1 – THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you through our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you and what to do if there is a problem and other important information. If you think that there is a mistake in these terms or you have any questions or queries relating to them, please do not hesitate to contact us by email at email@example.com.
2 – INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are The Real Olive Company Limited, a company registered in England and Wales. Our company registration number is 4417361 and our registered office is at Real Olive Company, Charlton Road, Brentry, Bristol. BS10 6NF. Our registered VAT number is xxx.
2.1 How to contact us. You can contact by writing to us at firstname.lastname@example.org or at Real Olive Company, Charlton Road, Brentry, Bristol. BS10 6NF.
2.2 How we may contact you. If we have to contact you we will do so by telephone or by emailing you at the email address you provided to us in your order.
3 – OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods.
This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. We deliver across mainland UK, with some exceptions of the Highlands and Northern Ireland.
4 – OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods and food itself varies in colour, size and quality. Your goods may vary slightly from those images.
4.2 Product packaging may vary. The packaging of our goods may vary from that shown on images on our website.
4.3 We provide general information only. Whilst we may provide general advice, recipes and instructions relating to our goods, any advice, recipes and instructions provided by us relating to our goods have been produced in order to help you in using the goods and to give guidance. These are provided for general information only. We accept no liability for any loss, damage or injury arising as a result of the advice, recipes or instructions provided to you on our website or in conjunction with any of our goods.
4.4 Inspecting our goods. You are responsible for opening and inspecting the goods upon delivery and then storing them correctly (in the fridge). We accept no liability for any loss, damage or injury arising as a result of your incorrect storage of our goods. You are required to contact us within 14 days of receiving the goods to make us aware of any problems with the items delivered.
5 – YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the goods you have ordered please contact us as soon as possible. We require you to tell us about any amendments to your within 12 hours of ordering your items.
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 goods, 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.
6 – OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the goods. We may change the goods to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements. These changes will not affect your use of the goods.
6.2 More significant changes to the goods and these terms. In addition, we may make more significant changes to these terms or to the goods, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7 – PROVIDING THE GOODS
7.1 Delivery costs. Our delivery is free of charge.
7.2 When we will provide the goods. Our standard delivery days are Tuesday-Friday. Your goods will normally be delivered to you within 5 working days. If this should change for any reason, we’ll be in touch.
Our goods are sent via overnight DPD courier, so we’re unable to deliver on Saturdays, Sundays or Mondays.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control (this can include weather, vehicle breakdowns, traffic jams and other such events) then we will contact you as soon as practically possible to let you know and we will take steps to minimise the effect of the delay.
We will not be liable for delays caused by events outside of our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery, we may follow any instructions you have given us of where to leave the goods in the circumstances. If we leave the goods on your doorstep or with a neighbour, and they are stolen or damaged, we do not accept any liability.
If you have contacted the courier directly and made a ‘redelivery request’ so that the courier delays the delivery of your goods, we are no longer liable for any changes to the condition of the goods, or any delay to the delivery. We accept no liability for the goods if a ‘redelivery request’ is made with the courier directly.
7.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and condition 10.2 will apply.
7.6 When you become responsible for and own the goods. You own goods once we have received payment in full. The goods will be your responsibility from the time we deliver the goods to the address you gave us in your initial order.
7.7 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the goods to you, for example, the quantity of food and the delivery address. If so, this will have been stated in the description of the goods on our website. We will contact you to ask for this information if not provided. 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 either end the contract (and condition 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods 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.
7.8 Reasons we may delay the supply of goods to you. We may have to delay the supply of goods to deal with technical problems or make minor technical changes, update the goods or packaging to reflect changes in relevant laws and regulatory requirements and/or make changes to the goods as requested by you or notified by us to you (see clause 6).
