Terms & Conditions
Berry Scrumptious LimitedTERMS AND CONDITIONS
This document (together with the additional documents referred to in it) details the terms and conditions on which you may make use of our website www.berryscrumptious.co.uk ("Website"). Please read these terms and conditions carefully before you use the Website or place an order for any of the products ("Products") listed on the Website. By using the Website you indicate that you accept these terms and conditions and agree to abide by them. You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions you will not be able to order any Products from the Website.
We, Berry Scrumptious Limited, reserve the right to vary these terms and conditions from time to time. It is your responsibility to regularly review these terms and conditions before each purchase to keep up to date with any changes to them. We will endeavour to post notices on the home page of the Website or email you if significant changes are made to these terms and conditions.
1. Information about us
1.1 The Website is operated by us, Berry Scrumptious Limited. We are registered in Scotland under company number SC287380 and with our registered office at Manse Farm, Peathill, Rosehearty, Fraserburgh, Aberdeenshire AB43 7HD.
1.2 Due to the nature of our Products we do not at present accept orders from individuals for delivery outside of mainland United Kingdom.
2. Availability and Ordering
2.1 The Products shown on the Website and which may form part of your order are subject to availability and may be withdrawn or replaced with an alternative at our discretion at any time.
2.2 If the Product you have ordered is not available we will try to inform you as soon as possible following receipt of your order at which time you will be given the opportunity to cancel your order. If you elect to cancel your order, we will refund to you the cost of the Products ordered as soon as reasonably practicable and in any event within 30 days. We shall not be liable to pay any other refund or compensation for losses suffered by you as a consequence of our inability to fulfil your order.
2.3 No contract for the sale of any Products will subsist between you and us unless and until we accept your order by way of an email confirming the details of your order and your contact and delivery details ("Confirmation"). All orders are subject to acceptance by us, and we will confirm such acceptance by sending the Confirmation to you (whether or not you receive that Confirmation).
2.4 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it. Any errors in the Confirmation should be notified to us by contacting us at the details contained in clause 6.2 below as soon as possible. Orders cannot be amended less than 24 hours prior to the delivery date.
2.5 By placing an order on the Website you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
2.6 It is illegal for anyone under the age of 18 to purchase alcoholic beverages in the UK. By placing an order on the Website for Products which include alcohol you warrant that you are at least 18 years old and, if the purchase is a gift, that the recipient of the Product is at least 18 years old.
3. Price and Payment
3.1 The price of any Products will be as quoted on the Website from time to time, except in the case of obvious error. These prices include VAT. The delivery costs for deliveries which take place Tuesday through Friday is £5.99. An additional delivery charge will be added to the total amount due for deliveries on a Saturday as set out in clause 4.2 below. Please note that we do not deliver on Sundays, Mondays or the day after bank holidays in Scotland or England.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you the Confirmation. All prices listed on the Website are valid for 14 days from the date your order is submitted to us.
3.3 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our Confirmation procedures so that, where a Product''s correct price is less than our stated price, we will charge you the lower amount when dispatching the Product to you. If a Product''s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
3.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you the Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
3.5 Payment for Products can be made by credit or debit card using our secure online order form. Payment is taken at time of ordering.
3.6 You undertake that all details you provide for the purpose of ordering Products are correct and you consent to our use of them for processing your order and other purposes specified in clause 9 below, that the credit or debit card you are using is your own, or that you have permission to use the credit or debit card from its owner, and that there are sufficient funds to cover the cost of the Products ordered.
3.7 Please note that we cannot guarantee the security of data which you send by email. Accordingly please do not send you payment information by email. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us when placing an order.
3.8 Our gift vouchers are sold in pounds sterling only and may be exchanged for Products as displayed on the Website from time to time. No change will be given from gift vouchers. Our gift vouchers are valid for 12 months from the date of purchase and are non-refundable and cannot be exchanged for cash or replaced if lost. Our gift vouchers may be used as full payment or as part paymentfor any Products of a higher value on payment of the shortfall by an accepted method of payment. Any refunds in accordance with clause 5 of any products purchased using gift vouchers will be by the issue of new gift vouchers.
3.9 Please note that any special offers as displayed on the Website from time to time cannit be used in conjunctions with any other offer ir promotion.
4. Delivery
4.1 We will deliver Products to postal addresses throughout mainland United Kingdom. Our normal method of delivery is by overnight courier which will be nominated by us.
4.2 A delivery charge of £[15.00] will apply and will be added to the price of the Products ordered for delivery on a Saturday. We do not deliver on Sundays, Mondays or the day after bank holidays in Scotland and England.
4.3 Orders must be placed by 10.30am on the day prior to the intended delivery date. We will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time. If you require delivery of Products after this time please contact us direct and we will try to accommodate you.
4.4 The berries are only guaranteed to be fresh for the day they are requested to be delivered. We will not accept any liability for delay if there is no one to receive the order at the delivery address.
