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Elegusto Limited
Terms and Conditions of Business and Use
(Last updated 12 April 2005)
These conditions shall apply to any contract
formed between Elegusto Limited ("Elegusto") and any person, firm
or company ("You") placing an order with Elegusto for the supply
of goods ("the Goods"). These terms and conditions of sale shall
take precedence over and supersede any previous terms and conditions
of Elegusto.
Orders
Elegusto will be under no liability for any order received until
the order is accepted in writing. We will do our best to be flexible
for our customers, but once accepted an order may only be cancelled
or varied with Elegusto's consent.
Price
All prices are quoted in pounds sterling, and refer to quantities
as marked. As our cheeses are hand cut, the weight of the cut
piece indicated is approximate. Your payment card will be debited
by the amount detailed in the checkout and we will ensure that
the piece of cheese cut is within 10% of the weight ordered. The
prices include Value Added Tax, unless otherwise specified but
exclude any delivery charges.
Notwithstanding any price specified in the order
acceptance, the price of any item of Goods shall be that ruling
on the date of their despatch. Orders and offers are subject to
being unsold and to being available at the time of despatch.
Any discounts or sale prices offered are based
on previously advertised prices that were available for consumers
to buy for at least 28 consecutive days in the previous 6 months.
Where a particular wine is part of a mixed case with a general
discount applied, the discounted price for the case is relative
to the previously advertised, non-discounted prices for the constituent
wines.
Payment
Elegusto accept payment by Switch, Visa, MasterCard and Amex which
must accompany your order. If payment is not received by Elegusto
with the order then (without prejudice to any other remedies which
Elegusto may have) Elegusto may postpone despatch of the Goods.
You shall be solely liable for any adverse consequences of such
postponement (including without limitation any deterioration of
the Goods).
Substitution
Elegusto products are generally made in small quantities and by
their very nature will run out from time to time. If you order
a case of wine or a selection of cheeses, we may substitute some
of these, but we never use this as an opportunity to supply inferior
products. We will only ever replace up to three bottles or one
cheese without seeking your consent. If you ever have cause to
disagree with our choice of replacements, we will give you a credit
for any of the Goods that we have switched, no questions asked.
Satisfaction Guaranteed
If you buy any Goods from us and you don't like a particular bottle
of wine or cheese, we will credit your account for the full amount
for that particular item. If you have bought a whole case of one
particular wine, then we will refund the price for the whole case,
including delivery, as soon as we have collected the rest of the
wine from you, provided of course that you have only opened one
bottle from the case. Please contact our Customer Service team
on 0845 351 0600 if you are not entirely satisfied with the Goods
you have bought from us or our service.
Abuse of Satisfaction Guarantee
If we feel that our Satisfaction Guarantee is being abused, we
will fulfil our Satisfaction Guarantee on the present purchase
but reserve the right to withdraw this offer from future orders
in which case our obligations to you for any claim will be limited
to your statutory rights and we will not be bound to deliver our
full Satisfaction Guarantee.
Delivery
We will deliver your Goods to anywhere in the United Kingdom but
must make a surcharge for deliveries to Northern Ireland, the
Scottish islands, the Scilly Isles and the Isle of Wight. Unfortunately
we are unable to deliver to the Channel Islands, the Isle of Man
or other British Dependent Territories. Please call our Customer
Service team on 0845 351 0600 for more details. Lines are open
10.00am to 8.00pm weekdays and 10.00am to 4.00pm on Saturdays.
We normally deliver between 9.00am to 5.00pm
on weekdays, although Saturday deliveries (within M25 only) are
made between 8.00am and 12 noon. You can give us instructions
to leave the Goods in a safe place if you do not expect to be
at home when your Goods are delivered. If they get stolen, we'll
replace them free of charge.
If you prefer to have the wine delivered to
you in person, we will of course do so. If you are not there the
driver will leave a card for you to arrange a more convenient
delivery time. If we have not attempted to deliver your wine within
seven days of you placing an order, then we will refund the delivery
charge to your Elegusto account for you to offset against your
next order, unless you insist on having the wine delivered to
you personally and are out when the driver attempts delivery.