8 – YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
8.1.1 If what you have bought is damaged or misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all your money back), see condition 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see condition 8.2;
8.1.3 If you have just changed your mind about the goods, see condition 8.3. You may be able to get a refund if you are within the cooling-off period for non-perishable goods, but this may be subject to certain conditions and deductions and you will have to pay the costs of return of any goods.
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see condition 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation.
The reasons are:
8.2.1 we have told you about an upcoming change to the goods or these terms which you do not agree to (see condition 6.2);
8.2.2 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
8.2.4 we have delayed the supply of the goods for technical reasons, or notify you we are going to delay the supply of them for technical reasons, in each case for a period of more than 48 hours or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 A right to change your mind if the goods are not fresh and perishable. As our goods contain fresh and perishable food, you may not be entitled to the “normal” right to change your mind within 14 days after the day you receive them (such right as set out in the Consumer Contracts Regulations 2013).
8.4 Our guarantee. Please note that we offer a guarantee for all our goods as we stand behind every step of our production process. This guarantee does not affect your legal rights as set out in these terms (see condition 11.2).
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see condition 8.1), you can still end the contract before it is completed, but you may have to pay us compensation.
A contract for goods is completed when the goods are delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable compensation for the net costs we will incur as a result of your ending the contract which may be up to 100% of the price.
9 – HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND FOR NON-PERISHABLE GOODS)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Please email us at firstname.lastname@example.org. If you are exercising your right to change your mind about non-perishable goods you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the goods are damaged or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstance, you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the goods, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds. If you are exercising your right to change your mind for non-perishable goods:
9.6.1 we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
9.6.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.7 When your refund will be made. We will make any refunds due to you as soon as practically possible. If you are exercising your right to change your mind for non-perishable goods then if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see condition 9.2.
10 – OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, delivery address; and/or
10.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in condition 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract which may be up to 100% of the price.
10.3 We may withdraw the goods. We may at any time withdraw certain goods for sale, and we will use our best efforts to ensure our website it up-to-date.
11 – IF THERE IS A PROBLEM WITH THE GOODS
11.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can write to us at email@example.com.
12 – PRICE AND PAYMENT
12.1 Where to find the price for our goods. The price of the goods (which includes VAT where appropriate) will be the price indicated on the order pages when you placed your order. All prices are shown in pounds sterling (£). We use our best efforts to ensure that the price of the goods advised to you is correct. However please see condition 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards, including American Express. Your payment will be taken as soon as the order has been placed. All of our online payments will be processed through Stripe.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice/order confirmation is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13 – PROMOTIONS & DISCOUNTS
13.1 Promotional Codes From time to time, we may make promotional codes available (“Promotional Codes”) that can be redeemed online during the check-out process by entering the code into the relevant box. We may make these codes available via the Website, by email, telephone, social media or through a third party.
13.2 The availability and use of Promotional Codes may also be subject to additional terms and conditions which we will make available to you at the time of the promotion.
13.3 Such terms may include restrictions such as minimum order amounts and may only apply in relation to specific Products or categories of Products.
13.4 Details of the validity period of a Promotional Code will be made available at the time of its issue.
13.5 Promotional Codes cannot be exchanged for cash. We do not permit the sale, trade or purchase of Promotional Codes in any way. This also applies to Promotional Codes published by third parties.
13.6 Promotional Codes cannot be used in conjunction with each other nor any other special offers or discounts.
13.7 Promotional Codes can only be used once per customer, unless specified otherwise at the time of promotion.
13.8 The Real Olive Company retains the right to remove a promotion at any time.
13.9 Discounted Prices Discounted prices apply to products only (subject to availability). Eligible products will be indicated on the relevant pages of the website. We reserve the right to end or alter this offer at any time and are able to remove specific products from the offer at any time.
14- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
14.2 We are not liable for business losses. We only supply the goods via our home delivery for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15 – HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1.1 to supply the goods to you;
15.1.2 to process your payment for the goods; and
15.1.3 if you agreed to this during the order process, to inform you about similar goods that we provide, but you may stop receiving these at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.