Terms & Conditions
TERMS AND CONDITIONS Application 1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are C F Butchers Ltd a company registered in England and Wales under number 11658938 whose registered office is at 4 Hampton Court Road, Harborne, Birmingham, B17 9AE with email address mail@craigfinchbutchers.com; telephone number 01214272129; (the Supplier or us or we). 2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. Interpretation 3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; 4. Contract means the legally-binding agreement between you and us for the supply of the Goods; 5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order; 6. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order; 7. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website; 8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website; 9. Website means our website www.craigfinchbutchers.com on which the Goods are advertised. Goods 10. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and appearance of the Goods supplied. 11. In the case of any Goods prepared to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. 12. All Goods which appear on the Website are subject to availability. Where the Goods ordered by the Buyer are not available an alternative product of equal or greater value will be supplied at no additional cost. Personal information 13. We retain and use all information strictly under the Privacy Policy. 14. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this. Basis of Sale 15. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. 16. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. 17. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract. 18. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing. Price and Payment 19. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing. 20. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods. 21. Prices and charges include VAT at the rate applicable at the time of the Order. 22. The delivery charge applying to your order shall be set out at the time you checkout. You must order a minimum value of £30 to achieve delivery. Standard delivery is £7.95. If you spend over £60 you will receive free delivery. 23. Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once the Supplier can withdraw, withhold or cancel the promotional code at any time. 24. We reserve the right to extend, withdraw or cancel promotional items, special offers or voucher codes, at any time for any reason without notice. All offers are subject to availability and while stocks last. Rights of Supplier 25. The Supplier reserves the right to periodically update prices in marketing communications and on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order. 26. The Supplier reserves the right to withdraw any Goods and/or Services from marketing materials or the Website at any time. 27. The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time. 28. The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the marketing communications or the Website or for refusing to process an order. Delivery 29. Deliveries are made by DPD within 1 working day of dispatch, according to the delivery schedule on the Website. However, 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. 30. The Supplier shall use its reasonable endeavours to deliver the Goods to the Delivery Location within the agreed period. If we are unable to deliver the goods within this agreed period, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 31. 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 whenever they are tendered for delivery. The Goods will become the responsibility of the Buyer from the completion of delivery or Customer collection. 32. In the event that nobody is available to take delivery of your order at your delivery address or you ask us to leave your goods unattended at a secure place, the Supplier expressly disclaims all liability that may arise in consequence of the delivery being left unattended, including, without limitation, theft, tampering, contamination or deterioration, however caused. 33. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them. 34. We are unable to deliver to some remote locations where our courier is unable to provide a next-day delivery service. The relevant postcodes are itemised on the Website. 35. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges. Risk and Title 36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted. 37. You do not own the Goods until we have received payment in full. Cancellation and Returns 38. The Buyer may cancel any order for Goods for any reason up to 24 hours before the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. Due to the perishable nature of the Goods the Supplier will not accept order cancellations after the point of dispatch. 39. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. in an email to mail@craigfinchbutchers.com or by electronically filling in and submitting the contact form on our website www.craigfinchbutchers.com). You must also be able to show clear evidence of when the cancellation was made. 40. In the event of cancellation, we will reimburse to you all payments received from you, including the costs of delivery. 41. Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned. 42. Goods to be returned must clearly show the order number obtained from the Supplier on the package. 43. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 4 Hampton Court Road, Harborne, Birmingham, B17 9AE within the best before date or use by date on the product. You agree that you will have to bear the cost of returning the Goods. 44. The Supplier reserves the right to cancel your order due to any event outside our control or unavailability of stock. In such a situation, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for products that have not been delivered to you, we will refund these amounts to you as soon as possible. Conformity 45. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation. 46. Upon delivery, the Goods will: a. be of satisfactory quality; and b. conform to their description. Complaints 47. You must inspect the goods immediately upon delivery and, in the event that you are dissatisfied in any way with either our service or the quality of the goods you receive, you must let us know promptly in writing via email to mail@craigfinchbutchers.com. 48. Complaints must be raised within 12 hours of receiving the produce and we will require photographic evidence to substantiate any claim. Complaints should be raised via email to mail@craigfinchbutchers.com. We will respond to you within 2 working days. We will not respond to any complaints raised on social media platforms such as Facebook, Twitter or Instagram. 49. Unfortunately, we are unable to accept the return of any produce delivered to you but, if the goods ordered by you do not meet your reasonable satisfaction, we may, in our absolute discretion, refund the value of the goods that have fallen short of your expectations. The refund will be made via the original method of payment. Image Liability 50. Please note that pictures on the website are for illustration purposes only and will be different from the actual product. We do not supply cooked products unless otherwise stated on the product. If in doubt, please contact us before ordering. Errors & omissions excepted. Force Majeure 51. 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. Excluding liability 52. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for any loss which was not reasonably foreseeable to both parties at the time when the Contract was made. 53. 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. 54. Some of our products may contain allergens. We will ensure that the ingredients used in our products are clearly listed on our website but it is your responsibility to ensure that you have read the information. If you require further information on allergens, please contact us. 55. We shall not be liable for goods once they have been delivered to the address or secure place stated in your order. 56. Our packaging is designed to ensure our produce reaches you in perfect condition but it is your responsibility to ensure that all perishable goods are refrigerated as soon as possible upon receipt. 57. Due to the nature of our products the minimum and maximum weight cannot always be guaranteed. We will not except liability for under or over weight products. The published price is the unit price. We will however always endeavour to meet weight expectations. Although we make every effort to be as accurate as possible, because our products are freshly cut to order, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate and the products dispatched may vary slightly from those advertised. Changes to Terms and Conditions 58. 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. Privacy 59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. 60. These Terms and Conditions should be read alongside, and are in addition to our privacy policy. 61. For the purposes of these Terms and Conditions: a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR. b. 'GDPR' means the UK General Data Protection Regulation. c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR. 62. We are a Data Controller of the Personal Data we Process in providing Goods to you. 63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; b. we will only Process Personal Data for the purposes identified; c. we will respect your rights in relation to your Personal Data; and d. we will implement technical and organisational measures to ensure your Personal Data is secure. 64. For any enquiries or complaints regarding data privacy, you can e-mail: mail@craigfinchbutchers.com. Governing law and jurisdiction 65. The Contract (including any non-contractual matters) is governed by the law of England and Wales. 66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.