These Terms and Conditions govern your relationship with Ruby & White At Home Ltd a company incorporated in the United Kingdom under company number 12451094 whose registered address is Portwall Place, Portwall Lane, Bristol, United Kingdom, BS1 6NA (“R&W”, “we” or “us”) and all orders that you may make from time to time for meat and meat boxes and any other produce advertised for sale by us (the “Products”) via the R&W website at www.rubyandwhiteathome.co.uk (the “Website”).
Please read these Terms and Conditions carefully as they affect your rights and liabilities in law. In the event you do not agree to these Terms and Conditions, please do not order from R&W.
We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below. Please check periodically for changes.
3.1. To order from R&W you must create an account via our website. You will be required to make payment at the time of ordering prior to the delivery of goods.
3.2. To register with R&W you must be over eighteen years of age and have a valid debit or credit card. If you are a business you must be operated by a person over eighteen years of age.
3.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
3.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details.
4.1. When you create an account with us you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
4.2. If R&W has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend or cancel your account.
5.1. We partner with Sage Pay who is fully accredited by all the major banks including Lloyds TSB, Cardnet, Bank of Scotland, Barclays Merchant Services, HSBC, Natwest Streamline, American Express, Diners Card, JCB, and Euroconex to provide secure online payments. All payment information is processed by Sage Pay and R&W do not hold any payment details on our systems or records.
5.2. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused.
5.3. If a payment has been rejected by your bank your order will not be processed.
6.1. Your submission of an order amounts to an offer to enter a contract to buy the Products from us.
6.2. You will receive an order confirmation stating the goods purchased and the delivery date requested. You have the right to cancel your order any time up to the midday two days before delivery. To cancel your order please call 0117 973 0333, option 2. Orders cannot be amended once they have been placed. Christmas orders may not be cancelled after 18 December. This is to ensure produce does not go to waste, as all items have already been ordered from suppliers.
6.3. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged. We will, however, bear no liability for unavailability of Products.
6.4. Subject to clauses 6.5 below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the ‘place order’ button.
6.5. Some of our Products are priced by weight. We show the prices for weights on the Website. The average weight and price shown is for guidance only; the weight you receive may vary from this.
6.6. We sell only to end-users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
6.7. All prices for Products are inclusive of any applicable VAT.
7.1 The delivery charge applying to your order shall be set out at the time you checkout. No delivery charge shall be applied to orders with a value of £50 or more. Any orders below that value shall be subject to a delivery charge of £5.
R&W reserves the right to amend the charges made for delivery from time to time.
7.2 If you are adding new items to your order, the price charged will be the price quoted at the time you add to the order. The delivery charge shall be amended and applied in accordance with paragraph 7.2.
7.3 We will debit the total cost of your order, including any delivery charge or packaging cost that may be applied, from your debit or credit card at the time you place your order.
7.4 You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will only offer compensation at our discretion. We reserve the right to refuse to accept orders.
7.6 You are responsible for providing us with accurate delivery address details (including house numbers, street names and postcodes) and for making the appropriate arrangements to receive your order on the actual delivery day.
7.7 Our deliveries are made with “no signature required”. In the event that nobody is available to take delivery of your order or you ask us to leave your goods unattended at a secure place, R&W expressly disclaims all liability that may arise in consequence of the delivery being left unattended, including, without limitation, theft, tampering or contamination, however caused.
7.8 If your delivery is refused or not accepted at a recipients address, we will not take responsibility for this and will not offer a free replacement box.
7.9. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.
7.10 You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. In the event the Products do not meet your expectations or you are in any way dissatisfied, R&W may in its absolute discretion offer you a credit note or refund.
8.1. Although R&W aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see the Website for details) and we will correct the fault as soon as we reasonably can.
8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can.
9.1. R&W may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
9.3 You have the right to cancel or amend your order any time up to midday two days before delivery. To cancel your order please call 0117 973 0333, option 2. Due to the perishable nature of our products, you cannot cancel your order after this time and goods can only be returned after delivery if they are faulty or the items delivered are incorrect. In the event the items are faulty or incorrect, we will refund you or replace the items.
9.3. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using R&W’s services.
9.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
10.1. Whilst R&W tries to ensure that material included on the Website, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights R&W may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
10.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products you purchase from us are faulty or defective you should notify us by emailing email@example.com or contacting 0117 973 0333, option 2. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which have been caused by your mis-use and/or neglect of the Products or by damage caused while the Products are in your possession.
10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
any losses which are not caused by any breach by us; or
business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
10.5 Subject to the provisions of paragraph 11, our entire liability in connection with the contract is for the supply and purchase of Products and will not exceed the purchase price of the Products ordered.
10.6. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
11.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
11.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
12. Applicable law
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England & Wales.
12.2. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
13.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from R&W or use the R&W Website. If you continue to use the R&W Website after the date on which the change comes into effect, your use of the R&W Website indicates your agreement to be bound by the new Terms and Conditions.