Loss And Damage In Transit And Non-Conformity
We need you to examine the Goods upon their delivery for any obvious
damage or shortage. You must tell us about any claim that the
Goods are damaged or short delivered or not in conformity with
order within three days of delivery. If the Goods are damaged,
the carrier will need to collect the complete case including the
damaged contents and the original packaging. If you have any queries
regarding delivery please contact us at delivery@Elegusto.co.uk.
Non-delivery shall be reported to both Elegusto within fourteen
days of the date of us telling You that the Goods have been dispatched.
Retention of Title
Property in the Goods shall not pass until the full Contract price
has been paid or until the date of despatch (whichever is the
later). If you purport to sell the Goods or any part of them before
property in the Goods has passed to you, you shall hold the proceeds
thereof as trustee for Elegusto.
Presentation
Glassware, baskets, plates, accessories and garnishes shown in
any serving suggestions in the brochures produced by Elegusto
and other advertising material are not included in the sale unless
specifically stated.
Force Majeure
Elegusto will exercise every reasonable effort to meet any quoted
or agreed despatch date. Elegusto shall not however be liable
for any loss or damage due to delays or failure to ship resulting
from any cause beyond its reasonable control, such as but not
limited to securing necessary export licences, compliance with
laws or regulations, acts of God, acts of omissions of the Purchaser,
acts of civil or military authority, judicial action, defaults
of sub-contractors or suppliers, labour disputes, failure or delays
in transportation, embargoes, wars or riots.
Christmas Despatch
Orders for Christmas must be received by Elegusto NO LATER than
fourteen days prior to Christmas Day. Elegusto will endeavour
to despatch all orders to comply with the customer's requested
delivery date. Elegusto does not accept any responsibility for
delay from any cause, which results in delivery being made late.
Health & Safety And Compliance With
Laws
We will only sell alcohol to anyone who is 18 years old or over.
By placing an order you confirm that you are at least 18 years
old. If you are buying a case of wine as a gift - the recipient
must also be over 18 years old. If our couriers are in any doubt
about the age of the recipient on delivery, they will request
some form of ID. If the person receiving the wine is unable to
produce appropriate ID, unfortunately our couriers will be unable
to leave the wine.
You shall ensure that the Goods are used prudently
and in accordance with any relevant information or advice which
Elegusto may make available to you including without limitation
advice as to perishability and/or shelf life of the Goods.
You shall indemnify Elegusto against all costs,
claims demands or expenses whether arising as a result of any
breach by you of your obligations under this Clause or incidental
thereto.
Warranties
Elegusto shall only be liable for loss which directly arises from
any injury to persons or damage to tangible property where and
to extent that such injury or damage is directly caused by any
defects in the Goods and where such defect is caused by Elegusto's
negligence or default; and in such a case the liability shall
not exceed the cost of replacement or repair of the defective
Goods.
Trademarks, Service Marks And Registered
Designs
You shall not, without the written consent of Elegusto:
(a) Apply any trademark service mark or registered design to the
Goods.
(b) Make any use of the name or trademark service mark or registered
design of Elegusto.
(c) Remove, alter or obscure any trademark applied to the Goods,
their packaging or accompanying materials by Elegusto.
Variations
No variation or addition to these Conditions shall be effective
unless contained on the face of the order acceptance or in a written
instrument signed by a Director of Elegusto and a copy of such
instrument is annexed to the order acceptance.
Privacy
The information we collect from customers helps us personalise
and continually improve your experience with us. We use this information
to process orders, deliver products and services, collect payments,
communicate with you about your orders, products, services and
promotional offers, update our records and generally maintain
your accounts with us. We also use this information to improve
our service, prevent or detect fraud or abuses of our website
and enable third parties to carry out technical, logistical or
other functions on our behalf. In providing personal information,
you consent to our collecting and using information about yourself
in this way.
Jurisdiction
The Contract shall be construed and take effect according to the
law of England and Wales.
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