Terms and Conditions
We have set out the following “terms & conditions” as it is a legal requirement, as this is a new venture for us the “terms & conditions” may change where necessary
Terms & Conditions
The quality of our products and the service that we wish to provide you our customer are of paramount important to us as a company. By shopping with us online you can expect high standards, just as our shop customers do.
All our goods and services comply with all the standards required by relevant legislation. When shopping with us online, a Contract of Sale is made at the time we accept your order, and the contract shall be under English and Welsh law, irrespective of where you are. By confirming your order on the website, you accept these terms and conditions.
1.a “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.b “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.c “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1d “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.e “Services” means the services that the Buyer agrees to buy from the Supplier;
1.f “Supplier” means V Hopkins & Son Family Butchers Ltd that owns and operates welshbutchers.co.uk;
1.g “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.h “Website” means welshbutchers.co.uk
2.a Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.b These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.c Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.d Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.e Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.f Any complaints should be addressed to the Supplier’s address stated in clause 1.f.
3.a All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.b Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order.
3.c Our Monday 10% OAP Discount Offer can only be used when collecting your order in person from our shop.
3.d Orders over £30 will qualify for free delivery in the Barry area and will be at the discretion of the store manager.
3.e Orders under £30 can still be delivered in the Barry area and will also at the discretion of the store manager but will be subject to a £3.99 same day delivery charge or a £2.99 future day delivery charge
3.f Orders over £30 will qualify for free delivery in the Rhoose, Wenvoe and Dinas Powys area and will be at the discretion of the store manager.
3.g Orders under £30 can still be delivered in the Rhoose, Wenvoe and Dinas Powys areas and will also at the discretion of the store manager but will be subject to a £3.99 same day delivery charge or a £2.99 future day delivery charge.
3.h Orders over £30 can also be delivered in the some other areas in the Vale of Glamorgan and will also be at the discretion of the store manager but will be subject to a £3.99 same day delivery charge or a £2.99 future day delivery charge.
3.i Acceptable Weight Variation. When you place your order, it will be for a nominal weight of produce, at a specified price. We will collect the payment via the payment method you select when placing the order. Because orders are individually prepared, it can be expected that there may be some small variation in weights above or below the weight you choose, and it is impractical for us to request additional payments or process small refunds. We will ensure that this variation never exceeds more or less than 10% of any item specified. Items delivered within 10% of the weight ordered shall be deemed complete.
3.j Because of the seasonal nature of some of our produce and limited supply, it is possible that from time to time, we may be unable to fulfil some orders. If your order is for one specific joint or meal item we will let you know as quickly as possible and offer an alternative product before your order is dispatched.
4 PRICE AND PAYMENT
4.a The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. The shown price excludes delivery charges.
4.b The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.c After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.d Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.
4.e Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received
5 PERFORMANCE OF SERVICES
5.a The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.a The Supplier reserves the right to periodically update prices in accordance to market fluctuations. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.b The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.c The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
6.d The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.a Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.b if the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.a Where a specific delivery date/time has been agreed, and where this delivery date/time cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date/time.
8.b The Supplier shall use its reasonable endeavours to meet any date/time agreed for delivery. In any event date/ time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date/time.
8.c Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods. Please ensure that somebody is available to accept and pay for the delivery, failure to do this could result in delivery being refused in the future.
8.d Risk of the Goods shall pass to the Buyer upon delivery of the Goods.
8.e Title of the Goods shall not pass to the Buyer until payment of the price has been made in full.
9.a We regret that due to the very short timescale involved in processing fresh meat orders, you cannot cancel or amend your order once it has been placed unless specifically agreed by ourselves. If the order has been dispatched then unfortunately we will not be in a position to cancel or amend your order.
10 LIMITATION OF LIABILITY
10.a Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.b Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 LIMITATION TO LIABILITY
15.a To the maximum extent permitted by law, V Hopkins & Son Family Butchers Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of our Web Site or any information contained therein. Users should be aware that they use our Web Site and its Content at their own risk.
15.b Nothing in these Terms and Conditions excludes or restricts V Hopkins & Son Family Butchers Ltd liability for death or personal injury resulting from any negligence or fraud on the part of V Hopkins & Son Family Butchers Ltd
15.c Nothing in these Terms and Conditions excludes or restricts V Hopkins & Son Family Butchers Ltd liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
15.d Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15.e No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15.f Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (93 High Street, Barry, Vale of Glamorgan, CF62 7DY) or by email to [email protected] Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15.h Law and Jurisdiction
These terms and conditions and the relationship between you and V Hopkins & Son Family Butchers Ltd shall be governed by and construed in accordance with the Law of England and Wales and V Hopkins & Son Family Butchers Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
All personal data we collect from you will be used exclusively for the purposes of our relationship, to help us offer improved or new services to you, and may be stored on computer. Your details will be held securely, in confidence, and never disclosed to any third party without your express permission.