WISHBONE & STONE LIMITED
(COMPANY NUMBER: 11340623)
WEBSITE TERMS AND CONDITIONS AND OUR POLICIES
PART A - WEBSITE TERMS AND CONDITIONS
1. These Terms
2. About Us
1.1 If you are placing an order for goods, our acceptance of your order will take place when we assign an order number and email you to accept the order, at which point a contract will come into existence between you and us for the order.
1.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected circumstances or limits on our resources which we could not reasonably plan for or 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.
2. Your Account and Our Products
2.1 When you sign up to our website, you will be able to create your own user account and you can upload your details in order to place orders for the products sold on our website. Use of our website and your account is subject to our acceptable use policy which can be found on our website.
2.2 The images of the products on our website are for illustrative purposes only and your product may vary slightly from those images.
2.3 Whilst we use reasonable endeavours to take care whilst preparing your products, all of our products are prepared in the same kitchen and as such, nuts, gluten and other allergens may be present. We cannot guarantee and make no warranty that our products will not contain any allergens and due to the busy nature of our kitchen there is a risk of cross-contamination between ingredients. If you have a food allergy it is important that you notify us prior to placing your order.
2.4 In addition to our food products, due to our license restrictions, we can only sell alcohol if purchased with food in one single order. It is a criminal offence to sell alcohol to a person under the age of 18 and we operate the Challenge 25 age verification policy and as such, you may be asked to provide proof of age to show you are over 18, on delivery or otherwise. By placing an order with us, you are confirming you are over 18 and have photographic ID to prove this. We reserve the right to ask to see your photographic ID (either in store or on delivery) or refuse the sale of alcohol to anyone who is or appears to be under the influence of alcohol or drugs.
3. Loyalty Programme
3.1 We run a loyalty scheme which is available to all of our online customers. For every £1.00 you spend online, you will receive one W&S point. When you collect 100 W&S points you will receive £10.00 off your next online order.
3.2 Please note that minimum delivery charges apply when points are redeemed. The maximum number of redemption points which can be used in one order is 300 W&S points, which is the equivalent of £30.00 and all W&S points are non-transferrable. If your W&S points are not redeemed within 12 months of the date they were earned, the W&S will be non-redeemable.
3.3 We reserve the right to cancel or amend the loyalty programme at any time, without notice to you.
4. Price and Payment
4.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
4.2 We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our reasonable 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.
4.3 We accept payment using all major credit cards and you must pay for the products in advance at the time the order is placed.
5.1 An order for products for delivery are subject to a minimum order value of £15.00. A delivery charge of £2.50 will be added to your total bill at the time of payment. Please note that our costs of delivery may change from time to time and will be as displayed to you on our website before you complete your order.
5.2 We shall use reasonable endeavors to deliver the products to you in accordance with any delivery times notified to you. All delivery times are estimates only and the actual delivery time may vary from this estimate. Please note that if you change your order or delivery address following submission of an order this may lead to a significant delay in your delivery time.
5.3 If our supply of the products is delayed by an event outside our control then we will contact you 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.
5.4 If, during delivery of an order, you or your authorised representative as specified in your order (as appropriate) fail to take delivery of the products within ten (10) minutes of our delivery driver's arrival the delivery shall be aborted and you will not receive a refund for your order.
5.6 We may contact you if we need any information from you to complete an order. 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 end the contract. 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.
We may make changes to our website, products and/or these terms from time to time (if, for example, there is a change in the law that means we need to change these terms) but the terms applicable at the time of your order will apply to that order. Please check these terms regularly to ensure that you understand the terms that apply at the time that you access and use our website and/or order products from us.
7. Your Cancellation and Termination Rights
7.1 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you do not have the right to cancel all types of contracts due to the nature of the products.
7.2 However, you may request that an order is cancelled or changed after it has been submitted. If you wish to make a change to the product or cancel your order you must contact us before we start preparing the order, or at least one hour prior to the start of your chosen delivery window, for orders placed in advance of delivery. 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 you decide not to proceed with the order or we accept the cancellation we will process any refunds as soon as reasonably practicable.
7.3.3 you have a legal right to end the contract because of something we have done wrong(you may have a legal right to end the contract where, for example, the product you have bought is faulty, mis-described or otherwise not fit for purpose or we have breached these terms and conditions).
In these circumstances, we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
7.4 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment, as soon as reasonably practicable.
8. Contacting Us
If you have any questions or complaints about the product, please contact us. You can telephone us on 0161 641 4647 or write to us at email@example.com 542, Wilmslow Road, Manchester M20 4BY.
9.2 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.
9.3 We only supply products for domestic and private use. You agree not to use the products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We are under a legal duty to supply products that are in conformity with these terms and conditions. Your rights in relation to the products are as set out in the Consumer Rights Act 2015 and nothing in these terms and conditions are intended to or will affect your rights. Your rights are subject to certain exceptions and for more detailed information on your rights and exceptions please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 When we use the words “writing” or “written” in these terms, this includes emails.
11.5 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.
11.6 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.
PART B – OUR POLICIES
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us when you access our website, www.wishboneandstone.com (our site), upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way
Our site is operated by Wishbone & Stone Limited (we, us or our). We are registered in England and Wales under company number 11340623and have our trading premises is 542, Wilmslow Road, Manchester M20 4BY.
By using our site, you confirm that you accept the terms of this policy (and all policies referred to in this policy) and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
If you are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (which are set out below).
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
· Not to access without authority, interfere with, damage or disrupt:
· any part of our site;
· any equipment or network on which our site is stored;
· any software used in the provision of our site; or
· any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation chat rooms and bulletin boards (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all information or other materials which you contribute or upload to our site (contributions), and also to any interactive services associated with your contributions.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
· Be accurate (where it states facts).
· Be genuinely held (where it states opinions).
· Comply with the law applicable in England and Wales and in any country from which it is posted.
Contributions must not:
· Contain any material or information which is defamatory of any person.
· Contain any material of information which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be in contempt of court.
· Be threatening, abuse or invade another person’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
· Contain any advertising or promote any services or web links to other sites.
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in our website and its content, our name and mark and our product names and images. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You are not granted any right to use, and may not use, any of our intellectual property rights. You must not use the website (or any part of it or its content) for commercial purposes; however, you may download material from the website solely for non-commercial, personal use by you.
No part of our website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Changes to this Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Governing Law and Jurisdiction
If you are a consumer, please note that the terms of this acceptable use policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this acceptable use policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
· Strictly necessary cookies.These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
· Analytical/performance cookies.They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
· Functionality cookies.These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
· Targeting cookies.These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.