection by you at our premises at Flax store, Bushey Heath, Hertfordshire (“Premises”) at the agreed mutually convenient time.
6.15. If you fail to take or accept delivery at our Premises within three Business Days of us notifying you that the Goods are ready, then, except where such failure or delay is caused by an event or circumstance beyond your reasonable control or our failure to comply with our obligations under the contract:
6.15.1. We reserve the right to sell the Goods and take a £5 storage and handling charge to cover the cost of our packing materials.
6.16. If 48 hours after the day on which we notified you that the Goods were ready for delivery you have not taken delivery of them, we may resell or otherwise dispose of part or all of the Goods (including in the case of Perishable Goods, disposing of or destroying them if they cease to be resalable) and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
7.1. 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
7.2. Nothing in these Terms shall limit or exclude our liability for:
7.2.1. death or personal injury caused by our negligence;
7.2.2. fraud or fraudulent misrepresentation;
7.2.3. any breach of the terms under the Consumer Rights Act 2015;
7.2.4. any breach of the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and
7.2.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
8. Your right of cancellation
Right to cancel
8.1. In respect of Non-perishable Goods, you have the right to cancel the Contract before Dispatch Confirmation without giving any reason.
8.2. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. telephone call and/or e-mail).
Effects of cancellation
8.3 If you cancel the Contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
8.4. We may make a deduction from the reimbursement for loss in value of any goods supplied.
8.8. We will make the reimbursement using the same means of payment as you used for the initial transaction.
8.13. You have a legal right to reject the Goods if they are of unsatisfactory quality, unfit for purpose or are not as described and do not conform to the Contract (under the Consumer Rights Act 2015) during the periods set out below:
8.13.1. Non-perishable Goods – Your deadline for rejecting the Goods is the day the Goods are delivered.
8.13.2. Perishable Goods – Your deadline for rejecting the Goods is the day the Goods are delivered.
8.14. If you reject the Goods, you are responsible for returning them to us within 24 hours. Upon receipt of the Goods we shall notify you in writing of your entitlement to a refund.
8.15. If you reject the Goods we will:
8.15.1. refund you the price paid for the Goods;
8.15.2. refund any delivery costs and return costs you have paid;
8.15.3. make any refunds due to you as soon as possible and in any event within 14 days beginning with the day on which we have agreed that you are entitled to a refund.
9. Data protection
9.1. We shall process your personal information in accordance with the Data Protection Act 1998 and shall take all reasonable steps to ensure that the details of your order and payment are secure, but unless we are negligent, we shall not be liable for any unauthorised access to information supplied by you.
9.2. We shall only use your personal information for the purpose of fulfilling your order, unless you agree otherwise.
9.3. We would like to notify you of Goods and offers that may be of interest to you from time to time. To be added to our marketing database, you can either tick the box at the checkout at the time of your Order or you can subscribe to our newsletter by using the sign up form which can be found on our Website. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the email address shown on our Website.
10. Governing Law and Jurisdiction
10.1. The Terms, the Contract, any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
10.2. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, the Contract or its subject matter or formation.