4.5 We reserve the right to refuse delivery of any Product which includes alcohol where it appears to us, or our courier nominated in accordance with clause 4.1, or we oe our courier has reason to believe that you or the recipient of the Product is not at least 18 years old as set out in clause 2.6
5. Cancellations, Refunds and Complaints
5.1 Please be aware that the Products are perishable and consequently, save as detailed in clause 2.2 above, you will not be entitled to cancel your order after the Confirmation has been sent to you. You will however be entitled to a full refund in the event that there is evidence that fraudulent use has been made of your credit card to purchase the Products.
5.2 In the unlikely event that the Products you have ordered are damaged or substantially different from that ordered or are otherwise unsatisfactory when you receive them please retain the Products and contact us within 24 hours of receipt of the allegedly damaged or incorrect order. We will not accept liability for any claim of damage to an order or incorrect delivery or unsatisfactory order if you do not advise us of your complaint within this time period. Our contact details are:
Berry Scrumptious Limited
Manse Farm
Peathill
Rosehearty
Fraserburgh
Aberdeenshire
AB43 7HD
Telephone number: 01346 571111
Email: claire@berryscrumptious.co.uk
5.3 Nothing in these terms and conditions alters or affects your statutory rights.
6. Limitation of Liability and Disclaimer
6.1 WHILST WE MAKE EVERY EFFORT TO ENSURE THE DESCRIPTIONS AND PICTURES CONTAINED WITHIN THE WEBSITE ARE A TRUE REFLECTION OF OUR PRODUCTS, THEY DO NOT FORM PART OF THE CONTRACT FORMED BETWEEN YOU AND US. WE PROVIDE NO GUARANTEES THAT THE PRODUCTS WILL CORRESPOND TO THE PICTURES CONTAINED ON THE WEBSITE AND, IN PARTICULAR, THE SIZE OF THE PRODUCTS MAY VARY.
6.2 PLEASE BE AWARE THAT THE PRODUCTS ARE INTENDED FOR HUMAN CONSUMPTION AND WILL CONTAIN SUBSTANCES WHICH MAY BE HARMFUL TO CERTAIN PEOPLE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT NEITHER YOU NOR THE INTENDED RECIPIENT OF YOUR ORDER HAS ANY RELEVANT ALLERGY OR MEDICAL CONDITION WHICH COULD PREVENT THE CONSUMPTION OF THE PRODUCTS. WE WILL BE ABLE TO PROVIDE YOU WITH FURTHER INFORMATION IF YOU WISH BUT WE WOULD ADVISE THAT YOU CONTACT A MEDICAL ADVISOR IF YOU HAVE ANY CONCERNS PRIOR TO PLACING AN ORDER ON THE WEBSITE.
6.3 We are providing the Website to you on an "as is" and "as available" basis. No warranties, representations or undertakings are provided in respect of the Website and accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions or terms which but for this notice would have effect in relation to the Website. We also make no warranties, representations or undertakings that the material on the Website will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties and we exclude all responsibility for any loss or damage that may result from your access to or use of the Website.
6.4 Our liability will not exceed the total price charged for the Products purchased. Nothing in these terms and conditions will exclude or limit our liability for fraud, death or personal injury caused by our negligence.
6.5 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the failure arises from any cause beyond our reasonable control.
7. Intellectual Property
7.1 The Website is protected by copyright, and other intellectual property rights and laws. You may view the Website and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL OR COMMERCIAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.
7.2 Black Tie Berries™, black tie berries™, Bride Berries™ and bride berries™ are unregistered trade marks of Berry Scrumptious Limited. Black Tie Berries™ and Bride Berries™ are EU registered designs with registration numbers 000667555-001 and 000667555-002 respectively.
8. Privacy
8.1 Your privacy is important to us and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of United Kingdom data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes to enable us to fulfil your order.
8.2 We may collect and process the following data about you:
8.2.1 Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our date reminder service, or requesting further services. We may also ask you for information when you report a problem with the Website;
8.2.2 If you contact us, we may keep a record of that correspondence;
8.2.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
8.2.4 Details of transactions you carry out through the Website and of the fulfilment of your orders;
8.2.5 Details of your visits to the Website and the resources that you access.
8.3 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users'' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer''s hard drive. They help us to improve the Website and to deliver a better and more personalised service. They enable us:
8.3.1 To estimate our audience size and usage pattern;
8.3.2 To store information about your preferences, and so allow us to customise the Website according to your individual interests;
8.3.3 To speed up your searches;
8.3.4 To recognise you when you return to the Website.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website. Please note that our advertisers may also use cookies, over which we have no control.
8.4 We may also use your data to provide you with information about our goods and services which may be of interest to you to which you can unsubcribe at any time.
9. Governing Law and Jurisdiction
The Website and these terms and conditions are governed by the laws of Scotland. You agree to submit to the exclusive jurisdiction of the Scottish courts in all matters relating to such use of the Website and in relation to these terms and conditions. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these terms and conditions will remain in full force and effect in so far as possible.
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