Terms & Conditions: of Sale

These Terms and Conditions shall govern the sale and purchase of products through Booths website(s) and your relationship with Booths (Booths, we or us). Please read them carefully as they affect your rights and liabilities under the law.

© 2018 E.H.Booth & Co Ltd. All rights reserved.

Introduction

These terms and conditions shall govern the sale and purchase of products through our website.

You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

Interpretation

In these terms and conditions:

  • “we” means Booths; and
  • “you” means our customer or prospective customer,
  • and “us”, “our” and “your” should be construed accordingly.

Order process

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section. We are not obliged to accept your order and may cancel your order if we cannot supply the goods for any reason.
To enter into a contract through our website(s) to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping basket, and then proceed to the checkout; if you are a new customer, you may be required to create an account with us and log in; if you are an existing customer, you may be asked to enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation at which point your order will become a binding contract or we will confirm by email that we are unable to meet your order. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Booths.
You will have the opportunity to identify and correct input errors prior to making your order by editing the products and quantities, personally identifiable information and payment details.

Products, Availability and Substitutions

The following types of products are or may be available on our website(s) from time to time: food, wine and grocery.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

All products are subject to availability and prevailing market conditions. Many products are supplied exclusively by small scale producers, therefore supplies are limited. We may limit the quantities of products (particularly those on special offer) available to any one customer if in our opinion the quantity ordered may jeopardise availability for other customers. We will inform you as soon as possible if the product ordered is not available.

We may on occasion offer a substitute for the same price or of higher value, but you will never pay any more. If you wish, you can choose not to accept the substitution offered and accept a refund for the product in question.

Products purchased from us are for the customer’s own use (which may include their use as gifts for third parties). Items may not be resold or otherwise used for commercial purposes.

In relation to gift hampers, we guarantee a minimum shelf life of 28 days for the earliest dated product within an ambient hamper unless otherwise specified on the product page.

Age Restriction

We sell products containing intoxicating liquor. For clarity a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume. Vintages, labels, closures and alcohol by volume may vary.

Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor subject to a maximum fine of £1,000 or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000 or 3 months imprisonment.

We are committed to upholding the legal and social obligations as a retailer of intoxicating liquor. To achieve this we have a number of control checks throughout the order and distribution process both in store and online.

In accepting these terms and conditions you agree to provide truthful and accurate information and act in accordance with the Licensing Act of 2003 or where applicable the Licensing Scotland Act 2005.

 

Product Information and Imagery

We have taken every care in the preparation of the content of this website to include accurate and up-to-date information. Content is gathered from various sources and although we believe it to be accurate at the time of publication, we accept no responsibility for, and make no representation or gives any warranty or undertaking express or implied as to the accuracy or completeness of the information. Product information in relation to food, wine and grocery is constantly being reformulated, so ingredients, nutrition content, dietary and allergens may change. You should always read the product label and not rely solely on the information provided on this website. It is therefore essential that you verify all such information directly with us before taking any action in reliance upon it.

Images of products on our website are for illustrative purposes only. Although we’ve made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products and packaging may vary slightly from those images.

The range and weight of products referred to on this website are subject to availability. We will endeavour to supply any items within the required weight group. Due to natural farming methods used, the weights of free range birds may vary.

The vintage of wines displayed in images may differ from the vintage of the products sold, images of products are for illustrative purposes only. Please refer to the product description which sets out full details of the product, including vintage.

Whilst we make every effort to ensure that any advertised vintage is the one you receive on receipt of your order, we cannot guarantee vintage. However, you are still able to return the wine if you are not satisfied. We will refund the value of the bottle providing we are notified within the specified time period.

Prices

Our prices are quoted on our website.

We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

We reserve the right to terminate any special offer at any time, without notice.

Payments

You must, during the checkout process, pay the prices of the products you order.

Payments may be made by the payment methods displayed within our chosen payment provider.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

  • an amount equal to the amount of the charge-back;
  • all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  • an administration fee of £25.00 including VAT; and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section.

All transactions are processed by our chosen payment provider Worldpay via their secure online gateway. All payments are encrypted using 128 bit SSL encryption. All transactions are subject to fraud screening, validation checks and authorisation by the card issuer. The outcome of that authorisation request is confirmed by Worldpay and receipt of payment sent via email.

All payment details are securely stored on Worldpay’s servers. Booths can access and view the transaction by transaction ID in order to give partial or full refunds. At no time are we able to view full card payment details.

Worldpay complies with the Electronic Commerce Directive. Terms and conditions, privacy and security policies can be located at Worldpay.

Deliveries

Our policies and procedures relating to the delivery of products are set out in this Section and our Collections and Deliveries Policy.

We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

We will only deliver products to addresses on the UK mainland.

Warranties and Representations

You warrant and represent to us that:

  • you are legally capable of entering into binding contracts;
  • you have full authority, power and capacity to agree to these terms and conditions;
  • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
  • you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy].

We warrant to you that:

  • we have the right to sell the products that you buy;
  • the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
  • you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
  • the products you buy will correspond to any description published on our website; and
  • the products you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Limitations and Exclusions of Liability, all other warranties and representations are expressly excluded.

Limitations and Exclusions of Liability

Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law,
  • and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:

  • are subject to the above.
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control including but not limited to any of the following: act of God, governmental act, war, fire, flood, storm, adverse weather conditions including but not limited to snow, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable for loss or damage caused by you handling your order. In particular we will not be liable for spillages or breakages.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the terms of contract.

Scope

These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

Variation

We may revise these terms and conditions from time to time by publishing a new version on our website.

A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

By continuing to access, browse and purchase products from us, you agree to be bound by the terms of these updates and amendments.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions and that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

No Waivers

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third Party Rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

Subject to the Limitations and Exclusions of Liability, these terms and conditions together with our delivery and returns policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and Regulatory Disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

These terms and conditions are available in the English language only.

Our VAT number is 170 7164 17.

The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

Contacting Booths

We are registered in England and Wales under registration number 49933.

If you have any questions about these conditions or your use of the website, please contact Booths Customer Care Department.

  • By mail: Customer Care Department, EH Booths Ltd, Booths Central Office, Longridge Road, Ribbleton, Preston, PR2 5BX
  • By phone: 0800 221 8086 (Mon-Fri 9am-5pm)
  • By email: webfeedback@booths.co.uk
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