- Interpretation and Definition
In these Terms and Conditions the following words and phrases shall have the following meanings:
- The “Carrier” refers to the courier or any other provider of delivery services chosen by the company to provide delivery services to customers.
- The “Company” means The Scottish Gourmet.
- The “Customer” means a person who has placed an order with the company.
- “Order” means an order made in accordance with these Terms and Conditions on an order form or by other written or electronic means containing similar information to an order form, or by telephone and in each case accompanied by full payment including, where applicable, payment for postage and packing, and for transit insurance.
- “Order Form” means a pre-printed order form issued by the company or copy of such a form.
- Receipt of Orders
The placing of an order by a customer shall constitute an offer to the company to purchase goods at the current price advertised by the company. The company shall have an absolute discretion as to whether or not to accept that offer.
- Offer and Acceptance
If the company decides not to accept an offer made according to the terms of the above clause, the company shall inform the customer accordingly and refund or return to the customer all monies included with the order, or those sums relating to that part of the order which is not accepted.
- Availability of Stock
The company shall endeavor to supply any and all items ordered. However, the company reserves the right not to supply any or all items ordered by a customer if the same are not available.
- Time of Delivery
The company shall endeavor to ensure that a customer’s order is dispatched at the time requested by that customer. Where the company is unable to dispatch an order at the time requested by a customer, that order shall be dispatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
- Title and Risk
Title to and risk in the items ordered by the customer shall pass to the customer on delivery to the customer(s) premises once full payment has been received by the company.
- Guarantees and Limitation of Liability
- 7.1. If a customer is not satisfied with any item supplied to him by the company, he or she may return that item to the company for a replacement or refund.
- 7.2. The company’s liability for any and all purposes including loss consequential to a breach of these Terms and Conditions or if any item supplied is in any way unsatisfactory shall be limited to a maximum of the value paid by the customer to the company.
- Repayments due to Customers
Where the company is liable to repay any amount to a customer under these Terms and Conditions, that repayment shall take the form of a cheque or card refund for all sums.
- Cancellation and Variation of Orders
A customer may at any time before the day on which the order is packed, amend or cancel the order, including changes to the preferred dispatch or collection dates, without incurring any extra charge.
- Menu Prices
- 10.1. Unless otherwise stated, all prices shown in menus and price lists include any VAT, which is chargeable on the sale of the particular item.
- 10.2. In the event that VAT rates increase during the currency of a menu or price list, the company reserves the right to pass on any such additional amounts to the customer.
- Terms and Conditions
- 11.1. These Terms and Conditions shall override all other contractual terms other than those implied under sections 12 and 14 of the Sale of Goods Act 1979.
- 11.2. The company may at any time amend or replace these Terms and Conditions. Any other Terms and Conditions introduced will not apply to any orders placed during the currency of these Terms and Conditions