MID SHIRES FOODS LIMITED

E commerce Terms and Conditions

1 DEFINITIONS

1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “Seller” means Willo Game Ltd, Shuttocks Wood, Bishop’s Castle SY9 5EA;
1.5 “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 Seller;

2 CONDITIONS

2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.3 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 Seller.
2.4 Any complaints should be addressed to the Seller’s address stated in clause 1.4.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 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 and receive a full refund within 30 days.
3.3 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, or is deemed by the Seller to abuse the fair usage policy then the Seller can withdraw, withhold or cancel the promotional code at any time.

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be stated on the website. Prices are exclusive of delivery charges and VAT. Delivery charges may be levied according to the size and type of order and distance for delivery.
4.2 In the case of consumer sales the total of the price of purchases plus VAT if applicable and delivery charges will be shown in the Consumers basket prior to confirming the order.
4.3 The total price of purchases, delivery and VAT if applicable must be paid in full at the point of ordering.
4.4 Once the order has been received the Supplier will confirm all details of the order by e mail.
4.5 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 WARRANTY

5.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

6. RIGHTS OF THE SUPPLIER

6.1 The Supplier reserves the right to periodically update prices 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 Consumer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and / or Services from the website at any time.
6.3 The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
6.4 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 DELIVERY

7.1 All delivery times quoted are estimates only.
7.2 Where specific deliveries date have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller 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.
7.4 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.
7.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7.7 If the customer refuses a delivery for whatever reason, the parcel is automatically returned to the Supplier and a return delivery charge is applied to the Buyer.
7.8 Our Couriers have permission to leave a package in a place they deem safe if the package cannot be signed for and if no other delivery instructions have been given by the Buyer. This however is down to the individual driver discretion and cannot be guaranteed.

8 SPECIFICATION

8.1 If we prepare the goods in accordance with your specifications or instructions you must ensure that:
8.1.1 The specifications or instructions are accurate;
8.1.2 Goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
8.1.3 Your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
8.2 We reserve the right;
8.2.1 to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and
8.2.2 to make without notice any minor modifications in our specifications we think necessary or desirable.

9 RETURN and CANCELLATION

9.1 The Buyer may cancel or amend any order for Goods up to the point of midday one day before delivery and any payments made by the Buyer shall be refunded in full within 30 days. To cancel or amend an order please call +44 (0) 1588 650119 between 9am and 5pm or email sales@willogame.co.uk
9.2 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 full refund (including delivery costs) plus any return postal charges if the goods are in fact defective and / or need to be returned.
9.2 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

10 LIMITATION OF LIABILITY

10.1 In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11 WAIVER

11.1 No waiver by the Seller (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

12.1 The Seller 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 Seller shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

13.1 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

14.1 The Seller 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 GOVERNING LAW AND JURISDICTION

15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

16 GENERAL

16.1 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 reasonably as possible.
16.2 We have taken every care in the preparation of the content of this website, in particular prices and product description. However owing to variations in computer monitors and the reproduction process, packaging may vary from that shown, as may the colours of our products.
16.3 We reserve the right to suspend, restrict or terminate access to the Willo website and or / Services for any reason at any time.
16.4 We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
16.5 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.